Covenants

THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS for THE RESERVE is made and centered into this 24th day of July 2024, by Timber Ridge Properties, LLC, an Oklahoma Limited Liability Company, which company owns the real property that is subject to this declaration and is the declarant for this Declaration.

WITNESSETH:

WHEREAS, Timber Ridge Properties, LLC is the owner of the real property known as The Reserve, a residential community located in Oklahoma County, Oklahoma and which is more particularly described in Exhibit “A” to this Declaration of Covenants, Conditions and Restrictions and which is a part of the recorded plat for The Reserve that is recorded at Book ____ Page ____ in the office of the Oklahoma County Clerk, Oklahoma County Oklahoma (hereinafter “The Reserve”) ; and

WHEREAS, Timber Ridge Properties, LLC is the declarant for this Declaration of Covenants, Conditions and Restrictions for The Reserve; and

WHEREAS, Timber Ridge Properties, LLC, as the declarant, desires to subject the real property set forth in Exhibit “A”, that being, the residential community known as The Reserve, to the Covenants, Conditions and Restrictions of this Declaration; and

WHEREAS, Timber Ridge Properties, LLC as the declarant has caused a homeowners association to be incorporated under the laws of the State of Oklahoma as a non-profit corporation, known as The Reserve Homeowners Association, Inc. for the purpose of exercising and enforcing the Covenants, Conditions and Restrictions of the Declaration for The Reserve and the purpose of administration and maintenance of such property.

Now, therefore, pursuant to Title 60, Section 851, et seq., of the Oklahoma Statutes, Timber Ridge Properties, LLC, as the owner and declarant of and for the subject property, hereby declare that all of the real property described on Exhibit “A” shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title, or interest in the described properties or any part thereof, their successors and assigns, and shall inure to the benefit of each owner thereof.

ARTICLE I

Definitions

The following words when used in this Declaration (unless the context shall be prohibitive) shall have the following meanings:

Section 1.1 “Association” shall mean and refer to The Reserve Homeowners Association, Inc.

Section 1.2 “Board” shall mean the Board of Directors of the Association.

Section 1.3 “Certificate” shall mean the Certificate of Incorporation of the Association, filed in the office of the Secretary of State of the state of Oklahoma, as such Certificate may from time to time be amended.

Section 1.4 “By-Laws” shall mean the By-Laws of the Association which are or shall be adopted by the Board, as such By-Laws may from time to time be amended.

Section 1.5 “Rules” shall mean the Rules of the Association adopted by the Board, as they may be in effect from time to time pursuant to the provisions hereof.

Section 1.6 “Occupancy” of any lot shall mean that point in time when the first member of the owner’s family or anyone authorized by the owner moves into the dwelling located thereon.

Section 1.7 “Member” shall mean those persons so persons so defined in Sections 4.1 of Article IV below.

Section 1.8 “Maintained Areas” shall mean and refer to all common areas now existing or existing in the future, including, but not limited to, the private streets, the security gate, the guardhouse, the clubhouse, the signs, the walls and fences, the landscaping, roads, ponds, irrigation systems, fountains, street lights, landscape lighting and bridges, and those parts of the private areas pertaining and limited to maintenance of private lawns, fields and sports fields.

Section 1.9 “Lots” shall mean only those residential lots shown on the recorded Plat for The Reserve, that form the residential community known as The Reserve. Those lots are Block 1, Lots 1-10 and Block 2, Lots 1-16, along with any areas designated as Common Areas of the final plat for The Reserve, all of which are shown on the final plat of The Reserve, which is recorded at Book ___, Page ___ in the office of the Oklahoma County Clerk, Oklahoma County, Oklahoma.

Section 1.10 “Person” shall mean an individual, corporation, partnership, association, trust or other legal entity, or any combination thereof.

Section 1.11 “Owner” shall mean the record owner, whether one or more persons, of the fee simple title to any lot that is subject to this Declaration, including contract sellers, but shall not include a mortgagee, unless such mortgagee has acquired title pursuant to foreclosure or deed in lieu of foreclosure; nor shall such term include any other who has an interest merely as security for the performance of an obligation.

Section 1.12 “Declarant” shall mean Timber Ridge Properties, LLC, an Oklahoma Limited Liability Company, or its successors and assigns.

Section 1.13 “Common Areas” shall mean those areas and private streets located within The Reserve that have been or will be conveyed to the Association. The common areas other than the private streets are the common areas designated as common areas as shown on the final plat for The Reserve, any common wall and fence surrounding The Reserve, the gates and entry ways of The Reserve. Common Areas shall also include any area so designated by Developer prior to assigning the duties and obligations to the Association as detailed in Article II, or any area so designated at a later time through appropriate procedures.

Section 1.14 “Private Streets” shall mean the private streets within The Reserve known as NW 210thStreet and Rush Creek Road.

ARTICLE II

The Reserve Homeowners Association

Declarant has formed, or shall cause to be formed, an association of the owners of residential lots within The Reserve (the "Association"). The Association will be formed in accordance with the statutes of the State of Oklahoma. At such time that Declarant no longer owns at least twenty-five percent (25%) of the residential lots within The Reserve, or such earlier time in the sole discretion of Declarant, Declarant shall assign all duties and obligations set forth herein to the Association. 

Section 2.1 The Association is hereby vested with the power and the duties as prescribed by Oklahoma law, this Declaration, the certificate of incorporation of the Association and the By-Laws for the Association.

Section 2.2   The Association shall have a Board of Directors. The Association may only act through its Board and the Board may act only upon matters as determined by a majority vote of the Board to carry out the provisions of this Declaration or any amendment hereto that may be approved by a vote of at least seventy-five percent (75%) of the members of the Association.

Section 2.3  In addition to any powers vested in the Association pursuant to the laws for the State of Oklahoma, the Association through its Board shall have the power and the duties to perform the following acts.

A. Property Taxes and Assessments. The Association shall pay all real and personal property taxes and assessments levied upon any portion of the Common Areas or other property owned by the Association. This shall include all charges for water, electricity, and other utilities provided to the Common Areas. 

B. Property Insurance. The Association may keep any Improvements in the Common Areas insured against loss or damage from such hazards and with such policy limits as it may deem desirable. The Association shall be the owner and beneficiary of such insurance.

C. Liability Insurance. The Association shall have the power to obtain and maintain comprehensive public liability insurance, in such limits as it shall deem desirable, and workmen’s compensation insurance and other liability insurance as it may deem desirable.

D. Other Insurance. The Board, at its option, may elect for the Association to obtain blanket insurance policies or umbrella insurance policies, as to one or more of the types of insurance required or deemed advisable, including insurance for indemnification of any officer or director of the Association, by the Association or its members with such policy limits as may be deemed advisable by the Board.

E. Management Contracts. The Association shall have the power and authority to enter into management agreements with management organizations of its choosing for the maintenance of the Common Areas and the Improvements located thereon. The Association has the authority to enter into management agreements with management organizations of its choosing for the maintenance of the Common Areas and the Improvements located thereon. The Association shall also have the authority to enter into agreements concerning the lawn maintenance for the lot of each of its members.

