PROTECTIVE COVENANTS
The Mountain of Southridge, Tahlequah, OK
PROTECTIVE
COVENANTS
FOR
THE
MOUNTAIN
OF
SOUTHRIDGE
SUBDIVISION
That,
Southridge
Development
Company,
L.L.C.,
an
Oklahoma
Limited
Liability
Company,
hereby
certifies
that
such
is
the
owner
of
and
the
only
person
or
entity
having
any
right,
title,
or
interest
in
and
to
the
lands
described
as
follows,
to-wit:
THE
MOUNTAIN
OF
SOUTHRIDGE,
A
subdivision
of
a
part
of
the
W1/2
W1/2
NW1/4
of
Section
9
and
a
part
of
the
NE1/4
NE1/4
of
Section
8
and
a
part
of
the
SW1/4
SW1/4
SW1/4
of
Section
4,
all
in
Township
16
North,
Range
22
East,
City
of
Tahlequah,
Cherokee
County,
Oklahoma,
according
to
the
recorded
plat
thereof.
It is further certified that the said owner has caused said tract of land to be surveyed into blocks, lots, streets, and avenues, and has caused a plat to be made of said tract showing accurate dimensions of lots, set back lines, right-of ways, widths of streets, and easements for utilities. Said tract of land is hereby dedicated as the Mountain of Southridge Subdivision to the City of Tahlequah, Oklahoma and hereby dedicate reserves for installation and maintenance of utilities within the strips of land for easements, and those tracts dedicated to the public as specifically shown on the recorded plat. All land so dedicated to public use are free and clear of all encumbrances.
PROTECTIVE
COVENANTS
For
the
purpose
of
providing
an
orderly
development
of
the
entire
tract
and
for
the
further
purpose
of
providing
adequate
restrictive
covenants
for
the
mutual
benefit
of
successors
in
title
to
the
subdivision
of
said
tract,
the
following
restrictions
and
reservations
are
imposed
to
which
it
shall
be
incumbent
on
our
successors
to
adhere:
1.
All
lots
within
the
subdivision
shall
be
known
and
designated
as
residential
building
lots.
No
structure
shall
be
erected,
altered,
placed
or
permitted
to
remain
on
any
residential
building
plot
other
than
one
detached
single
family
dwelling
not
to
exceed
two
stories
in
height
and
including
an
enclosed
garage
attached
thereto
for
not
less
than
two
automobiles
or
more
than
three
automobiles,
and
other
outbuildings
incidental
to
the
residential
use
of
such
plot
as
set
forth
hereinafter.
No
open
carports
will
be
constructed
on
any
lot.
Once
any
part
of
the
dwelling
or
any
other
structure
is
used
for
the
purpose
of
a
garage,
thereafter
it
shall
be
prohibited
from
conversion
to
living
space,
separate
living
quarters,
or
other
integral
part
of
the
living
area.
A
port-cochere
will
be
permitted.
2.
No
building
shall
be
located
on
any
lot
nearer
to
the
front
lot
line
or
nearer
to
the
side
street
line
than
the
minimum
building
set
back
line
shown
on
the
recorded
plat.
A
plot
is
defined
as
all
adjoining
lots,
or
portions
thereof,
belonging
to
or
later
acquired
by
the
same
owner.
In
no
event
shall
the
distance
between
buildings
be
less
than
10
feet
at
the
front
building
line.
No
dwelling,
detached
garage
or
other
building
shall
be
located
nearer
than
5
feet
to
a
side
lot
line
unless
built
on
multiple
lots
or
more
than
one
lot,
and
in
such
case,
not
nearer
than
5
feet
to
the
side
property
line
of
such
plot.
In
such
case
a
lot
has
boundaries
on
more
than
one
street,
the
front
of
the
residence
will
face
the
street
in
which
the
property
address
for
the
lot
has
been
established
by
the
City
of
Tahlequah.
3.
No
business,
trade
or
activity
shall
be
carried
on
upon
any
residential
lot.
No
noxious
or
offensive
activity
shall
be
carried
on
upon
any
lot
nor
shall
anything
be
done
thereon
which
may
be
or
may
become
an
annoyance
or
nuisance
to
the
neighborhood.
4.
