2.2             Merger of Consolidation.  Upon a merger or consolidation of the

Association with another association, the Association’s properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the property, rights and obligations of the Association as a surviving corporation pursuant to a merger.  The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Property together with the covenants and restrictions established upon any other properties as one scheme.  No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration pertaining to the Property except as hereinafter provided.

 

ARTICLE III

 

GENERAL RESTRICTIONS

 

            All of the Property shall be owned, held, encumbered, leased, used, occupied and enjoyed subject to the following limitations and restrictions:

 

3.1             Single Family Residential Construction.  Except as provided below, no

building shall be erected, altered, placed or permitted to remain on any Tract other than one dwelling unit per each Tract to be used for single family residential purposes.  Detached garages and work shops may not be constructed on the Property prior to the main dwelling being built and workshops may only be constructed or placed out of view of any road, and behind the intended dwelling site.  All structures must be approved in writing by the Architectural Control Committee prior to being erected, altered or placed on the property.  The term “dwelling” does not include either double wide or manufactured homes, or single wide mobile homes, or prefab houses regardless of whether the same are placed upon permanent foundation, and said homes are not permitted within the Subdivision.  All dwellings must be built with new construction materials.  Any building, structure or improvements commenced on any tract shall be completed as to the exterior finish and appearance within six (6) months from the commencement date. 

 

3.2             Driveways and Garages.  All driveways shall be constructed of asphalt,

exposed aggregated finished concrete, concrete, or brick pavers materials unless otherwise approved in writing by the Architectural Control Committee.  All garages, including detached garages, will be of the same general construction as the main dwelling and located on the tract according to the Committee approved building site plan.  The Architectural Control Committee shall have the absolute authority over the entrance location and siting of all garages.  All driveways and garages must be shown on the plans submitted to the Architectural Control Committee and approved prior to any action being taken. 

 

3.3             Setback Requirements.  All residences shall be set back at least Twenty

(20) feet from the front property line, five (5) feet from the side lot lines, ten (10) feet from side street building setback line, and ten (10) feet from the rear lot line.

 

3.4             Construction of Improvements.  No Improvements shall hereafter be

constructed upon any of the Property without the prior written approval of the Plans and Specifications for the Improvement(s) by the Architectural Control Committee.  Anything herein to the contrary notwithstanding, in the case of single family residences constructed on any Lot, the Architectural Control Committee, in its sole discretion, may limit its review of specific floor plans, and elevations, and upon the Architectural Control Committee’s approval of such specific floor plans and elevations, residences may be constructed with the approved floor plans and elevations without the requirement of further review or approval by the Architectural Control Committee. 

 

3.5             Color.  All exterior color schemes on any structure must be approved by the Architectural Control Committee prior to use.

 
 
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