F. Association Rules. The Association may, from time to time, adopt, amend, modify, revise, repeal, and enforce certain rules and regulations to be known as The “Association Rules” for the purposes of maintenance and use of the subject property and enforcing the covenants, conditions and restrictions of this declaration. The Association Rules and any amendment thereof shall be binding upon all members upon approval of the rules by a majority vote of the Board and shall remain enforce and effect unless said rules are repealed or amended by a vote of no less than seventy-five (75%) of the members of the Association. A copy of the Association Rules and amendments once adopted shall be mailed or otherwise delivered to each Residential Owner.

G. Enforcement Powers. The Association through its Board shall have the power to enforce the covenants, conditions, and restrictions of this declaration and the Association Rules and shall have the power to adopt rules and procedures for the enforcement of covenants, conditions and restrictions of this declaration.

H. Easements. The Association shall have the power to grant any easement over and across the common areas for the utility purpose or any other purpose deemed necessary by the Association and the power to transfer or dedicate any portion of the common areas necessary for utilities or any purpose deems necessary by the Board.  

I. Borrow Money. The Association shall have the power to borrow money for the purposes of maintenance and improvement of the common areas and any structure built thereon.

J. Acceptance of Common Areas. The Association shall have the power to accept the conveyance of any common area or easement the Board deems necessary to carry out the purposes of this Declaration.

K. By-Laws and Powers of The Board of Directors. The Association shall have the power to adopt by-laws and the power to delegate duties to the Board through its by-laws and rules to carry out the purposes of this Declaration.

ARTICLE III

The Board of Directors of the Association

Section 3.1  The Association shall have no less than three and no more than five directors who shall be elected by a vote of the residential owners and the declarant, except the Declarant shall appoint the initial directors as set forth in Section 3.2.

Section 3.2  The members of the Board of Directors shall be those members designated in the certificate of incorporation of the Association until new directors are elected at the first annual meeting of the Association in accordance with its By-Laws. The Declarant will have the right to appoint one director as long as the Declarant owns at least one lot in The Reserve.

ARTICLE IV

Membership and Voting Rights in the Association

Section 4.1  Membership. Membership in the Association shall be mandatory for all owners and shall be restricted to the Declarant and those owners of a residential lot that is subject to this Declaration. Other than the Declarant, the membership of an owner shall become effective for all purposes upon the owner’s purchase of a lot as shown by a recorded deed in the name of the owner for the lot. Membership shall be appurtenant to and may not be separated from ownership of any lot. The Declarant shall remain a member of the Association as long as the Declarant owns a residential lot.

Section 4.2 Voting Rights. Each member, including the Declarant, shall have the right to vote on any matter that is or should be required to be submitted to the vote of the membership at any annual meeting or special meeting of the Association. Each member, except the Declarant, shall be entitled to one vote for each lot in which the member holds an interest required for membership specified in Section 4.1. The Declarant shall have three votes for each lot owned. When more than one person holds such interest or interest in any one lot, the vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot, except for those lots owned by the Declarant who has three votes for each lot owned.

ARTICLE V

Property Rights

Section 5.1 Use and Maintenance of Lots. Each owner of a lot shall have the right to use his lot for residential purposes by the owner only. The lot can not be used for any commercial purpose or speculative investment purpose. No business shall be operated on the premises. An owner is prohibited from leasing short term rentals such as VRBO, AirBNB, or any other service, rental or lease of fewer than twelve months. Such leasing activity is considered a commercial purpose or use that is prohibited by the covenants in this Declaration. Except for lawn maintenance to be provided by the Association each owner will be required to maintain his property in accordance with the provisions of this Declaration and the Association rules. The construction or exterior alteration to any structure upon any lot shall be constructed in accordance with the architectural and design guidelines, which are attached to this Declaration as Exhibit “B” and are made a part this Declaration. No construction or exterior alteration of any structure shall be approved that is not in accordance with the architectural and design guidelines, which are set forth in Exhibit “B”.

Section 5.2 Boats, Trailers and Motorhomes. Boats, trailers, and motorhomes are neither permitted to be stored at the residence nor parked near the garage or on the driveway of a residence for periods exceeding 24 hours. Parking or storage in a garage or workshop where they cannot be seen is permitted. 

Section 5.3 Parking on Streets Prohibited. Automobiles, motorhomes, or any other type of motor vehicle, trailers and boats shall not be parked on the streets or in any common area.

Section 5.4  Basketball or Sports Goals Prohibited. No basketball or other sport goal shall be erected on a lot or attached to any home. A movable sports goal may be used on a lot as long as the movable goal is stored in the garage when not in use. A permanent goal in the rear area of the home but which is not attached to the home is the purview of the design committee and later the HOA. 

Section 5.5 Animals. No inherently dangerous animal, livestock or pet may be held, maintained, boarded, bred, sheltered, or kept within The Reserve on a temporary or permanent basis. Inherently dangerous shall include, but is not limited to, any domestic, wild, or exotic mammal or reptile whose breed is commonly known as dangerous or aggressive (ie. pit bulls), or who is defined as dangerous or aggressive under any state or local regulation or law, or that are specifically excluded from homeowners’ coverages. Inherently dangerous shall also include any animal or reptile who has been known to attack or bite other animals or reptiles or any human – regardless of provocation.

All pets of any kind, nature, or breed must be maintained on a leash at all times that it is not within the confines of the owner’s house or fenced yard.

No pet or animal will be allowed to be maintained outside of the home if it engages in excessive barking or other sound.

No owner shall permit their pet or animal to cause any disturbance of any nature on the property of another owner. Every owner shall be responsible for immediately removing their pet or animal’s feces from a neighbor’s lawn. Every owner shall remove their pet or animal’s feces from that owner’s lawn in a reasonable time so as to prevent an accumulation of odor which may be noticeable from neighboring properties.

Section 5.6 Native Wildlife. No gun-based weapons may be discharged in the property within The Reserve and all state and local animal control laws or regulations apply. Each Owner is required to dispose of any expired wildlife properly and responsibly. Under no circumstance shall any expired wildlife or pet be relocated to any common area.

Section 5.7 Noxious Activity. No noxious or offensive trade or activity shall be carried out upon any lot, nor shall anything be done thereon that may be or may become an annoyance or nuisance to any other Owner. This shall include, but is in no way limited to, hobbies, trades, pets, or other activities which result in excessive or persistent loud sounds or strong odors.

Section 5.8 No Ownership Rights in Common Areas. Members of the Association shall have no individual ownership rights in the common areas, except each member shall have the right to an easement of enjoyment for and into the common areas, subject to reasonable restrictions that may be adopted by the Association and its Board. The maintenance of the common area shall be the responsibility of the Association. The Board may deny a member his/ her easement of enjoyment if the member fails to pay an assessment or violates any other rules or regulations of the Association. 