No
structure
of
a
temporary
character,
trailer,
basement,
tent,
shack,
garage,
barn
or
other
out
buildings
shall
be
used
on
any
lot
at
any
time
as
a
residence,
either
temporarily
or
permanently.
5.
No
recreational
or
commercial
vehicle
shall
be
parked
in
front
of
the
front
building
line
or
within
view
from
a
street,
except
on
a
temporary
basis
for
a
period
of
no
more
than
3
consecutive
days.
No
trucks
in
excess
of
3/4
ton,
trail
bikes,
recreational
vehicles,
motor
homes,
motor
coaches,
campers,
trailer,
golf
carts,
motorcycles,
bicycles,
boats
or
boat
trailer
or
similar
vehicles,
other
than
standard
passenger
automobiles,
pickup
trucks,
and
vans
with
a
capacity
of
3/4
ton
or
less,
will
be
parked,
stored
or
in
any
manner
kept
or
placed
on
any
portion
of
a
lot,
unless
enclosed
in
a
garage
or
screened
from
view
from
any
street.
This
restriction,
however,
will
not
be
deemed
to
prohibit
commercial
and
construction
vehicles,
in
the
ordinary
course
of
business,
from
making
deliveries
or
otherwise
providing
services
to
a
property
owner
on
a
temporary
basis.
6.
No
building
shall
be
moved
onto
any
lot.
A
detached
storage
building
or
a
detached
garage
for
not
more
than
2
cars
shall
be
permitted,
provided
same
is
built
on
site
at
the
same
time
or
after
construction
of
a
residence
in
a
location
behind
the
existing
residence.
The
exterior
of
such
storage
building
or
detached
garage
shall
be
of
same
character,
nature,
and
construction
design
to
the
existing
residence.
7.
Those
lots
which
border
along
Mill
Road
shall
not
use
Mill
Road
for
purposes
of
ingress
or
egress
to
or
from
any
lot.
No
portion
of
any
lot
located
within
the
Mountain
of
Southridge
subdivision
may
be
used
to
access
any
adjoining
property
which
is
not
a
part
the
subdivision.
8.
All
front,
side,
or
rear
exterior
walls
of
all
dwellings,
garages,
and
other
buildings
shall
be
at
least
70%
masonry
construction,
consisting
of
stone,
stucco,
or
brick.
All
exterior
fireplace
walls
that
are
visible
from
view
of
any
street
must
be
masonry
construction,
stone,
stucco,
or
brick.
The
color
of
the
exterior
of
such
structures
shall
be
compatible,
coordinated,
and
harmonious
with
the
stone,
stucco,
or
brick
and
other
features
of
the
structures
in
contrast
with
the
natural
setting
of
the
area
in
which
the
structures
are
situated.
Vivid
or
strong
colors
including,
but
not
limited
to
turquoise,
pink,
purple,
orange,
bright
yellow
and
bright
blue
will
not
be
used
on
exterior
painted
or
colored
siding
materials.
9.
Metal
roofs
will
not
be
permitted
on
any
structure
erected
on
any
lot.
Only
roof
colors
found
in
nature
such
as
shades
of
gray,
brown,
or
black
will
be
allowed.
No
white
shingles
will
be
used
on
any
structure.
The
roof
pitch
or
slope
for
any
structure
erected
on
any
lot
shall
have
a
minimum
rise
of
7/12,
meaning
that
the
slope
or
pitch
must
have
a
vertical
rise
of
no
less
than
7
inches
for
each
12
inch
horizontal
distance.
10.
The
floor
area
of
the
main
residence,
exclusive
of
porches
and
garage,
shall
not
be
less
than
3000
square
feet.
11.
No
chain
link
fences,
or
pens
for
purposes
of
containing
dogs
or
other
animals,
will
be
allowed.
Only
ornamental
wrought
iron
or
similar
type
metal
fencing
shall
be
allowed
on
a
property
boundary
line
at
a
height
of
no
more
than
5
feet.
Partial
wood
privacy
fence
partitions
,
prefabricated
privacy
fence,
or
similar
type
privacy
fence
partitions
may
be
used
on
interior
portions
of
a
lot
for
the
purpose
of
creating
a
privacy
environment
for
a
residence,
pool
area,
or
to
create
a
privacy
area
for
other
improvements
upon
a
plot,
provided
such
fences
are
at
a
height
of
not
more
than
6
feet
and
are
not
located
within
20
feet
at
a
lot
boundary.
