ocuments

ARTICLE 3 PROPERTY: USE RESTRICTIONS AND LIMITATIONS

This is an excerpt of article 3 from the Green Valley Ranch CC&R's and is not a substitute for the complete document.
Section 3.2 No Further Subdivision.
Section 3.3 Signs.
Section 3.4 Animals (Pets)
Section 3.5 Nuisances
Section 3.6 External Maintenance and repair: Owners obligations
Section 3.8 Unsightly articles
Section 3.9 Temporary Structures
Section 3.11 Alterations
Section 3.12 Additional Limitations

3.12.1 Commercial use of residential property
3.12.2  Utility/storage areas
3.12.3  Sports equipment
3.12.4  Patio covers
3.12.5  Intent to control street parking
3.12.6  Parking of commercial vehicles
3.12.7  Performing vehicle repairs
3.12.9  Use of garage

Section 3.13 Improvements
Section 3.14 Landscaping


  3.2 No Further Subdivision.
No Lot, Parcel, Development Tract, Other Area, GVR Common Areas, Subassociation Common Areas or Association Property may be subdivided beyond that whichis initially subdivided by Declarant (including, without limitation, thesubdivision thereof into time-share estates) without the prior written approvalof the Board and of the Architectural Committee; provided, however, thatnothingin this Paragraph shall be deemed to prevent an owner from, or requiretheapproval of the Board, for: (i) transferring or selling any Lot, Parcelorother property interest to more than one (l) person to be held by themastenants in common, joint tenants, tenants by the entirety or as communityproperty; or (ii) the leasing or renting by any Owner of all or any portionof his property interest, provided that any such lease or rental shall besubject to this Declaration.
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3.2.1 The foregoing restrictions shall not apply to a Development Tract or Area that is sold by Declarant to a Builder, Developer or other Owner with the agreement that such transferee shall be responsible to cause the requisite subdividing thereof, and in such case, Declarant shall notify the Board and the Architectural Committee of such fact.
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3.2.2 Division of a Lot, Parcel, Development Tract or Other Area that iswithin a Commercial Area may be further divided subject to all applicable laws,Ordinancesand this Declaration.
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3.3 Signs.
No sign, poster, billboard, banner, flag, advertising device or other display of any kind or nature ("Sign") shall be installed or displayed without the prior approval of the Architectural Committee, except such Signs of customary and reasonable dimensions as may be displayed on a Lot or Parcel advertising the same for sale or lease. Such approval, if any, shall be consistent with the Design Guidelines, Development Standards and Master Sign Plan. The foregoing shall not apply to Declarant for so long as Declarant maintains control of the Association. Builders and Developers shall be taken into consideration with respect to reasonable approval of signs in connection with the marketing, leasing and sale of its product in GREEN VALLEY RANCH.
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3.3.1 No Owner, other Person or entity shall place or install any Sign of any type or kind or other Improvement, or alter or remove the Improvements on the Association Property or GVR Common Areas unless such placement, installation or alteration is first approved in writing by the Board and the Architectural Committee; provided, however, the foregoing shall not apply to Declarantas otherwise provided in this Declaration.
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3.3.2 No Builder, Developer or other Owner including Declarant shall install, place or otherwise maintain any "bootleg", "weekend" or other similar short-term or temporary Sign anywhere within the Property, except pursuant to priorwritten approval of the Architectural Committee and Rules and Regulationswith respect thereto. Such approval, if given, may include the impositionof a charge or deposit to assure compliance herewith.
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3.4 Animals.
No animals, fowls, reptiles, poultry, fish, livestock or insects of anykind (collectively, "animals") shall be raised, bred or keep within the Residential Areas of-the Property, except that a reasonable number of dogs, cats or other common household pets may be kept by owners within the Residential Areas; provided that they are not kept, bred or maintained within the Residential Areas for any commercial purpose, nor in unreasonable quantities nor in violation of any applicable Ordinance or any other provision of this Declaration, and such limitations as may be set forth in the Rules and Regulations.
