Covenants and Restrictions

AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for BRIDGEWOOD FARMS SUBDIVISIONThis Amended and Restated Declaration of Covenants, Conditions and Restrictions for BRIDGEWOOD FARMS SUBDIVISION (“Restated Declaration”) is made this 27th day of April, 2009, by BRIDGEWOOD FARMS HOMEOWNERS ASSOCIATION, INC., a Michigan Non-Profit Corporation, P.O. Box, Rochester Hills, Michigan, 48308 (the “Association”);
Witnesseth:WHEREAS, OLYMPUS CORPORATION was the Grantor and Owner of a certain parcel of land in the Township of Avon, Oakland County, Michigan more particularly known as the Northeast 1/4 section 6, Town 3 North, Range 11 East, Avon Township, Oakland County, Michigan, as more particularly described in Exhibit “A” attached hereto and made a part hereof, which property was developed by GRANTOR, and is commonly known as BRIDGEWOOD FARMS SUBDIVISION (the “Subdivision”), and;
WHEREAS, OLYMPUS CORPORATION filed the following documents:
(1) the original DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, as recorded in Liber 7689, pages 739-750, Oakland County Records, Michigan);
(2) ADDENDUM TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, as recorded in Liber 7852, page 265, Oakland-County records, Michigan;
(3) AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, as recorded in LIBER 7962, page 584, Oakland County records, Michigan;
(4) AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, as recorded in LIBER 10817, pages 752-754, Oakland County Records, Michigan (the Declaration of Covenants, Conditions and Restrictions, as amended by the above Addendum and Amendments, is hereinafter referred to as the “Declarations”); and
WHEREAS, Control of the Association transferred from the Developer to the homeowners of the Lots of the Subdivision (the “Owners”), and
WHEREAS, the Owners wish to restate and amend the Declarations;
NOW, THEREFORE, the Association, on behalf of itself and the Owners, pursuant to Section E.1. of the Declarations, does hereby amend and restate the Declarations; and publish, declare and make known to all present Owners and future purchasers and Owners, that Lots will and shall be used, held, and/or sold expressly subject to the following conditions, restrictions, covenants and agreements which, by acceptance of a deed, purchase agreement, land contract or option for a Lot, shall be deemed accepted by all Owners and future purchasers and shall run with the land and be binding upon all Owners of Lots and on their respective heirs, personal representatives, successors, assigns and grantees.

Article I:  Homeowners Association

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1. Membership
   1. BRIDGEWOOD FARMS HOMEOWNERS ASSOCIATION, INC, a Michigan Non-Profit Corporation, shall consist of the Owners of Lots, herein Owners, within the Subdivision.
   2. Membership in the Association shall be mandatory for each Owner of a Lot in the Subdivision.
   3. A member of the Association shall be defined as every person or entity who or which is a record owner of a fee interest in any Lot under the jurisdiction of the Association but not including any owners who have sold their interest under executory land contract. During such time as such a land contract is in force, the land contract vendee shall be considered to be the member of the Association.
   4. The Association shall have one class of voting membership. Members shall be all those owners as defined above. Each member of the Association shall be entitled to one vote for each Lot in which they hold the interest required for membership. When more than one person holds any such interest in any Lot, all such persons or entities shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any one Lot.
2. Maintenance Fund
   1. All the Lots of the members of the Association shall be subject to an annual maintenance charge, annual charge herein, to be paid by the respective Owners to the Association for the purpose of creating a Maintenance Fund to promote the recreation, health, safety and welfare of the occupants of the Subdivision. The annual charge covers the fiscal year of January 1 to December 31 and is due by April 1 of the fiscal year.
   2. The amount of said annual charge shall be determined by recommendation of the Board of Directors, with approval and consent by a majority of the members of the Association present and voting at an annual meeting of the Association. Such approval and consent shall be binding upon all of the owners and subsequent owners of property in the Subdivision.
   3. The Maintenance Fund shall be used for such of the following purposes as the Association shall, from time to time, determine as necessary and advisable for improving and maintaining the Common Area and any other property of the Association:
      Roadways and entryways of the development; which shall include the center island in the boulevard entrance and the berms and plantings backing up to Tienken Road, for planting trees and shrubbery and the care thereof, for collecting and disposing of garbage, ashes, and rubbish; for employing night watchmen; for caring for vacant property including the mowing of vacant Lots within the Subdivision irrespective of the ownership thereof; for removing grass or weeds; for construction, purchasing, maintaining or operating any community services; snow removal on the public streets; for doing any other thing necessary or advisable in the opinion of the Association for the general welfare of the members; for expenses incident to the examination of plans, onsite inspections, and the endorsement of these restrictions or any other building restrictions applicable to said property or for any other purposes for which the Association is incorporated.
   4. All maintenance charges which shall remain due and unpaid on April first of the year within which said charges became due shall thereafter be subject to a reasonable late processing fee prescribed by the Board of Directors. If such charges remain unpaid for more than 30 days, interest shall thereafter accrue at the rate of Seven (7%) per annum until paid or the highest interest rate permitted by law, whichever is less.
   5. It is expressly understood and agreed that the annual maintenance charge shall be a lien and an encumbrance on the land with respect to which said charge is made and it is expressly agreed that by acceptance of title to any of said Lots the owner (not including the mortgagee as long as it is not the owner) from the time of acquiring title thereto shall be held to have covenanted and agreed to pay to the Association all charges provided for herein which were then due and unpaid to the time of his acquiring the title, and all such charges thereafter falling due during his ownership thereof. A certificate in writing issued by the Association or its agent shall be given on demand to any owner or prospective purchaser liable for said charges, which shall set forth the status of such charges. This certificate shall be binding upon the parties.
   6. The lien provided for herein shall be subordinate to the lien of any mortgage or mortgages. Sale or transfer of any Lot shall not affect the maintenance charge lien. The sale or transfer of any Lot pursuant to a decree of foreclosure shall, however, extinguish the lien of such maintenance charges as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any maintenance charges thereafter due or from the lien thereof.
   7. By acceptance of title, each owner shall be held to vest in the Association the right and power in its own name to take and prosecute all suits (legal, equitable, or otherwise) which may in the opinion of the Association be necessary or advisable for the collection of such charge or charges or the enforcement of this Declaration.