ARTICLE VI

Covenant for Assessments

Section 6.1  Consent of Owners to the Levy of Assessments by Association. The Association shall have the right, power and authority to levy assessments against each Lot as the Board may decide to levy from time to time for purposes defined herein. Such assessment shall either be classified as a general assessment or a special assessment. Each owner, by acceptance of a deed for a Lot, is deemed to covenant and agree to pay any and all such assessments. Any general assessment levied against a Lot by the Association shall be used exclusively (a) for the maintenance and improvement of any and all Common Areas, (b) repair and maintenance of the gated entry, (c) lawn maintenance in the front and backyards of each Lot, (d) all maintenance and improvement of the private streets, (e) any expense to indemnify any director or officer in accordance with the Association’s By-Laws. The general assessment shall include the establishment of adequate reserves for repair, maintenance and replacement of capital items. A special assessment may be levied by a majority vote of the Board of Directors for any purpose the Board deems necessary unless the special assessment is disapproved by a vote of at least seventy-five percent (75%) of the member votes of the Association at a special meeting called for such purposes.

Section 6.2 Creation of Lien and Personal Obligation of Owners for Association. Each assessment approved and levied by the Board for the Association shall become the personal obligation of each owner of each lot at the time the assessment becomes due for each lot. Each assessment shall also constitute a lien on the lot or lots owned by each member of the Association until the owner of the lot pays in full the assessment attributed to their lot or lots. Assessments shall be paid in the manner and on the date as may be fixed by the Board for the Association. If the Assessment is not paid as prescribed by the Board, the Board may charge the owner a reasonable rate of interest to be determined by the Board and may assess other costs, such as attorney fees, which shall also be the personal obligation of the owner and shall become a part of the lien against the lot of the owner until paid in full.

Section 6.3 Enforcement of Lien. The Association through its Board may take any action legally necessary to collect the payment of any assessment levied against any owner.

Section 6.4 Priority of Lien. Such lien provided herein shall be superior to all the other liens, with the exception of (a) any first mortgage of record made in good faith and for value, (b) any lien resulting from taxes, bonds, assessments and other levies or charges which would be superior.

Section 6.5 General Assessment. A general assessment shall be made by the Board, in its sole discretion, on an annual basis for each calendar year, and at least thirty (30) days prior to January 1 of each successive year. The Board shall notify each Residential Owner in writing of the amount of the general assessment for the upcoming calendar year. Payment of such general assessment shall be made on a monthly, quarterly, semi-annual or annual basis to the Association and shall begin on January 1 of each calendar year, unless such payment terms are otherwise designated or approved by the Board. No increase in the general assessment shall exceed ten percent (10%) above the general assessment for the immediately preceding calendar year, unless an increase exceeding ten percent above the immediately preceding calendar year is recommended by the Board and approved by two-thirds vote of the members of the Association. 

Section 6.6 Special Assessment. In order to levy a special assessment, the Board shall state the purpose for such assessment and shall recommend the amount of such assessment to the Association. The special assessment shall be deemed approved unless seventy-five percent (75%) of the members present and voting against the approval of the special assessment at a special meeting called for approval of a special assessment. Upon approval of such assessment, the Board, in its sole discretion, shall determine the terms, manner and due dates by which such assessment shall be paid, and the Board shall notify each Residential Owner in writing of such assessment and payment terms.

Section 6.7 Meeting for Special Assessments. Each Residential Owner shall receive written notice, at least fifteen days in advance, of any meeting in which the Association shall vote on any recommendation from the Board related to a special assessment. Such meeting shall require a quorum of at least seventy-five percent (75%) of such Residential Owners.

Section 6.8 Assessment for Violation of these Covenants. Each Residential Owner is obligated to remain in compliance with each and every covenant, condition and restriction contained herein. If an Owner is found to be in violation, the Board shall give notice to the Owner of the violation and provide a reasonable  time to correct the violation. In the event an Owner fails to correct the violation within thirty (30) days, or other such time as provided by the Board, the Board may issue a special assessment against the property in the form of a fine. Said fine may be secured by recording a lien against the property and in favor of the Association. An assessment issued due to a violation is not subject to a vote of the membership.

Section 6.9  No Assessments Shall Predate Recording Date of Declaration. No assessment of any kind shall be assessed or collected by the Association as to any Lot, for any period prior to the date this Declaration was filed of record in the office of the Oklahoma County Clerk.

ARTCILE VII

Duties of Association and Owners

Section 7.1 Owners. Each owner of a lot shall be solely responsible for payment of all ad valorem and personal property taxes assessed thereon, for the payment of the assessments made pursuant to Article VI hereof, and for all maintenance and repairs to his or her lot and the improvements thereon, including the maintenance of the landscaping required by the Design Criteria set forth in Exhibit “B” attached hereto, except for the maintenance of the lawn which is to be maintained by the Association.

Section 7.2 Association. The Association shall be responsible to maintain the Common Areas owned and/or maintained by the Association, and to insure the improvements thereon, if any, and to maintain liability insurance on behalf of the Association, and its officers and directors. In addition, the Association shall be responsible to maintain the lawns of each private lot.  

ARTICLE VIII

Signs

Section 8.1 Signs. No sign of any kind shall be displayed to the public view on any lot or the Common Area without prior written consent of the Board or its designate except customary name and address signs. The Board on behalf of the Association shall have the right to erect reasonable and appropriate signs on the Common Areas.

ARTICLE IX

General Provisions

Section 9.1 Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owner of any land subject to this Declaration, and their respective legal representatives, heirs, devisees, personal representatives, trustees, successors, assigns, for a term of fifteen (15) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then owners of seventy-five percent (75%) of the lots has been recorded, agreeing to change said covenants and restrictions in whole or in part; any such amendment must be implemented in accordance with processes set forth in the Oklahoma Statutes related to Owners’ Associations.

Section 9.2 Notices. Any notice required to be sent to any member or owner under the provisions of this Declaration shall be deemed to have been properly sent when deposited in the United States mail, postpaid, to the last known address of the person who appears as a member or owner on the records of the Association at the time of such mailing.

Section 9.3  Amendment. Any Amendment to this Declaration shall require both the assent of at least seventy-five percent (75%) of the owners of lots subject to this Declaration and the assent of the Declarant as long as the Declarant owns one lot in The Reserve. Any Amendment shall be in writing and must be recorded.

Section 9.4 Enforcement. The Association, any Owner or the Declarant, shall have the right to enforce by proceedings at law or in equity, all restrictions, covenants, conditions, and liens now or hereafter imposed by this instrument or any amendment thereof. Failure by any of the forgoing entities or any Owner to enforce the same shall not be deemed a waiver of such right.

Section 9.5 Severability. Invalidation of any one or more of these covenants or restrictions by judgment or court order shall in no way affect the remaining provisions which shall remain in full force and effect.

Section 9.6 Lots Subject to Provisions of This Declaration. Each lot conveyed shall be subject to this provision of this Declaration. Each deed for conveyance of a lot shall recite that the lot and owner thereof is subject to the provisions of this Declaration.