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3.4.1 As used in this Declaration "unreasonable quantities'' shall ordinarily mean more than two (2) pets per household; provided,however, that the Board of Directors may determine that a reasonable number in any instance may be slightly more or less. The Association acting through its Board of Directors shall have the right to prohibit any animal in any Residential Area which constitutes, in the opinion of the Board, a nuisance to other Owners within the Property. Animals belonging to Owners, occupants, licensees, tenants, subtenants or invitees within the Residential Areas of the Property mustbe either kept within an enclosure, an enclosed yard or on a leash or otherrestraint being held by a person capable of controlling the animal. Furthermore,tothe extent permitted by law, any Owner shall be liable to each and allremaining Owners, their families, guests, tenants and invitees, for any unreasonable noise or damage to person or property caused by any animals brought or kept upon the Property by an Owner or by members of his family, his tenants or his guests. It shall be the absolute duty and responsibility of each such Owner to clean up after such animals.
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3.5 Nuisances.
No rubbish, trash or debris of any kind shall be placed or permitted to accumulate anywhere within the Property, and no odor shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, or offensive. No noise or other nuisance shall be permitted to exist or operate upon any portion of a Lot, Parcel, Development Tract or Other Area so asto be offensive or detrimental to any other Lot, Parcel, Development Tract,Other Area or to Owners or occupants thereof. Without limiting the generalityof any of the foregoing provisions, horns, whistles, bells or other sounddevices (other than security devices used exclusively for security purposes),noisy or smokey vehicles, large power equipment or large power tools, unlicensed off-road motor vehicles or other items which may unreasonably disturb other Owners or their tenants, invitees or licensees shall be located, used orplaced on any portion of the Property without the prior written approvalof the Architectural Committee. Exterior speakers are permitted to be installedby an owner oroccupant, but same are subject to the foregoing limitationswith respect tonot unreasonably disturbing other owners and the like andare subject to the,Rules and Regulations. Alarm devices used exclusivelyto protect the securityof a Lot, Parcel, space within a Commercial Area,or Other Area within theProperty and its contents, shall be permitted, providedthat such devicesdo not produce annoying sounds or conditions as a resultof frequently occurringfalse alarms.
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3.5.1 Further, motorcycles, dirt bikes, off-road vehicles and other mechanized vehicles are prohibited from those portions of (i) Association Property and GVR Common Areas not improved as a street or roadway and (ii) the Property overall which are at the time undeveloped or under development by Declarant, a Builder, a Developer or other Owner.
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3.6 Exterior Maintenance and Repair: Owner's Obligations.
No Improvement anywhere within the Property shall be permitted to fall into disrepair, and each Improvement shall at all times be kept in good condition and repair. If any Owner shall permit any Improvement, which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, the Board, after consultingwith the Architectural Committee, and after affording the Owner of such property reasonable notice, shall have the right but not the obligation to correct such condition, and to enter upon such Owner's Lot or Parcel, but not into a personal residence or commercial type building for the purpose of doing so, and such Owner shall promptly reimburse the Association for the costthereof. The owner of the offending property shall be personally liable forall costs and expenses incurred by the Association in taking such correctiveacts, plus all costs incurred in collecting the amounts due. Each Owner shallpay all amounts due for such work within ten (10) days after receipt of writtendemand therefor.
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3.6.1 Vacant property shall be kept weed and debris free by the Owner thereof. If such Owner shall fail to do so, then the Association may correct or remedy same consistent with the provisions of Paragraph 3.5 above and such Owner shall be liable to the Association therefor as aforesaid.
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3.7 Drainage.
There shall be no interference with the established drainage pattern over any Lot, Parcel, Development Tract, Association Property, GVR Common Areas, Subassociation Common Areas or Other Areas so as to affect any other property unless an adequate alternative provision, previously approved in writingby the Architectural Committee, is made for proper drainage. Each owner within a Residential Area shall not allow or permit surface drainage on his Lotor Parcel to accumulate behind a perimeter wall or penetrate a perimeterwall and cause staining thereof.
