St. Andrews Protective Covenants
ST. ANDREWS PLACE SUBDIVISION, UNIT 1,
DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,
SERVITUDES AND BUILDING RESTRICTIONS
DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,
SERVITUDES AND BUILDING RESTRICTIONS
BE IT KNOWN that this ____ day of __________, 2010, before me, the
undersigned Notary Public, duly commissioned and qualified, and in the presence of the
undersigned witnesses, personally came and appeared:
WALLACE LAKE DEVELOPMENT, L.L.C., a Louisiana
limited liability company, domiciled in Caddo Parish,
Louisiana, whose mailing address is 400 Travis Street, Suite
1510, Shreveport, Louisiana 71101, herein represented by
and through C. DeWitt Caruthers, its duly authorized
Manager,
who declared that:
(A) It is the owner of certain immovable property in the Parish of Caddo, State
of Louisiana, known as St. Andrews Place Subdivision, Unit 1, which is more particularly
described as follows:
A TRACT OF LAND LOCATED IN SECTION 30, TOWNSHIP 16 NORTH,
RANGE 10 WEST, CADDO PARISH, LOUISIANA, SAID TRACT BEING
MORE FULLY DESCRIBED AS FOLLOWS: FROM A FOUND THREE
INCH DIAMETER IRON PIPE AT THE NORTHWEST CORNER OF SAID
SECTION 30, RUN THENCE SOUTH 89º03'04" EAST ALONG THE NORTH
LINE OF SAID SECTION 30 A DISTANCE OF 2404.09 FEET TO THE EAST
RIGHT OF WAY LINE OF WALLACE LAKE ROAD, THENCE RUN SOUTH
01º04'25" WEST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE
OF 2859.29 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREIN
DESCRIBED.
FROM SAID POINT OF BEGINNING, RUN THENCE SOUTH 89º12'44"
EAST A DISTANCE OF 624.45 FEET, THENCE RUN SOUTH 00º53'49"
WEST A DISTANCE OF 169.29 FEET, THENCE RUN SOUTH 75º44'12"
EAST A DISTANCE OF 204.18 FEET, THENCE RUN SOUTH 36º56'51"
EAST A DISTANCE OF 165.20 FEET, THENCE RUN SOUTH 00º53'49"
WEST A DISTANCE OF 50.00 FEET, THENCE RUN SOUTH 89º07'40" EAST
A DISTANCE OF 150.00 FEET, THENCE RUN SOUTH 00º53'49" WEST A
DISTANCE OF 696.38 FEET, THENCE RUN NORTH 89º06'11" WEST A
DISTANCE OF 1077.82 FEET TO THE EAST RIGHT OF WAY LINE OF
WALLACE LAKE ROAD, THENCE RUN NORTH 01º04'25" EAST ALONG
SAID RIGHT OF WAY LINE A DISTANCE OF 1092.07 FEET TO THE
POINT OF BEGINNING.
SAID TRACT CONTAINING 24.10 ACRES.
(the "Subdivision").
(B) In order to protect and enhance the value and desirability of the quality of
life in the subdivision, it hereby subjects said property to the following protective
covenants, conditions, servitudes and building restrictions, to-wit:
1. STATEMENT OF DECLARATION
All Lots within the Subdivision shall be owned, conveyed, encumbered, occupied,
maintained, altered and/or improved, subject to these terms, conditions, covenants,
restrictions and servitudes.
2. DEFINITIONS
As used herein, the following terms shall be defined as:
2.1 Declaration: This and any other recorded act imposing covenants,
conditions and restrictions, servitudes and/or destinations on the Owners
and all immovable property within the Subdivision as the same may be
amended from time to time by the Declarant and filed of record.
2.2 Declarant or Developer: Wallace Lake Development, L.L.C., its
successors or assigns.
2.3 Subdivision: St. Andrews Place Subdivision, Unit 1, as described above.
2.4 Lot: A parcel of ground suitable for the construction of a single family
residential unit as shown on the latest recorded subdivision plat.
2.5 Common Area: All immovable property, (including but not limited to the
utility and other improvements thereon and servitudes), streets, and rights-
of-way owned, but excluding the Ponds, held or maintained by the
Corporation for the common use and enjoyment of the Owners and
occupants of Lots.
2.6 Owner: The record owner of title to any Lot.
2.7 Corporation: St. Andrews Place Homeowners Association, Inc., a
Louisiana non-profit corporation.
2.8 Board: The Board of Directors of the Corporation.
2.9 Officers: The Officers of the Corporation.
2.10 Committee: The Architectural Control Committee.
2.11 Person: Any natural individual, firm, corporation, limited liability company,
partnership, association, trust or legal entity capable of holding title to
immovable property under Louisiana law.
