Article IX (Architectural Control) and Article X (Use Restrictions) of the HOA Covenants

Article IX
Architectural Control

Section 1. General Authority.

The Board of Directors shall have the authority and standing on behalf of the Association, to enforce in courts of competent jurisdiction decisions made pursuant to the provisions of this Article whether made by the Board of Directors or its designees the Architectural Control Committee. This Article may not be amended without the Declarant’s written consent, so long as the Declarant owns any of the property described in Exhibit "A".

Section 2. Construction or Alteration

1. No building, fence, wall or other structure shall be constructed, erected, or maintained upon the Property, nor shall any exterior addition to or change to or alteration therein be made (including change in color) until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to the harmony of external design and location in relation to surrounding structures and topography and conformity with the design concept for the property as approved by the Board of Directors of the Association, or by a covenant committee composed of an uneven number of three or more representatives appointed by the Board of Directors of the Association or a corporate entity represented by three corporate employees ("Architectural Control Committee").
2. Design and approval by the Architectural Control Committee or by the Board shall in no way be construed as to pass judgement on the correctness of the location, structural, utilities, or other qualities of the item being reviewed, nor will it eliminate the need for the Owner to obtain all necessary permits and licenses to perform such construction or alteration. The Owner is still required to obtain all permits, including but not limited to building permits, and licenses from Frederick City or other appropriate governmental agencies.
3. The Architectural Control Committee shall approve or disapprove the proposed use of the Lot and/or the plans, within a sixty (60) day period from receipt thereof. The aforesaid sixty (60 day period for the Architectural Control Committee review of the proposed use and plans shall not commence to run until two (2) complete sets of the final drawings, plans and specifications have been received the Architectural Control Committee in complete and final farm. Additionally, in the event that the Architectural Control Committee has not confirmed, in writing, the receipt of such final drawings, plans and specifications within thirty (30) days of the delivery of the two (2) complete sets as set forth above, then the Owner submitting Such drawings, plans and specifications must resubmit two (2) complete sets of the final drawings, plans and specifications within five (5) days following the lapse of such thirty (30) day period. If the Architectural Control Committee fails either to approve or disapprove said plans and specifications within the period provided above (provided the Owner submitting such plans and specifications has complied with all of the requirements set forth herein), it shall be conclusively presumed that the Architectural Control Committee has approved said plans and specifications. The Architectural Control Committee shall have the right, but not the obligation, to conditionally approve the proposed plans by specifying the changes to the plans that would make the plans acceptable.
4. The Association shall have the right to charge a reasonable fee for reviewing each application which shall be payable upon the submission of such application.
5. Any such exterior addition to or change or alteration made without application having first been made and approval obtained as provided above, shall be deemed to be in violation of this covenant and may be required to be restored to the original condition at the Owner’s cost and expense. In any event, no such exterior addition to or change or alteration shall be made without approvals and permits therefor having first been obtained by the Owner from applicable public authorities or agencies.
6. Notwithstanding any provision of this Declaration to the contrary, the provisions of this Article IX shall not be applicable to the Declarant or any part of the property owned by the Declarant.

Section 3. Completion of Work.

Construction or alterations in accordance with plans and specifications approved by the Architectural Control Committee pursuant to the provisions of this Article shall be completed within one (1) year following the date upon which the same are approved by the Architectural Control Committee (whether by affirmative action or by forbearance from action as in Section 2 of this Article provided). Once work has commenced, it shall be diligently pursued. In the event construction is not completed within the period aforesaid, then approval of the plans and specifications by the Architectural Control Committee shall be exclusively deemed to have lapsed and compliance with the provisions of this Article shall again be required. Approval of any particular plans -and specifications or design shall not be construed as a waiver of the right of the Architectural Control Committee to disapprove such plans and specifications or any elements thereof, in the event such plans and specifications are subsequently submitted f or use in any other instance.

Section 4. Rules and Regulations.

The Architectural Control Committee may from time to time adopt and promulgate such rules and regulations regarding the form and content of plans and specifications to be submitted for approval and may publish such statements of policy, standards and guidelines and/or establish such criteria relative to architectural styles or details, or other matters, as it may consider necessary or appropriate. No such rules, regulations, statements, criteria, or the like shall be construed as a waiver of the provisions of this Article or any other provision or requirement of this Declaration. The decisions of the Architectural Control committee shall be final except that any member who is aggrieved by any action or forbearance from action by the Architectural Control Committee may appeal the decision of the Architectural Control Committee to the Board of Directors. Such appeal must be submitted in writing within fifteen (15) days of the action of the Committee, and if not filed within that period, shall be forfeited. Two— thirds (2/3) of the Board of Directors shall be required to reverse the decision of the Architectural Control Committee.

Section 5. Committee Members and Failure to Act.