Section 9.7 Notice of Sale of Lot. Each owner is required to give the Association notice in writing of any sale or transfer of a lot to any other person prior to the closing on any sale or the transfer of the lot

Section 9.8 Indemnification. The Association shall indemnify every officer and director against any and all expenses, including council fees, reasonably incurred by or imposed upon any officer or director in connection with any action, suit or other proceeding (including settlement of any suit or proceeding if approved by the then Board of Directors) to which they may be made a party by reason of being or having been an officer or director at the time such expenses are incurred. The officers and directors shall not be liable for any mistake of judgement, negligence, misconduct or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be member of the Association) and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association shall as a common expense maintain adequate general liability and officers’ and directors’ liability insurance to fund this obligation.

ARTICLE I

Definitions

The following words when used in this Declaration (unless the context shall be prohibitive) shall have the following meanings:

Section 1.1 “Association” shall mean and refer to The Reserve Homeowners Association, Inc.

Section 1.2 “Board” shall mean the Board of Directors of the Association.

Section 1.3 “Certificate” shall mean the Certificate of Incorporation of the Association, filed in the office of the Secretary of State of the state of Oklahoma, as such Certificate may from time to time be amended.

Section 1.4 “By-Laws” shall mean the By-Laws of the Association which are or shall be adopted by the Board, as such By-Laws may from time to time be amended.

Section 1.5 “Rules” shall mean the Rules of the Association adopted by the Board, as they may be in effect from time to time pursuant to the provisions hereof.

Section 1.6 “Occupancy” of any lot shall mean that point in time when the first member of the owner’s family or anyone authorized by the owner moves into the dwelling located thereon.

Section 1.7 “Member” shall mean those persons so persons so defined in Sections 4.1 of Article IV below.

Section 1.8 “Maintained Areas” shall mean and refer to all common areas now existing or existing in the future, including, but not limited to, the private streets, the security gate, the guardhouse, the clubhouse, the signs, the walls and fences, the landscaping, roads, ponds, irrigation systems, fountains, street lights, landscape lighting and bridges, and those parts of the private areas pertaining and limited to maintenance of private lawns, fields and sports fields.

Section 1.9 “Lots” shall mean only those residential lots shown on the recorded Plat for The Reserve, that form the residential community known as The Reserve. Those lots are Block 1, Lots 1-10 and Block 2, Lots 1-16, along with any areas designated as Common Areas of the final plat for The Reserve, all of which are shown on the final plat of The Reserve, which is recorded at Book ___, Page ___ in the office of the Oklahoma County Clerk, Oklahoma County, Oklahoma.

Section 1.10 “Person” shall mean an individual, corporation, partnership, association, trust or other legal entity, or any combination thereof.

Section 1.11 “Owner” shall mean the record owner, whether one or more persons, of the fee simple title to any lot that is subject to this Declaration, including contract sellers, but shall not include a mortgagee, unless such mortgagee has acquired title pursuant to foreclosure or deed in lieu of foreclosure; nor shall such term include any other who has an interest merely as security for the performance of an obligation.

Section 1.12 “Declarant” shall mean Timber Ridge Properties, LLC, an Oklahoma Limited Liability Company, or its successors and assigns.

Section 1.13 “Common Areas” shall mean those areas and private streets located within The Reserve that have been or will be conveyed to the Association. The common areas other than the private streets are the common areas designated as common areas as shown on the final plat for The Reserve, any common wall and fence surrounding The Reserve, the gates and entry ways of The Reserve. Common Areas shall also include any area so designated by Developer prior to assigning the duties and obligations to the Association as detailed in Article II, or any area so designated at a later time through appropriate procedures.

Section 1.14 “Private Streets” shall mean the private streets within The Reserve known as NW 210th Street and Rush Creek Road.

ARTICLE II

The Reserve Homeowners Association

Section 2.1 The Association is hereby vested with the power and the duties as prescribed by Oklahoma law, this Declaration, the certificate of incorporation of the Association and the By-Laws for the Association.

Section 2.2 The Association shall have a Board of Directors. The Association may only act through its Board and the Board may act only upon matters as determined by a majority vote of the Board to carry out the provisions of this Declaration or any amendment hereto that may be approved by a vote of at least seventy-five percent (75%) of the members of the Association.

Section 2.3 In addition to any powers vested in the Association pursuant to the laws for the State of Oklahoma, the Association through its Board shall have the power and the duties to perform the following acts.

A. Property Taxes and Assessments. The Association shall pay all real and personal property taxes and assessments levied upon any portion of the Common Areas or other property owned by the Association. This shall include all charges for water, electricity, and other utilities provided to the Common Areas.

B. Property Insurance. The Association may keep any Improvements in the Common Areas insured against loss or damage from such hazards and with such policy limits as it may deem desirable. The Association shall be the owner and beneficiary of such insurance.

C. Liability Insurance. The Association shall have the power to obtain and maintain comprehensive public liability insurance, in such limits as it shall deem desirable, and workmen’s compensation insurance and other liability insurance as it may deem desirable.

D. Other Insurance. The Board, at its option, may elect for the Association to obtain blanket insurance policies or umbrella insurance policies, as to one or more of the types of insurance required or deemed advisable, including insurance for indemnification of any officer or director of the Association, by the Association or its members with such policy limits as may be deemed advisable by the Board.

E. Management Contracts. The Association shall have the power and authority to enter into management agreements with management organizations of its choosing for the maintenance of the Common Areas and the Improvements located thereon. The Association has the authority to enter into management agreements with management organizations of its choosing for the maintenance of the Common Areas and the Improvements located thereon. The Association shall also have the authority to enter into agreements concerning the lawn maintenance for the lot of each of its members.

F. Association Rules. The Association may, from time to time, adopt, amend, modify, revise, repeal, and enforce certain rules and regulations to be known as The “Association Rules” for the purposes of maintenance and use of the subject property and enforcing the covenants, conditions and restrictions of this declaration. The Association Rules and any amendment thereof shall be binding upon all members upon approval of the rules by a majority vote of the Board and shall remain enforce and effect unless said rules are repealed or amended by a vote of no less than seventy-five (75%) of the members of the Association. A copy of the Association Rules and amendments once adopted shall be mailed or otherwise delivered to each Residential Owner.

G. Enforcement Powers. The Association through its Board shall have the power to enforce the covenants, conditions, and restrictions of this declaration and the Association Rules and shall have the power to adopt rules and procedures for the enforcement of covenants, conditions and restrictions of this declaration.

H. Easements. The Association shall have the power to grant any easement over and across the common areas for the utility purpose or any other purpose deemed necessary by the Association and the power to transfer or dedicate any portion of the common areas necessary for utilities or any purpose deems necessary by the Board.

I. Borrow Money. The Association shall have the power to borrow money for the purposes of maintenance and improvement of the common areas and any structure built thereon.

J. Acceptance of Common Areas. The Association shall have the power to accept the conveyance of any common area or easement the Board deems necessary to carry out the purposes of this Declaration.

K. By-Laws and Powers of The Board of Directors. The Association shall have the power to adopt by-laws and the power to delegate duties to the Board through its by-laws and rules to carry out the purposes of this Declaration.

ARTICLE III

The Board of Directors of the Association

Section 3.1 The Association shall have no less than three and no more than five directors who shall be elected by a vote of the residential owners and the declarant, except the Declarant shall appoint the initial directors as set forth in Section 3.2.