2.12 Improvement: Any work, including but not limited to, grading, excavation,
tree removal, planting, demolition, construction or building of any nature,
including, but not limited to, residences, greenhouses, garages,
boathouses, docks, storage buildings or sheds, driveways, fences, walls,
landscaping, gardens, satellite receiving or transmitting dishes, and/or
antennas.
2.13 Pond or Ponds: Means and refers to either of the two ponds presently
situated on the Subdivision.
2.14 Pond Lot: A Lot where a portion of either pond is presently situated.
2.15 Pond Lot Owner: An Owner who has a portion of either Pond situated on
their Lot.
3. ARCHITECTURAL CONTROL COMMITTEE6:33 PM 6/26/2010
3.1 There is hereby created an Architectural Control Committee (the
"Committee") which shall regulate the external design, construction,
appearance and location of Improvements on Lots to foster a harmonious
relationship among structures and topography which foster the
attractiveness of the Subdivision, thus protecting the value, desirability
and quality of life within the Subdivision.
3.2 The initial Committee shall be composed of Dewey W. Corley and Witt
Caruthers, who shall serve until the earliest to occur of resignation, death
or replacement by the Developer.
3.3 The Committee shall act by majority vote, except where otherwise
provided herein. The entire Committee or each member thereof may
designate a representative to act for it.
3.4 No Improvements shall be commenced, erected, demolished, or
maintained upon any Lot, nor shall any exterior addition to or change or
alteration therein be made until the plans and specifications showing the
nature, kind, shape, height, materials, color and location of the same shall
have been submitted to, and approved in writing by, the Committee.
3.5 The plans and specifications for any Improvements shall be submitted to
the Committee in duplicate for approval prior to the commencement of any
work. Approval shall be marked upon both sets of plans, one of which
shall be returned to the applicant and the other shall be retained by the
Committee. In the event the Committee fails to approve or disapprove in
writing such plans and specification within thirty (30) days after the
submission of plans and specifications, approval will be deemed granted.
3.6 The Committee shall consider the following design standards in making its
decision as to any work:
3.6.1 Validity of concept: The basic idea of the change must be
sound and appropriate to its surroundings.
3.6.2 Landscape and Environment: The change must not
unnecessarily destroy or blight the landscape or
environment.
3.6.3 Relationship: The proposed Improvements must relate
harmoniously among themselves and to existing buildings
and terrain.
3.6.4 Protection of Neighbors: The interests of neighboring owners
must be protected by making reasonable provisions for such
matters as access, drainage, sound, sight, views, light and
air and other aspects of design which may affect neighboring
property.
3.6.5 Design Compatibility: The proposed change must be
compatible with the design characteristics of the applicable
Lot, adjoining properties, and the subdivision setting as to
scale, materials, color and construction details.
3.6.6 Workmanship: The quality of work must be equal to or better
than that of the surrounding Lots.
3.7 The Committee shall have the right, by unanimous vote, to waive any
covenant, condition, servitude and/or restriction when, and in the event,
the Committee deems such waiver appropriate.
3.8 Many provisions of this Declaration call for or depend upon the exercise of
discretion and judgment on the part of the Committee. In all such
instances, the Committee shall have sole, absolute and final discretion,
unless it is established in appropriate legal proceedings that the
Committee acted in an arbitrary and capricious manner.
tree removal, planting, demolition, construction or building of any nature,
including, but not limited to, residences, greenhouses, garages,
boathouses, docks, storage buildings or sheds, driveways, fences, walls,
landscaping, gardens, satellite receiving or transmitting dishes, and/or
antennas.
2.13 Pond or Ponds: Means and refers to either of the two ponds presently
situated on the Subdivision.
2.14 Pond Lot: A Lot where a portion of either pond is presently situated.
2.15 Pond Lot Owner: An Owner who has a portion of either Pond situated on
their Lot.
3. ARCHITECTURAL CONTROL COMMITTEE6:33 PM 6/26/2010
3.1 There is hereby created an Architectural Control Committee (the
"Committee") which shall regulate the external design, construction,
appearance and location of Improvements on Lots to foster a harmonious
relationship among structures and topography which foster the
attractiveness of the Subdivision, thus protecting the value, desirability
and quality of life within the Subdivision.
3.2 The initial Committee shall be composed of Dewey W. Corley and Witt
Caruthers, who shall serve until the earliest to occur of resignation, death
or replacement by the Developer.
3.3 The Committee shall act by majority vote, except where otherwise
provided herein. The entire Committee or each member thereof may
designate a representative to act for it.
3.4 No Improvements shall be commenced, erected, demolished, or
maintained upon any Lot, nor shall any exterior addition to or change or
alteration therein be made until the plans and specifications showing the
nature, kind, shape, height, materials, color and location of the same shall
have been submitted to, and approved in writing by, the Committee.