The Architectural Control Committee shall consist of three (3) persons and/or a corporate entity with no less than three (3) corporate employees. The Architectural Control Committee shall initially be Ausherman Construction company. The right to appoint and remove all members of the Architectural Control Committee or select a new corporate entity to perform the functions of the Architectural Control Committee shall be and is hereby vested solely in Declarant and in any assign(s) to whoa such right is specifically transferred. The Association shall accept the responsibility for architectural control if such responsibility is assigned to it. The mailing address of the Architectural Control Committee shall be 8031 Reaches lord Road, Frederick, Maryland 21701, or such other address as shall from time to time be designated by the Association. A majority of the Architectural Control Committee may designate a chairman to act for it. Neither of the members of the Architectural Control Committee nor its designated representatives shall be entitled to any compensation for services, other than expenses, performed pursuant to these covenants. The Architectural Control Committee’s approval or disapproval as required shall be in writing. A majority of the membership of the architectural control committee shall constitute a quorum, and all actions shall require only a majority vote.

ARTICLE X
Use Restrictions

In addition to all other covenants contained herein, the use of the Properties and each Lot therein is subject to the following:

Section 1. Permitted Uses.

The Lots shall be used for any uses permitted, whether by right or by special zoning approval, in the zones in which they are located, as set forth in the Frederick City Zoning Ordinance except as further restricted by this Declaration and any Amendments thereto. Nothing contained in this Article or elsewhere in this Declaration shall be construed to prohibit the declarant from the use of any Lot or dwelling or improvement thereon for promotional or display purposes or as "model homes" or as a sales and/or construction office, or the like.

Section 2. Signage.

No sign or billboard of any kind shill be displayed to the public view on any portion of the Properties or any Lot, except for a sign for a member of a recognized profession not exceeding one (1) foot square in area, and except for one (1) sign for each building site, of not more than eight (8) square feet advertising the parcel of land for sale or rent, provided however, that signs used by Declarant to advertise the Properties or any Lot during the construction and sales period and all permanent community identification signs erected by Declarant are permissible and are exempt from this restriction.

Section 3. No Interference with Quiet Enjoyment.

No noxious or offensive activity shall be carried out upon any Lot or any part of the Property, nor shall anything be done thereupon which may be, or may become, an annoyance or nuisance to the neighborhood, or which shall in any way unreasonably interfere with the quiet enjoyment of each of the Owners of his respective Lot or dwelling unit thereon, or which shall in any way increase the rate of insurance for any other Lot, or a dwelling unit thereon or the Common Area.

Section 4. Prohibited Structures and Vehicles.

No automobiles, trucks under two (2) tons, vans, recreational vehicles, boats or any other vehicles or equipment of a similar nature shall be allowed on any Lot or portion of the Common Area unless they display a valid current license or registration or are stored in a garage and out of public view, excepting that recreational vehicles and boats may be parked on a Lot only with the approval of the Architectural Control Committee as to the location and screening. In addition, no such vehicle shall be parked on the streets of the Properties for a continuous or intermittent period to exceed twenty-four (24) hours. No trucks over two (2) tons, buses, tractors, trailers or similar items are permitted to be parked on any Lot or any streets of the Properties with or without a current registration or license, except for vehicles that any builder may require to be located during the construction and sales period. The Association shall have the right to tow and remove from the Property (at the expense of the Owner of such vehicle) any vehicle in violation of this Declaration or any adopted Rules and Regulations.

Section 5. Animals.

No swine, poultry or livestock shall be permitted or raised on any Lot, except dogs, cats, or other usual household pets, not in excess of two (2) of each type of such household pet may be kept (i.e., two (2) dogs, two (2) cats, etc.); provided that they are not kept, bred or maintained for any commercial purposes and are not permitted to roam at large.

Section 6. Trash Removal.

All rubbish, trash, and garbage shall be regularly removed from the Property and shall not be allowed to accumulate thereon nor be burned on any Property. No rubbish, trash or garbage shall be kept or placed outside of any dwelling on the Property except that covered trash containers may be placed in front of a Lot for pick—up if so placed not earlier than dusk on the evening preceding the day of such pickup. All refuse containers, wood piles, storage areas, and machinery and equipment shall be stored in the rear yard of any Lot, in a neat and orderly fashion.

Section 7. Antennae, Garages, Clothes Lines and Fences.

1. No radio or television receiving or transmitting antennae or external apparatus shall be installed on any Lot. Normal radio and television installations wholly within a building are excepted.
2. All Owners are hereby put on notice that Frederick Cablevision owns and operates a facility on Yellow Springs Road near the Properties subject to this Declaration. This facility is not owned by the Declarant and is not subject to the covenants or use restrictions contained in this Declaration, and said facility may be modified or expanded in the future, without the approval of the Association.
3. Under no circumstances may garages be converted into living space.
4. No clothing or any other household laundry shall be hung in the open to dry on any Lot unless hung from a device located in the rear yard that is removed from view when not actually in use.
5. No chain link fences shall be installed on any Lot. All other fences shall be approved by the Architectural Control Committee. The Architectural Control Committee shall have the right to establish the location, type and height of fencing and all fencing details permitted in different sections of the Properties.

