Gaylord West Property Owners Association
Gaylord West Property Owners Association Restrictions
GAYLORD WEST RESTRICTIONS
Revised February 2025
(Updated 2025 Amendment and Restatement)
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
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 includes actual area within the outer surface of the outside walls, except any garage, unheated porch, breezeway or entranceway.
No dwelling shall be erected, altered or permitted on any site in the subdivision unless it shall have a two car attached garage.
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
Setbacks:
Front setback: 40 feet
Side setbacks: 10 feet
Rear setback: 35 feet
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.
Landscaping:
Landscaping must be completed within two years from the start of construction. This includes removal of construction debris and brush piles, and planting of grass (seed or sod) or other ground cover.
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 may be permitted provided that the fencing is built and maintained in a manner that will not be objectionable, annoying, or detracting from the general beauty of the surrounding area.
Fencing must be natural finished wood or vinyl.
Maximum height: 6 feet.
Fencing must be erected along the “back yard lot lines”, defined as:
From the most rear corners of the dwelling → extending to the side lot lines → proceeding toward the rear of the lot → running along the rear lot line.
Fencing must be kept in good repair.
All fencing plans must be approved by a majority of the Association Board before construction or modification.
The Board must send proposed fencing plans to adjoining lot owners, who have 10 days to respond.
The Board’s decision is final.
5. REFUSE DISPOSAL
Garbage or other waste shall be kept in sanitary containers with tight-fitting covers to keep out animals, rodents, and insects. No activity or condition producing offensive odors is permitted. Burning of any material producing offensive odors or smoke is prohibited.
6. NUISANCE
No livestock, poultry, or other animals except ordinary household pets not raised for commercial purposes shall be kept. No device or thing that constitutes a nuisance shall be 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 or removal of trees or shrubs is prohibited except where necessary for building or where vegetation is unsightly or dangerous.
9. COMMUNITY SEWER OR WATER
All water wells drilled on any lot must meet the minimum depth required by the Health Department. Each lot owner is responsible for ongoing monitoring of water quality and must notify, in writing, local health officials and the Association Board of any changes in nitrate levels or contaminants.
10. EASEMENTS
The Association Board reserves the right to grant easements for public utilities.
11. GAYLORD WEST PROPERTY OWNERS’ ASSOCIATION
All owners and subsequent owners agree to maintain membership in the Association and comply with all rules, regulations, and restrictions adopted by the Association. Annual dues shall be determined by the Association Board but shall not exceed $60.00 per lot.
12. EXCEPTIONS
Non-substantial exceptions to these restrictions may be approved by a majority of members in good standing, without creating liability for granting such exceptions.
13. MODIFICATIONS
All restrictions may be amended, changed, or added to by action of a majority of members in good standing.
14. SEVERABILITY
Invalidation of any covenant, condition, or limitation by court order shall not affect the remaining provisions, which remain in full force and effect.
15. ENFORCEMENT
Any lot owner may prosecute proceedings at law or equity to prevent violations or recover damages. Any person found legally in violation shall be responsible for all fees and costs, including attorney fees.
16. NON-COMPLIANCE (Updated 2025 Version)
Any condition on a lot that is non-compliant with these restrictions and has continuously existed since May 2000 is not in violation and may continue so long as it exists.
If a lot is sold to a third party for value:
All non-compliant conditions must be brought into compliance within 30 days,
except:
Conditions non-compliant with Paragraph 2(b) (dwelling size, garage, roof pitch)
Conditions non-compliant with Paragraph 2(c)(i) (setbacks)
These may continue after transfer so long as they exist.
