turtle creek estates

Turtle Creek Estates
Common Interest Community No. 13
City of Austin, Mower County, Minnesota

Section 7:  Restrictions On Use Of Property

 

All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to any other restrictions which may be imposed by the Act or the Governing Documents, the occupancy, use, operation, alienation and conveyance of the Property shall be subject to the following restrictions:

1. General. The Property shall be owned, conveyed, encumbered, leased, used and occupied subject to the Governing Documents and the Act, as amended from time to time. All covenants, restrictions and obligations set forth in the Governing Documents are in furtherance of a plan for the Property, and shall run with the Property and be a burden and benefit to all Owners and Occupants and to any other Person acquiring or owning an interest in the Property, their heirs, personal representatives, successors and assigns.
2. Subdivision Prohibited. Except as permitted by the Act, no Unit nor any part of the Common Elements may be subdivided or partitioned without the prior written approval of all Owners and all secured parties holding first mortgages on the Units.
3. Residential Use. The Units shall be used by Owners and Occupants and their guests exclusively as private, residential dwellings, and not for transient, hotel, commercial, business or other non residential purposes, except as provided in Section 7.4. Any lease of a Unit (except for occupancy by guests with the consent of the Owner) for a period of less than 7 days, or any occupancy which includes any services customarily furnished to hotel guests, shall be presumed to be for transient purposes.
4. Business Use Restricted. No business, trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Unit or the Common Elements; except (i) an Owner or Occupant residing in a Unit may keep and maintain his or her business or professional records in such Unit and handle matters relating to such business by telephone or correspondence therefrom, provided that such uses are incidental to the residential use, do not involve physical alteration of the Unit and do not involve any observable business activity such as signs, advertising displays, bulk mailings, deliveries, or visitation or use of the Unit by customers or employees and (ii) the Association may maintain offices on the Property for management and related purposes.
5. Leasing. Leasing of Units shall be allowed, subject to reasonable regulation by the Association, and subject to the following conditions: (i) that no Unit shall be leased for transient or hotel purposes, (ii) that all leases shall be in writing, and (iii) that all leases shall provide that they are subordinate and subject to the provisions of the Governing Documents, the Rules and Regulations and the Act, and (iv) that any failure of the lessee to comply with the terms of such documents shall be a default under the lease. The Association may impose such reasonable Rules and Regulations as may be necessary to implement procedures for the leasing of Units, consistent with this Section.
6. Quiet Enjoyment; Interference Prohibited. All Owners and Occupants and their guests shall have a right of quiet enjoyment in their respective Units, and shall use the Property in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or impede the use of the Property by other Owners and Occupants and their guests.
7. Compliance with Law. No use shall be made of the Property which would violate any then existing municipal codes or ordinances, or state or federal laws, nor shall any act or use be permitted which could cause waste to the Property, cause a material increase in insurance rates on the Property, or otherwise cause any unusual liability, health or safety risk, or expense, for the Association or any Owner or Occupant.
8. Time Shares Prohibited. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods, is prohibited.
9. Standards. All uses of the Lots shall, at a minimum, comply with the zoning and other applicable ordinances and regulations of the City and State. The standards herein contained shall be considered as requirements in addition to said zoning and other applicable ordinances and regulations. If a conflict arises between the standards herein contained and the City and State ordinances and regulations, the stricter standards shall be imposed.
10. Architectural Controls. See Section 8 hereof regarding all construction of homes, structures and improvements and all remodeling of and additions or revisions to exteriors of buildings.
11. Homes, Structures and Repairs. All homes shall be designed to be sensitive to and compatible with the surrounding homes with respect to architectural style, materials, colors, textures, building conditioning, utility meter and chimney locations. All homes shall be designed to present attractive facades on all four (4) sides of the building. The design features on each facade should incorporate features that have been utilized throughout the building to reflect an integrated design. No informational signs are allowed without the review and approval of the Association, except that one Afor sale@ sign may be placed on a Lot by an Owner without Association approval. The following architectural standards apply to each Lot and no variances shall be allowed from these architectural standards without approval of the Association.
    1. Walls. Wing-walls serving as architectural extensions of the building, directional and screening walls, terrace and retaining walls are all allowed where appropriate and needed. The use of low retaining walls to preserve existing trees and natural vegetation is encouraged. Individual wall faces may not exceed 4 feet in height. Retaining walls may be terraced and must be properly designed and engineered. Walls must be architecturally compatible in form, materials and appearance with the surrounding homes, landscaping, natural areas and other walls. Retaining walls are encouraged to be constructed from natural boulders (1'6" to 3'6" rounded/irregular shaped), stone or brick. Wing-walls, directional and screening walls may be of the same brick, stone or stucco materials used in the building. Concrete block walls are not allowed.
