(a) Liability for Common Expenses. The percentage of ... RESTRICTIONS ON USE.… · accordance with...

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(a) Liability for Common Expenses. The percentage of liability for Common Expenses allocated to each Unit is based on the total number of Units divided into 100. Nothing contained in this Subsection shall prohibit certain Common Expenses from being apportioned to particular Units under Section 17:2 of this Declaration. (b) Votes. The total number of votes in the Association shall equal 7 and each Unit shall have one vote. Any specified percentage of Unit Owners, unless othenwise stated in the Documents, means the specified percentage of all votes allocated to Units in the Association. ARTICLE X - Restrictions on Use. Alienation and Occupancy Section 10.1 - Use Restrictions. In addition to any local, state or federal codes, regulations and laws, the following use restrictions apply to all Units and Common Elements within Aristea Estates Condominiums: (a) Residential Use. Subject to the Special Declarant Rights contained in Article VIII, each Unit is restricted to residential use for a single family including, therein, home professional pursuits not requiring regular visits from the public or unreasonable levels of mail, shipping, trash or storage. A single family is defined as a single housekeeping Unit, operating on a non-profit, non-commercial basis between its occupants, cooking and eating with a common kitchen and dining area. (b) Subsurface Use. No part of a Unit shall be used for the purpose of exploring for, taking therefrom, or producing therefrom sand, gravel, coal, gas, oil, or other hydrocarbon substances. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted on any Unit. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or pennltted on any Unit. Section 10.2 - Occupancy Restrictions. Subject to the Special Declarant Rights contained in Article VIII. the following occupancy restrictions apply to the Units. (a) Residential Structures. Each Unit is restricted to a single, detached, residential structure, including a garage, whether attached or detached to the primary residential structure. (b) Accessory Structures. Each of the following is permitted as an accessory structure, as long as each does not exceed 1,000 square feet in size: I A single guest house, ii. A non-commercial greenhouse, and iii. A storage structure. DECLARATION FOR ARISTEA ESTATCS CONDOMINIUMS 18 Of 52 2012-004602-0

Transcript of (a) Liability for Common Expenses. The percentage of ... RESTRICTIONS ON USE.… · accordance with...

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(a) Liability for Common Expenses. The percentage of liability for Common Expenses allocated to each Unit is based on the total number of Units divided into 100. Nothing contained in this Subsection shall prohibit certain Common Expenses from being apportioned to particular Units under Section 17:2 of this Declaration.

(b) Votes. The total number of votes in the Association shall equal 7 and each Unit shall have one vote. Any specified percentage of Unit Owners, unless othenwise stated in the Documents, means the specified percentage of all votes allocated to Units in the Association.

ARTICLE X - Restrictions on Use. Alienation and Occupancy

Section 10.1 - Use Restrictions. In addition to any local, state or federal codes, regulations and laws, the following use restrictions apply to all Units and Common Elements within Aristea Estates Condominiums:

(a) Residential Use. Subject to the Special Declarant Rights contained in Article VIII, each Unit is restricted to residential use for a single family including, therein, home professional pursuits not requiring regular visits from the public or unreasonable levels of mail, shipping, trash or storage. A single family is defined as a single housekeeping Unit, operating on a non-profit, non-commercial basis between its occupants, cooking and eating with a common kitchen and dining area.

(b) Subsurface Use. No part of a Unit shall be used for the purpose of exploring for, taking therefrom, or producing therefrom sand, gravel, coal, gas, oil, or other hydrocarbon substances. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted on any Unit. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or pennltted on any Unit.

Section 10.2 - Occupancy Restrictions. Subject to the Special Declarant Rights contained in Article VIII. the following occupancy restrictions apply to the Units.

(a) Residential Structures. Each Unit is restricted to a single, detached, residential structure, including a garage, whether attached or detached to the primary residential structure.

(b) Accessory Structures. Each of the following is permitted as an accessory structure, as long as each does not exceed 1,000 square feet in size:

I A single guest house, ii. A non-commercial greenhouse, and iii. A storage structure.

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(c) No Basement Occupancy. No owner shall occupy a "covered" basement during the construction of the residential structure.

