Summit Village - Article III

ARTICLE III
OCCUPANCY AND USE OF RESIDENTIAL AND COMMON AREAS

Section 3.1 Each residence lot shall be utilized solely as a site for a structure or in connection therewith. Any structures erected upon a residence lot shall be of new construction and no building or structure of a temporary nature, guest house, trailer, basement, tent, shack, shed, barn or other outbuilding shall be used, placed or constructed on any residence lot at any time either temporarily or permanently. Each residence lot may contain one or more residence units.

Section 3.2 Any lot may be re-subdivided by its owner when all subdivision and/or condominium statutes, regulations, ordinances or requirements or the State of Nevada, or any regulatory body having jurisdiction over the above described land, have been fully complied with.

Section 3.3 No animals, livestock or poultry of any kind shall be raised, bred or kept on any residence lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose, and provided that all requirements of any governmental agency as to the keeping of such pets are complied with. Animals unattended will be impounded by Douglas County Animal Control.

Section 3.4

(A) Unlicensed off-road vehicles are prohibited within Summit Village. Recreation vehicles, buses, boats or trailers shall not be allowed in the area controlled by the Association, unless prior arrangements have been made with the Association at least seventy-two (72) hours prior to arrival relating to the parking of said vehicles. No person shall be allowed to utilize any recreational vehicle for camping or overnight use without the prior consent of the Association.

(B) Vehicles parked in common area lots for a period of more than seventy-two (72) hours shall be towed at the owner's expense. During snow season, all vehicles must be parked away from snow disposal areas, and outside of right-of-way snow pole markers.

(D) Each residential unit is allotted two (2) parking spaces.

(E) The Board of Directors shall have the authority to designate parking in appropriate areas.

Section 3.5 All structures and improvements constructed in the subdivision shall be built in a good workmanlike manner, and shall be maintained in good condition. No structure shall be moved from any other location, unless it shall have been newly constructed elsewhere for the express purpose of placing it on a residence lot. No individual garages, carports, driveways, or walkways shall be allowed unless specifically set forth upon a plan approved in writing by the Board or its designee.

Section 3.6 No walkways, sidewalks, paths, driveways, or parking areas shall be built over any common area or residential area without the written approval of the Board. Maintenance of existing walkways, sidewalks, paths, driveways or parking areas, exclusive of new construction, substantial alteration or reconstruction, does not require Board approval. Any plan requiring new construction, substantial alteration or reconstruction of walkways, sidewalks, pathways, driveways, or parking areas shall be subject to Board approval. The owner must submit plans and specifications therefore to the Board pursuant to Section V, "Architectural Control".

Section 3.7 Prior to the commencement of construction of any structure, the owner shall first obtain written approval of the Board or its designee.

Section 3.8 No structure shall be occupied for residence use until the same shall be connected to a satisfactory sanitary sewage disposal system (temporary or permanent) approved by the appropriate county, state, municipal or federal authorities. No cesspool or outside toilet shall be permitted.

Section 3.9 No television or radio antennas shall be erected without the written consent of the Board or its designee.

Section 3.10 No advertising signs or identification signs, except one of not more than five (5) square feet stating "For Rent" or "For Sale" sign per residence lot, shall be erected without Board approval. Application for Board approval shall be made pursuant to the requirements of Article V, "Architectural Control". No signs shall be erected in violation of Douglas County Code, Chapter 15.18.010, "Sign and Advertising Control".

Section 3.11 No billboards, or unsightly objects in appearance shall be erected, placed or permitted to remain on any residence lot, nor shall the real property or any part thereof be used in any way, or for any manner or for any purpose which may endanger the health, or unreasonably disturb the occupants of any residence lot.

Section 3.12 No business activities of any kind shall be conducted on the real property or any part thereof, without the prior approval of the Board. Application for approval shall be made pursuant to Article V, "Architectural Control".

Section 3.13 No garbage, refuse or obnoxious or offensive material shall be permitted to accumulate on any residence lot and the owner thereof shall cause all garbage and other like material to be disposed of by and in accordance with accepted sanitary practice. All garbage or trash containers, oil tanks, gas tanks and other facilities must be placed so as not to be visible from another residence lot or from the streets.

Section 3.14 All residence lots, unit ownerships or residence units shall be required to maintain mandatory garbage and refuse service to such lot, unit or residence unit. In the event that the Association fails to provide for such service, the Association shall maintain such service with charges therefore being assessed against the owner pursuant to Article IV, which contains assessment collection procedures.

Section 3.15 The provisions as to occupancy and use of residential and common areas shall be equally binding on a lessee, agent, employee or representative of the owner and on any occupant of a residence.

Section 3.16 No work or exploration for any minerals, or drilling for any minerals, or mining of any minerals, or quarrying of any minerals, rock, soil or any material shall be conducted on the subdivision or any part thereof, nor shall any excavation be made thereon except as may be incidental to the grading and preparation of building sites, and the construction of dwellings. Then any such excavation shall only be made with the prior written approval of the Board or its designee.

Section 3.17 No trees, shrubbery, material growth, rocks or native materials may be removed, cut, painted or disturbed from the subdivision or any part thereof, or altered in any way, without the prior written consent of the Board or its designee, unless the same is an immediate and dangerous hazard to any person or property.