Section 3.2 The members of the Board of Directors shall be those members designated in the certificate of incorporation of the Association until new directors are elected at the first annual meeting of the Association in accordance with its By-Laws. The Declarant will have the right to appoint one director as long as the Declarant owns at least one lot in The Reserve.

ARTICLE IV

Membership and Voting Rights in the Association

Section 4.1 Membership. Membership in the Association shall be mandatory for all owners and shall be restricted to the Declarant and those owners of a residential lot that is subject to this Declaration. Other than the Declarant, the membership of an owner shall become effective for all purposes upon the owner’s purchase of a lot as shown by a recorded deed in the name of the owner for the lot. Membership shall be appurtenant to and may not be separated from ownership of any lot. The Declarant shall remain a member of the Association as long as the Declarant owns a residential lot.

Section 4.2 Voting Rights. Each member, including the Declarant, shall have the right to vote on any matter that is or should be required to be submitted to the vote of the membership at any annual meeting or special meeting of the Association. Each member, except the Declarant, shall be entitled to one vote for each lot in which the member holds an interest required for membership specified in Section 4.1. The Declarant shall have three votes for each lot owned. When more than one person holds such interest or interest in any one lot, the vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot, except for those lots owned by the Declarant who has three votes for each lot owned.

ARTICLE V

Property Rights

Section 5.1 Use and Maintenance of Lots. Each owner of a lot shall have the right to use his lot for residential purposes by the owner only. The lot can not be used for any commercial purpose or speculative investment purpose. No business shall be operated on the premises. An owner is prohibited from leasing short term rentals such as VRBO, AirBNB, or any other service, rental or lease of fewer than twelve months. Such leasing activity is considered a commercial purpose or use that is prohibited by the covenants in this Declaration. Except for lawn maintenance to be provided by the Association each owner will be required to maintain his property in accordance with the provisions of this Declaration and the Association rules. The construction or exterior alteration to any structure upon any lot shall be constructed in accordance with the architectural and design guidelines, which are attached to this Declaration as Exhibit “B” and are made a part this Declaration. No construction or exterior alteration of any structure shall be approved that is not in accordance with the architectural and design guidelines, which are set forth in Exhibit “B”.

Section 5.2 Boats, Trailers and Motorhomes. Boats, trailers, and motorhomes are neither permitted to be stored at the residence nor parked near the garage or on the driveway of a residence for periods exceeding 24 hours, except periodic parking of a boat on the driveway of a residence for longer than 24 hours will be permitted during summertime boating season. In a garage or workshop where they cannot be seen is permitted.

Section 5.3 Parking on Streets Prohibited. Automobiles, motorhomes, or any other type of motor vehicle, trailers and boats shall not be parked on the streets or in any common area.

Section 5.4 Basketball or Sports Goals Prohibited. No basketball or other sport goal shall be erected on a lot or attached to any home. A movable sports goal may be used on a lot as long as the movable goal is stored in the garage when not in use.

Section 5.5 Animals. No inherently dangerous animal, livestock or pet may be held, maintained, boarded, bred, sheltered, or kept within The Reserve on a temporary or permanent basis. Inherently dangerous shall include, but is not limited to, any domestic, wild, or exotic mammal or reptile whose breed is commonly known as dangerous or aggressive (ie. pit bulls), or who is defined as dangerous or aggressive under any state or local regulation or law, or that are specifically excluded from homeowners’ coverages. Inherently dangerous shall also include

any animal or reptile who has been known to attack or bite other animals or reptiles or any human – regardless of provocation.

All pets of any kind, nature, or breed must be maintained on a leash at all times that it is not within the confines of the owner’s house or fenced yard.

No pet or animal will be allowed to be maintained outside of the home if it engages in excessive barking or other sound.

Section 5.6 Native Wildlife. No gun-based weapons may be discharged in the property within The Reserve and all state and local animal control laws or regulations apply. Each Owner is required to dispose of any expired wildlife properly and responsibly. Under no circumstance shall any expired wildlife or pet be relocated to any common area.

Section 5.7 Noxious Activity. No noxious or offensive trade or activity shall be carried out upon any lot, nor shall anything be done thereon that may be or may become an annoyance or nuisance to any other Owner. This shall include, but is in no way limited to, hobbies, trades, pets, or other activities which result in excessive or persistent loud sounds or strong odors.

Section 5.8 No Ownership Rights in Common Areas. Members of the Association shall have no individual ownership rights in the common areas, except each member shall have the right to an easement of enjoyment for and into the common areas, subject to reasonable restrictions that may be adopted by the Association and its Board. The maintenance of the common area shall be the responsibility of the Association. The Board may deny a member his/ her easement of enjoyment if the member fails to pay an assessment or violates any other rules or regulations of the Association.

ARTICLE VI

Covenant for Assessments

Section 6.1 Consent of Owners to the Levy of Assessments by Association. The Association shall have the right, power and authority to levy assessments against each Lot as the Board may decide to levy from time to time for purposes defined herein. Such

assessment shall either be classified as a general assessment or a special assessment. Each owner, by acceptance of a deed for a Lot, is deemed to covenant and agree to pay any and all such assessments. Any general assessment levied against a Lot by the Association shall be used exclusively (a) for the maintenance and improvement of any and all Common Areas, (b) repair and maintenance of the gated entry, (c) lawn maintenance in the front and backyards of each Lot, (d) all maintenance and improvement of the private streets, (e) any expense to indemnify any director or officer in accordance with the Association’s By-Laws. The general assessment shall include the establishment of adequate reserves for repair, maintenance and replacement of capital items. A special assessment may be levied by a majority vote of the Board of Directors for any purpose the Board deems necessary unless the special assessment is disapproved by a vote of at least seventy-five percent (75%) of the member votes of the Association at a special meeting called for such purposes.

Section 6.2 Creation of Lien and Personal Obligation of Owners for Association. Each assessment approved and levied by the Board for the Association shall become the personal obligation of each owner of each lot at the time the assessment becomes due for each lot. Each assessment shall also constitute a lien on the lot or lots owned by each member of the Association until the owner of the lot pays in full the assessment attributed to their lot or lots. Assessments shall be paid in the manner and on the date as may be fixed by the Board for the Association. If the Assessment is not paid as prescribed by the Board, the Board may charge the owner a reasonable rate of interest to be determined by the Board and may assess other costs, such as attorney fees, which shall also be the personal obligation of the owner and shall become a part of the lien against the lot of the owner until paid in full.

Section 6.3 Enforcement of Lien. The Association through its Board may take any action legally necessary to collect the payment of any assessment levied against any owner.

Section 6.4 Priority of Lien. Such lien provided herein shall be superior to all the other liens, with the exception of (a) any first mortgage of record made in good faith and for value, (b) any lien resulting from taxes, bonds, assessments and other levies or charges which would be superior.