(d) Temporary Structures. No structure of a temporary nature, such as a trailer, tent, shack, or vehicle of any kind shall be used at any time as a residence or as living quarters, either temporarily or permanently.

(e) Animals. No animals, including fowls or livestock of any kind, shall be raised, kept, or bred for commercial purposes within Aristea Estates Condominiums. However, a Unit owner may keep up to three (3) domestic dogs and three (3) domestic cats, on a Unit. All pets shall be restricted to the owner's premises and not be allowed to stray at any time. No vicious dog, as defined by the ordinances of the Matanuska-Susitna Borough, shall be kept on any Unit. Any owner who has a dog kept out of doors shall provide a fenced yard or an outdoor enclosed run of no less than one hundred fifty (150) square feet, constructed behind the front of the family residence, which shall contain an insulated doghouse. No dog may be maintained on a rope or chain.

(f) Nuisance. No noxious or offensive activities shall be carried on upon the subject property, or any part thereof, nor shall anything be done or maintained thereon which may become an annoyance, nuisance or detraction from its value as a quiet, residential property. No animal waste shall be allowed to accumulate so a s to attract insects or cause CKlors, which can become an annoyance to neighboring Units.

(g) Water System. No Individual water supply system is pemiitted upon any Unit, unless the system Is located, Installed, constructed, and approved in accordance with the Alaska Department of Environmental Conservation requirements.

(h) Sewage Disposal. No outhouses are allowed on any Unit. No individual sewage disposal system is permitted on any Unit, unless such system contains an individual sewage treatment facility designed specifically for the use to which it will be put and is pemiitted, located, installed, constructed, inspected, and approved in accordance with the Alaska Department of Environmental Consen/ation requirements, in order to comply with the foregoing provision, Unit owners are responsible for siting their residential structures so as to not conflict with the designated well/septic system sites for their Units, and also maintain the Department of Environmental Conservation distance requirements for the well/septic system sites on adjacent Units. Unit owners must take care to avokl excessive use of bleachers, solvents, or any substance hamiful to the bacterial action of the sewage disposal system. Unit owners shall comply with all Federal, State, and Borough requirements for sewage disposal.

(!) Landscaping. To the extent possible, the natural vegetation of the Units shall be maintained. Although trees and shrubs may be removed for the

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construction of driveways, parking areas, residential structures and accessory structures, and selective cutting may be undertaken to improve views, owners shall make every effort not to cut down or destroy trees taller than fifteen (15) feet in height. In no event may a Unit be completely cleared of existing trees and vegetation. Felled trees and branches and grubbed brush shall be removed within two (2) weeks of their felling or grubbing. All areas of a Unit, other than those occupied by buildings, paving, or gravel driveways or vehicle parking locations shall be either retained in natural vegetation or landscaped so that there is no bare earth exposed. If a Unit requires landscaping, the landscaping shall be installed within two (2) years of the date the residential structure on the Unit is first occupied. Subsequent to occupancy of the residential structure and installation of any required landscaping, dead trees and shrubs shall be removed expeditiously and landscaped yard areas shall be groomed to a standard established by the Association which, after notice and an opportunity to resolve any failure to maintain the landscaping and natural vegetation on a Unit, may step in and provide the maintenance subject to a charge back to the Unit owner for the cost of the maintenance.

(j) Signs. No signs of any kind shall be displayed to the public view on any Unit, except one professional sign of not more than five (5) square feet, advertising the property for sale or rent, signs used by a builder to advertise the property during the construction and sales period, or signs indicating a home professional pursuit permitted in (a) above.

(k) Trash. A Unit may not be used or maintained as a dumping ground or storage area for rubbish, garbage, trash, inoperative vehicles/equipment or machinery, or other waste. Garbage and other waste shall be kept in sanitary containers and disposed of in compliance with all borough, state, and federal requirements.

(I) Eouipment and Vehicle Parking and Storage.

