Meadowbrook Valley Subdivision

DECLARATION OF RESTRICTIONS FOR MEADOWBROOK VALLEY SUBDIVISION NO. 1

A – HOMEOWNERS ASSOCIATION

Meadowbrook Valley Owners Association, Inc. shall consist of the owners of lots within Meadowbrook Valley Subdivision #1. The Association shall exercise the authority and assume the obligations as set forth in a certain Subdivision Open Space Agreement between Grantor and the Township of Avon dated August 25, 1978, and record in Liber 7363, Pages 235 thru 249 Oakland County Records.
Membership in the Association shall be mandatory for each owner of a lot in the Meadowbrook Valley Subdivision #1 including the Grantor.
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.

B – COMMON AREAS

The Grantor hereby dedicates and conveys to each member as defined above a right and easement of enjoyment in and to the Common Areas described above and hereby covenants for itself, its heirs and assigns, that it will convey fee simple title to the Common Areas to the Association above described, free and clear of all encumbrances and liens, exception these restrictions, easements and zoning, within five years from the date of this Declaration.
The title to the Common Areas shall be vested in the Association subject to the right and easement of enjoyment in and to such Common Areas by its members. Said easement shall not be personal but shall be considered to be appurtenant to said members' lots, which easement shall pass with the title to said lots whether specifically set forth in deeds to the lots or not.
The Association shall have the authority to make and enforce regulations pertaining to the use and maintenance of the Common Areas and all other property and easements under its jurisdiction, which regulations shall be binding upon the members of the Association and all residents of the Development. The Association shall be obligated to maintain in the Common Areas and all other parks, common easements, entryways or other property within the area described in Section D which may be conveyed by the Grantor to the Association from time to time and such obligation may be enforced by any member of the Association or any property owner which such an easement shall exist. This obligation specifically includes the maintenance of landscaping and entrance monuments as specifically described in Section E, paragraph 5.
The Common Areas may be used for recreation, hiking, nature study, picnicking, or other uses for the benefit of its members which may be determined by the Association. Recreational facilities, including but not limited to swimming and wading pools, tennis courts, picnic shelters, grills and fireplaces, playground equipment and similar items may be constructed in the Common Areas by the Association or the Grantor. All residents of properties under the jurisdiction of the Association and guests accompanying said residents shall have equal access to the Common Areas and all facilities located thereon subject to rules and regulations established by the Association including, but not limited to, the right to place limitations on the number of guests.
Norwithstanding any other provision of this Declaration, the Grantor reserves the right to grant easements or other rights within the Common Areas for the installation, repair and maintenance of water mains, sewers, drainage, drainage courses, water retention, public utilities, subject to approval of the Township of Avon, provided that installation, repair and maintaining of such utilities shall be executed in such manner as to minimize damage to the natural features of the Common Areas.

C – MAINTENANCE FUND:

All the lots of the members of the Association shall be subject to an annual charge, to be paid by the respective owners thereof to the Association is advance of the first day of January of each year commencing January 1, 1979, for the purpose of creating a Maintenance Fund.
The initial amount of said annual charge shall be established at the first meeting of the Board of Directors of the Association, and may be adjusted from year to year by the Board of Directors of the Association as the needs of the property may in their judgment require, but in no event shall such a charge be more the seventy-five ($75.00) dollars per lot per year except by the approval and consent of the members of the Association having not less that fifty-one (51) percent of the lot owners which approval and consent shall may any such addition assessment binding upon all of the owners of property in said Meadowbrook Valley Subdivision #1 and owners in lots in subsequent subdivisions as stipulated in Section D hereof.
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 Areas and any other property of the Association, roadways and entry-ways of the development, for planting trees and shrubbery and the care thereof, for the maintenance of storm retention basins on Common Areas (including the removal of silt and debris therefrom, and the control of harmful algae and erosion), for expenses incident to the construction, operation and maintenance of swimming pools, tennis courts, or similar recreational facilities located within the Common Areas; 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 subdivisions irrespective of the ownership interests; for removing grass or weeds; for constructing, purchasing, maintaining or operating any community services, snow removal on the public streets; or 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, on site inspections, and the endorsement of these restrictions or any other building restrictions applicable to said properties or for any other purposes for which the Association is incorporated.
All maintenance charges which shall remain due and unpaid on April first of the year in which said charges became due shall thereafter be subject to interest at the rate of seven percent per annum until paid.
It is expressly understood and agreed that the annual maintenance charge shall be a lien and encumbrance on the land with respect to which said charge is made and it is expressly agreed that by the 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.
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 under mortgage or any proceeding in lieu of foreclosure thereof shall, however, extinguish the lien of such maintenance charges as to payment thereof which became due and 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.
By his acceptance of title each owner shall be held to vest in the Association the right and power in its own name and take and prosecute all suites (legal equitable, or therewise) 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.