3.5 The plans and specifications for any Improvements shall be submitted to
the Committee in duplicate for approval prior to the commencement of any
work. Approval shall be marked upon both sets of plans, one of which
shall be returned to the applicant and the other shall be retained by the
Committee. In the event the Committee fails to approve or disapprove in
writing such plans and specification within thirty (30) days after the
submission of plans and specifications, approval will be deemed granted.
3.6 The Committee shall consider the following design standards in making its
decision as to any work:
3.6.1 Validity of concept: The basic idea of the change must be
sound and appropriate to its surroundings.
3.6.2 Landscape and Environment: The change must not
unnecessarily destroy or blight the landscape or
environment.
3.6.3 Relationship: The proposed Improvements must relate
harmoniously among themselves and to existing buildings
and terrain.
3.6.4 Protection of Neighbors: The interests of neighboring owners
must be protected by making reasonable provisions for such
matters as access, drainage, sound, sight, views, light and
air and other aspects of design which may affect neighboring
property.
3.6.5 Design Compatibility: The proposed change must be
compatible with the design characteristics of the applicable
Lot, adjoining properties, and the subdivision setting as to
scale, materials, color and construction details.
3.6.6 Workmanship: The quality of work must be equal to or better
than that of the surrounding Lots.
3.7 The Committee shall have the right, by unanimous vote, to waive any
covenant, condition, servitude and/or restriction when, and in the event,
the Committee deems such waiver appropriate.
3.8 Many provisions of this Declaration call for or depend upon the exercise of
discretion and judgment on the part of the Committee. In all such
instances, the Committee shall have sole, absolute and final discretion,
unless it is established in appropriate legal proceedings that the
Committee acted in an arbitrary and capricious manner.
4. USE RESTRICTIONS
4.1 No Lot shall be used except for single family residential purposes.
4.2 No Improvements shall be erected, altered, placed, built or permitted to
remain on any Lot other than one detached single family dwelling, a
garage or carport, and outbuildings customarily appurtenant to single
family residential dwellings.
4.3 All Improvements, except a greenhouse, shall correspond in style and
architecture to the residence to which it is appurtenant.
4.4 No garage apartment shall be erected on any Lot.
4.5 Construction of new buildings only shall be permitted. No one can move
any existing building or prefabricated housing onto a Lot. No prefabricated
building or building made primarily of metal or vinyl sheeting may be
constructed except as specifically approved in writing by the Committee.
All outbuildings must be in architectural harmony with the residence to
which it is appurtenant.
4.6 Construction of an Improvement on any Lot once initiated, must be
diligently pursued and completed within a reasonable time.
4.7 Each single family residence shall contain at least 3,500 square feet of
total area under roof and the livable heated area shall not be less than
3,000 square feet.
4.8 A garage or carport capable of housing at least three automobiles must be
provided on each Lot. No garage or carport may be open toward or face
the street upon which the front of the house faces. Any garage or carport
must have a garage door.
4.9 Any garage or carport which faces either a side street or is visible from the
front must have a remote operated mechanical garage door.
4.10 No building shall be located on any Lot nearer than fifty (50) feet to the
front Lot line, or nearer than fifteen (15) feet to any side street line, rear lot
line, or any interior Lot line. For the purposes of this covenant, eaves,
steps and open porches shall not be considered as part of a building;
however, this shall not be construed to permit any portion of a building to
encroach upon another Lot. In case of conflict between the setback lines
on the recorded plat and these covenants, the greater setback is to
prevail. In the event that any Person buys contiguous Lots, a building may
be built nearer to what was formerly an interior Lot line, provided,
however, no building can be constructed on any Lot smaller than as
shown on the recorded plat.
4.11 No Lot may be resubdivided without the unanimous consent of the
Committee.
4.12 Minimum roof pitch for any building shall be 8:12.
4.13 Shingles shall be architectural grade and shall be a shade of black or
gray. Slate and tile may be approved by the Committee on a case-by-
case basis.
4.14 Easements for installation and maintenance of utilities, drainage and
passage are reserved as shown on the recorded plats.
4.15 There shall be no interference with the established drainage pattern over
any property within the subdivision except as approved in writing by the
Committee. Approval shall not be granted unless provision is made for
adequate alternate drainage. The "established drainage pattern" shall
mean the drainage pattern that exists at the time the overall grading of any
property is completed and shall include any established drainage pattern
shown on any plans approved by the Committee.
4.16 No animals, livestock, poultry of any kind shall be raised, bred or kept on
any Lot. Dogs, cats or any other household pets may be kept provided
they are not kept, bred or maintained for any commercial purpose.
4.17 No mineral drilling, mineral development operations, oil refining, quarrying
or mining operations of any kind shall be permitted upon any Lot. Oil wells,
tanks, tunnels, mineral excavations or shafts shall not be permitted upon
or on any Lot. No derrick or other structure designed or used in boring for
oil or natural gas shall be erected or maintained or permitted upon any
Lot.