Article II:  Architectural Review

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1. Committee Members. There shall be an Architectural Review Committee, which shall be composed of persons appoint by the Association’s Board of Directors as provided in the Bylaw of the Association.
2. Approval of Plans and Specifications. No Improvement shall be commenced, erected or maintained on any Lot, nor shall any exterior change or alteration be made to an existing Improvement until the plans and specifications showing the nature, kind, size, shape, height, colors, materials, topography and location of the same on a Lot shall have been submitted to and approved in writing by the Committee, which approval will be granted in accordance with standards established by the Committee in its sole discretion, including those set forth in Paragraph F below.
3. Materials Required. Plans and specifications submitted to the Committee for final approval shall include two (2) sets of the following:
   1. Complete plans and specifications sufficient to secure a building permit in the City of Rochester Hills, City herein, including a dimension plat plan showing Lot and placement of Improvements, construction easements, and clearly designating any trees to be removed or cleared.
   2. Front elevation, side elevations and rear elevation of all Improvements.
   3. A perspective drawing of the Improvements if deemed necessary by the Committee to interpret adequately the exterior design.
   4. Data as to size, materials, colors and texture of all exteriors including roof coverings, fences (if any) and walls.
4. Approval Standards. The Committee may disapprove plans and specifications because of noncompliance with any of the restrictions set forth in Article II of this Declaration or other standards established by the Committee and ratified by the Board.
5. Evidence of Approval. Committee approval shall be deemed given if the plans and specifications submitted for final approval are marked or stamped as having been approved by a majority of the Committee, and are dated and signed by a majority of the members of the Committee who were validly serving on the Committee on the date of such approval; provided, however, if to grant the final approval, then the plans and specifications must be approved as required by Paragraph V of Article III and signed by the approving members.
6. No Liability. In no event shall either the Association or the Committee have any liability whatsoever to anyone for their approval or disapproval of plans and specifications, regardless of whether such alleged liability is based on negligence, tort, express or implied contract, fiduciary duty or otherwise. By way of example, neither the Association nor the Committee shall have liability to anyone for approving or disapproving plans and specifications which provide for Improvements which are not in conformity with the provisions of this Declaration.
   In addition, the Committee shall not be required to pass upon, and the approval by the Committee does not mean that the Committee has passed upon, any technical aspects of construction or whether the proposed construction meets zoning, building codes, safety requirements, municipal ordinances, or requirements including but not limited to tree removal ordinances, laws and regulations. The Committee’s approval shall merely mean that the plans and specifications are in compliance with the intent and purpose of this Declaration as interpreted by, and the standards developed by, the Committee at the time. Owner shall be responsible for compliance with all laws and regulations and shall not look to the Committee for assistance or advice in complying with the same.

