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Events
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13 BML Covenants 13. GENERAL USE
RESTRICTIONS
The following shall apply to all units in the Development, unless such
provisions are waived, in writing by the Architectural Control Committee. 13.1 Maintenance. Each Lot, whether occupied or
unoccupied, and all improvements thereto shall at all times be maintained in
good and clean condition; grass shall be mowed; rubbish and debris removed, and
weeds controlled. If any Lot or any improvement thereon is not so maintained,
the Association may maintain, restore or repair, the cost of which shall be a
Personal Charge hereunder as more fully described in Section 3.7. Neither the
Association nor any of its agents or employees or contractors shall be liable
for any damage which may result from any maintenance, restoration or repair
work performed hereunder. ć 13.2 Timing of Construction. The timing of construction within
any Community shall be established in the Community Declaration for that Community.
13.3 Accessory Outbuildings. No garage or shed shall be built on
any Lot before a dwelling or completed building is built on that Lot. No
garage, shed, tent, temporary building, or partially completed building shall
be used for human habitation. ć 13.4 Landscaping. No structures, hedge rows, screens
or fences of any kind shall be allowed within any setback specified herein or
in a recorded plat without the specific written permission of the ACC;
provided, that no permission shall be required for the planting of grass,
occasional ornamental shrubs, trees and plants within such setback area. The
landscaping of Common Areas shall be furnished exclusively by the Association
as a Common Expense. ć 13.5 Nuisances. No noxious or offensive activity
shall be carried on in the Common Areas or any Community Common Area nor shall
any activity be conducted within the Development, either willfully or
negligently, which may be or become an annoyance or nuisance to other Owners.
No Lot shall be used in whole or in part for the storage of rubbish of any
character whatsoever, nor for the storage of any property or thing that will
cause such property to appear in an unclean or untidy condition or that will be
obnoxious to the eye; nor shall any substance, thing, or material be kept upon
any property that will emit foul or obnoxious odors. ć 13.6 Signs. Except as permitted by the ACC, no person, except
Declarant, shall erect or maintain any sign or advertisement upon any Lot or
Unit. ć 13.7 Animals. No animals shall be kept on any Lot or Unit except
household pets (dogs and cats), but not more than three to a household.
Household pets shall be kept reasonably confined so as not to become a
nuisance. ć 13.8 Vehicles. Except as provided in the rules and regulations
established by the ACC, no vehicle shall be parked on any street in the
Development. No minibike, trailbike, snowmobile or other similar type vehicle
shall be used within the Development except pursuant to the rules and
regulations established by the ACC. 13.9 Garbage and Refuse Disposal. No Owner shall burn or permit the
burning out-of-doors of garbage, trash, or other household refuse. ć 13.20 Concealment of Fuel Storage Tanks and Trash
Receptacles. Every
fuel storage tank on any Lot shall be either buried below ground or screened to
the satisfaction of the ACC. Every receptacle for rubbish shall be underground
or shall be so placed and kept as not to be visible from any street or lake
within the Development. ć 13.11 Model Homes. No building that is to be used as
a model home or exhibit house shall be built without the prior written
permission of the ACC. ć 13.12 Removal of Trees. No tree over six (6) inches in
diameter may be cut down without the prior written consent of the ACC. ć 13.13 Limited Access. There shall be no access to any
Unit on the perimeter of the Development except from designated roads within
the Development. ć 13.14 Docks, Piers and Boathouses. No pier, dock or other structure
shall be built without written permission of the ACC, which permission shall be
a revocable license. No boathouses shall be permitted. No pier, dock or other
structure shall extend more than fifteen (15) feet into any lake. The highest
projection of any dock or pier shall not exceed the elevation of the adjoining
land. ć
13.15 Ditches and Swales. Each Owner shall keep any drainage
ditches and swales located on his property free and unobstructed and In good
repair and shall provide for the installation of such culverts upon his
property as may be reasonably required by the ACC. ć 13.16 No Subdivision. No Unit shall be divided or split
and no Units or any portions thereof combined, without the express written
consent of the ACC. ć 13.17 Drilling and Mining. No drilling, refining, quarrying
or mining operation of any kind shall be permitted on any property within the
Development. ć 13.18 Commercial Use. Unless prohibited by a Community
Declaration, commercial use shall be permitted within the Development, subject
to approval by the ACC. ć 13.19 Radio and Television Antennas. No exposed or exterior radio,
television or satellite antennas shall be erected, placed or maintained on any
part of any Lot or Unit; however, this restriction may be waived by the ACC.
