architectural
Requires approval
Any construction, painting, erection, maintenance, exterior addition, change, alteration, resurfacing, or attachment of awnings, canopies, shutters, or antennas requires prior written approval from the Architectural Review Committee (ARC) based on submitted plans and specifications.
“In order to enhance, maintain and preserve the aesthetic beauty and the property values of the Committed Property, no building, fence, wall, driveway or other structure or improvement (including landscaping) shall be commenced, painted, erected or maintained upon the Committed Property, nor shall any exterior addition, change, alteration or resurfacing be made to any previous improvement on a Unit, nor shall any awning, canopy, shutter, or antenna be attached to or placed upon outside walls or roofs of buildings or other improvements, until the proposals, drawings, blueprints, and plans and specifications showing the nature, kind, shape, height, materials, color selection, and location of the same (hereinafter referred to as “Plans and Specifications" ) shall have been submitted to, and approved in writing by, the ARC upon its satisfaction as to the harmony of exterior design and location in relation to surrounding structures and topography and assurance that any damage to the Committed Property as a result of such additions or alterations will be repaired in a timely fashion.”
Declaration · p.60
boat
Restricted
Boats are prohibited from being stored or parked on the Committed Property. They are also not allowed to be used on the lakes or stored on the lakes or along the shoreline.
“No boats, trailers, vans, motor homes, recreational vehicles, or other motor vehicles in excess of a 3/4 ton rating (hereinafter referred to as “Restricted Vehicles') shall be stored or parked on the Committed Property. No boats shall be used on the lakes located on the Committed Property, nor shall any boats be stored on the lakes or along the shoreline.”
Declaration · p.40
business use
Not allowed
No business, commercial enterprise, or business activity of any kind shall be carried on or conducted on or from any Unit, except for those authorized by Declarant and any Builder on their owned portions of the Committed Property.
“No business, commercial enterprise or business activity of any kind shall be carried on or conducted on or from any Unit, except for those businesses, commercial enterprises and business activities authorized by Declarant and any Builder on any Unit or other portions of the Committed Property owned by the Declarant or its assigns and any Builders.”
Declaration · p.43
fence
Requires approval
Fences require prior written consent from the Association, cannot exceed four feet in height, must be of approved construction and color, and can only be erected in the backyard.
“No fence shall be erected, constructed or placed on any Lot without the prior written consent of the Association. No fence may exceed the height of four (4) feet, and must be of a construction and color approved by the Association. No fence shall be erected, constructed or placed in the front or side yard of any Unit, but only in the back yard of the Unit.”
Declaration · p.44
occupancy
Restricted
The community is intended for persons 55 years of age or older, with at least one occupant per unit required to be 55+, subject to a 20% allowance for units with younger occupants at the Board's discretion, and children 18 or younger are restricted to 60 days per calendar year.
“For so long as such provisions of the Fair Housing Act are in effect, (i) at least one occupant in each Dwelling Unit in Stonecrest must be at least fifty-five (55) years of age or older, except as hereinafter set forth; (ii) as set forth in the Master Declaration, the Association must provide for or arrange for the provision of significant facilities and services within Stonecrest specifically designed to meet the physical or social needs of older persons as contemplated by the Fair Housing Act and the regulations promulgated thereunder in order to satisfy the Requirements for Exemption; and (iii) the Association must publish and adhere to policies and procedures which demonstrate an intent by the Association to provide housing for persons fifty-five (55) years of age or older. The Requirements for Exemption contemplate that up to twenty percent (20%) of the units may be occupied by persons all of whom are under the age of fifty-five (55) without loss of the exemption. Accordingly, the Board, upon application by an Owner, tenant, purchaser or proposed lessee, shall have absolute discretion to allow a Unit to be occupied only by individuals under the age of fifty-five (55) based upon criteria that the Board shall determine, which criteria shall include, by way of example and not by limitation, information then known to the Board concerning potential or pending changes in occupancy of other Units in Stonecrest, if any, due to known adverse medical conditions or domestic relations and the ages of any likely remaining occupants of such Units; other than prospective changes in occupancy of Units for whatever reasons; proximity to age fifty-five (55) of those occupants of other Units in Stonecrest then under such age; and any other information known to and deemed relevant by the Board in carrying out its duty to monitor and control the percentage of the Units becoming occupied only by persons under the age of fifty-five (55). As long as Stonecrest falls within the exemption,no children eighteen(18) years of age or younger shall be permitted to reside in any of the Units, except for a period of time not to exceed a total of sixty (60) days per calendar year.”