No
walls
shall
be
installed
on
the
front
portion
of
any
lot
in
this
subdivision,
between
the
front
lot
line
and
the
front
building
set
back
line,
except
decorative
walls
or
planters
which
may
extend
not
more
than
10
feet
in
front
of
the
front
building
line
at
a
height
of
not
more
than
3
feet.
No
fence
shall
be
constructed
within
3
feet
of
any
concrete
drainage
structure.
No
hedges,
bushes,
or
landscaping
shall
be
located
on
a
property
boundary
over
a
height
of
4
feet
for
the
purpose
of
creating
visual
obstruction,
or
an
alternate
to
fencing.
Privacy
fencing
installed
by
developer
and
subsequently
maintained
by
the
Property
Owners
Association
located
along
Mill
Road
and
the
Gated
Entry
area
shall
be
allowed.
All
other
fencing
which
is
installed
by
the
developer
shall
remain
in
the
location
constructed
and
of
the
same
type
and
nature.
12.
No
clothes
lines,
drying
yards,
service
yards,
wood
piles
or
storage
areas
shall
be
so
located
as
to
be
visible
from
any
street.
13.
No
detached
garage
or
other
outbuilding
shall
be
permitted
on
the
easements
reserved
for
utilities
or
drainage.
14. Mailboxes
for
a
residence
should
be
constructed
of
brick,
stone,
or
stucco,
and
of
the
same
material
and
nature
as
the
main
residence.
15.
Building
materials
may
be
stored
for
a
period
of
30
days
prior
to
the
start
of
construction.
Construction
of
a
residence
must
be
completed
within
18
months
after
commencement.
All
other
improvements
or
structures
commenced
on
a
lot
will
be
completed
within
6
months
after
commencement.
16.
Prior
to
time
of
construction,
during
and/or
after
construction,
no
rocks,
earth,
debris,
downed
trees,
land
fill,
sand,
construction
materials
or
equipment
will
be
placed,
parked
or
stored
on
adjoining
property
or
lots
which
do
not
belong
to
current
lot
owner.
No
portion
of
any
adjoining
lot
or
tract
will
be
disturbed
or
the
topography
changed
which
does
not
belong
to
current
lot
owner.
No
trash,
ashes,
garbage,
construction
materials
or
other
refuse
will
be
thrown
or
dumped
on
any
land
or
lot
within
the
subdivision.
There
will
be
no
burning
or
other
disposal
or
refuse
out
of
doors,
except
the
developer
may
burn
timber
from
clearing
right
of
ways
during
development
of
the
subdivision
under
a
burn
permit
obtained
from
the
City
of
Tahlequah.
Outside
storage
of
building
materials,
old
cars,
or
other
salvage
shall
not
be
permitted.
17. All utility services including electrical, television, natural gas and telephone installations will be placed underground. There will
be no visible towers or television antennas installed on any structure. Television satellites may be installed at such a location,
if
possible,
where
such
is
not
visible
from
a
street.
18. No
above
ground
swimming
pools
will
be
allowed.
19.
Sod
grass
will
be
laid
upon
a
plot
within
30
days
from
completion
of
a
residence
and
each
residence
and
any
structure
will
be
professionally
landscaped
on
all
sides
facing
a
street
within
6
months
of
completion
of
construction.
Each
lot
owner
will
be
responsible
to
maintain
their
lawn
and
landscape
in
a
proper
orderly
mowed
and
trimmed
manner
at
all
times.
No
grass
trimmings
will
be
discharged
upon
a
street,
and
each
lot
owner
will
maintain
that
portion
of
the
street
which
fronts
their
lot,
free
and
clear
of
grass
cuttings,
trash,
dirt,
and
debris
at
all
times,
as
further
provided
hereinafter
in
Section
29.
20.
Each
lot
owner
will
be
responsible
to
insure
that
proper
interior
lot
drainage
will
be
established
whereas
the
drainage
will
be
designed
to
flow
to
the
street
or
established
drainage
reserves
and
shall
not
drain
upon,
interfere
with,
cause
water
runoff,
or
produce
water
erosion
damage
to
or
upon
an
adjoining
lot.
21.
Parking
and
driveway
areas
on
each
plot
shall
be
designed
to
accommodate
sufficient
“off-street”
parking
for
all
vehicles
of
those
persons
residing
at
a
residence.