Section 6.5 General Assessment. A general assessment shall be made by the Board, in its sole discretion, on an annual basis for each calendar year, and at least thirty (30) days prior to January 1 of each successive year. The Board shall notify each Residential Owner in writing of the amount of the general assessment for the upcoming calendar year. Payment of such general assessment shall be made on a monthly, quarterly, semi-annual or annual basis to the Association and shall begin on January 1 of each calendar year, unless such payment terms are otherwise

designated or approved by the Board. No increase in the general assessment shall exceed ten percent (10%) above the general assessment for the immediately preceding calendar year, unless an increase exceeding ten percent above the immediately preceding calendar year is recommended by the Board and approved by two-thirds vote of the members of the Association.

Section 6.6 Special Assessment. In order to levy a special assessment, the Board shall state the purpose for such assessment and shall recommend the amount of such assessment to the Association. The special assessment shall be deemed approved unless seventy-five percent (75%) of the members present and voting against the approval of the special assessment at a special meeting called for approval of a special assessment. Upon approval of such assessment, the Board, in its sole discretion, shall determine the terms, manner and due dates by which such assessment shall be paid, and the Board shall notify each Residential Owner in writing of such assessment and payment terms.

Section 6.7 Meeting for Special Assessments. Each Residential Owner shall receive written notice, at least fifteen days in advance, of any meeting in which the Association shall vote on any recommendation from the Board related to a special assessment. Such meeting shall require a quorum of at least seventy-five percent (75%) of such Residential Owners.

Section 6.8 Assessment for Violation of these Covenants. Each Residential Owner is obligated to remain in compliance with each and every covenant, condition and restriction contained herein. If an Owner is found to be in violation, the Board shall give notice to the Owner of the violation and provide a reasonable time to correct the violation. In the event an Owner fails to correct the violation within thirty (30) days, or other such time as provided by the Board, the Board may issue a special assessment against the property in the form of a fine. Said fine may be secured by recording a lien against the property and in favor of the Association. An assessment issued due to a violation is not subject to a vote of the membership.

Section 6.9 No Assessments Shall Predate Recording Date of Declaration. No assessment of any kind shall be assessed or collected by the Association as to any Lot, for any period prior to the date this Declaration was filed of record in the office of the Oklahoma County Clerk.

ARTICLE VII

Duties of Association and Owners

Section 7.1 Owners. Each owner of a lot shall be solely responsible for payment of all ad valorem and personal property taxes assessed thereon, for the payment of the assessments made pursuant to Article VI hereof, and for all maintenance and

repairs to his or her lot and the improvements thereon, including the maintenance of the landscaping required by the Design Criteria set forth in Exhibit “B” attached hereto, except for the maintenance of the lawn which is to be maintained by the Association.

Section 7.2 Association. The Association shall be responsible to maintain the Common Areas owned and/or maintained by the Association, and to insure the improvements thereon, if any, and to maintain liability insurance on behalf of the Association, and its officers and directors. In addition, the Association shall be responsible to maintain the lawns of each private lot.

ARTICLE IX

General Provisions

Section 9.1 Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owner of any land subject to this Declaration, and their respective legal representatives, heirs, devisees, personal representatives, trustees, successors, assigns, for a term of fifteen (15) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then owners of seventy-five percent (75%) of the lots has been recorded, agreeing to change said covenants and restrictions in whole or in part; any such amendment must be implemented in accordance with processes set forth in the Oklahoma Statutes related to Owners’ Associations.

Section 9.2 Notices. Any notice required to be sent to any member or owner under the provisions of this Declaration shall be deemed to have been properly sent when deposited in the United States mail, postpaid, to the last known address of the person who appears as a member or owner on the records of the Association at the time of such mailing.

Section 9.3 Amendment. Any Amendment to this Declaration shall require both the assent of at least seventy-five percent (75%) of the owners of lots subject to t

and the assent of the Declarant as long as the Declarant owns one lot in The Reserve. Any Amendment shall be in writing and must be recorded.

Section 9.4 Enforcement. The Association, any Owner or the Declarant, shall have the right to enforce by proceedings at law or in equity, all restrictions, covenants, conditions, and liens now or hereafter imposed by this instrument or any amendment thereof. Failure by any of the forgoing entities or any Owner to enforce the same shall not be deemed a waiver of such right.

Section 9.5 Severability. Invalidation of any one or more of these covenants or restrictions by judgment or court order shall in no way affect the remaining provisions which shall remain in full force and effect.

Section 9.6 Lots Subject to Provisions of This Declaration. Each lot conveyed shall be subject to this provision of this Declaration. Each deed for conveyance of a lot shall recite that the lot and owner thereof is subject to the provisions of this Declaration.

Section 9.7 Notice of Sale of Lot. Each owner is required to give the Association notice in writing of any sale or transfer of a lot to any other person prior to the closing on any sale or the transfer of the lot

Section 9.8 Indemnification. The Association shall indemnify every officer and director against any and all expenses, including council fees, reasonably incurred by or imposed upon any officer or director in connection with any action, suit or other proceeding (including settlement of any suit or proceeding if approved by the then Board of Directors) to which they may be made a party by reason of being or having been an officer or director at the time such expenses are incurred. The officers and directors shall not be liable for any mistake of judgement, negligence, misconduct or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be member of the Association) and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association shall as a common expense maintain adequate general liability and officers’ and directors’ liability insurance to fund this obligation.

The Reserve Architectural and Design Guidelines

The following are the architectural and design guidelines for construction in The Reserve.

A. General Requirements.

1. All homes to be built in Rush Creek are to be single-family residences with a minimum of 2,500 square feet with a minimum 10' Plate Height in Lots 1 - 31, a minimum of 4500 square feet with a minimum 12' Plate Height in Lots 32 - 51. In computing the square footage, open porches, carports and garages will be excluded.

2. The construction of a home on a lot owned by a party other than the Declarant must be completed to a point of having the exterior finished and landscaping in place in accordance with the approved plans within twelve (12) months of commencement of construction of a home. Unless the owner can demonstrate good cause for why construction should extend beyond that twelve (12) month period.

3. Construction of homes must meet the following setback requirement;

a. 50-foot front setback

b. 20-foot sideyard setback

c. Rear setback to utility easement

4. To ensure quality of the homes, the homes must be built by a builder approved by the Design Review Committee

5. The home must be constructed in accordance with the design parameters set forth below.

6. Landscaping of the residence must meet the minimum requirements for landscaping set forth below

7. Prior to any site clearing or the construction of a home, the construction plans for a home and landscaping plans must be approved in writing by the Design Review Committee as set forth in the design review process.