Declaration · p.41
parking
Restricted
Parking is limited to driveways and designated areas, with restrictions on vehicle types, commercial vehicles, and parking on rights-of-way or lawns.
“No boats, trailers, vans, motor homes, recreational vehicles, or other motor vehicles in excess of a 3/4 ton rating (hereinafter referred to as “Restricted Vehicles') shall be stored or parked on the Committed Property. Restricted Vehicles may be stored in designated parking areas to the extent made available by the Association. The Association may charge a reasonable fee for the storage and/or parking of the aforesaid Restricted Vehicles in the designated parking areas. If the fee is unpaid after fourteen (14) days written notice delivered by Association to the Owner, the Association may assess, as a Special Assessment, the Owner which shall become a lien against the Unit of the Owner of said Restricted Vehicle, enforceable as provided in this Master Declaration. The parking and storage of automobiles shall be limited to the driveways of Units and other areas specifically designated by the Association. No vehicle may be parked on any right of way or on any portion of the lawn or other landscaping of the Unit. No commercial vehicles shall be permitted to be parked or stored on any portion of the Committed Property for a period of more than four (4) hours. For purposes of this Section.“commercial vehicle” shall mean any vehicle which is not designated and used for customary, personal/family purposes. The absence of commercial-type lettering or graphics on a vehicle shall not be dispositive as to whether it is a commercial vehicle. The Association is specifically authorized to promulgate additional rules and regulations pertaining to parking, and the Association is specifically granted the right to enforce this provision by the towing of any vehicles in violation of these provisions at the expense of the Owner, the charges for which shall be due and payable by Owner within fourteen (14) days of receipt of written notice demanding reimbursement delivered by Association to Owner. If the Owner shall fail to pay such amount within such time period, the Association shall levy a Special Assessment pursuant to the provisions of this Master Declaration. Notwithstanding anything to the contrary contained herein, motor homes and recreational vehicles may be parked on a Unit for no more than twenty-four (24) hours in any two-week period.”
Declaration · p.40
pets
Restricted
Pets are allowed with restrictions on type, number, leash use, and waste removal, and are prohibited in common areas except designated pet walk areas.
“No animals, livestock or poultry of any kind, shall be raised, bred or kept on or in any Unit, except for dogs, cats and house birds may be kept provided that (i) they are not kept, bred or maintained for any commercial purpose, and(ii) no more than two (2) suchpets shall be kept on any Unit at any time. Pets shall be on a leash or restrained at all times when outside the Unit. Dogs shall not be walked on grass other than on Owner’s Unit and in pet walk areas, if any, designated by the Declarant, or the Association upon Turnover. All pets are prohibited in the Common Areas except areas designed as pet walk areas. Pets permitted to roam free or which, in the sole judgment of the Declarant or Association, endanger the health, safety or welfare of other Owners, persistently make objectionable noise or otherwise constitute a nuisance, may be reported to the appropriate governmental agency and/or may be picked up and impounded by the Declarant or the Association or by their agents, including security personnel; any costs or expenses incurred by Declarant or the Associationinimpounding any such pet shallbe considered a Special Assessment which can be collected pursuant to the provisions of this Master Declaration. If, after receipt of written notice by the Declarant or Association of a violation of the provision of this Section, the Owner does not correct such violations, the Association may proceed to levy and collect a Special Assessment and collect same, pursuant to the provisions of this Master Declaration. Pet owners must clear and remove any fecal deposits made by their pets from any and all areas in the Total Property.”