D – EXTENSION TO ADDITIONAL PROPERTIES:

Should the Grantor develop or subdivide additional lands adjacent or contiguous to Meadowbrook Valley Subdivision #1, Grantor may, but shall not be obligated subject such new development or subdivision to restrictions substantially in the form hereinbefore imposed upon those subdivisions, including requirements for the payment of maintenance charges and the requirement for mandatory member in the Association, and said land may be incorporated with the subdivision in one development (the Development) for the purpose of the interpretation and enforcement of these restrictions. Should the Grantor elect to exercise this option, it shall so provide in the Declaration of Restrictions applicable to said new development or subdivision. In such event, these restrictions and those applicable to the new development or subdivision shall be considered to be reciprocal negative easements thus making the restrictions applicable herein enforceable by property owners in the new land and restrictions applicable to said new land enforceably by property owners of the Subdivision. It is contemplated that subsequent to the date hereof, Trinity Land Ltd., a Michigan corporation, will succeed to the interest of the Grantor in the subject property and development and that Trinity Land Ltd., as Assignee of Grantor, may develop such additional land, and shall in such event, succeed to all of the rights of the Grantor herein.

E – GENERAL RESTRICTIONS

Use of Property

All lots in the subdivision shall be used for residential purposes and so building of any kind whatsoever shall be erected, re-erected, moved or maintained thereon except for occupation by one single family. A private attached garage for the sole use of the owner, purchaser or occupant may be provided. A family shall mean one person or a group of two or more persons, living together and related by consanguinity, marriage or legal adoption. Persons thus constituting a family may also include foster children, guests and domestic servants. The Grantor may permit the occupation of a dwelling by persons not constituting a family as defined herein provided it finds in the Grantor's opinion that such occupancy will not be detrimental to the purposes sought to be obtained by these Restrictions. Such permissions shall be obtained in writing from the Grantor prior to occupancy by persons not consulting a family as defined herein.
Notwithstanding that which may be contained herein to the contrary, the Grantor, its agents or sales representatives may occupy and use any house built in the subdivision or a temporary building or mobile trailer as an office for sales and/or administrative purposes.
House trailers, mobile homes, motor homes, campers, boats or boat trailers, snowmobiles and snowmobile trailers and motorcycles and motorcycle trailers, trailers of any kind, or vehicles used for commercial purposes including, but not limited to, pickup trucks, (except while making normal deliveries) shall not be stored nor parked on any lot except within a private attached garage.
No lot in said subdivision may be divided. However, Grantor may approve the division of a vacant lot where a portion of said vacant lot is to be combined with an adjoining lot which thereafter shall be considered to be a part of said adjoining lot for all purposes. Such Grantor approval must in order to be valid, be in writing.
No Grantor reserves the right to construct, maintain, repair and/or replace entrance markers and related equipment and services adjacent to entrances to the subdivisions.
No use shall be made of any part of the Common Areas for the purpose of construction upon any lot in the subdivision including but not limited to the user of ingress and egress by vehicles related to construction, except with the prior written approval of the Grantor, which approval may be made subject to such assurances as access being given to and in the event any damage being done, that the person to whom such approval is given, will restore the condition of the Common Areas to the condition existing prior to the commencement of any such work.

Character Size and/or Locations

of Buildings and Structures

No building or other structure including swimming pools shall be commenced, erected or maintained, not shall any addition to or change or alteration to any structure be made, except interior alterations, until the plan and specifications prepared by a competent architect showing the nature, kind, shape, heights, materials, color scheme, approximate cost of such structure, location on lots and the grading plan of the lot to be built upon shall have been submitted to and approved in writing by the Grantor, and a copy of said plans and specifications as finally approved shall, if required by Grantor, be lodged with said Grantor.
No fence, garden wall, patio screen, dog run, pool enclosure, or other similar devices and/or structures shall be permitted until the plans and specifications thereof shall, prior to start of construction, have first been submitted in writing to the Grantor and approved by the Grantor. In approving any of the plans and specifications of the hereinabove mentioned devices and/or structures, the Grantor may require suitable screening with adequate shrubs, landscape materials or other modifications. In approving any of the above mentioned devices, the Grantor shall take into consideration the factors stated in the following paragraphs.

Yard Enclosures:

A dog run may be approved subject to all the above, provided said dog run is attached to the rear of the main structure, does not extend beyond the side yard building lines of the main structure, and does not exceed 54 inches in height.
Patio screens may be approved subject to all of the above, provided that said patio screen is attached to the rear of the main structure, does not exceed six feet in height, 16 feet in depth and 32 feet in width. In any event, no fence shall be permitted in the front yard or in the side yard except an ornamental fence not exceeding three feet in height. The front and side yards shall include all of that area from the front lot line back to the rear corner of the building thence perpendicular to the side of the house (or garage), to the lot line.