Parking
in
a
street
shall
not
be
allowed,
except
for
short
term
parking
of
guests
for
a
term
of
not
more
than
24
hours.
22.
No
sign
of
any
kind
shall
be
displayed
to
the
public
view
on
any
lot,
except
one
professional
sign
of
no
more
than
one
square
foot
displaying
the
property
address
or
one
professional
sign
of
not
more
than
five
square
feet
advertising
the
property
for
sale
during
construction
or
sales
period.
23.
No
yard
ornaments
in
excess
of
24
inches
in
height,
animal
statues,
portable
basketball
structures,
or
plastic
vivid
colored
playground
equipment
will
be
placed
on
any
lot
in
view
of
a
street.
Permanently
installed
basketball
structures
will
be
allowed,
provided
such
are
not
located
in
front
of
a
residence,
and
are
only
located
in
the
rear
or
side
yard
area.
24.
During
the
time
of
construction,
and
prior
to
completion
of
a
residence,
each
owner
shall
have
professionally
constructed
a
concrete
sidewalk
fronting
all
street(s)
which
is
48
inches
in
width
with
a
minimum
depth
of
4
inches.
Said
sidewalk
shall
be
located
24
inches
behind
the
curb
back,
have
an
elevation
of
no
more
or
less
than
3
inches
above
or
below
the
curb
top,
have
expansion
cuts
every
4
feet,
and
run
the
entire
width
of
the
plot.
If
an
additional
lot,
or
portion
thereof,
is
later
acquired
by
a
lot
owner
which
joins
a
current
plot
with
an
existing
residence,
then
such
additional
lot,
or
portions
thereof,
shall
have
a
sidewalk
constructed
upon
the
lot
acquired
within
60
days
of
the
acquisition.
No
structures
or
fixtures
of
a
permanent
or
temporary
nature
will
be
allowed
which
block
or
prevent
pedestrian
sidewalk
use.
This
covenant
shall
not
apply,
and
sidewalks
shall
not
be
required
along
Mill
Road,
that
portion
of
Mountain
Drive
at
the
main
entry,
portions
of
Tract
A
or
Tract
B
as
determined
by
the
developer,
or
those
portions
of
Lot
61
and
Lot
62
which
front
Mountain
Drive.
25.
Tract
A
and
Tract
B
as
identified
on
the
Mountain
of
Southridge
plat,
shall
be
dedicated
to
the
Mountain
of
Southridge
Property
Owners
Association,
and
shall
be
maintained
by
the
owners
of
lots
as
members
of
the
Mountain
of
Southridge
Property
Owners
Association,
as
further
provided
hereinafter
in
Section
26.
The
Easterly
10
feet
of
Lot
4
and
Lot
5
which
adjoin
Tract
A
will
be
considered
a
“green-belt
area”
and
shall
remain
in
a
current
natural
state.
26.
In
order
to
provide
a
coordinated
arrangement
for
the
maintenance
of
common
improvements,
preserve
the
high
level
of
standards
of
these
Protective
Covenants,
and
create
goodwill
among
all
property
owners
of
the
Mountain
of
Southridge,
there
shall
be
created
the
Mountain
of
Southridge
Property
Owners
Association,
hereinafter
referred
to
as
the
“Mountain
POA”
or
“Association”.
Each
property
owner
shall
have
membership
in
the
Association
based
upon
the
number
of
lots
owned
in
relation
to
the
total
number
of
lots
contained
within
the
subdivision.
Each
member
of
the
Association
shall
be
entitled
to
one
vote
for
every
whole
lot
owned.