Declaration · p.42
rentals
Restricted
Leasing of units is allowed for single-family residential use, requires a written lease on an approved form, and has a minimum term of three months.
“All leases of Units shall be restricted to single-family residential use under the restrictions set forth herein. All leases shall be in writing and the Association shall have the right to terminate any lease upon default by the lessee in observing any of the provisions of the Master Declaration and applicable rules and regulations. Any Owner entering into a Lease shall use an approved form and shall, upon entering into such Lease, provide a fully executed copy of the same to the Association. An “approved form" shall mean a lease form provided by the Owner to the Association and approved by the Association in writing. If any Owner submits a form to the Association and the Association does not respond regarding approval of the lease form within fourteen (14) days it shall be deemed approved so long as it contains, at a minimum, the following terms and conditions:(i) a lease term of not less than three (3) months; and (ii) a description of the property subject to the Lease which includes the entire Unit; and (iii) the following provisions: “The lessee hereunder acknowledges that this lease is subject to the Second Amended and Restated Declaration of Covenants, Conditions and Restrictions of Stonecrest and the rules and regulations provided thereunder which lessee has read and agrees to be bound thereby, and that the failure to comply with same may result in certain remedies being invoked by the Association against lessee, including without limitation termination of this lease and personal liability of lessee for damages.” If the foregoing provision is not contained in any lease, it shall be deemed incorporated therein by reference. In the event a lessee, or a lessee’s invitee, guest or licensee, occupies a Unit without a written lease, the occupancy thereof shall constitute an acceptance of the Master Declaration and an agreement to be bound thereby and subject thereto.”
Declaration · p.43
rv
Restricted
Recreational vehicles and motor homes are prohibited from being stored or parked on the Committed Property, except in designated parking areas for a fee. They may be parked on a Unit for no more than twenty-four hours in any two-week period.
“No boats, trailers, vans, motor homes, recreational vehicles, or other motor vehicles in excess of a 3/4 ton rating (hereinafter referred to as “Restricted Vehicles') shall be stored or parked on the Committed Property. Restricted Vehicles may be stored in designated parking areas to the extent made available by the Association. The Association may charge a reasonable fee for the storage and/or parking of the aforesaid Restricted Vehicles in the designated parking areas. Notwithstanding anything to the contrary contained herein, motor homes and recreational vehicles may be parked on a Unit for no more than twenty-four (24) hours in any two-week period.”
Declaration · p.40
setbacks
Restricted
All structures, buildings, additions, or improvements, including trees used in landscaping, must comply with the minimum setback requirements of the “PUD" Zoning Classification.
“All structures, buildings, additions, or improvements, including trees used in landscaping, shall be set back in accordance with the minimum set back requirements as provided for under the“PUD" Zoning Classification affecting the Committed Property.”
Declaration · p.40
short term rentals
Not allowed
No lease shall be for a term of less than three months, and time-sharing or fractional sharing programs are prohibited.
“No lease shall be for a term of less than three (3) months or for less than an entire Unit. No Unit shall be made subject to any type of time sharing, fractional sharing, or similar program whereby the right to exclusive use of the Unit rotates among members of the program on a fixed or floating time schedule over a period of years.”
Declaration · p.44
signs
Restricted
Only a customary name and address sign and a 'for sale or rent' sign of not more than 1.5 square feet, conforming to ARC standards, are permitted. Signs placed in windows are prohibited.
“No sign of any kind shall be displayed to public view on a Unit except a customary name and address sign and a sign of not more than one and one-half (1.5) square feet in size and conforming to standards established by the ARC to advertise a Unit for sale or rent. Signs placed in the windows of Units are prohibited.”
Declaration · p.47