    2. Fences. Fences may be allowed where appropriate and necessary for screening, security, containment and aesthetic purposes subject to compliance with local ordinances and must be reviewed and approved by the Association. Fences must be of high quality construction and materials. All fences must be designed to be architecturally compatible with the homes and surroundings. Fences may not be higher than six(6) feet above grade (average height) except that ornamental post finials may extend six (6) inches above the top of the fence. All fences must be kept in good repair. Fences longer than fifty (50) feet must include landscape plantings to reduce the visual length of the fence. Chain link fence, dog runs and dog houses will be discouraged in areas visible from the public street; however, they may be allowed after review by the Association, which may require screening or other mitigation.
    3. Gazebos, Permanent Detached Screen Enclosures. Gazebos, permanent detached screen enclosures, and other similar structures are encouraged to be located in yard areas that are not visible from the public street. They may be allowed in other parts of the yard subject to review and approval by the Association.
    4. Swimming Pools, Hot Tubs and Whirlpools. Swimming pools, hut tubs and whirlpools are allowed only in the private portions of the yard that are screened by landscaping or not visible from the public street. Swimming pools must be permanent and of in-the-ground construction. Pool mechanical systems and storage (filters, heater, etc.) must be enclosed, screened by landscaping or in a buried vault located in the private area and not visible from the public street. All such pools, tubs and spas must be no closer than twenty (20) feet from a common lot line and must meet all codes including provisions for security and fencing.
    5. Landscape Structures, Benches, Outdoor Statuary. Pergolas, shade structures, trellises, benches, ornamental garden pools and small fountains and other garden structures are encouraged to be located in private areas that are not visible to the public. The design of any such structure should be highly related to the architectural style of the home and compatible with the surroundings. Such structures may be allowed in other parts of the yard subject to review and approval by the Association. Outdoor statuary or art work may be allowed only in areas that are not visible from the public street, unless approved by the Association. Potentially controversial works or structures must be set back to a minimum of twenty (20) feet from all common lot lines and screened.
    6. Accessory Structures. Storage buildings, pool mechanical enclosures, and children's clubhouses may be allowed in areas that are not visible from the public street and must be reviewed and approved by the Association. The design of any such structure must be highly related to the architectural style of the home and compatible with the surroundings. Such structures must be no closer than twenty (20) feet from all common lot lines and screened by landscaping.
    7. Children's Play Equipment and Outdoor Recreation Facilities. Children=s play equipment, basketball backstops and standards, trampolines and other similar outdoor recreational features are only allowed in private yard areas that are not visible from the public street. Any such structure must be no closer than ten (10) feet from all common lot lines and screened by landscaping.
    8. Satellite Dishes and Any Other Antennae. No satellite dishes in excess of 24" in diameter, exterior antennae, aerials towers, or any other similar devices for transmitting or receiving radio, television, microwave, laser or other electro-magnetic signals are allowed anywhere on the Lots. Satellite dishes 24" in diameter or less are allowed in locations that are not apparent to the public unless a written variance is granted by the Architectural Committee.
12. Landscaping. Preserving, protecting and maintaining as much of the existing woods and natural areas is encouraged as a means of reducing the impact of development on the existing wildlife and their habitat. The removal of any existing healthy trees over eight (8) caliper inches in size or areas of natural plantings must comply with all appropriate codes. The use of native trees and shrubs is to be encouraged where appropriate.
13. Pets and Animals. No birds, animals, reptiles or insects shall be kept on any Lot. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats and other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. Dog kennels are prohibited except when they meet the following requirements: exterior dog kennels or runs shall be located so as to be screened from streets and from neighboring Lots the fencing or outside run area shall be adjacent to the main structure and shall not exceed 80 square feet in fenced in area with a maximum six (6) foot high fence. Dog kennel plans shall be reviewed and approved by the Association.
14. Nuisances. No clothes lines or drying yards or pet control lines shall be permitted unless concealed by hedges or screening acceptable to the Association. No weeds or other unsightly growth shall be permitted to grow or remain upon the premises. No refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. In the event that an Owner of any Lot shall fail or refuse to keep such premises free from weeds, refuse piles or other unsightly growths of objects, then the Association may enter upon such lands and remove the same at the expense of the Owner and such entry shall not be deemed as trespass and in the event of such a removal, a lien shall arise and be created in favor of the Association and against such Lot for the full amount chargeable to such Lot and such amount shall be due and payable within thirty (30) days after the Owner is billed therefor. No Lot shall be used in whole or in any part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such Lot to appear in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substances, thing, or material be kept on any Lot that will emit foul or obnoxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of surrounding property. The outside storage of an unlicensed or inoperable motor vehicle upon the premises shall be prohibited.
