Article 14: LOT Maintenance (Original LUR Text)

The owners or occupants of all lots shall at all times keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner and shall in no event use any lot for storage of materials and equipment except for normal residential requirements or incident to construction of improvements thereon as herein permitted (construction must be completed within twelve (12) months after commencement) or permit the accumulation of garbage, trash or rubbish of any kind thereon and shall not burn anything (except by use of an incinerator and then only during such hours as permitted by law). The drying of clothes in full public view is prohibited and the owners or occupants of any lots at the intersection of streets or adjacent to parks, playgrounds or other facilities where the rear yard or portion of the lot is visible to full public view shall construct and maintain a drying yard or other suitable enclosure to screen the following from public view: the drying of clothes, yard equipment, wood piles or storage piles which are incident to the normal residential requirements of a typical family. In the event of default on the part of the owner or occupant of any lot in observing the above requirements or any of them such default continuing after ten (10) days' written notice thereof Developer or its assignee shall without liability to the owner or occupant in trespass or otherwise enter upon said lot or cause to be cut such weeds and grass and remove or cause to be removed such garbage, trash and rubbish or do any other thing necessary to secure compliance with these restrictions so as to place said lot in a neat, attractive, healthful and sanitary condition and may charge the owner or occupant of such lot for the cost of such work. The owner or occupant, as the case may be, agrees by the purchase or occupancy of the property to pay for such work immediately upon receipt of a statement therefor. In the event of the failure to pay such statement, the amount thereof may be added to the annual maintenance charge assessed against such lot and become a charge thereon in the same manner as the regular annual maintenance charge provided for herein.

What It Means (Plain-Language Interpretation)

You must keep your lot clean, mowed, sanitary, and visually neat.• You cannot store equipment or materials outdoors except for normal home use or for active construction (which must finish within 12 months).• No trash, junk, piles of debris, or visible clutter.• No outdoor burning unless you use an incinerator and it’s during legal hours.• Clotheslines or laundry drying cannot be visible to the public; if your backyard is visible from a road or park, you must build a screen or enclosure.• If you fail to maintain your lot, and don’t fix it within 10 days after written notice, the Developer or its assignee (now this means the Maintenance Committee as successor) may enter your property, clean it up, and bill you.• If you don’t pay, the cost is added to your annual maintenance assessment and becomes a charge (similar to a lienable obligation).

How This Affects Us

Keeps the community uniform, clean, and free of neglected or junked properties.• Prevents health hazards, fire risk, and standing-water problems caused by overgrowth or garbage.• Ensures a consistent standard across visible yard areas and major intersections—protecting property values.• Gives the Maintenance Committee (as successor to the Developer’s role) clear authority to step in only after written notice and failure to comply.• Cleaning costs can be recovered, and non-payment becomes part of the maintenance charge.

Why This Matters to Us

This article is one of the clearest proofs that the Maintenance Committee—not any HOA—holds the enforcement authority originally granted by the Developer.• It shows the Developer’s intent for community upkeep to be handled by the Committee’s successor—not by later-created, non-consensual HOAs.• It supports your attorney’s position that the Committee retains legal standing, duties, and enforcement rights in SFE.• This is a long-standing covenant, unchanged between Phase 1 and Phase 2, demonstrating stable community governance for over 40 years.• It establishes that lot maintenance enforcement is not HOA-based and was never tied to HOA membership.