1. All lots in this subdivision shall be known as residential lots and no structure shall be erected on any one lot other than one single family residence and garage or carport and not more than one detached storage building or garage. All detached storage buildings or garages shall be of construction similar to the residence. No portable storage buildings are allowed. No recreational vehicle, boat, or camping trailer shall be parked or stored on any lot unless it is behind the front building line and enclosed behind solid wood fence, brick or stucco wall. No tractor-trailer vehicle shall be permitted in subdivision. All uses shall comply with the Plantation Planned Unit Development plans and text as on file in the City of Olive Branch Planning and Zoning Department.
2. No single lot may be subdivided into two or more lots for the purpose of building another dwelling but subdivision is permitted to insure the usability of a lot or group of lots provided that no more lots are created and proper governmental approval is obtained.
3. Building line setbacks shall be as required by the plats, zoningordinances and governmental regulations, but in no case shall the front setback be less than 35 feet.
4. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything by done thereon which may be or become an annoyance or nuisance to the neighborhood.
5. Vegetable gardening shall be allowed only to rear of the home. No animals, livestock, or poultry of any kind shall be raised, kept or bred on any lot, except dogs, cats and other household pets which may be kept provided they are not kept or bred for any commercial purposes. No commercial breeding is allowed. In all instance, household pets shall be restrained within fenced areas or under leash.
6. No structure of a temporary character such as a trailer, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. No mobile homes or modular homes will be permitted. Construction of new buildings only shall be permitted, it being the intent of this covenant to prohibit the moving any existing building onto a lot and remodeling or converting same into a dwelling unit. Notwithstanding the above, a mobile office or office trailer may be used for a sales and construction office by Developer or any builder in said subdivision but said mobile office shall be promptly removed upon the completion of construction and sale within said subdivision.
7.. No motor vehicle or any other vehicle, including a boat, motor, boat trailer, lawn mower, tractor, or similar vehicle may be stored on any lot for the purpose of same, and no A-frame or motor mount may be placed on any lot. No disabled auto or any type of vehicle may be stored on any lot. No repair of automobiles or any other vehicles or property, including those enumerated in any of the restrictions, shall take place on any lot where such repairs constitute or are done for a commercial purpose.
8. No wire or chain-link fences will be allowed on any lot. Fence material will consist of wood, vinyl, brick, wrought iron or stucco and shall not exceed six feet in height. No fence shall be closer than 35 feet from a public road right-of-way except for landscape screen fences and subdivision entrance fencing constructed by the developer. All fences provided by developer on a portion of any lot shall not be removed and shall be maintained in good condition by the owner of the lot.
9. There shall be no silver mill finish metal windows or doors. Window unit air conditioners are prohibited. Any Satellite dish antennas located on any lot shall be placed or screened to not be visible from the street or any other lot.
10. Construction of any dwelling shall be new materials and shall be completed within twelve (12) months from commencement of construction.
11. Trash, garbage, and other waste or rubbish shall be kept in sanitary containers. All equipment for the storage or disposal of same shall be kept in a clean and orderly condition.
12. No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or customary signs used by a builder or developer to advertise the property during the construction and sale.
13. The Developer reserves to itself the right to impose additional and separate restrictions on any lot hereafter sold in this subdivision; said restrictions need not be uniform, and may differ as to different lots.
14. These restrictions may be altered or amended only by the Developer, or its assigns or successors by written instrument duly executed acknowledged and recorded, provided, however the Developer agrees that these restrictions will not be altered or amended without the consent of the majority of the lot purchasers. The Developer shall be considered a lot purchaser and shall have a vote for each unsold lot for the purpose of consent to amendments.
15. If the parties hereto or any of them or their heirs or assigns shall violate any of the covenants or restrictions herein before they expire, it shall be lawful for any other person or persons owning lots in this subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction and either to prevent him or them from doing so or to recover damages fro such violations.