Article III:​  Building and Use Restrictions for the Subdivision

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1. Use of Lots. All Lots shall be used for single family residential purposes only, only one dwelling shall be erected on each Lot, and the dwelling shall be designed and erected for occupation by one single family in compliance with the zoning ordinances of the City for the Subdivision.
2. Character and Size of Buildings. All residences shall be single detached private dwellings and shall conform to Rochester Hills Zoning Ordinance No. 138, specifically one family residential. A residence shall not exceed two stories in height, and the maximum height shall not exceed twenty-five (25) feet, and all shall contain an attached garage. They shall be of brick construction, except on colonials and quad levels, where siding may be used above the belt. All buildings may have siding or wooden trim. A one story ranch home shall contain not less than 1800 square feet of area measured around the foundation; a two story building shall contain not less than 1000 square feet of area on the first floor, as measured around the foundation of the building; a one and a half story building shall contain not less than 1000 square feet of area on the first floor, as measured around the foundation of the building; and a quad level building shall contain not less than a total of 2000 square feet of living area.
3. Lot Requirements. A residential building site shall consist of not less than 100 feet of frontage at the front building set hack lines and 15,000 square feet of area. One or more Lots or contiguous parts of Lots may be combined to form a building site, meeting the width and area requirements herein prescribed.
4. Garages and Driveways. A private attached garage for the sole use of the occupants of the Lot upon which said garage is erected shall also be erected and maintained. All garages erected on corner Lots shall conform to the set-back requirements set forth by ordinance. All dwellings erected on said Subdivision Lots shall be erected so as to provide uniformity of side drive locations wherever feasible, except that side drives for corner Lots may be located so that ingress and egress thereto shall be from the side streets if desired.
5. No Fences. No fences shall be permitted in the subdivision. Fences around swimming pools shall enclose only the deck area surrounding the swimming pool and shall not enclose the entire rear yard. Exceptions to this rule must he approved by the Bridgewood Farms Architectural Review Committee, which shall include consultation with adjoining neighbors.
6. Dog Kennels and Houses. Dog kennels or runs or other enclosed shelters for permitted animals shall be allowed only when they are an integral part of an approved residential structure. Dog runs are permitted provided that they are maintained in a clean and sanitary condition and the location and design of fencing is approved by the Architectural Review Committee.
7. Animals. No farm animals, livestock or wild animals shall be kept, bred or harbored on any Lot, nor shall any animals be kept or bred for commercial purposes. Domestic animals deemed to be household pets by the City may be kept by the occupant so long as such pets are cared for in a humane manner and are maintained and controlled so as not to be objectionable or offensive to others. Any dog which is kept outdoors by an occupant shall not be allowed to run loose or unattended.
8. No Obstruction by Hedges, Etc.. No fence, wall hedge, shrub planting, etc which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points 12 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sightline limitations shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement, except that during construction and sales period and in connection with the display of model homes, such provisions shall not apply, provided however, that at the conclusion of the sales and construction period the provisions hereof shall thereupon be in full force and effect. No trees shall be permitted to remain within such distances of such intersections unless foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.
9. Easements. No building may be constructed or maintained over or on any easements designated by the Plat. There is presently a gas easement which possibly could affect lots #3,4,37 through 47 inclusive, 53,54,56 through 60 inclusive, and lots #62, and 63. There shall be no building erected on the rear of any of the above referred to lots. However, after the utilities have been installed, plantings, fencing (where permitted) and other landscaping and concrete driveways and their extensions shall be allowed in the easement areas, so long as (a) they do not violate the provisions of this Declaration, (b) they do not interfere with, obstruct, hinder or impair the drainage plan of the Subdivision, and (c) access is available for the installation and/or maintenance of the utilities, drainage lines and/or additional facilities.
10. Signs. No signs or billboards shall be placed, erected or maintained on any Lot in the subdivision or attached to any building or structure on the Lot. Notwithstanding the above, one sign, advertising that the house or Lot is for sale, may be erected and maintained on the Lot; provided, however, that such sign shall be constructed and installed in a professional manner, according to sign ordinances of the City of Rochester Hills. Such sign shall be kept clean and in good repair during the period of its maintenance on the Lot, and shall in no event be placed or maintained nearer than fifteen (15) feet from the front Lot line.
11. Landscaping and Maintenance. Except as may be otherwise provided herein, each owner shall maintain the surface areas of easements within his property to keep grass and weeds cut to keep the area free of trash and debris.
12. General Conditions.