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3.7.1 For the purpose hereof, "established" drainage is defined as the (i) drainage which exists at the time the Lot, Parcel, Development Tract, Association Property, GVR Common Areas, Subassociation Common Areas or Other Areas, as the case may be, is conveyed to an Owner (including a Builder or Developer), Association or governmental agency or department by Declarant, or (ii) later grading changes which are shown on plans approved by the Architectural Committee, which may include drainage from the Association Property, GVR Common Areas or Subassociation Common Areas over a Lot, Parcel, Development Tract or Other Area within the Property. Nothing herein shall abrogate or waive compliance with applicable drainage controls and Ordinances of the City of Henderson.
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3.8 Unsightly Articles.
No unsightly articles, including clotheslines, shall be permitted to remain on any Lot, Parcel, Development Tract or Other Area so as to be visible from the public or private streets, Association Property, GVR Common Areas, Subassociation Common Areas or from any other Lot, Parcel, Development Tract or Other Area. Without limiting the generality of the foregoing, refuse, garbage and trash shall be kept at all times in covered, sanitary containers or enclosed areas designed for such purposes).
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3.8.1 As to Residential Areas, such containers shall be exposed to the view of neighboring Lots or Parcels onlv when set out for a reasonable periodof time (not to exceed twelve (12) hours before and after scheduled trash collection hours).
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3.8.2 There shall be no exterior fires whatsoever, except barbecue firesor fireplaces contained within receptacles commercially designed therefore,such that they do not create a fire hazard, and except as specifically authorized in writing by the Association (and subject to applicable Ordinances and fire regulations).
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3.9 No Temporary Structures.
Unless approved in writing by the Board in connection with the construction of authorized Improvements, no Improvement, structure, tent, shack or other temporary building, including storage sheds, shall be placed upon any portion of the Property. The foregoing shall not apply to (i) Declarant during development, construction, sale and/or leasing of all or part of the Property, or (ii) a Builder or Developer during its development, construction, sale and/orleasing on its Development Tract or Other Area within the Property, but only with respect thereto.
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3.10 No Mining and Drilling.
The Property shall not be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons, geothermal heat, minerals, rocks, stones, gravel or earth, nor shall oil, water or other wells, tanks, tunnels or mineral excavations or shafts bepermitted upon or below the surface of any portion of the Property. The foregoingis not intended t,o prohibit or preclude the use of water storage tanks andappurtenant facilities needed in connection with landscaping maintenanceand upkeep.
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3.11 Alterations.
There shall be no excavation, construction, alteration, erection or Construction Activities (defined in the Article hereof entitled "Architectural and Landscaping Control") of any projection which in any way alters the exterior appearance of any Improvement from any public or private street, or from any other portion of the Property (other than minor repairs or rebuilding) without the prior approval of the Architectural Committee pursuant hereto. There shall be no violation of the setback, sideyard, commercial, slope or other requirements of local governmental authority and Ordinances, notwithstanding any approval of the Architectural Committee; however, variances granted by local governmental authority shall not be deemed a violation of this Declaration.
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3.12 Additional Residential Areas Uses and Limitations.
All Lots, Parcels, Development Tracts or Other Areas within a Residential Area of the Property shall be improved and used solely for residential dwelling use purposes which may be either singlefamily or multi-family depending upon the land use Zone Classification and other use grants issued by the Cityof Henderson applicable thereto; provided, however, that this provision shall not preclude any owner (including a Builder or Developer) from renting or leasing a Lot, Parcel or portion of a Development Tract or Other Area bymeans of a written lease or rental agreement subject to this Declaration.The provisions of this Paragraph shall not preclude an occupant who is engagedin individual professional work (e.g. accountant, bookkeeper) without externalevidencethereof, for so long as (i) such occupant conducts its activitiesin conformancewith all Ordinances, (ii) such business activity is merelyincidental to theuse thereof as a Residence, and (iii) such occupant doesnot solicit or invite the public to such Residence as part of such businessactivity.
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3.12.1 No area within a Residential Area shall ever be used, or caused to be used or allowed or authorized to be used, in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storage, vending, or other such nonresidential purposes; except Declarant, its successors and assigns, Builders and Developers may use portions of a Residential Area owned by it for a model home site(s), display and sales office(s) and construction office during the construction, sales and/or leasing period for such Development Tract or Other Area. The foregoing shall not prohibit the management andoperation of an apartment development within the Residential Area.