Section 3.18 No fences, hedges, walls, exterior clotheslines, or unenclosed garbage receptacles shall be erected or maintained upon the real property or any part thereof, unless prior written approval is obtained from the Board or its designee.

Section 3.19 Each of the provisions herein is for the express purpose of maintaining property values and to preserve the natural scenic beauty of the area, and are intended to be for the express benefit of the declarant, the present and future owners and occupants of the residence lots, and all of their respective successors in interest and mortgage or lien holders. In order to maintain and enforce such provisions, each owner agrees to abide thereby, such provisions being incident and part of the present and future ownership of the residence lots. Any of the said parties may enforce compliance with the provisions in any court of competent jurisdiction by injunctive relief or otherwise; it being understood that a material violation of any provision herein would create irreparable harm and damage to the Declarant and owners and occupants of the other residence lots, and mortgage and lien holders of the other residence lots. The right to enforce the provisions hereof shall insure not only to the Declarant, owners and occupants or the residence lots and residence units, the Association, mortgage or lien holders, but also any appropriate governmental agency.

Section 3.20 The rights and duties of the owners of residence lots and residence units with respect to party walls shall be governed by the following:

(A) Any wall or part thereof which is constructed on the dividing line between residence lots shall constitute a party wall, and with respect to such wall, each of the adjoining owners shall assume the burdens and be entitled to the benefits of these restrictive covenants; and, to the extent not inconsistent herewith, the general rules of law regarding party walls shall be applied thereto.

(B) In the event that any such party wall is damaged or destroyed through the act of adjoining owner, tenant, guest or any of his agents or members of his family (whether or not such act is negligent or otherwise culpable) so as to deprive the full use and enjoyment of such wall, then such owner shall forthwith proceed to repair and/or rebuild such wall to as good a condition as formerly, without cost to the owner the adjoining residence lot.

(C) In the event that any such party wall is damaged or destroyed by some cause other than the act of one of the adjoining owners, his agent, tenant, guest or family member (including ordinary wear and tear, and deterioration from lapse of time), then in such event, both such adjoining owners shall proceed forthwith to rebuild or repair the same to as good a condition as formerly at their joint and equal expense.

(D) In addition to meeting the other requirements of these restrictive covenants and of any building code or similar regulations or ordinance, any owner proposing to modify, make additions or rebuild his residence in any manner which requires the extension or other alteration of any party wall, shall first obtain written consent of the adjoining owner and the Board or its designee.

(E) In the event of a dispute between owners with respect to the repair or rebuilding of a party wall or with respect to sharing of the cost thereof, then upon written request of one of such owners addressed to the Board or its designee, the matter shall be submitted to arbitration under such rules as may from time to time be adopted by such Board. The Board shall convene to hear a dispute between owners with respect to a party wall question. The decision of the Board is final, and shall be binding on the parties.

Section 3.21 The rights and duties of the owners of residence lots and residence units, with respect to common or adjoining walkways, sidewalks, driveways, or paths, shall be governed by the following:

Any walkway, sidewalk, driveway or path which shall be used in common by two or more residence lot owners for the purposes of ingress or egress from their lots, shall be governed by the same rules, rights, obligations and liabilities as are applicable and set forth in Section 3.21 pertaining to party walls.

Section 3.22 The rights and duties of the owners of residence lots and residence units, with respect to sewer, septic systems, water, electricity, gas and telephone lines shall be governed as follows:

(A) Whenever joint sewer connections, septic system connections, electricity, gas or telephone lines are installed in or upon a residence lot, then each owner hereby grants an easement to the appropriate utility or other entity to come upon any residence lot to connect, repair, or maintain such utility, even though it may be for the purpose of benefiting another residence lot.

(B) Each residence lot and residence unit owner benefited by a joint connection or line shall be entitled to full enjoyment and use of such portion which benefits the residence lot served, providing however, that said benefited lot shall be charged its pro rata portion of the cost of said utility; said pro rata of cost is to be paid the entity which installs same.

(C) In the event that any portion of such a connection or line is damaged or destroyed through an act of an owner or the residence lot being served, or any act of his agent, tenant, guest or member of his family (whether or not such act is negligible or otherwise culpable) so as to deprive the residence lots capable of being served by such connection or line to the full use and enjoyment of said connection or line, then such owner causing the destruction or damage shall forthwith proceed to replace or repair the same to as good a condition as formerly, without cost to the other residence lots served thereby.

(D) In the event that any portion of such a connection or line is damaged or destroyed by some cause other than the act of any of the adjoining owners, their agents, tenants, guests or members of their family (including ordinary wear and tear, and deterioration from the lapse of time), then, in such event, all residence lot owners who are deprived of the full use and enjoyment thereof shall proceed forthwith to replace or repair said connection or line to as good a condition as formerly, at their joint and equal expense. In the event of any unrepaired damage or destruction, the Board may repair and assess the benefiting persons under Article 4.10.

(E) In the event of a dispute between owners with respect to the repair of, or rebuilding of, such connection or line, or with respect to the sharing of the cost thereof, then upon written request of one of such owners addressed to the Board, the matter shall be submitted to arbitration under such rules as may from time to time be adopted by such Board. The Board shall convene to hear a dispute at any regular or specially called meeting for the purposes of determining the dispute, and shall resolve any dispute between owners with respect to a utility connection, following the same rules as used for a party wall. The decision of the Board is final, and shall be binding on the parties in the dispute.

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