(i) No mobile homes, tents, heavy equipment, or trucks shall be parked, stored, erected, maintained, or constructed on any Unit, except as required for routine or emergency maintenance or for new construction or alteration or remodeling of an existing structure or for the purpose of moving in or out of a home. However, recreational vehicles (boats, airplanes, snow machines, ATVs (All Terrain Vehicles), PWC (Personal Watercraft), recreational trailers or motor homes), may be parked on a Unit for up to forty-eight (48) hours in front of a home but may not be stored on a Unit for longer than that unless it is stored under cover inside of a garage or storage building or in the back yard out of sight from the street or neighboring Units. Recreational vehicles may not be used for living purposes while parked or stored on a Unit.

(II) All vehicles owned by or visiting a Unit owner must be parked on the owner's Unit. No vehicles maybe parked overnight on any Borough-maintained road within Aristea Estates Condominiums.

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(iii) No motor vehicle or trailer may remair> on any Unit for more than forty-eight (48) hours if it is not in operating condition.

(iv) All Unit owners, members of their households and visitors shall comply with the parking ordinances which are applicable to residential neighborhoods.

(v) Repair or restoration of any motor vehicle, boat, trailer, campers, motorcycles, snow machines, ATVs, and other machinery shall be considered a nuisance, unless such activity is conducted within in a totally enclosed or screened area.

(m) Antennas. No communk:ation tower antennas, capable of sending a signal, shall be allowed in excess of 25 feet tall or 8 feet above the highest point of the roof of the residential structure.

(I) Such communication signals may not interfere with the communication receiving equipment on other Units.

(ii) Television satellite dishes are pemiitted as allowed by the Federal Communications Act of 1996, but every attempt should be made to locate or screen them in such a way that they are not visible from roadways or adjoining Units.

(Hi) Absolutely no commercial-type cellular phone towers are permitted on any Unit.

(n) Mailboxes. Mailboxes shall be located and installed as required by the U.S. Post Office.

(n) Changes to Common Elements. No change shall be made to the Common Elements except with the written pemiission of the Executive Board.

Section 10.3 - Structure Design and Constmction Standards.

(a) Minimum Souare Footage of Primary Residential Structure. Each primary residential structure shall have a minimum living area of one thousand (1000) square feet, exclusive of porches, decks, and garages, if any.

(b) Construction Schedule. Construction of the residential structure shall be pursued with reasonable diligence continuously from the time of commencement until fully completed and, in all cases, construction of the exterior finish must be completed within eight (8) months from construction of the foundation. The residential

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structure must be completely finished within fifteen (15) months of the start of construction.

(c) Foundations. Foundations of all residential structures and garages shall be of quad lock design, concrete wails, slab design or concrete block and shall include standard concrete footings (minimum of forty-eight (48) inches of concrete frost wall which includes footings) under all exterior walls.

(d) Roofs. Roofs shall be finished with wood shakes, wood shingles, composition roofing tiles, or asphalt shingles, or other non-glare material (including non-glare metal) of natural earth tone colors.

(e) Exterior Finish. Exterior finish materials shall be wood, stone, or other appropriate natural-appearing materials.

(f) Complementarity. All structures, with the exception of greenhouses, shall be complementary in architectural design, external materials, and finish.

(g) Tanks screened. A water holding tank, if any in lieu of a well, must be completely concealed, as in a garage or shed. All propane or diesel service tanks shall be screened so as to conceal them from the view of neighboring streets. Units and residences by fencing or vegetation.

(h) No Metal Structures Metal structures, except greenhouses, are prohibited.

(i) Colors. Only earth tone colors with slightly brighter trim colors are pennltted.

0) Setbacks. No dwelling may encroach into the setback area defined as follows: ten (10) feet from side and rear Unit lines, and fifty (50) feet from the front Unit line. It is the intent of these setback requirements to provide maximum possible spacing between dwellings and screening from roadways and adjacent properties. No portion of a building may encroach into the setback area.

(k) Driveways and Walkways. Where driveways connect to N. Coronado Street, they must be located within the Unit's Limited Common Element. All driveways and walkways shall confomi to the natural drainage and be culverted when required to allow unimpeded flow of drainage. Any alteration of natural drainage shall become the responsibility of the owner changing grades and said owner shall make the necessary provisions for such water and runoff.

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