TAHOE-SIERRA MEADOWS COMMUNITY ASSOCIATION INC. P. O. BOX 1581 TRUCKEE, CA 96160 (530) 587-8647 Fax 587-8647 DECLARATION OF PROTECTIVE RESTRICTIONS ARTICLE I ARCHITECTURAL CONTROL COMMITTEE Section 1. REVIEW BY COMMITTEE. No building, fence, wall, or other structure shall be commenced, erected or maintained upon The Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications and such further data as may be requested showing the nature, kind, shape, height, materials, colors, and locations, of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Committee composed three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications and any subsequent data requested by said Board or Committee have been submitted to it, or in any event, if no suit to enjoin the addition, alteration or change has been commenced prior to the completion thereof, when approval has been timely sought, approval will not be required and this ARTICLE will be deemed to have been fully complied with. All plans, specifications and other data shall be submitted one copy thereof, as finally approved, shall be retained by the Board of committee. The Board of committee may require a reasonable inspection fee for review of plans and specifications. The current fee or review of plans and specifications is $100.00. Section 2. TERM OF OFFICE. Membership in the architectural control committee shall be for a period of one (1) year or until successors have been approved and are ready to enter upon the duties of the office. Any member of the architectural control committee may be removed without cause by a vote of a majority of the Board or by a vote of seventy-five percent (75%) of the voting power of the members. The committee can adopt reasonable rules and regulations subject to approval by the Board. ARTICLE II RESIDENTIAL DWELLINGS ONLY Section 1. Nothing but a single family, detached, private dwelling or residence designed for the occupancy of one family, together with garage or carport for the sole use of the family occupying such single private dwelling, shall be erected on any lot in the Existing Properties. The term 'private dwelling' is intended to exclude every form of multifamily dwelling, boarding or lodging house, sanitarium, hospital, and the like, but is not intended to exclude servants' premises. Section 2. No business, profession or other type of commercial activity shall be carried on or conducted upon any of The Properties covered by these restrictions. This Section 2. shall not preclude any Owner from renting or leasing said dwelling or
residence so long as said tenant or lessee does not conduct any proscribed activity on the property. Section 3. Except as provided below, no guest house, garage, tent, or temporary structure of any kind shall be erected, constructed, permitted or maintained on any portion of The Properties prior to commencement of the erection of a principal dwelling house thereon and no guest house, garage, tent, basement, or temporary building shall be used for permanent or temporary purposes: (a) A trailer/mobile home may be used as a temporary dwelling during the construction of a permanent dwelling provided that: (1) Written permission is first requested from and granted by the Association's Architectural Committee, (2) All plans have been approved and construction starts not more than one (1) week after the trailer/mobile home is placed on the lot, (3) The trailer/mobile home is self-contained (or a portable sanitary toilet has been placed on the lot), and (4) The trailer/mobile home is removed within thirty (30) days following the temporary or permanent cessation of construction (for any reason whatsoever). (b) Utility or wood sheds may be constructed provided that: (1) The main structure has been completed according to the plans approved by the Association's Architectural Committee, (2) Plans for the utility/wood shed have been approved by the same Committee. (3) The utility/wood shed is constructed with a minimum of sixty-four (64) square feet, (4) If of wooden construction, the utility/wood shed is similar to the main structure in architectural style, (5) Bare metal or unstained/imprinted wood is prohibited. A construction shed may be placed on a lot and remain there temporarily during the course of active construction of a private dwelling. No camping shall be permitted on any lot in The Properties at any time. ARTICLE III BUILDING AREA OF STRUCTURES AND SET-BACK LINES Section 1. No building or structure shall be erected or permitted on any lots nearer than twenty (20) feet from any street bordering the front of any lot, or ten (10) feet from any street bordering the side of any lot, or twenty (20) feet from the rear property line of any lot or nearer than ten (10) feet to any side lot lines. Section 2. The maximum height of any building or structure shall be twenty-five (25) feet above the top of the curb or building pad or site whichever is higher. No principal dwelling house shall have a living area, exclusive of garage, patio, terraces, and porches, or less than one thousand one hundred (1,100) square feet. Section 3. Off-street parking of a minimum of seven hundred (700) square feet must be constructed and maintained by the Lot Owner.