    1. All trash and debris shall be stored in sanitary containers which shall be emptied as necessary and be properly maintained and concealed from public view and the view of adjacent Lot owners. Such containers may be left at the road for pickup purposes as long as they do not remain there for more than twenty-four (24) hours in any one week. No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste.
    2. No motor homes, house trailers, commercial vehicles, boats, snowmobiles, campers, inoperative vehicles, or trailers; including, without limitation, house trailers, boat trailers or utility trailers; may be stored on any Lot in the subdivision unless fully enclosed within the garage. Commercial vehicles and trucks shall not be parked in the subdivision or on any Lot therein except while making deliveries or pickups in the normal course of business; except that small trucks or vans, owned or used by a member in his or her business, may be parked in the driveway.
    3. No laundry shall be hung for drying so as to be visible from the street on which the dwelling fronts, and in the case of Lots on a corner, laundry shall not be hung so as to be visible from the streets on which the dwelling fronts and sides.
    4. The grade of all Lots in the Subdivision may not be changed without the written consent of the Association and, if required, proper governmental approval. This restriction is intended to prevent interference with the master drainage plans for the Subdivision.
    5. No above ground pools will be allowed to be built on any lot with the exception of Lots #1 through 9, inclusive; Lots # 12 through 24; inclusive; Lots #61 through 68, inclusive; Lot #77; and Lots # 82 through 87, inclusive, O.C.R. Bridgewood Farms Subdivision, Avon Township/Rochester Hills, as said identified Lots may have underground utilities. No permanent above-the-ground swimming pool may be higher than one foot above the existing lot grade except as approved by the Architectural Review Committee.
    6. Exterior fuel tanks, exterior TV or other antennas and satellite dishes shall not be permitted and shall constitute a nuisance per se; provided, however, that satellite dishes and digital antennas smaller than 1 meter (39.37 inches) are permitted if mounted at the rear of the house in question, in a position not visible from the street immediately in front of the house (and adjacent street, if a corner Lot). If no possible mounting location exists that complies with this restriction, a mounting location shall be selected that complies with the spirit and intent of this restriction to the fullest extent possible, as determined with input by the Association’s Architectural Review Committee.
    7. No noxious, offensive or illegal activities shall be carried on upon any Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or nuisance to the Owners or Occupants of the Subdivision, as determined by the Board.
    8. No repairs and/or maintenance, including oil changes maybe done to motor vehicles parked on subdivision streets.
    9. No member shall use, nor shall he or she permit an occupant of the premises or his or her invitees or guests to use, any B-B guns, firearms, pellet guns, paint ball guns, bow and arrow, slingshot, or any other weapon of any kind outside the confines of the dwelling house in the subdivision.
    10. No structure of temporary character may be used as a residence, temporarily or permanently, including but not limited to trailer, basement, tent, shack, garage, barn, or other out building. Trailers, shacks, barns, storage sheds, whether permanent or temporary, or any other temporary building of any description whatsoever, are expressly prohibited within the subdivision. No temporary residence shall be permitted in unfinished residential buildings. The provisions of this section shall not apply to the Developer or any builder which it may designate, during the construction period or during such periods as any residence may be used for model or display purposes.
13. Enforcing Authority.
    1. Enforcement of these restrictions shall be by proceedings at law or equity against any person or persons violating or attempting to violate any covenants either to restrain violation or to recover damages and may be brought by a person owning any Lot or site herein above described.
    2. 2. Invalidation of any one of these covenants (or part thereof) by judgment or court order shall in no way affect any of the provisions (or part thereof), which shall remain in full force and effect.

Article IV:  General Provisions

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1. Term. This Amendment is made pursuant to Section E.1. of the Declarations, which is hereby incorporated by reference. The Declarations, as amended and restated by this Restated Declaration, shall continue to run with the land as provided for by said Section E.1. and shall be automatically extended for successive periods of ten years each (e.g. from June 13, 2029 to June 13, 2039) unless, with consent and approval by a majority of the then owners of the Lots, an instrument agreeing to change said covenants in whole or in part has been recorded.
2. Enforcement. The Association, each Owner of a Lot from time to time, and all of their successors and assigns, shall have the right, jointly and separately, to sue for and obtain a prohibitive or mandatory injunction to prevent the breach of, or to enforce the observance of, this Declaration and/or any of the restrictions contained herein.
3. Severability. Invalidation of any covenant, restriction, paragraph or section of this Declaration by judgment or court order shall in no way affect any other covenant, restriction or part thereof, paragraph or section of this Declaration, which shall remain in full force and effect.
4. Address. Each Fee Owner of a Lot shall provide its correct mailing address to the Association, and shall notify the Association promptly in writing of any subsequent changes of address.