B. The Design Review Committee and Construction Plan Review Process.

1. Design Review Committee and Authority.

a. A Design Review Committee (“DRC”) comprised of those builders and persons to be named by the Declarant as long as the Declarant owns a lot in Rush Creek and thereafter by the Board. The DRC shall have the right to review the preliminary plans and final plans and the owner of a lot must obtain written approval of the final plans for construction before any site-clearing or construction may begin on

a lot in Rush Creek either for new construction or alteration of an existing structure.

b. Prior approval of construction plans by the DRC shall be required for any building, construction, erection, placement, or reconstruction of any Improvement on any Lot, or any exterior renovation to any Residence, or for such other matters as may be provided in this Declaration.

c. For any new construction or exterior alterations/ changes to an existing residence, the owner of a lot shall submit construction plans in accordance with the review process set forth below.

d. The DRC shall meet within seven (7) days of the submission of any Preliminary or Final Plans submitted by an owner in accordance with the review process set forth below. The DRC shall advise the owner in writing no later than fourteen (14) days after a review has been had of either preliminary or final plans whether the plans have been approved. All decisions of the DRC shall be final. All decisions made by the DRC shall be made in writing and delivered to the Lot owner in a timely manner.

e. After receiving written notice of approval of final construction plans from the DRC, the owner shall have six (6) months to begin construction of their homes; provided however, the owner must obtain approval for final construction plans so that construction of any home will be commenced within twelve (12) months after the closing on the purchase of any lot by an owner as required in paragraph A(2) of these Architectural and Design Guidelines. If construction is not commenced within the required time, the owner must resubmit his plan for approval to DRC before they can begin construction.

2. New Construction or Exterior Alteration Review Process

a. Approval Required. New construction for a home or exterior alteration to an existing home in The Reserve shall not begin until the following review process has been accomplished and approval for final construction or exterior alteration plans have been approved by DRC:

1. Review of Preliminary Construction or Exterior Alteration Plans. Prior to construction or exterior alteration, the owner must submit preliminary or exterior alteration plans to DRC. At a minimum, this submission should contain information indicating the type of materials and color of the materials to be used for the exterior of the proposed home and shall include a site plan with setback lines, drainage plan, preliminary floor plan and elevations with materials clearly indicated. A scale drawing of this site plan with the footprint of the home within setback lines shall be included.

2. The DRC shall advise the owner whether the preliminary plans have been approved in accordance with Section B.1(d) above.

3. The approval of preliminary plans does not authorize the owner to begin new construction or exterior alterations. The owner still must obtain approval of

final construction or exterior alteration plans prior to commencing site clearing or new construction or exterior alterations.

b. Review of Final New Construction or Exterior Alteration Plans. After preliminary plans for either new construction or exterior alteration has been approved by DRC the owner shall submit final new construction or exterior alteration plans for review and approval by DRC before any site clearing, new construction or exterior alterations begin. The final plans for new construction or exterior alterations must include the following:

1. Site plan (scale 1”=20’) prepared by a registered site survey with property lines or site plan based on recorded plat;

2. Elevations of property corners, center of building, culvert inlets, edge of roadway and finished floor elevations;

3. Tree survey showing location and species of trees 3” diameter at breast height (DBH) or larger;

4. Setback lines;

5. Building outline including service yard and front and rear corners of adjacent buildings;

6. Drives, parking areas, walks, patios, etc. (indicate type of material of these items);

7. Drainage and grading plan with the existing contours indicated by dashed lines and proposed grades indicated by solid lines; the drainage pattern shall be indicated by arrows to show that the final grading will not direct drainage onto adjacent properties. It is the responsibility of the owner and the owner’s agent to ensure that drainage is in accordance with the approved plans and the master plan of the Development;

8. Location and identification of special features such as drainage ditches, easements, retaining walls, etc.;

9. Notation of location of utilities, existing phone pedestals, transformers, water and sewer services and connections;

10. Floor Plans showing the roof outline, entry steps, service yard details such as screening and all other architectural features (min 1/8”=1’);

11. Roof Plan indicating the roof pitch, an outline of the building walls below, the roof outline and any other pertinent features;

12. Elevation Drawings must include all four (4) elevations, indicate existing grades and finished grades, exterior finishes of materials, roof pitch, window and door designs, service yard enclosure, screening of meters and equipment and any other pertinent information such as the windscreen for chimney;

13. Color and Material Specifications to be used on the exterior must be identified in the Application;

14. Detail Drawings showing wall sections, service area enclosure details, and other architectural details. A schedule of window types and finish colors shall also be included;

15. Electrical Plans shall show the location of the meter setting, locations and specifications and fixtures of exterior lighting including security lighting and other electrical equipment for pools, etc.;

16. Preliminary Landscape Plan shall be submitted prior to installation, but prior to completion of the construction of the home. Changes to these drawings will be handled at field inspection. They must meet or exceed the standards approved on the original landscape plan. Drainage plan must be shown on landscape plan; and

17. Grading Plan shall be submitted, which indicates a drainage plan, any proposed grade changes and proposed erosion control devices, with the final review packet.

After the DRC has made their final approval, the homeowner and their builder shall receive a signed Letter of Approval. At this time new construction, including site preparation or exterior alterations of a home at The Reserve, may begin.

All buildings and landscape plans must be approved in writing by the DRC. The owner and the building’s contractor are jointly responsible that approved plans are followed in all aspects with respect to the exterior of the house and grounds. Construction is to be complete to a point of having the exterior finished and landscaping in place in accordance with the approved plans within twelve (12) months of commencement of the construction or exterior alteration of a home. The owner may not deviate in any manner from the final new construction or exterior alteration plans approved by DRC without prior approval from DRC.

C. Design Parameters for Construction of Homes

1. Foundation. There shall be no exposed stem wall.

2. Material. 75% of the preliminary exterior finish, other than glass, of the exterior wall in all buildings shall be brick, stone, or stucco, unless otherwise approved by the DRC.

3. Roofs. Accessories and Equipment. The roof pitch on the preliminary roof for all residences shall be in strict conformity with the general style of the home. The DRC shall have full discretion on approving the pitch of any roof. The minimum roof material shall be CertainTeed Grand Manor or their Impact resistant version - roofing material is selected, the acceptable colors are weather wood, Stonegate gray, gatehouse slate, colonial slate and black. DRC approval is required for rooftop materials and accessories, unless specifically accepted in this paragraph. All rooftop equipment must match roofing colors or be a color that compliments the house and must be placed as inconspicuously as possible. Exposed flashing,

gutters and downspouts must be painted to match the fascia and siding of the structure. No exposed attachment straps will be allowed.

Any installed solar energy equipment shall have the appearance of a skylight, shall have a finished trim material or curb, and shall not be visible from the street or detract from the building elevations.

4. Driveways. Asphalt drives and parking areas are not permitted. Driveways and parking areas must be concrete or other hard-surface approved by the DRC.

5. Flagpoles. Flagpoles at the residences are permitted but shall be properly located and in scale with the residence.

6. Decks, Patios, and Pools. Decks and patios must be similar to or generally recognized as complementary in color and style to the exterior of the residence. Inground pools are permitted as an integral part of the deck/ patio area and/or rear yard landscaping and shall not adversely impact any neighbor’s sight lines. Pools shall be fenced for safety purposes which shall be approved by the DRC and owners may be required to install safety devices such as locks or covers for these items when they are not in use. Above ground pools and dome-covered pools are not permitted.

7. Lighting. Exterior lighting shall be subdued and directed or reflected so as not to adversely affect neighbors.

8. Garages. Garages must be attached and must be at least two (2) cars wide. Where homesite width permits, side entry garages are encouraged. If side entry is not possible, garage doors shall be divided so as to have two separate entries and treated in an architecturally appropriate manner. Garage doors shall not dominate the street view of the home, shall be decorative wood garage doors with applied molding and shall have an offset. Automatic garage door openers are required on at least two garage doors.