Section 4. All structures shall be built in accordance with applicable governmental laws, ordinances or statutes and/or building codes. Detached buildings, other than garages, in addition to main residence shall not be less than four hundred fifty (450) square feet. If used as living quarters for domestic workers or guests, a detached building must be compatible with the main structure in architectural style, materials and color. Section 5. When construction of any building is once begun, the work thereon must be prosecuted diligently and must be completed within a period of eighteen (18) months from the date of commencement. If not so completed, it may be treated as a nuisance and a violation of these Restrictions, and abated by appropriate action by anyone herein empowered to enforce these Restrictions. ARTICLE IV FENCES AND WALLS Section 1. Fences or walls may be installed on property lines (or to contain smaller privacy areas or pet pens) subject to the following conditions:(a) Requests for fences or walls must be approved by the Association's Architectural Committee; and(b) Open structure fences to a four (4) feet maximum height are permitted on the street side or any residence; and(c:) Fences, solid or open construction, to a six (6) feet maximum height, are permitted on all other areas, except they shall not extend beyond the front wall of the main residence; and on a corner lot, shall not extend beyond the side walls of the main residence or the twenty (20) foot setback line, whichever provides the most enclosed space. ARTICLE V REFUSE No refuse pile, garbage, obnoxious or offensive material shall be allowed to be placed or suffered to remain anywhere on The Properties and the Owner thereof shall cause all refuse and other like material to be disposed of by and in accordance with the accepted sanitary practice. In the event of the Owner of any Lot failing or refusing to keep the said Lot free of all refuse piles or other unsightly growth or objects, the Declarant or Association or their successors and assigns, have the right to enter upon the land and remove the same at the expense of the Lot Owner who shall repay the same on demand and such entry shall not be deemed as trespass. All garbage or trash containers, oil tanks, gas tanks and other such facilities must be underground or placed in walled-in areas so that they shall not be visible from the adjoining properties or from the street. ARTICLE VI SEWAGE No dwelling house shall be occupied for residence purposes until the same shall be connected to a sanitary sewage disposal system, or if no sanitary sewer disposal system is available, provided with a sewage disposal system consisting of individual septic tanks or ocher equally sanitary structure for the storage or disposal of sewage
constructed, located and connected with the disposal field in a manner first approved in writing by the health authority having jurisdiction thereof. No cesspool or outside toilet shall be permitted. ARTICLE VII WATER SUPPLY No individual water supply system shall be permitted on any Lot and no wells shall be drilled or used for this purpose on any Lot in The Properties. ARTICLE VIII ANIMALS No animals nor fowl of any description shall be raised, housed, or kept on any Lot except that dogs and cats or other household pets that are of such nature as not to interfere with the safety and comfort of the adjoining Owners may be kept, provided that they are not bred or maintained thereon for any commercial purpose. Further provided, however, that as to Lots greater than one-half (1/2) acre to gross area, the Owners thereof may keep and maintain thereon, horses under the following conditions: (a) Not more than two horses may be kept or maintained on any Lot at any one period of time; and (b) The area on said Lot where horses are kept and maintained shall be completely and adequately fenced; and (c) All corrals, fences and other structures used in connection with the keeping and maintenance of said horses shall be not less than seventy-five (75) feet from the front property line of said Lot and shall be set back no less than fifteen (15) feet from the side boundary lines and fifteen (15) feet from the rear boundary line; and (d) No such horses shall be kept or maintained for any commercial purpose or in any manner so as to constitute a nuisance or in any manner, which may violate any law or regulation. ARTICLE IX CLOTHES DRYING Outdoor clothes drying is allowed as a conservation measure. This ARTICLE may be rescinded at any time by a majority vote of the Board of Directors. ARTICLE X NUISANCES No obnoxious or offensive activity shall be carried on The Properties or any portion thereof, nor shall anything be done which shall be or become an annoyance or a nuisance to the neighborhood. ARTICLE XI
SIGNS No signs of any kind or character shall be permitted on any single residential Lot in The Properties, except a sign not larger than seventy-two (72) square inches setting forth the name of he Owner or occupant of the Lot and with the exception of one only "For Rent" or "For Sale" sign, not larger than two hundred sixteen (216) square inches, which "For Rent" or "For Sale" sign may only set forth the name, address and telephone number of the Owner, the offered price or rental if desired, and the fact that said property is "For Sale" or "For Rent or Lease". No signs of any commercial nature shall be erected at any time, except as provided above. The Association or any of its employees, agents or delegates, may remove any nonconforming sign after failure of the Owner to remove same within ten (10) days after delivery of a demand from the Association so to do, and may enter upon any Lot and improvement thereon for such purpose without liability for damages for trespass and without interference by such Owner. ARTICLE XII EXCAVATIONS No work or exploration for any minerals or drilling for any minerals or mining of any minerals or quarrying