As
members
of
the
Mountain
POA,
it
shall
be
the
cooperative
responsibility
of
each
and
all
property
owners
within
the
subdivision
to
maintain
the
common
elements
and
improvements
for
the
benefit,
enjoyment,
and
use
of
each
and
all
property
owners,
further
referenced
as:
(a)
Tract
A
and
Tract
B
as
shown
on
the
plat,
including
all
improvements
thereon
consisting
of,
but
not
limited
to;
landscape,
masonry
columns
and
walls,
fountains,
pumps,
water
clarity
in
lakes
and
waterfall
fountains,
pumps
and
fountain
equipment,
common
lights
and
fixtures,
irrigation,
walking
trails,
fencing,
parking
areas,
and
benches
within
the
common
areas;
(b)
The
main
gated
entry
way
at
the
intersection
of
Mountain
Drive
and
Mill
Road,
and
all
appurtenances
thereto
including
gate
operating
equipment
and
systems,
irrigation
systems,
columns,
pump
systems,
and
fencing;
(c)
fencing
and
lawn
care
along
right-of-ways
of
Mill
Road
where
fronting
the
Mountain
of
Southridge
subdivision;
(d)
ornamental
street
lights
maintenance
and
repair;
(d)
street
surface
of
all
streets
within
the
subdivision
which
shall
be
maintained
as
private
streets
for
the
benefit
of
the
lot
owners,
street
signs,
and
cul-de-sacs
planters;
(e)
mowing
along
Mountain
Drive
right-of-way
which
is
situated
along
Tract
A
and
Tract
B,
that
area
south
of
Lot
4
and
north
of
Lots
61
and
62;
(f)
that
landscape
and
lawn
“triangle”
area
lying
south
of
the
main
entry
which
is
located
west
of
Southridge
Road,
south
of
Mill
Road,
and
east
of
the
Lakes
of
Southridge;
all
inclusive.
The
Mountain
POA
shall
be
responsible
for
payment
of
utilities
for
lighting,
pumps,
irrigation,
and
gate
systems;
independent
accounting
or
bookkeeping
services
for
billing,
collection
of
dues
and
maintenance
of
records;
property
taxes
for
Tracts
A
and
B;
and
any
other
cost,
responsibilities,
or
procedures
as
deemed
necessary
and
appropriate
to
maintain
the
common
elements
as
provided
for
the
function
and
purpose
of
the
Mountain
POA
The
nature,
design
and
landscaping
of
the
entry
ways,
signs,
brick
columns,
fences,
road
rights-of-ways
and
cul-de-sac
planters,
and
any
and
all
improvements
constructed
by
developer
shall
not
be
changed
from
the
original
without
the
written
approval
of
the
owners
of
a
majority
of
the
lots
within
the
subdivision.
There
will
be
a
committee
or
Board
of
(3)
Trustees
acting
as
managing
members
acting
in
behalf
of
the
Mountain
POA
(The
Board)
It
shall
be
the
fiduciary
duty
of
the
Board
to
coordinate
collection
of
the
association
fees,
set
budgets
and
fee
assessments
as
deemed
necessary,
arrange
maintenance
for
those
common
improvements
as
referenced
above,
to
pay
for
utilities,
and
take
proper
and
appropriate
action
to
maintain
high
standards
of
the
subdivision
covenants.
The
Board
shall
have
full
power
and
authority
to
contract
with
any
person
or
company
(including,
without
limitations,
the
developer
or
any
property
owner)
for
performance,
on
behalf
of
the
Association,
of
services
which
the
Association
is
otherwise
required
to
perform
pursuant
to
the
terms
hereof,
such
contracts
to
be
upon
such
terms
and
conditions
and
or
such
consideration
as
the
Board
may
deem
proper,
advisable,
and
in
the
best
interests
of
the
Association.
Neither
any
member,
lot
owner,
developer,
trustees
and/
or
Board
officers
of
the
Association
shall
be
personally
liable
for
the
debts
contracted
for
or
otherwise
incurred
by
the
Association
for
any
torts
committed
by
or
on
behalf
of
the
Association,
or
otherwise.
Neither
the
developer,
the
Association,
its
directors,
officers,
agents,
or
employees
shall
be
liable
for
any
incidental
or
consequential
damages
for
failure
to
inspect
any
premises,
improvements
or
portion
therefore,
or
for
failure
to
repair
or
maintain
the
same.
The
original
Board
Trustees
shall
be
Scott
Wright,
Tommye
Sue
Wright
and
Jasen
Wright,
who
shall
remain
Trustees
until
such
time
as
he
or
she
shall
resign,
assign
his
or
her
position,
or
is
removed
and
replaced
in
an
election
called
for
said
purpose.
If
a
Trustee
should
resign,
then
the
remaining
Trustees
shall
fill
the
vacant
position,
or
may
conduct
an
election
to
replace
a
current
Trustee.