Section 8. Tree Removal.

Trees may be removed from a Lot where reasonably necessary for the construction of driveways, paths, utility lines and structures, but in order to preserve the scenic beauty of the Property hereby subjected to these restrictions, except for such designated purposes, no tree larger than four (4) inched in diameter (measured two feet above the ground) or more than twenty (20 feet in height shall be removed from the Property or destroyed without the written approval of the Architectural Control Committee. Said permission not being required for removal of dead trees or deadfall.

Declarant will be providing trees along the streets of the Properties for the purpose of enhancing the appearance of the Properties. In addition, Declarant may be landscaping certain areas around the improvements constructed on each Lot. It is intended that each individual Owner will maintain, water and nurture said landscaping and street trees as installed by the Declarant and by acceptance of the deed of conveyance for any Lot, the Owner undertakes an affirmative responsibility to maintain, care for, and/or replace such landscaping and Street trees. The Declarant, its agents and employees shall have an irrevocable right and a general easement to enter any Lot for the purpose of supplement hereto, including, without limitation, the right to maintain and care for the landscaping and street trees, located within the area adjoining any street and/or roadway. Such right and easement shall in no way be construed as an obligation on the part of the Declarant to maintain said landscaping and/or street trees.

Section 9. Vegetable Gardens.

No vegetable garden may be planted in the front of any Lot.

Section 10. Minimum Living Area.

The total minimum living area (excluding basements, porches and garage areas) of any dwelling erected on any Lot shall be determined by the Architectural Review Committee from time to time.

Section 11. Prohibited Dwellings.

Structures and Equipment. No trailer, unlicensed vehicle, shack, or garage only or basement only shall be erected or allowed to remain on any Lot; nor shall the same at any time be used as a dwelling, temporarily or permanently; nor shall any structure of a temporary character be used as a dwelling. The Architectural Review committee may allow a dog house structure or an accessory structure (including, but not limited to, a shed or storage structure) provided such structure meets the requirements of Article IX hereof.

Section 12. Subdivision.

No Lot shall be divided or subdivided and no portion of any Lot (other than the entire Lot) shall be transferred or conveyed for any purpose. The provisions of this subsection shall not in any way apply to the Declarant, it being understood and agreed by each Owner that the Declarant is free to further divide or subdivide any portion of any Lot as long as the Declarant is in title to such Lot. Further, the provisions hereof shall not be construed to prohibit the granting of any easement or right-of-way to any municipality, political subdivision, public utility or other public body or authority, the Declarant or any other person for any purpose.

Section 13. Obstructions.

No tree, hedge or other landscape feature shall be planted or maintained in a location which obstructs sight-lines for vehicular traffic on public streets or on private streets and roadways.

Section 14. Exterior Installations.

No water pipe, sewer pipe, gas pipe, drainage pipe, television cable or other similar transmission line shall be installed or maintained upon any Lot above the surface of the ground and no wire, cable or other similar transmission line may be attached to the exterior of any structure on any Lot; except for such items as installed by a utility company and cannot be buried and/or hidden from view.

Section 15. Interference with Easements.

No structure, planting or other material shall be placed or permitted to remain upon any Lot which may damage or interfere with any easement for the installation or maintenance of utilities, or which may unreasonably change, obstruct or retard direction or flow of any drainage channels. Such easement area on each Lot shall be maintained continuously by the Owner of the Lot, except for those improvements in such easement areas for which a public authority or utility company is responsible for maintaining.

Section 16. Vacant Lots.

That portion of any Lot covered by this Declaration, which is not occupied by a building shall be kept free and clear of all weeds and debris so that the same may be identified as a residential lot. Any Lot which has been sold, but on which no building has been constructed, shall likewise be kept free and clear of debris, pending the construction of a residence thereon. Each Owner shall promptly remove or otherwise dispose of any accumulation of trash, garbage or rubbish, and at all times maintain said Lot in a neat and sanitary condition.

Section 17. Rules and Regulations.

All Owners and occupants shall abide by the By—Laws and any rules and regulations adopted by the Association.

Section 18. Lease Agreements.

Any lease agreement between a Lot Owner and a lessee shall provide that the terms of the lease are subject in —all respects to the provisions of this Declaration, and the Articles of Incorporation and By—Laws of the Association and any rules and regulations, and any failure by the lessee to comply with the terms of such documents shall be a default under the lease. All such leases shall be in writing.

Section 19. Exemptions.

None of the foregoing restrictions shall be applicable to the activities of:

1. Declarant, its officers, employees, agents, or assigns in their development, marketing, and sale of Lots or other parcels within the Property; or
2. The Association, its officers, employees, and agents in connection with the proper maintenance, repair, replacement, and improvement of the Common Area and community facilities thereon.