GAYLORD WEST RESTRICTIONS
Revised October 2006
1. USE. All lots are for single-family residence purposes only. All buildings must conform with the Otsego County Zoning Ordinance and Building Code. There shall be only one dwelling per lot.
2. ADDITIONAL REQUIREMENTS.
A) Architectural Approval. No building shall be constructed, erected, placed or maintained on said premises without first submitting the plans for approval to the Association Board. If not accepted or rejected in thirty days, the plans may be considered approved.
B) Dwelling Quality and Size.
1. No dwelling shall be erected, altered or permitted on any site in the subdivision unless it shall have a minimum enclosed living area of at least 1100 square feet. Living area, as used herein, shall include actual area within the outer surface of the outside walls, except any garage, unheated porch, breezeway or entranceway.
2. No dwelling shall be erected, altered or permitted on any site in the subdivision unless it shall have a two car attached garage.
3. No dwelling shall be erected, altered or permitted on any site in the subdivision unless it shall have a minimum roof pitch of 4/12.
C) All Dwellings.
1. Setbacks. All homes shall have a front setback of not less than forty (40) feet, at the side lines ten (10) feet, and at the rear line thirty-five (35) feet.
2. Completion Dates. All buildings, including those damaged by fire, shall have the exterior completed and the finish applied within one year from the start of construction or the date of the fire.
3. Landscaping is to be completed within two (2) years from the start of the construction project. This would include removal of any construction debris and/or brush piles, and the planting of grass, either by seed or sod, or any other ground cover.
4. Driveways. All developed lots shall have an improved driveway of concrete or pavement extending from the structure to the paved road edge.
3. TEMPORARY DWELLINGS. No temporary or unfinished structures may be occupied as a residence at any time prior to completion of the exterior and no building may be moved on said premises. No mobile home, garage, or any other structure may be placed on any lot for dwelling purposes on a permanent or temporary basis. This requirement is never to be modified or exceptions made.
4. FENCES. Back Yard Privacy Fences: Back yard privacy fences may be permitted provided that the fencing shall be built and maintained in a manner that will not be objectionable, annoying or detracting from the general beauty of the surrounding area. All fencing shall be of a natural finished wood or vinyl type material. No fencing shall be taller than 6 foot and must be erected along the ‘back yard lot lines’. The ‘back yard lot lines’ commences from the most rear corners of the dwelling, thence extending to the side lot lines, thence proceeding towards the rear of the lot, thence running along the rear lot line. All fencing shall be kept in good repair at all times. All fencing plans shall be approved by the majority of the Association Board prior to construction or modification. The Board shall send a copy of any proposed fencing plans to the adjoining lot owners within the Plat to permit such owners an opportunity to be heard. All such responses must be received by the Board within 10 days of such owner being mailed notice of the proposed fencing plans. The decision of the Association Board is final.
5. REFUSE DISPOSAL. Garbage or other waste or refuge of any kind or nature shall be kept in sanitary containers with tight fitting covers to keep out animals, rodents and insects. No activity or condition producing offensive odors shall be permitted on the premises. Burning of any material which tends to produce offensive odors of smoke is prohibited.
6. NUISANCE. No livestock, poultry or any other animals, except ordinary household pets not raised for commercial purposes, not any device or thing that shall constitute a nuisance shall be kept or maintained on any lot.
7. SIGNS. No signs, billboards or other advertising devices are permitted except those approved by the Association Board.
8. TREES. Mutilation of trees or shrubs or removal of the same is prohibited, except where necessary in building, or where the same are in an unsightly or dangerous condition.
9. COMMUNITY SEWER OR WATER. All water wells drilled on any lot within the subdivision shall be drilled to a minimum depth as determined by the Health Department. Each lot owner is responsible for continuing monitoring of the water quality from its well and bears the responsibility of notifying in writing local health officials and the Association Board of any changes in nitrate concentrations and/or presence of contaminants.
10. EASEMENTS. The right to grant easements for public utilities is hereby reserved by the Association Board.
11. GAYLORD WEST PROPERTY OWNERS’ ASSOCIATION. Each of the said owners and all subsequent owners of each lot, agree for themselves, their heirs and assigns, to maintain membership in the Gaylord West Property Owners’ Association (herein referred to as the “Association”), so long as they are owners of the said premises and to be bound by and comply with all the rules, regulations and restrictions adopted from time to time by the Association. Annual dues shall be determined by the Association Board but not to exceed sixty ($60.00) dollars per lot.
12. EXCEPTIONS. The right and privilege of approving non-substantial exceptions to these restrictions is reserved to the majority of the members of the Association in good standing, when in their opinion such exceptions should be made, without thereby assuming or creating any liability on the part of anyone by reason of exception.
13. MODIFICATIONS. All restrictions herein and hereon, may be amended, changed or have new restrictions added thereto by action of the majority of the members of the Association who are in good standing.
14. SEVER ABILITY. Invalidation of any of the covenants, conditions or limitations in this instrument obtained by judgment or court order, shall not in any way affect the other covenants, conditions or limitations which shall remain in full force or affect.
15. ENFORCEMENT. If any person shall violate, or attempt to violate, any of the covenants or restrictions herein contained, it shall be lawful for any person or persons owning any lot or building site in said subdivision to prosecute any proceeding at law or in equity against such person or persons, either to prevent them from doing or to recover damaged or other dues for such violation. Any person found legally in violation of the restrictions shall be responsible for any and all fees and costs including, but not limited to, attorney fees, incurred as the result of the prosecution of the violation.
16. NON-COMPLIANCE. Any property not in compliance with the Gaylord West Property Owners’ Association Restrictions that were in effect as of May 2000 (and recorded at Liber 786 Pages 184-187) will not be in violation for a current non-compliance. However, at such time the interest in the property is transferred by any method, legal or equitable, the property shall be brought in compliance with the restrictions within 30 days of said transfer.