A
Trustee
may
be
removed
upon
receipt
of
a
written
request
for
removal
signed
by
five
percent
(5%)
of
the
owner
of
lots
with
the
subdivision,
and
in
such
case,
nominations
and
an
election
shall
be
held
for
a
replacement
Trustee
within
sixty
(60)
days
from
receipt
of
such
written
request.
Nominations
for
a
replacement
Trustee
may
be
made
by
any
owner
of
a
lot
within
the
subdivision
and
the
election
shall
be
conducted
by
the
Trustee
Committee
with
a
new
Trustee
elected
by
a
majority
of
the
votes
of
all
of
the
lot
owners
voting
in
said
election,
with
a
lot
owner
having
the
same
number
of
votes
as
the
number
of
whole
lots
owned
by
said
lot
owner.
The
cost
of
the
election
shall
be
paid
from
the
Association
funds.
Every
owner
and
each
individual
within
an
owner’s
family
shall
have
a
non-exclusive
right
and
privilege
of
use,
recreation,
and
enjoyment
in
and
to
the
common
improvements
and
such
right
and
membership
in
the
Association
shall
be
appurtenant
to
and
shall
pass
with
the
title
of
each
respective
Lot;
provided
however,
such
right
of
use
shall
not
give
any
person
(excluding
the
Developer
and
the
Association),
the
right
to
make
alterations,
additions
or
improvements
to
the
common
improvements.
Each
owner
of
a
lot
as
a
member
of
the
Association
shall
pay
a
Property
Owner
Association
fee
in
the
amount
of
Fifty
Dollars
($50)
per
month
which
is
due
and
payable
on
the
first
day
of
each
month
in
advance,
or
such
reasonable
amount
as
may
be
deemed
necessary
and
approved
by
the
Mountain
Property
Owners
Association
Board,
for
each
lot
owned,
and
prorated
for
any
portion
or
part
of
a
lot
owned.
The
Board
may
allow
payment
of
such
association
fees
on
a
monthly,
quarterly,
or
annual
basis,
as
may
be
requested
by
a
lot
owner.
The
developer
shall
not
be
responsible
for
payment
of
association
dues
for
any
lot,
but
until
such
time
that
the
Property
Owner
Association
dues
are
sufficient
to
service
the
maintenance
of
common
areas
as
provided
herein,
or
until
such
time
as
there
are
over
40%
of
lots
sold
to
others,
the
developer
will
be
responsible
for
supplementing
funds
and/or
providing
services
at
the
option
of
developer,
sufficient
to
properly
maintain
the
common
areas.
Any
lot
purchased
by
building
contractor
for
the
purposes
of
constructing
a
speculative
home
for
resale
purposes
shall
not
be
subject
to
the
monthly
Association
maintenance
fee
while
such
home
is
unoccupied.
If
any
assessment,
or
any
part
thereof,
is
not
paid
on
the
date(s)
when
due,
then
the
unpaid
amount
of
such
assessment
shall
be
considered
delinquent
and
shall,
together
with
non-compliance
charges
as
provided
in
Paragraph
30,
and
interest
thereon
at
the
maximum
rate
allowed
under
applicable
law
and
costs
of
collection
thereof,
thereupon
become
a
continuing
debt
secured
by
a
self-executing
lien
on
the
lot
of
the
non-paying
owner
which
shall
bind
such
lot
in
the
hands
of
the
owner
and
owner’s
heirs,
executors,
administrators,
devisees,
personal
representatives,
successors,
and
assigns.
The
Board
shall
have
the
right
to
reject
partial
payment
of
an
unpaid
assessment
and
demand
the
full
payment
thereof.
The
obligation
for
unpaid
assessments
shall
be
unaffected
by
any
sale
or
assignment
of
a
lot,
and
shall
continue
in
full
force
and
effect.
No
owner
may
waive
or
otherwise
escape
liability
for
any
assessment
provided
herein
by
non-use
of
the
common
properties
or
abandonment
of
a
lot
or
property
owned.
27.
No
oil
drilling,
oil
development,
or
mining
operations
will
be
carried
on
within
the
development.
28.
No
animals,
livestock
or
poultry
of
any
kind
shall
be
raised,
bred
or
kept
on
any
lot;
except
that
dogs,
cats
or
other
normal
household
pets
may
be
kept,
provided
that
they
are
not
kept,
bred
or
maintained
for
any
commercial
use,
and
provided
they
are
kept
within
fenced
areas.