4.18 At any time prior to the commencement of construction of Improvements
on a Lot and at all times following the completion of construction of such
Improvements, no refuse, garbage, trash, lumber, grass, shrub or tree
clippings, plant waste, compost, metal, bulk materials, scrap, refuse or
debris of any kind shall be kept, stored or allowed to accumulate on any
Lot except within an enclosed structure or appropriately screened from
view, except that any such container (approved by the Corporation) may
be placed in a designated area for garbage or trash pickup no earlier than
6 p.m. on the day preceding trash pickup of such garbage and trash, and
shall be returned to an enclosed structure or an area appropriately
screened from view no later than 12:01 p.m. on the day following the
pickup of such garbage and trash.
4.19 No noxious, obnoxious or offensive activity shall be carried on upon any
Lot, nor shall anything be done thereon which may be or may become a
nuisance to or cause an unreasonable embarrassment, disturbance or
annoyance to others. No unsightly condition shall be created on any Lot or
permitted to remain thereon.
4.20 No activity shall be conducted on and no Improvements shall be
constructed on any property which is or might be unsafe or hazardous to
any person or property. Without limiting the generality of the foregoing, no
firearms shall be discharged upon any property and no open fires shall be
lighted or permitted on any property except in a contained barbecue unit
while attended and in use for cooking purposes or within a safe and well-
designed interior or exterior fireplace or unless otherwise approved in
writing by the Corporation. The fact that the Corporation approves the
lighting of open fires on any property on any given occasion shall not
require the Corporation to thereafter approve similar lighting of fires on
such property or any other property at any later date.
4.1 No Lot shall be used except for single family residential purposes.
4.2 No Improvements shall be erected, altered, placed, built or permitted to
remain on any Lot other than one detached single family dwelling, a
garage or carport, and outbuildings customarily appurtenant to single
family residential dwellings.
4.3 All Improvements, except a greenhouse, shall correspond in style and
architecture to the residence to which it is appurtenant.
4.4 No garage apartment shall be erected on any Lot.
4.5 Construction of new buildings only shall be permitted. No one can move
any existing building or prefabricated housing onto a Lot. No prefabricated
building or building made primarily of metal or vinyl sheeting may be
constructed except as specifically approved in writing by the Committee.
All outbuildings must be in architectural harmony with the residence to
which it is appurtenant.
4.6 Construction of an Improvement on any Lot once initiated, must be
diligently pursued and completed within a reasonable time.
4.7 Each single family residence shall contain at least 3,500 square feet of
total area under roof and the livable heated area shall not be less than
3,000 square feet.
4.8 A garage or carport capable of housing at least three automobiles must be
provided on each Lot. No garage or carport may be open toward or face
the street upon which the front of the house faces. Any garage or carport
must have a garage door.
4.9 Any garage or carport which faces either a side street or is visible from the
front must have a remote operated mechanical garage door.
4.10 No building shall be located on any Lot nearer than fifty (50) feet to the
front Lot line, or nearer than fifteen (15) feet to any side street line, rear lot
line, or any interior Lot line. For the purposes of this covenant, eaves,
steps and open porches shall not be considered as part of a building;
however, this shall not be construed to permit any portion of a building to
encroach upon another Lot. In case of conflict between the setback lines
on the recorded plat and these covenants, the greater setback is to
prevail. In the event that any Person buys contiguous Lots, a building may
be built nearer to what was formerly an interior Lot line, provided,
however, no building can be constructed on any Lot smaller than as
shown on the recorded plat.
4.11 No Lot may be resubdivided without the unanimous consent of the
Committee.
4.12 Minimum roof pitch for any building shall be 8:12.
4.13 Shingles shall be architectural grade and shall be a shade of black or
gray. Slate and tile may be approved by the Committee on a case-by-
case basis.
4.14 Easements for installation and maintenance of utilities, drainage and
passage are reserved as shown on the recorded plats.
4.15 There shall be no interference with the established drainage pattern over
any property within the subdivision except as approved in writing by the
Committee. Approval shall not be granted unless provision is made for
adequate alternate drainage. The "established drainage pattern" shall
mean the drainage pattern that exists at the time the overall grading of any
property is completed and shall include any established drainage pattern
shown on any plans approved by the Committee.
4.16 No animals, livestock, poultry of any kind shall be raised, bred or kept on
any Lot. Dogs, cats or any other household pets may be kept provided
they are not kept, bred or maintained for any commercial purpose.
4.17 No mineral drilling, mineral development operations, oil refining, quarrying
or mining operations of any kind shall be permitted upon any Lot. Oil wells,
tanks, tunnels, mineral excavations or shafts shall not be permitted upon
or on any Lot. No derrick or other structure designed or used in boring for
oil or natural gas shall be erected or maintained or permitted upon any
Lot.