Any waiver of these restrictions shall not constitute a waiver as to other
Lots, Units or antennas. ć 13.20 Letter and Delivery Boxes. The ACC shall determine the
location, color, size, design, lettering, and all other particulars of all mail
or paper delivery boxes, and standards and brackets and name signs for such
boxes in order that the area be strictly uniform in appearance with respect
thereto. ć 13.21 Clothes Lines. Clotheslines or drying yards shall
be so located as not to be visible from the street serving any Lot or Unit or
from the waterfront. ć 13.22 Garbage Receptacles. Garbage receptacles shall be in
complete conformity with sanitary rules and regulations. No garbage
incinerators shall be permitted. ć 13.23 Private
Swimming Pools. No private swimming pools shall be constructed on any Lot except as
approved by the ACC. ć 13.24 Taxes
and Government Limitations. Any contract of sale of any property within the Development is made
subject to taxes and other assessments if any, levied or assessed against the
property in the year in which it is contracted and subject to all restrictions
and limitations imposed by the governmental authority. ć 13.25 Garbage
and Trash Removal.
In order to enhance the appearance and orderliness of the Development, the
Declarant hereby reserves for itself, its successors and assigns, the exclusive
right to operate, or from time to time grant an exclusive license to a third
party, to operate, a commercial scavenging service within the Development for
the purpose of removing garbage, trash and other like refuse. The charge to be
made for such refuse collection and removal service shall be at a reasonable
rate commensurate with the rates charged by commercial scavengers serving other
subdivisions of high standards in the area and shall be subject to change from
time to time. ć 13.26 Multi-FamIly Structures. The exterior of all structures
constructed on a multi-family Lot and all landscapable areas of such Lot shall
be maintained and repaired by the Community Association for the Community in
which such structure is located. If such Community Association shall fail to do
such maintenance or repair, the Association may exercise its remedies under
Section 3.7, Section 12.11 and any other remedies provided by law. ć 13.27
Common Areas and Community Common Areas. 13.27.1 No
Dedication to Public Use. Nothing contained in this Declaration shall be construed or
be deemed to constitute a dedication, express or implied, of any part of the
Common Areas or any Community Common Area to or for any public use or purpose
whatsoever. ć 13.27.2 Obstructions. Except as permitted under Sections
3.4, 4.3 and 11.2 or in any Community Declaration, there shall be no
obstruction of the Common Areas or any Community Common Area, and nothing shall
be stored in the Common Areas or any Community Common Area without the prior
written consent of the Association Board. ć 13.27.3 Pets. No animal of any kind shall be
raised, bred or kept in the Common Areas or any Community Common
Area. The Association Board may from time to time adopt rules and regulations
governing the use of the Common Areas or any Community Common Area by pets,
including, without limitation, rules and regulations which require an Owner to
clean up after his pet. Any pet causing or creating a nuisance or unreasonable
disturbance on the Common Areas or any Community Common Area shall be
permanently removed from the Premises upon three (3) days written notice from
the Association Board to the Owner of the Unit containing such pet and the
decision of the Association Board shall be final. No dog, cat or other pet
shall be allowed to be a nuisance by sound or action of any nature whatsoever
regardless of the place where said nuisance occurs. ć 13.27.4 Nuisances. No noxious or offensive activity
shall be carried on in the Common Area or any Community Common Area. 13.27.5 Structural Impairment. Nothing shall be done in, on or to
the Common Areas or any Community Common Area which would impair the structural
integrity of any building or structure located thereon. ć 13.27.6
No Unsightly Uses. The Common Areas and each Community
Common Area shall be kept free and clear of all rubbish, debris and other
unsightly materials and no waste shall be committed thereon. All rubbish shall
be deposited in such areas and such receptacles as shall be designated by the
Association Board. ć 13.27.7
Traffic Control. No Owner or resident, their guests, invitees and domestic help
shall operate a motor vehicle on those portions of the Common Areas designated
to provide access to and from any unit in a reckless, unreasonable or dangerous
fashion and in any event shall not operate a motor vehicle at an excessive rate
of speed. The Association shall have the right to take such steps as are
reasonably necessary to prevent such reckless, unreasonable or dangerous
behavior and shall have the right to adopt any rules and regulations
(consistent with any provisions of Pennsylvania law governing the use of public
roadways) regarding the use of such Common Areas designed to provide access to
and from any Unit and by such rules and regulations to impose such fines and
penalties as are necessary to enforce such rules and regulations, which fines
and penalties shall be personal Charges payable by Owner and shall become liens
on such owner's Unit pursuant to Section 7.14. ć 13.27.8
Vehicles. Except as provided in the rules and regulations established by the ACC,
no vehicle shall be parked on any street in the Development. No minibike,
trailbike, snowmobile or other similar type vehicle shall be used within the
development except pursuant to the rules and regulations established by the
ACC. ć 13.27.9
Commercial Use.
As provided in Section 4.3, unless otherwise prohibited by the Community
Declaration covering a particular Common Area, the entity which holds title to
a Common Area shall retain the right to operate or enter into agreements with
third parties which permit such parties to operate commercial ventures,
including, but not limited to, food concessions within such Common Areas. ć | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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