of any rock, minerals, soil, or mineral of any nature shall be conducted on any Lot nor shall any excavation of any nature as may be incident to the installation of utility service, drainage lines, excavation incident to the grading and preparation of building sites, the construction of dwellings and/or swimming pools, and the grading or roads and streets. Further, all trees with a trunk diameter of greater than four (4) inches will be protected. Their removal can only be accomplished after approval the Architectural Committee. ARTICLE XIII LOT SPLITTING AND SEVERANCE OF INTEREST There shall be no deed, conveyance, agreement or other document executed with respect to any Lot by the terms of which here shall be a division of said Lot into two or more separate divided ownership, Lots or parcels or a separation of the surface and subsurface rights into different Ownerships. ARTICLE XIV UTILITIES Declarant reserves for the purpose of installing, using and maintaining public utility facilities, pedestrian walkways, equestrian trails, drainage facilities, television cables, common recreational areas, and facilities, and for such other purposes incident to the development of the subject real property, certain easements, all as may be shown on the recorded subdivision map or plat of The Properties. In addition thereto, Declarant reserves for itself, its successors and assigns, the right to create, use and maintain, easements and rights of way across, under and over any Lot in the Properties; provided, however, that said easements and rights of wav will be located along one or more of the
property lines and extending not more than ten (l0) feet therefrom and the exercise of the rights thereunder do not interfere with any of the buildings or improvements located on the Lot. ARTICLE XV DRAINAGE Declarant reserves the right co use all natural drainage courses Located in the area between one or more of the property lines and not more than ten (10) feet therefrom for the purpose of conducting surface waters that may drain from other properties owned by the Declarant and in this connection, Declarant reserves the right to enlarge any or all of said drainage courses and to install pipes therein, with the right to reasonable ingress and egress from said property that may be necessary for the maintenance, enlargement or other improvements of said drainage course; provide, however, the exercise thereunder does not interfere with any of the buildings or improvements located on the property. ARTICLE XVI GENERAL PROVISIONS Section 1. DURATION. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns for a term of fifty (50) years from the date of this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then Owners of two-thirds (2/3) of the total of the Lots and Living Units has been recorded, agreeing to terminate said covenants and restrictions. For purposes of meeting the twothirds (2/3) requirement, when Living Units are counted, the Lot or Lots upon witch such Living Units are situated shall not be counted. Provided, however, that no such agreement to terminate shall be effective unless made and recorded three (3) years in advance of the effective date of such change, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken. Section 2. NOTICES. Any notices required to be delivered to any member or Owner under the provisions of this Declaration shall be deemed to have been properly delivered upon deposit in the United States mails, if postage is prepaid and said notice is addressed to the last known address of the person who appears as member or Owner on the records of the Association at the time of such mailing. Section 3. ENFORCEMENT. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity by the Declarant, Association or any Owner against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants; and failure by the Declarant, Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 4. SEVERABILITY. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions, which
shall remain in full force and effect. All provisions herein shall be subject to local ordinances, rules and regulations of governmental bodies having jurisdiction over The Properties. Section 5. MODIFICATIONS, ETC. These provisions of these covenants and restrictions may be waived, abandoned, terminated, modified, altered, enlarged, or changed as to the whole of The Properties or any portion thereof by the Association upon the written consent of the Owners holding seventy percent (70%) of the voting power of each class of membership. No such waiver, abandonment, termination, modification, alteration, or enlargement shall become effective until:(1) Obtaining the written consent of the Real Estate Commissioner if required under the then existing rules and regulations of the Real Estate Commissioner and laws of the State of California, and(2) A proper instrument in writing shall be executed and acknowledged by a proper officer or officers of the Association and recorded in the Office of the Recorder of Nevada County. Notwithstanding anything herein to the contrary, the architectural Committee, in its absolute discretion, may approve variances or deviations from the restrictions or provisions contained in ARTICLE VIII. Section 6. Every person who acquired title to any Lot or Living Unit subject to these restrictions, whether acquired from Declarant or otherwise, thereby covenants that he will become a member or said Association and remain a member thereof so long as he holds said title and will observe and abide by the ARTICLES and BY-LAWS of said Association as the same may be amended from time to time. UNIT 1 Recorded 8/31/66 amended 11/4/66 and 10/16/67 UNIT 2 Recorded 7/26/67 Incorporates unit 1 restrictions with exceptions. UNIT 2A Recorded 11/27/68 Incorporate unit 1 restrictions with exceptions. UNIT 3 Recorded 9/24/68 Incorporates unit 1 restrictions. UNIT 4 Recorded 8/4/69 Incorporates unit 1 restrictions. June 2, 1989