Under
no
condition,
shall
a
pet
be
allowed
to
roam
freely
throughout
the
subdivision
unless
accompanied
by
the
pet
owner.
29.
Each
owner
and
occupant
of
any
part
of
a
lot
shall
jointly
and
severally
have
the
responsibility
and
duty
at
their
sole
cost
and
expense,
to
keep
each
lot
and
any
improvements
thereon
well-maintained
including
buildings,
improvements,
and
grounds
in
a
safe,
clean,
and
attractive
condition
at
all
times.
Maintenance
shall
include,
but
not
limited
to,
the
following;
(a.)
prompt
removal
of
all
litter,
trash,
refuse,
and
waste;
(b.)
lawn
moving
and
edging
along
all
concrete
driveways,
sidewalks,
and
curb;
(c.)
tree
and
shrub
pruning;
(d.)
watering;
(e.)
maintaining
exterior
lighting
and
mechanical
facilities
in
good
working
order;
(f.)
maintaining
lawn
and
landscape
alive,
free
of
weeds,
and
attractive;
(g.)
maintaining
parking
areas,
driveways,
and
walkways
in
good
repair;
(h.)
complying
with
all
governmental,
health,
and
police
requirements;
(I.)
repainting
of
improvements;
(j.)
immediate
repair
of
any
and
all
exterior
damage
to
dwellings
or
improvements.
Any
and
all
exterior
lighting
installed
on
any
lot
shall
either
be
indirect
or
of
such
controlled
focus
and
intensity
as
not
to
disturb
the
residents,
street
traffic,
or
adjacent
property
owners.
30.
If
the
parties
hereto
or
any
of
them,
their
heirs,
assigns,
or
successors,
or
any
lot
owners
or
persons
claiming
under
them
shall
violate
or
attempt
to
violate
any
of
the
covenants
herein,
including
failure
to
pay
Association
dues
as
provided
in
Section
26,
it
shall
be
lawful
for
any
other
person
or
persons
owning
any
real
property
situated
in
the
Mountain
of
Southridge
subdivision,
and/or
the
Mountain
Property
Owners
Association,
to
notify
the
property
owner
in
violation,
and
thereafter,
to
prosecute
any
proceedings
at
law
or
in
equity
against
the
persons
violating
or
attempting
to
violate
any
such
covenant,
and
either
to
prevent
him,
her,
or
them
from
so
doing
or
to
recover
damages
or
other
dues
for
such
violations.
Any
party
prosecuting
any
such
suit
successfully
shall
be
entitled
to
recover,
in
addition
to
other
damages,
a
reasonable
attorney
fees
and
court
costs
incurred
in
such
litigation.
A
property
owner
shall
have
the
right
to
receive
prior
notice
to
bring
their
property
into
compliance
regarding
any
protective
covenant
violation,
or
payment
of
delinquent
Association
dues,
in
advance
of
legal
action.
The
procedures
regarding
a
property
which
is
in
violation
of
any
protective
covenant
shall
be
as
follows:
(a)
Letter
of
non
compliance
be
sent
certified
mail
to
the
property
owner
containing
specific
details
of
the
protective
covenants
violation;
(b)
The
property
owner
shall
have
30
days
from
receipt
of
such
certified
notice
for
the
correction
of
seasonable
items
such
as
lawn
mowing
or
payment
of
outstanding
Property
Owner
Association
dues.
For
all
other
violations,
the
property
owner
shall
have
60
days
to
correct
the
violation
to
bring
their
property
into
compliance;
(c)
If
the
violation
of
such
protective
covenant
is
not
corrected
within
the
time
periods
as
set
forth
above,
then
the
property
owner
shall
be
considered
in
violation
of
the
protective
covenant
and
subject
to
prosecution
and
proceedings
at
law,
including
the
obligation
for
payment
of
a
noncompliance
fee
in
the
sum
of
$200
for
every
month
the
violation
exists
from
the
date
the
original
notice
of
noncompliance
is
issued
until
the
property
is
brought
into
compliance.
31. These covenants shall run with the land and shall be binding on all parties, all lot owners, and all persons claiming under them until December 31, 2031, at which time said covenants shall be automatically extended for successive periods of 10 years unless an instrument in writing signed by the record owners of 70% of the lots have been recorded agreeing to change said covenants in whole or in part.
