DECLARATION OF RESTRICTIONS AND COVENANTS FOR SPRING MEADOWS SUBDIVISION
THIS DECLARATION made this___ day of___ by the Spring Meadows Homeowners Association, Inc, being all the owners of the properties hereinafter described.
I
DEFINITIONS
Section 1. The following words when used in this Declaration (unless the context shall prohibit) shall have the following meaning:
a. “The properties” shall mean and refer to property within the Spring Meadows Subdivision, a subdivision in Taney County, Missouri, as shown on the plat thereof recorded April 22.1993, at C-595 of the records of the recorder of deeds of Taney County, Missouri, and any additional properties as may become subject to this Declaration, more particularly described in Exhibit A attached hereto and incorporated by this reference.
b. “Association” shall mean and refer to the Spring Meadows Homeowners Association, Inc., its successors and assigns
c. “Lot” shall mean and refer to any numbered plat or tract of land shown upon any recorded plat of the properties described in Exhibit A.
d. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot situated upon the properties but, not withstanding any applicable theory of mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure. Owner shall also mean any purchaser in possession under a contract for deed.
II
PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONS THERTO
Section 1. “Existing Property”: The real property which is, and shall be, held, conveyed, transferred and sold subject to the conditions, restrictions, covenants, reservations, easements, liens and charges in this Declaration is located in Taney County, Missouri, and is more particularly described as follows: (See Exhibit A). All of which real property shall hereinafter be referred to as the “existing property”
Section 2. “Addition to Existing Property”: Additional land may by proper declaration duly recorded become subject to and be bound by the terms of this Declaration and any future modifications thereof.
III
USE RESTRICTIONS
The following minimum design standards, covenants and restrictions shall apply to all lots and dwellings, constructed on the properties in the Spring Meadows Subdivision (See Exhibit A).
Section 1. The properties shall be used, improved and devoted exclusively to single family residential use, and improvements shall meet the following minimum requirements:
a. Dwellings shall have a minimum of 1,000 square feet of finished area and 200 square feet of garage (no carports).
b. Minimum roof pitch 4 and 12.
c. Driveway minimum 12′ by 25*, concrete.
d. Drive approaches – concrete, asphalt.
Elevations, in sufficient detail, shall be submitted to the Association (through the Association Board of Directors) for approval prior to commencing construction.
Section 2. In computing the square footage of the finished area, it shall be figured exclusive of basement, open porches, closed porches and garages.
Section 3. No dwelling, building, sidewalk, fence or wall shall be erected, placed or altered on any lot without the express consent of the Association as to quality of workmanship and materials, harmony of exterior design with existing structures, and as to location with respect to building setback lines, topography and finished grade elevations. All lots shall be grass seeded or sodded.
Section 4. No dwelling, including porches, porticoes, garages, paved terraces or any other building or fences, shall be erected closer to any street or right-of-way line than the building setback line as shown on the recorded plat of the aforesaid subdivision.
Section 5. No building, garage, tool shed, dog house, fence, wall or other structure shall be constructed without the consent of the Association. Plans must be submitted to the Association Board of Directors and approved in writing before building commences.
Section 6. No existing house or any other building shall be moved and placed upon any lot.
Section 7. No structure of a temporary nature, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on the property at any time as a residence, either temporary or permanent, except that a building for storage of lumber or materials may be built and used for such as long as they are needed for the construction period
of the residence, but in no event after occupancy. This prohibition shall not apply to temporary facilities employed by
the contractor during residential construction thereon.
Section 8. No noxious or offensive trade or activity shall be carried on in any lot, nor shall anything be done
thereon which may be or become an unreasonable annoyance or nuisance to the neighbors. No activity shall be
conducted upon any lot which is or might be unsafe to any person or other lot or improvement.
Section 9. Easements for installation and maintenance of drainage facilities are reserved as shown on the
recorded plats of the Spring Meadows Subdivision. A perpetual easement is hereby expressly reserved along front, side
and rear lot lines, 5 feet in width for the purpose of utilities and the provision of related services to the properties.
Section 10. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs,
cats or other domestic household pets may be kept, provided they are not kept, bred or maintained for any commercial
purpose. All dogs must be chained, fenced in or kept inside the house with no more than two on any one lot. Provided
further, such pets must be kept so as not to become a nuisance or endanger the property or persons in the subdivision,
or violate any other provision of this Declaration.
Section 11. No truck larger than a standard size pickup truck shall be permitted to remain on any lot longer than the necessary time required for the loading and unloading of its cargo. No inoperable vehicle shall be parked in the subdivision at any time, except within an enclosed, approved garage.
Section 12. All front yards and driveways must be kept free of debris and junk except for trash pickup day.
Section 13. All firewood shall remain in the back of each home or inside the garage.
Section 14. The lawns, yards, shrubbery and trees of all lots in this subdivision shall be maintained in a neat and clean condition with the lawn grass being properly mowed and trees and shrubbery properly trimmed at all times. No lot owner shall allow lawn grass to grow higher than 8 inches in height. If this provision is violated, the Association may cut the grass and the cost of cutting said grass shall become a lien on said property.
Section 15. There shall be no incinerators, barrels, trash, litter or debris kept on any lot at any time.
Section 16. No commercial radio towers or antennas, either for receiving or transmitting, shall be erected on any lot or on the exterior of any house located thereon. A television dish or television antenna which does not exceed six feet in height above the ridge of the house on which it is erected is permitted.
Section 17. Recreational vehicles, travel trailers, campers, motor homes, motor coaches, boats and /or boat trailers and other trailers may be parked only in rear yards (not in front) and then only within an approved privacy fence of wood or comparable construction, which is commercially constructed and installed, so as to prevent visibility from the street and side yards. No off road vehicles such as ATVs, dirt bikes, mini bikes, dune buggies, etc., shall be operated on public streets within Spring Meadows Subdivision.
Section 18. There shall be no berm homes, mobile homes, modular homes or manufactured homes as such
terms are commonly used, placed, moved or constructed on the properties.
Section 19. No lot shall be subdivided or separated into smaller lots or parcels.
Section 20. No sign of any kind shall be displayed to public view on any lot, except for signs not more than six (6) square feet each advertising the lot for sale or rent.
Section 21. No improvement upon any lot shall be permitted to fall into disrepair, and each shall be maintained in good condition and repair, painted or otherwise finished.