4.18 At any time prior to the commencement of construction of Improvements
on a Lot and at all times following the completion of construction of such
Improvements, no refuse, garbage, trash, lumber, grass, shrub or tree
clippings, plant waste, compost, metal, bulk materials, scrap, refuse or
debris of any kind shall be kept, stored or allowed to accumulate on any
Lot except within an enclosed structure or appropriately screened from
view, except that any such container (approved by the Corporation) may
be placed in a designated area for garbage or trash pickup no earlier than
6 p.m. on the day preceding trash pickup of such garbage and trash, and
shall be returned to an enclosed structure or an area appropriately
screened from view no later than 12:01 p.m. on the day following the
pickup of such garbage and trash.
4.19 No noxious, obnoxious or offensive activity shall be carried on upon any
Lot, nor shall anything be done thereon which may be or may become a
nuisance to or cause an unreasonable embarrassment, disturbance or
annoyance to others. No unsightly condition shall be created on any Lot or
permitted to remain thereon.
4.20 No activity shall be conducted on and no Improvements shall be
constructed on any property which is or might be unsafe or hazardous to
any person or property. Without limiting the generality of the foregoing, no
firearms shall be discharged upon any property and no open fires shall be
lighted or permitted on any property except in a contained barbecue unit
while attended and in use for cooking purposes or within a safe and well-
designed interior or exterior fireplace or unless otherwise approved in
writing by the Corporation. The fact that the Corporation approves the
lighting of open fires on any property on any given occasion shall not
require the Corporation to thereafter approve similar lighting of fires on
such property or any other property at any later date.
4.21 Each Owner shall keep the Owner's Lot and the Improvements thereon in
a neat, clean and sanitary condition. No unsightliness shall be permitted
on any Lot which is visible from any other Lot or other land within the
Subdivision. Without limiting the generality of the foregoing, all unsightly
conditions, structures, facilities, equipment, objects and conditions shall be
enclosed within a structure including garden or maintenance equipment
except when in actual use.
4.22 No vehicle that normally transport inflammatory or explosive cargo may be
kept in the Subdivision at any time.
4.23 Trucks with tonnage in excess of three-fourths (3/4) ton, school buses,
and other large vehicles shall not be permitted to park overnight within the
Subdivision.
4.24 No boats, trailers, buses, all-terrain vehicles and/or recreational vehicles
shall be parked in front of any house, except on a temporary basis.
4.25 No sign, poster, billboard, advertising device or display of any kind shall
be displayed to the public view on any Lot, except one sign of no more
than five (5) square feet advertising the property for sale. Signs of a larger
size may be erected by the Declarant.
4.26 No sound or odor shall be emitted from any property which is noxious or
unreasonably offensive to others. Without limiting the generality of the
foregoing, no horns, whistles, bells or other sound and fire devices, other
than security and fire devices used exclusively for security and fire
purposes and intercoms, shall be located or used on any property except
with the prior written approval of the Committee. Exterior speakers may be
located, used or placed on a Lot provided that the use of such exterior
speaker does not constitute a nuisance or annoyance.
4.27 No tent, shack, temporary structure or temporary building shall be placed
upon any property within the Subdivision except with the prior written
consent of the Committee obtained in each instance.
4.28 Pipes for water, gas, sewer, drainage or other purposes and wires, poles,
antennae and other facilities for the transmission or reception of audio or
visual signals or electricity, and utility meters or other utility facilities shall
be kept and maintained, to the extent reasonably possible, underground or
within an enclosed structure. No exterior radio antennae, television
antennae, or other antennae of any type shall be erected or maintained in
the Subdivision.
4.29 Exterior lighting on poles is generally prohibited, except for such street
lighting as Developer and the Committee may jointly approve.
4.30 Wood windows or windows of a similar appearance or design as approved
by the Committee shall be required on the front view and the side view of
any dwelling.
4.31 The use of stucco board or similar simulated stucco products is prohibited.
The use of vinyl or metal siding is prohibited on any residence.
4.32 No fence or wall shall be erected, placed, altered or permitted nearer to
any street than the front of the house unless approved by the Committee.
Any fence erected on any Lot shall be of brick, cedar wood, wrought iron
and/or redwood, or such other materials as may be approved in writing by
the Committee. No fence shall be of cyclone, barbed wire, hog wire or
mesh materials. No fence shall be more than seven (7) feet in height from
ground level.
4.33 Pond Restrictions.
4.33.1 Only Pond Lot Owners are entitled to use the Ponds within
the Subdivision; however, Pond Lot Owners are only entitled
to use the Pond which fronts or adjoins a portion of said
Owners Lot.
4.33.2 Any Owner of a Lot which does not front or adjoin any
portion of either Pond in the Subdivision has no right to
access or use any portion of either Pond within the
Subdivision.