16. Invalidation of any one of the covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect.
17. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded. After that time said covenants shall automatically be extended for successive period of ten (10) years unless an instrument sighed by a majority of then owners of lots has been recorded agreeing to change said covenants in whole or in part.
Third Amendment to Declaration of Covenants, Conditions and Restrictions relating to the Plantation Lakes Subdivision.
1. Enforcement #5: The Association, or any Owner, shall have the
right to enforce by any proceeding at law or at equity, all
restrictions, conditions, covenants, reservations, liens and charges now
or thereafter imposed by the provisions of this Declaration. In the
event that the Association, or any owner has to initiate any legal
action to enforce the terms of this Declaration, or to seek the payment
of any charges which may otherwise be due and owing, the prevailing
party in any said proceeding shall be entitled to reimbursement of any
costs and expenses incurred with such proceeding, including, but not
limited to filing fees, attorney fees, court costs, etc. Failure by the
Association or by any Owner to enforce any covenant or restrictions
herein contained shall in no event be deemed a waiver of the right to do
so thereafter.
2. (#19) All Lots, whether occupied or unoccupied, and any
improvements placed thereon, shall at all times be maintained in a neat
and attractive condition and in such manner as to prevent their becoming
unsightly by reason of unattractive growth on such Lot or the
accumulation of rubbish or debris thereon. In order to implement
effective control of this provision, there is reserved to the
Association for itself and its agents, the right, after ten (10) days
notice to any Lot Owner, to enter upon any residential Lot with such
equipment and devices as may be necessary for the purpose of mowing,
removing, clearing, or cutting underbrush, weeds or other unsightly
growth and trash which in the opinion of the Association detracts from
the overall beauty or safety of the Subdivision. Such entrance upon
such property for such purposes shall be only between the house of 7:00
a.m. and 6:00 p.m. on any day except Sunday, and shall not constitute a
trespass. The Association may charge the Owner a reasonable cost for
such services, which charge shall constitute a lien upon such Lot,
including the costs of any legal proceedings to effect payment and
collections of said charge, and same shall be enforceable by appropriate
proceedings at law or equity; provided, however, that such lien shall be
subordinate to the lien of any first mortgage or Deed of Trust
encumbering such Lot. The provisions of this Section shall not be
construed as an obligation on the part of the Association to mow, clear,
cut or prune any Lot, nor to provide garbage or trash removal services.
Additionally, the Owners of Lots and/or property which abut any of the
lakes which are located within the Subdivision shall be responsible for
mowing and other necessary maintenance along the waterline of the lake
where said waterline abuts the Lot of the Owner, to the same extent and
for all purposes as if said waterline were the property of the Owner and
the failure to maintain said area in a manner as described above, may
subject the owner to remedial action and the reimbursement of costs and
fees as set forth hereinabove as in the case of any other failure to
maintain the Owner's property.
3. (#20) All Lot Owners shall keep their home and/or any and all
improvements constructed on the property within the Subdivision in good
repair as viewed from the street and common areas. This shall include,
but not be limited to, maintaining in an acceptable manner, good repair
of the paint, brick, windows, entry doors, garage doors, screens, storm
doors, fencing and mailboxes. In the event of the Owner's failure to
comply with this provision after three (3) prior written notices within
any six (6) month period to said Owner as to same, then and in any such
event the Association may enforce the remedy of any such violation
and/or deficiency pursuant to Article 5 of these Covenants, amended.
All dwellings shall contain a minimum of 1,450 square feet of finished
heated living area and 1,800 square feet of total area. No buildings
shall be more than two stories in height, but the floor space of the
second story may be included in computing the minimum square feet of
heated living area which is allowable so long as at least 800 square
feet of finished heating living area and 1,000 square feet of total area
is on the first floor.
All dwellings shall contain a minimum of 1,250 square feet of finished
heated living area and 1,600 square feet of total area. No buildings
shall be more than two stories in height, but the floor space of the
second story may be included in computing the minimum square feet of
heated living area which is allowable so long as at least 650 square
feet of finished heated living area and 1,000 square of total area are
on the first floor.