| By-Law # | By-Law |
| 01 | All homes erected shall have at least 1,000 sq. ft. of floor space. |
| 02 | All homes must be approved by the developer prior to construction. |
| 03 | All homes must have an exterior made of brick or vinyl. Exterior material must be approved by developer, prior to construction. |
| 04 | All driveways shall be concrete or asphalt and shall be complete prior to occupancy. |
| 05 | No mobile homes, trailers, tents, shacks, garages, or any other outbuilding shall be constructed or parked on any lot, and used as living quarters. |
| 06 | No mobile homes or pre-fabricated homes shall be allowed. |
| 07 | All homes shall be constructed on a basement, crawl space, or slab. Any slab home must be approved by the developer, prior to construction. |
| 08 | If garages are constructed, the front of the garage and any part facing the road, shall be of the same material as the home. All materials must be approved, BY THE HOMEOWNERS ASSOCIATION, prior to construction. |
| 09 | No commercial business can be conducted at any residence. |
| 10 | The front yard shall be sodded. The side and rear yard may be sowed in seed. Weather allowing, this shall be complete prior to occupancy. |
| 11 | All homes are to be built on the building line, unless written permission is obtained from the developer. No buildings shall be constructed in drainage easements. |
| 12 | All homes shall be set in accordance to Planning and Zoning regulations and also observing all easements. |
| 13 | All homes shall be complete within one year from start of construction. |
| 14 | No inoperative cars, trucks, tractors, or any other inoperative vehicle shall be allowed on said premises more than seven days. No heavy equipment or commercial tractor and trailers shall be permitted, with exception to vehicles loading or unloading for purposes of improvement or further development of the subdivision. |
| 15 | All homes shall be single family homes. |
| 16 | Fences shall either be chain link or pressure treated wood. Fences shall be in the backyard only, starting at the back corner of the house. The location of all fences, the materials, and the construction method of said fences, SHALL BE APPROVED BY THE HOMEOWNERS ASSOCIATION, prior to constructing. |
| 17 | Prior to occupancy, weather permitting, all builders and/or owners shall landscape the front of their home. |
| 18 | All finish grading shall be done in a manner that all water will drain towards the street and/or rear yard ditches. |
| 19 | All yards shall be properly maintained. It shall be the duty of each lot owner to keep grass on the property cut, to keep the lot free of weeds and rubbish, and to keep it otherwise neat and attractive in appearance. Should any owner fail to do so, then the HOMEOWNERS ASSOCIATION may take such action as it seems appropriate, including mowing, lot clean up, etc., in order to make the lot neat and attractive. The owner shall immediately upon demand, reimburse the Homeowners Association for all costs expended. |
| 20 | No animals, including without limitation, reptiles, livestock, or poultry of any kind, shall be raised, bred, or kept on any lot. A reasonable number of dogs, cats, or other traditional household pets may be kept inside the residence. |
| 21 | There shall be no overnight or continuous daytime parking on the streets. VEHICLES WILL BE TOWED AT THE OWNERS EXPENSE. |
| 22 | Each homeowner shall pay an annual fee in the amount of $100.00. This fee will be due by May 1st of each year. All new homeowners will pay a pro-rated amount within 30 days of occupancy. This fee will be paid to the homeowners association. The fees are to be used to maintain common areas such as grass, landscaping, fences, roads , utilities, street lights, park, retention basins, insurance, etc. The amount of the annual fee can be changed by the homeowners association. |
| 23 | All mailboxes and post are to be uniform and can be purchased from the developer. Any mailbox installed, that is not in compliance with the regulations, can be replaced by the homeowners association and be billed to the homeowner at 150% of the cost. |
| 24 | Any swimming pool erected or placed on any lot must be fenced around the perimeter of the swimming pool. |
| 25 | No carport shall be constructed on any lot unless approved in writing by the homeowners association. |
| 26 | Accessory buildings - Any accessory building erected or placed on any lot larger than 300 sq feet must have the approval of the homeowners association. All accessory buildings shall have a finished exterior of treated wood, painted wood, brick, stone, or siding. |
| 27 | The developer reserves the right to revise or change any restriction. Each section of the development shall abide by the regulations set forth for that section of the development. |
| 28 | Lots 124, 142, and 144 are not buildable lots and will not be assessed by the homeowners association. |
| 29 | Once each section is 90% complete, the homeowners association will approve and enforce all restrictions. The developer reserves the right to override the association on rules and regulations set forth in this development. |
| 30 | Incorporation into deed: The above covenants, reservations and restrictions shall be incorporated verbatim or by reference in every deed hereafter issued conveying any part of the premises above described. |
| 31 | These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by 75% of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. Failure of any owner to demand or insist upon enforcement of any of these restrictions or to proceed on restraint of violation shall not be deemed a waiver of the violations, or the right to seek enforcement of these restrictions. |
| 32 | Enforcement shall be proceedings at law or in equity against any person or persons violating or attempting to violate an covenant either to restrain violation or to recover damages. The proceedings can be brought by any owner of real property in Bethel Branch, by the homeowners association, against any party violating or attempting to violate any covenant or restrictions, either to restrain violation, to direct restoration and/or to recover damages. |
| 33 | Invalidity of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. |
| 34 | The Bethel Branch Homeowners Association has been formed. The officers have been appointed by the developer. These officers shall serve as trustees for the Homeowners Association for a term of four years. The Homeowners Association shall exercise those powers, duties, and functions set forth in these Restrictions. Any vacancy on the Homeowners Association shall be filled by a vote of lot owners as provided by rules adopted for conduct of business by the Homeowners Association. The Homeowners Association shall make reasonable rules and regulations for its operation and election of directors and may employ such agents as well as will enable it to carry out the provisions of this declaration. Every lot owner in Bethel Branch shall be a member of the Homeowners Association and by acceptance of a deed for any lot, agrees to accept membership in, and does thereby become a member of the Homeowners Association. Such owner and member shall abide by the Homeowners Association By-Laws rules and regulations, shall pay assessments provide for when due, and shall comply with decisions of the Homeowners Association Board of Directors. |
| 35 | Any assessment levied by the Homeowners Association shall be used only for purposes generally benefiting the Homeowners Association and shall constitute a lien upon the lot and shall be enforceable against real estate by foreclosure or otherwise. |