4.33.3 All Pond Lot Owners are governed by the Creation of
Servitudes by Destination of the Owner and Declaration of
Pond Restrictions ("Servitude Agreement") which is recorded
in the Conveyance Records of Caddo Parish, Louisiana.
4.33.4 Until all Ponds Lots, with respect to each specific Pond,
specifically Lots 1, 2 & 3 on Pond A and Lots 4, 5 & 6 on
Pond B, are sold by Developer, the Developer shall retain
control of each Pond, dam and related structures and shall
be responsible to maintain the same.
4.33.5 Until all Pond Lots, with respect to each specific Pond, are
sold, each Pond Lot Owner shall be responsible to
reimburse the Developer for one-third (1/3) the costs and
expenses of any required maintenance or repair with respect
to the Pond, dam or related structures performed on the
respective Pond, by the Developer within thirty (30) days of
presentment of statement which shall be payable with ten
percent (10%) interest per annum after presentment of
statement.
4.33.6 Upon the sale of all Pond Lots, with respect to each specific
Pond, all maintenance and repair to said Ponds shall be
performed by the Pond Lot Owners whose Pond needs
maintenance or repair in accordance with the Servitude
Agreement.
4.33.7 All Pond Lot Owners are automatically governed and subject
to said Servitude Agreement in accordance with the laws of
Louisiana.
a neat, clean and sanitary condition. No unsightliness shall be permitted
on any Lot which is visible from any other Lot or other land within the
Subdivision. Without limiting the generality of the foregoing, all unsightly
conditions, structures, facilities, equipment, objects and conditions shall be
enclosed within a structure including garden or maintenance equipment
except when in actual use.
4.22 No vehicle that normally transport inflammatory or explosive cargo may be
kept in the Subdivision at any time.
4.23 Trucks with tonnage in excess of three-fourths (3/4) ton, school buses,
and other large vehicles shall not be permitted to park overnight within the
Subdivision.
4.24 No boats, trailers, buses, all-terrain vehicles and/or recreational vehicles
shall be parked in front of any house, except on a temporary basis.
4.25 No sign, poster, billboard, advertising device or display of any kind shall
be displayed to the public view on any Lot, except one sign of no more
than five (5) square feet advertising the property for sale. Signs of a larger
size may be erected by the Declarant.
4.26 No sound or odor shall be emitted from any property which is noxious or
unreasonably offensive to others. Without limiting the generality of the
foregoing, no horns, whistles, bells or other sound and fire devices, other
than security and fire devices used exclusively for security and fire
purposes and intercoms, shall be located or used on any property except
with the prior written approval of the Committee. Exterior speakers may be
located, used or placed on a Lot provided that the use of such exterior
speaker does not constitute a nuisance or annoyance.
4.27 No tent, shack, temporary structure or temporary building shall be placed
upon any property within the Subdivision except with the prior written
consent of the Committee obtained in each instance.
4.28 Pipes for water, gas, sewer, drainage or other purposes and wires, poles,
antennae and other facilities for the transmission or reception of audio or
visual signals or electricity, and utility meters or other utility facilities shall
be kept and maintained, to the extent reasonably possible, underground or
within an enclosed structure. No exterior radio antennae, television
antennae, or other antennae of any type shall be erected or maintained in
the Subdivision.
4.29 Exterior lighting on poles is generally prohibited, except for such street
lighting as Developer and the Committee may jointly approve.
4.30 Wood windows or windows of a similar appearance or design as approved
by the Committee shall be required on the front view and the side view of
any dwelling.
4.31 The use of stucco board or similar simulated stucco products is prohibited.
The use of vinyl or metal siding is prohibited on any residence.
4.32 No fence or wall shall be erected, placed, altered or permitted nearer to
any street than the front of the house unless approved by the Committee.
Any fence erected on any Lot shall be of brick, cedar wood, wrought iron
and/or redwood, or such other materials as may be approved in writing by
the Committee. No fence shall be of cyclone, barbed wire, hog wire or
mesh materials. No fence shall be more than seven (7) feet in height from
ground level.
4.33 Pond Restrictions.
4.33.1 Only Pond Lot Owners are entitled to use the Ponds within
the Subdivision; however, Pond Lot Owners are only entitled
to use the Pond which fronts or adjoins a portion of said
Owners Lot.
4.33.2 Any Owner of a Lot which does not front or adjoin any
portion of either Pond in the Subdivision has no right to
access or use any portion of either Pond within the
Subdivision.
4.33.3 All Pond Lot Owners are governed by the Creation of
Servitudes by Destination of the Owner and Declaration of
Pond Restrictions ("Servitude Agreement") which is recorded
in the Conveyance Records of Caddo Parish, Louisiana.