9. Accessory Buildings. Accessory buildings are allowed but they absolutely MUST match the home and be approved by the DRC

10. Chimneys. Chimney coverings must be brick, stone, or stucco.

11. Landscaping. Prior to installation of landscaping, final landscape plans must be approved by the DRC. Changes to landscaping are permissible during field inspections by DRC at DRC’s discretion. However, any change must meet or exceed the requirements of the original landscape plan approved by DRC. The drainage plan for landscaping must be shown on the landscape plan. All lawn areas must be covered with sod. Trees and shrubs must be planted in accordance with the approved plan and be completed in accordance with the completion of the house. A minimum of five percent (5%) of the build budget (minimum of $35,000) is required in landscaping; however, the cost of sod and a sprinkler system is not included in this calculation. A minimum of 80% of the account of landscaping shall be dedicated to the front and side of the house and 20% to the back of the house. (See additional requirements under Landscaping.)

12. Fences. All new and replacement fences, walls and barrier devices shall require DRC approval prior to construction or installation. The DRC will establish an

acceptable style for privacy fencing and open fencing. The fence design, dimensions, material, color, and location must be approved by the DRC.

Fences within The Reserve may be constructed of masonry, stone, brick, or metal. Privacy fences are considered an integral part of the design of the residence. Columns may be no higher than seven (7) feet and fences no higher than six (6) feet, and come no closer than 5' to any property line or obstruct view of ponds.

No fencing shall extend beyond the front face of the house. Stockade, plastic, wood, and chain link materials are not acceptable for fences.

Any fences, whether constructed by the owner or the Builder, shall be properly maintained. In the event a fence or wall is damaged or destroyed, the owner shall repair or recondition the same at the owner’s expense within a reasonable time.

13. Drainage. No activity shall occur on any homesite prior to, during or following construction which would impede natural drainage. No grading, scraping, excavation or other rearranging or puncturing of the surface of any homesite shall be commenced which will or tend to interfere with, encroach upon or alter, disturb or damage any surface or subsurface utility lines, pipe, well or easement. No activity or improvement shall direct drainage so as to negatively impact adjacent lots.

14. Satellite Dishes. The precise location of satellite dishes must be approved and dishes must be approved by the DRC; provided however, satellite dishes are not allowed to, and shall not, be located in front of any residence. Maximum dish size is 24” in diameter.

15. Burglar Bars. No burglar bars are permitted.

16. Doors and Windows. All doors and windows, whether new or replacements, shall be wood with clad exterior. No applied reflective glass or reflective tinting is permitted on windows. Series Low-E windows are permitted. Iron front doors are acceptable.

17. Utilities. Owner is responsible for location of damage to any existing utilities.

18. Irrigation. Sprinkler systems are required. All homesites must have an underground, automatic timer-controlled irrigation system to adequately irrigate all planting beds and grassed areas of the homesite. The DRC is not responsible for the system’s performance or function. The DRC shall not be held liable for any injury, damages or loss arising out of the manner or quality of approved irrigation systems.

19. Alterations to Residences. Once a residence is complete, then no exterior remodeling, renovations, repairs, or other work which in any way alters the exterior appearance of any Residence shall be permitted without the prior written approval of the DRC.

20. Mailboxes. All mailboxes will be individual for each residence and must be approved by the DRC. Brick and stone mailboxes are not allowed.

D. Landscaping

1. General. In order to assure all residents of The Reserve that the community will continue to be an attractive and pleasant place to reside, the DRC requires a landscape plan for all new residential construction. The final landscape plan must be submitted for review prior to installation and the landscaping work shall be completed in accordance with the completion of the residence, in accordance with B(2)(b)(16). A minimum of 5% lot/build cost or a minimum of $35,000 whichever is greater, which does not include the costs of sod and a sprinkler system (“Minimum Landscaping”), shall be required in landscaping. At least 80% of the Minimum Landscaping must be placed in the front and side of the residence and 20% in the back of the residence. The requirements for the landscape plan are:

a. Plans. The landscaping plan must be professionally prepared on a tree and topo survey indicating the existing and proposed vegetation. The plan should be drawn at a scale of 1/8”=1’. The plan should graphically illustrate location, lot number, adjoining lot border lines, nearest structure lines on adjoining homesites, sizes of plant material, lawn, mulched areas, and open areas. A schedule must be included on the landscaping plan indicating the following specifications for each plant:

Common name

Plant height at time of planting (2 gallon minimum)

Plant quantities

Identify grass and mulched areas

b. Trees. A minimum of two (2) trees is required in the front yard and a minimum of two (2) trees is required in the back yard. The trees planted under this requirement must be a minimum size of 3” caliper.

E. Obligations/Duties During Construction Process

1. The owner of any lot and their builder and/or contractor are jointly responsible to ensure full and reasonable cleanup of all roads, streets, sidewalks, jobsites, and common area(s) within twenty-four (24) hours. This includes, but is in no way limited to, removal of all dirt or mud spread by use of equipment or other construction services and operations or any other obstruction that may result from work being performed on the lot.

2. The owner of any lot and their builder are jointly responsible to ensure that all trash from any construction, excavation, renovation, or other action, is properly stored and maintained within a proper receptacle and is not allowed to build up in amount or volume. No trash, excess materials, or other rubbish shall be

maintained in a way that would allow to blow onto another lot or impede an adjacent property owner in any way.

3. If any owner or builder are found to be in violation of paragraphs 1 or 2, the Declarant or the DRC or any of its members, shall provide a four (4) hour notice of cleanup to the e-mail address provided by the builder with their application. No proof that the builder received the e-mail shall be required.

4. Failure to rectify the violation within the allotted time shall result in a fine in the amount of $500.00 plus the costs of cleanup. Said cleanup shall be secured by the Declarant or the Association from the entity or contractor of their choice. Subsequent violations may result in a fine in a higher amount, as determined by Declarant, the Association, or the DRC.

5. Construction vehicles must use construction entrance(s) and where possible Builders should put in and use a construction road. If construction vehicles must use the main road, they may never park on the main road. Use, loading or unloading must be done on the property belonging to the home being built. Builders are responsible for all costs or expenses incurred as a result of any damages to roads, curbs, driveways, or sidewalks caused by Builder or its employees, agents, representatives, suppliers, or subcontractors. This duty extends to all damages, including but in no way limited to, those that were the result of the weight of vehicles or equipment. All repairs shall be completed to the specifications of Declarant, the Association or the DRC.

F. Declarant’s Right to Amend

The Declarant retains the right to amend these design and architectural guidelines and such amendment shall be valid unless disapproved by a vote of the owners of seventy-five (75%) of the lots in The Reserve at a special meeting called and held for that purpose.

G. No Liability of Declarant and DRC and its Members

The Declarant and DRC and its members shall not be held liable to any owner by reason of any decision rendered by the Declarant and/or the DRC and its members with respect to approval or disapproval of any plans for construction, either for new construction or alterations to an existing structure submitted by an owner or in any way related to these design and architectural guidelines or any amendment thereof.

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE RESERVE