15. Storage. Overnight outside storage of any items, including but without limiting the generality of the foregoing, sporting equipment, toys, yard and garden tools and equipment and trash and garbage containers shall not be allowed unless effectively screened from view outside the Lot. The design of any screening enclosures must be approved by the Association. No boats, automobiles, snowmobiles, trailers, camping vehicles, tractors/trailers, or trucks in excess of 9,000 pounds gross weight, shall at any time be stored or parked on any Lot outside of a garage or on a public street within the Property without the express written approval of the Association which approval may be withheld without stated reason. This provision shall not exclude the temporary storage on the driveway for a period not to exceed 72 hours.
16. Storage Tanks. No permanent storage tanks of any kind shall be erected, placed or permitted on any Lots unless buried or effectively screened from view outside the Lot.
17. Temporary Structures. No structure of temporary character, trailer, basement, tent, shack, garage, barn or other building shall be used on any Lot at any time as a residence, either temporarily or permanently.
18. Auxiliary Structures. Unless expressly authorized in this Declaration no detached structures shall be permitted unless design and location of same shall be approved by the Association.
19. Maintenance and Repair. In order to preserve the uniform and high-standard appearance of the Property, each Owner undertakes the responsibility for maintenance and repair of the exterior of his Living Unit, private yard area and private driveway on the Lot. Such responsibility for maintaining the Lot and improvements thereon shall include, but not be limited to, the following: the maintenance and repair of exterior surfaces of all buildings on the Lot, including without limitation, the painting of the same as often as necessary, the replacement of trim and caulking, the maintenance of repair of roofs, gutters, downspouts and overhangs, the maintenance and repair of exterior windows and doors, necessary painting; staining and repair of patio structures in maintaining private yard areas and private driveways and Owner shall be required to mow, trim, water or otherwise care for grass, trees or other plants located on a lot and shall be required to remove snow from the private driveways, parking areas and walkways to the Living Unit. Maintenance, painting and construction shall be in the original colors and materials, in or colors approved by the Association. Other colors and materials may be approved by the Association.
20. Completion of Construction of Improvements. All construction work shall upon approval of plans by the Association, be carried on with dispatch; all such work on each initial Living Unit and related landscaping shall be completed by the Association, as general contractor; all improvements shall be constructed in conformity with the then existing building codes of the County; and all building plans shall be prepared by or under the supervision of a registered architect, the general contractor, or another builder or qualified design professional approved by Association. If any structure is begun after approval of the plans as provided herein and is not completed within one (1) year after the commencement of said construction, or if the landscaping is not completed in accordance with the plan approved pursuant hereto, within six (6) months of the issuance by the County of the certificate of occupancy for the structure, and in the judgment of the general contractor or the Association, it is offensive or unsightly in appearance, the general contractor or the Association, may take such steps as may be necessary to make the Lot harmonious with other properties, such steps including completion of the exterior of the structure, screening or covering the structure or any combination thereof; including completing of landscaping, or similar operations. The amount of any expenditure made in so doing shall be the personal, joint and several obligation of the Owner or Owners and shall be a lien on the lot and may be foreclosed in the same manner as provided herein. The lien herein shall not be valid as against a subsequent bona fide purchaser of the Lot in question unless a statement setting forth the claim has been filed for record in the office of the County Recorder and/or Registrar of titles of Mower County, whichever is appropriate, or unless a suit and appropriate Lis Pendens to foreclose the lien shall have been filed of record in the office of the County Recorder and/or Registrar of Titles of Mower County prior to the recordation of the Deed conveying the lot in question to said purchaser.
21. Trash and Mud Control. During the construction period of any home and landscaping in Turtle Creek Estates, the builder will be responsible to prevent the deposition of mud and trash on adjacent properties and public streets. In the event trash or mud is blown or carried into adjacent properties or public streets, the home builder shall be responsible to remove such trash or mud daily. In the event the Association is required to clean up after building contractors, upon receipt of orders from the Association, the amount of such removal shall be billed to the builder or Owner responsible. If it is impossible to determine who is responsible, the charge will be divided equally between the Lots upon which buildings or grading is being done until the driveway and sodding or seeding are complete. This cleaning charge will become a lienable charge. The purpose of this covenant is to encourage buildings to exercise care to keep Turtle Creek Estates free of mud and debris and to encourage builders to help each other in maintaining a clean neighborhood.
22. Notice of Violation. The Association shall give the Owners seven (7) days= written notice of any violation of the provisions contained within this Declaration. This notice shall be given by certified mail, addressed to the Owner at the property address of the Lot in question and shall specify in reasonable detail the nature of the violation. In the event that the violation is not corrected within this seven (7) day period, then the Association shall be entitled to utilize all remedies as provided for in this Declaration. Notwithstanding the above language, the Association shall not be required to provide notice of violation if, in the Association=s reasonable judgment, the Association believes that the violation(s) could cause immediate and irreparable harm to the Association if the remedies provided for in this Declaration are not immediately invoked.