4.33.4 Until all Ponds Lots, with respect to each specific Pond,
specifically Lots 1, 2 & 3 on Pond A and Lots 4, 5 & 6 on
Pond B, are sold by Developer, the Developer shall retain
control of each Pond, dam and related structures and shall
be responsible to maintain the same.
4.33.5 Until all Pond Lots, with respect to each specific Pond, are
sold, each Pond Lot Owner shall be responsible to
reimburse the Developer for one-third (1/3) the costs and
expenses of any required maintenance or repair with respect
to the Pond, dam or related structures performed on the
respective Pond, by the Developer within thirty (30) days of
presentment of statement which shall be payable with ten
percent (10%) interest per annum after presentment of
statement.
4.33.6 Upon the sale of all Pond Lots, with respect to each specific
Pond, all maintenance and repair to said Ponds shall be
performed by the Pond Lot Owners whose Pond needs
maintenance or repair in accordance with the Servitude
Agreement.
4.33.7 All Pond Lot Owners are automatically governed and subject
to said Servitude Agreement in accordance with the laws of
Louisiana.
5. HOMEOWNER ASSOCIATION
Developer places all Lots under the jurisdiction, terms and conditions of
the Corporation, which appointment has been accepted by the
Corporation as per resolution attached hereto. Therefore:
5.1 Owners of Lots will automatically be members of the Corporation. Each
and every provision of the Articles of Incorporation and Bylaws of the
Corporation are incorporated herein by reference as if same were copied
verbatim. Included in said articles of incorporation and/or by-laws is the
power of the Board to levy community service assessments against each
Lot owned by someone other than Developer in order to:
5.1.1 Promote the recreation, health, safety and welfare of the Owners;
5.1.2 Improve and maintain property, including Common Area, and/or
Improvements thereon used by or for the benefit of the Corporation
or its members; and
5.1.3 Fulfill any lawful purpose.
5.2 The initial community assessment shall be five hundred dollars ($500.00)
payable annually in advance.
5.3 An Owner shall be bound and obligated to pay the community service
assessments on or before the due date. In the event the community
service assessments are not timely paid, then the Owner shall be liable for
all costs associated with the collection thereof, including reasonable
attorney fees and legal interest from the date due.
5.4 Non-use by an Owner or abandonment shall not relieve such Lot or Owner
from liability for payment of community service assessments.
5.5 Each Owner shall have a right of enjoyment in and to the Common Area
which shall be appurtenant to and shall pass with the title to every Lot,
subject to:
5.5.1 The rights of the Corporation to:
(a) Suspend the voting rights and/or right to use the Common
Area by an Owner for either:
(i) Failure to timely pay community service assessments;
or
(ii) Failure to abide by the covenants, charter, by-laws or
other published rules and/or regulations governing the
use of the Common Area.
(b) Dedicate or transfer all or any part of the Common Area to
any public agency, authority or utility.
5.5.2 The terms and conditions of the Articles of Incorporation and By-
laws of the Corporation.
6. ENFORCEMENT
The Developer, the Corporation and any Owner shall have the right to enforce,
by any proceeding at law or in equity, the restrictions, conditions and covenants now or
hereafter imposed (except as properly waived as provided herein) by the provisions of
the Declaration. Failure to enforce any covenant or restriction herein contained shall in
no event be deemed a waiver of the right to do so thereafter.
7. ANNEXATION
Each Owner, by acceptance of a deed or conveyance instrument, agrees that the
Corporation by and through the Board, has the power to represent all Owners within
the Subdivision with respect to annexation into the City of Shreveport, Louisiana, and
execute any instruments in connection with such annexation. Each Owner hereby
expressly waives such Owner's right to oppose such annexation if approved by the Board.
8. MISCELLANEOUS
8.1 Invalidation of any of the provisions of this Declaration shall not affect any
other provisions hereof, which shall remain in full force and effect.
8.2 The provisions of this Declaration shall constitute covenants running with
the land, and shall be binding upon all future Owners, transferees and
lessees thereof, and their successors and assigns.
8.3 To the extent permitted by law, this Declaration may be amended or
terminated within twenty-five (25) years of the date of this Declaration by a
lawful act signed by Owners, owning no less than fifty-one (51%) percent
of the total Lots and, thereafter, by a lawful act signed by Owners holding
no less than fifty-one (51%) percent of the total Lots. Any amendment or
abrogation shall be filed in the Conveyance Records of Caddo Parish,
Louisiana.
8.4 Notwithstanding anything to the contrary contained herein, paragraphs
number 3.1-3.8 and 4.1-4.11 may not be amended or terminated without
the unanimous written approval of the Committee.
8.5 Wherever in this Declaration the context so requires, the singular number
shall include the plural, and the converse; and the use of any gender shall
be deemed to include all genders.
8.6 The headings in this Declaration are for reference purposes only and shall
not in any way affect the meaning or interpretation hereof.