Swimming Pools:

Swimming pools are considered structures as defined in Paragraph 1 above. Only in-ground pools will be approved in Subdivision. Above ground swimming pools will not be permitted. Above ground pools are defined as being swimming pools which project 18 inches or more above grade on any side.
Children's pools having retaining walls no higher than 18 inches from ground level to the top edge of the retainer and covering no more than 125 square feet of ground surface shall be considered to be wading pools and not above-ground pools. Such pools shall be a type that can be readily emptied, may not require filtering equipment and may only be used during the period from May 1 st to October 1 st .
The Grantor shall have the right to refuse to approve any such plans of specifications or grading plans which are not suitable or desirable in its opinion for aesthetic or other reasons; and in so passing upon such plans, specifications and grading, it shall have the right to take into consideration the suitability of the proposed building or other structure to be built to the site upon which it is proposed to be erected. It is understood and agreed that the purpose of this paragraph is to cause the platted lands to develop into a beautiful, harmonious, private, residential area, and if a disagreement on the points set forth in this paragraph should arise, the decision of the Grantor shall control.
In the event Grantor shall have failed to approve or disapprove such plans and location within thirty days after the same shall have been delivered to the Grantor, then such approval will not be required provided the plans and location on the lots conform to these restrictions and applicable zoning laws and provided that the plans and location on lot are harmonious with existing structures.
In any event, with or without the approval of the Grantor no dwelling shall be permitted on any lot in the subdivision unless it complies with the existing ordinances of Avon Township , as to square footage, height, size and etc.

Building Lines:

No building on any of said lots shall be erected that is not in full conformance with the set-back requirements of the Zoning Ordinance of Avon Township.

Animals:

No chickens, other fowl, horses or livestock shall be kept or harbored on any of the said lots or Common Areas. No animals shall be kept or maintained on any lot except household pets for use by the occupants of the dwelling. No animals shall be kept on the premises for any commercial use. Household pets shall have such care as not to be objectionable or offensive on account of noise, odor or unsanitary conditions. Animals may be declared nuisances by Grantor and must be removed within thirty days if so requested in writing by the Grantor or its authorized representatives.

Signs:

No signs or billboards shall be placed or maintained on any lot except one sign advertising the lot, or house and lot, for sale or lease and having not more than six square feet of surface and the top of which shall be three feet or less above the ground; provided, however, such other signs may be erected and maintained on lots as are permitted by written consent of the Grantor.

Easements:

Easements and rights of way are hereby reserved as shown on the recorded plat. In addition, easements and rights of way are reserved in and over a strip of land six feet in width along all rear, front and side lot lines wherever it may be deemed necessary for the installation or maintenance of telephone or electric poles, lines of conduits; sewer; gas lines; water mains; for drainage purposes; or for the use of any other public utility deemed necessary or advisable by Grantor. The use of all or a part of such easements and rights of way may be granted or assigned at any time hereafter by the Grantor to any person, firm governmental unit or agency or corporation furnishing any such services.

Refuse:

No refuse pile or other unsightly or objectionable materials shall be allowed on any of said lots unless the same shall be properly concealed. Refuse, ashes, building materials, garbage and debris of any kind shall be cared for in such a manner as not to be offensive to neighboring property owners. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

F – ASSIGNMNET OF GRANTOR'S RIGHTS:

Grantor, by appropriate instrument in writing may designate a person, firm or corporation to perform such of its duties and obligations as it shall specify which designation shall be revocable at the will, whim or caprice of Grantor. Grantor may at any time assign all part of its rights, privileges and duties of supervision and control in connection with these restrictions which are herein reserved to the Grantor, to the Association and upon the execution and recording of appropriate instrument of assignment by the Grantor, the said Association shall thereupon have and exercise all the rights relating to those parts of the restrictions which have been assigned by the Grantor and the Grantor shall be fully released and discharged from further obligations and responsibilities in connection therewith.

G – VIOLATIONS

With respect to said subdivisions, violation of any restrictions or condition or breach of any covenant or agreement herein contained shall give the Grantor, in addition to all other remedies provided by law, the right to enter upon the land as to which such violation or breach exists, and summarily to abate and remove at the expense of the owner thereof any item which has erected, or any structure, sign fence, thing or condition that may be or exist contrary to the intent and meaning of the provisions hereof, and the Grantor shall not thereby be deemed guilty of any manner of trespass for such entry, abatement or removal.
Grantor, its successors or assigns, shall not be liable for damages to any person submitting plans for approval or to any owner or owners of land covered by this instrument by reason of mistake in judgment, negligence or nonfeasance of itself, its agents or employees arising out of or in connection with the approval or disapproval of failure to approve any plans or specifications, the enforcing or failure to enforce any of the restrictions herein contained, or the doing or failure to do any act which the Grantor is empowered to perform hereunder.

H – TERM OF RESTRICTION

All the restrictions, conditions, covenants, charges and agreements contained herein shall continue in force until January 1, 1998, and shall automatically be contained thereafter for successive periods of twenty years each, provided, however, that after January 1, 1998, the owners of property representing not less than two thirds of the total votes of the Association may amend these restrictions by written instrument executed by or on behalf of said owners and recorded in the office of the Register of Deeds for Oakland County.