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3.12.2 All utility and storage areas and all laundry rooms, including all areas in which clothing or other laundry is hung to dry, must be completely covered or concealed from view from surrounding or adjoining areas.
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3.12.3 No basketball backboard or other sports apparatus shall be constructed or maintained on the Property without the prior written approval of the Architectural Committee.
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3.12.4 No patio cover, exterior wiring, air conditioning fixture(s), or other devices shall be installed on the exterior of a Residence or other Improvements or~ be allowed to protrude through the walls or roof thereof, unless theprior written approval of the Architectural Committee is obtained.
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3.12.5 It is the intent of the Declarant and the Association to restrictand control on-street parking within Residential Areas. Vehicles (includingbikes of all types) of all Owners, occupants, lessees, tenants, subtenants,their employees, guests, licensees, and invitees, are to be kept in garages,carports, residential driveway of the Owner, and other designated parkingareas wherever and whenever such facilities are sufficient to accommodatethe number of vehicles at a Residential Lot or Residential Parcel; provided,however, this subparagraph shall not be construed to permit the parking inthe above-described areasof any vehicle whose parking is otherwise prohibitedby this Declaration orthe Ordinances.
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3.12.6 No Person shall park, store or keep on any street (public or private) within the Property any large commercial type vehicle (including, but not limited to, any dump truck, cement mixer truck, oil or gas truck or delivery truck); any recreational vehicle (including, but not limited to, any camper unit, house/car or motor home); any bus, trailer, trailer coach, camp trailer, boat, aircraft or mobile home; or any inoperable vehicle or any other similar vehicle. The above excludes camper trucks and similar vehicles up to andincluding three-quarter (3/4) ton when used for everyday-type transportationand subject to approval by the Board. In addition, no Person shall park,store or keep anywhere within the Property any vehicle or vehicular equipment,mobile or otherwise, which is deemed to be a nuisance by the Board. All trailers,campers, motor homes and similar recreational vehicles shall be parked inenclosedgarages or otherwise adequately screened from view by way of a structureapprovedby the Architectural Committee. Garages shall be kept closed atall times,except as reasonably required for ingress to and egress from theinteriorof the garages.
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3.12.7 No Person shall perform repairs or restoration of any motor vehicle, boat, trailer, aircraft or other vehicle upon any portion of any Lot or Parcel or elsewhere within the Property, except wholly within the Person's garage; provided, however, (i) any such repair or restoration activity may not be performed unless the garage door thereof is closed, and (ii) that such activity shall at no time be permitted if it is determined by the Board to be a nuisance. Notwithstanding the foregoing, these restrictions shall not be interpreted in such a manner so as to permit any activity which would be contrary toany Ordinance.
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3.12.8 Each Owner of a Lot, Parcel, Development Tract or Other Area bounded by a perimeter wall or fence constructed between such Owner's property and an exterior boundary street shall be responsible for maintaining the interior portion of said wall or fence in good condition and state of repair, andby acceptance of a deed thereto agrees to so perform.
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3.12.9 No originally installed garage within a Residence shall be approved to be converted to any other use unless there shall be a replacement structure with covered parking.
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3.13 Improvements.
Unless otherwise designated in writing by Declarant, no Lot, Parcel, Development Tract or Other Area within the Property shall be improved except in fullconformity and compliance with this Declaration including the DevelopmentStandards and Design Guidelines. No part of any Construction Activities onany of the Property shall exceed the height limitations set forth in theapplicable provisions of the City of Henderson's Development Code or otherapplicable governmental regulation(s) and Ordinances and the Design Guidelines.No projections ofany type (e.g. air conditioning) shall be placed or permittedto remain abovethe roof of any building or structure within the ResidentialAreas of theProperty, except one or more chimneys or vent stacks. Projectionsabove aroof within the Commercial Areas shall only be permitted with priorapprovalof the Architectural Committee.
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3.14 Landscaping.
Within 180 days after the close of escrow for the sale of a Lot or Parcel containing a Residence, the respective Owner shall install all front andrear landscaping and thereafter maintain (except for that landscaping tobe maintained by the Association or a Subassociation) the landscaping thereonin a neatand attractive condition, including all necessary maintenance andgardening.
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