THUS DONE AND PASSED in my office at Shreveport, Louisiana, on the
day, month and year hereinabove first written in the presence of the undersigned
competent witnesses who have hereunto affixed their signatures with the said Appearer
and me, notary, after reading of the whole.
WITNESSES:
WALLACE LAKE DEVELOPMENT, L.L.C.
______________________________
By: ________________________________
______________________________ C. DeWitt Caruthers, Manager
______________________________________
NOTARY PUBLIC in and for
Caddo Parish, Louisiana.
Developer places all Lots under the jurisdiction, terms and conditions of
the Corporation, which appointment has been accepted by the
Corporation as per resolution attached hereto. Therefore:
5.1 Owners of Lots will automatically be members of the Corporation. Each
and every provision of the Articles of Incorporation and Bylaws of the
Corporation are incorporated herein by reference as if same were copied
verbatim. Included in said articles of incorporation and/or by-laws is the
power of the Board to levy community service assessments against each
Lot owned by someone other than Developer in order to:
5.1.1 Promote the recreation, health, safety and welfare of the Owners;
5.1.2 Improve and maintain property, including Common Area, and/or
Improvements thereon used by or for the benefit of the Corporation
or its members; and
5.1.3 Fulfill any lawful purpose.
5.2 The initial community assessment shall be five hundred dollars ($500.00)
payable annually in advance.
5.3 An Owner shall be bound and obligated to pay the community service
assessments on or before the due date. In the event the community
service assessments are not timely paid, then the Owner shall be liable for
all costs associated with the collection thereof, including reasonable
attorney fees and legal interest from the date due.
5.4 Non-use by an Owner or abandonment shall not relieve such Lot or Owner
from liability for payment of community service assessments.
5.5 Each Owner shall have a right of enjoyment in and to the Common Area
which shall be appurtenant to and shall pass with the title to every Lot,
subject to:
5.5.1 The rights of the Corporation to:
(a) Suspend the voting rights and/or right to use the Common
Area by an Owner for either:
(i) Failure to timely pay community service assessments;
or
(ii) Failure to abide by the covenants, charter, by-laws or
other published rules and/or regulations governing the
use of the Common Area.
(b) Dedicate or transfer all or any part of the Common Area to
any public agency, authority or utility.
5.5.2 The terms and conditions of the Articles of Incorporation and By-
laws of the Corporation.
6. ENFORCEMENT
The Developer, the Corporation and any Owner shall have the right to enforce,
by any proceeding at law or in equity, the restrictions, conditions and covenants now or
hereafter imposed (except as properly waived as provided herein) by the provisions of
the Declaration. Failure to enforce any covenant or restriction herein contained shall in
no event be deemed a waiver of the right to do so thereafter.
7. ANNEXATION
Each Owner, by acceptance of a deed or conveyance instrument, agrees that the
Corporation by and through the Board, has the power to represent all Owners within
the Subdivision with respect to annexation into the City of Shreveport, Louisiana, and
execute any instruments in connection with such annexation. Each Owner hereby
expressly waives such Owner's right to oppose such annexation if approved by the Board.
8. MISCELLANEOUS
8.1 Invalidation of any of the provisions of this Declaration shall not affect any
other provisions hereof, which shall remain in full force and effect.
8.2 The provisions of this Declaration shall constitute covenants running with
the land, and shall be binding upon all future Owners, transferees and
lessees thereof, and their successors and assigns.
8.3 To the extent permitted by law, this Declaration may be amended or
terminated within twenty-five (25) years of the date of this Declaration by a
lawful act signed by Owners, owning no less than fifty-one (51%) percent
of the total Lots and, thereafter, by a lawful act signed by Owners holding
no less than fifty-one (51%) percent of the total Lots. Any amendment or
abrogation shall be filed in the Conveyance Records of Caddo Parish,
Louisiana.
8.4 Notwithstanding anything to the contrary contained herein, paragraphs
number 3.1-3.8 and 4.1-4.11 may not be amended or terminated without
the unanimous written approval of the Committee.
8.5 Wherever in this Declaration the context so requires, the singular number
shall include the plural, and the converse; and the use of any gender shall
be deemed to include all genders.
8.6 The headings in this Declaration are for reference purposes only and shall
not in any way affect the meaning or interpretation hereof.
THUS DONE AND PASSED in my office at Shreveport, Louisiana, on the
day, month and year hereinabove first written in the presence of the undersigned
competent witnesses who have hereunto affixed their signatures with the said Appearer
and me, notary, after reading of the whole.
WITNESSES:
WALLACE LAKE DEVELOPMENT, L.L.C.
______________________________
By: ________________________________
______________________________ C. DeWitt Caruthers, Manager
______________________________________
NOTARY PUBLIC in and for
Caddo Parish, Louisiana.