Covenants and Guidelines

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Declaration of Covenants, Conditions & Restrictions

Stoneridge is a private residential community being developed by Stoneridge Development Limited (the “Transferor”) that has been designed to complement the natural beauty and characteristics of the land. The average lot is over 3 acres and some run 4, 5, and even 6 acres to minimize each homeowner’s impact on the land and their neighbors; and to help preserve this spectacular setting. The purpose of these covenants is to help ensure that the integrity, desirability, and beauty Stoneridge endures. The covenants will also help ensure each homeowner’ s property value is not compromised but, rather, significantly enhanced over time. With these covenants each owner will be bound to Stoneridge’s plan to protect this extensive natural environment and create a beautiful neighborhood.

Each lot owner agrees to observe and comply with these covenants, conditions and restrictions. They are for the mutual benefit and protection of the owners, present and future of the parcels on this property. The burden of these covenants shall run with the lands and shall be binding upon all persons having or acquiring any right, title or interest in the property, or any portion thereof, and shall inure to the benefit of the heirs, executors, administrators, representatives, successors and assigns of the parties.

It is the responsibility of each Stoneridge homeowner to strictly abide by the laws of the Province regarding construction, improvements and use of their land and to obtain proper permits for same if they are so required.

General Provisions

SCHEDULE “E”

1.        The lands shall be used for private residential purposes only. No residence shall be used for any purpose other than that of a private dwelling for a single family, notwithstanding any municipal by-law or regulation permitting the same.

2.       No main building other than a single-family dwelling may be constructed on each lot and no more than one secondary detached building, such as a garage or storage facility, may be erected on any one lot.

3.       No dwelling shall be erected on the said lands without a minimum area of heated floor space used as living area of one thousand five hundred, (1,500) square feet excluding any basement, garage, patio, and porch or like part of the dwelling.

4.       The lands or any building erected thereon shall not at any time be used for the purpose of any profession, trade, or business of any description, nor as a school, hospital or other charitable institution, nor as a hotel, apartment house, duplex, boarding or lodging house or place of public resort. With the express consent of the Transferor exceptions to this clause may be made in cases of professionals whose business does not require their clients to attend at the lands or buildings thereon for purposes related to the business. No retail outlet of any nature will be allowed.

5.       All buildings constructed on the property shall have a minimum setback of seventy-five (75) feet from the road and there shall be no building of any kind within twenty-five (25) feet of the property boundary lines except in exceptional circumstances and then only with the express written consent of the Transferor.

6.       The plans and specifications, including exterior finishes, colours and materials of all proposed buildings and landscape design must be submitted to and approved by the Transferor prior to the commencement of construction. The exterior of the building must be completed within one year after the commencement of construction. Architectural designs that complement the existing natural terrain are encouraged.

7.       No prefabricated or manufactured homes shall be placed on the property without prior written approval from the Transferor.

8.       The nature, location, colour, material and height of any proposed perimeter including a fence, gate, wall, post, hedge or other structure shall be approved by the Transferor.

9.       Any alteration, addition or change affecting the exterior appearance of a dwelling, fence, gate, wall, post, hedge or other structure shall be approved by the Transferor.

10.     Only excavation of the lands for the purpose of building on the same at the time of the commencement of such building or for the purpose of landscaping shall be permitted. No soil, sand or gravel shall be removed from the said lands except with the prior written permission of the Transferor. Excavations shall only be exposed for a minimum length of time, piles of fill will be protected against erosion and disturbed surfaces shall be promptly finished to avoid the silting of any watercourse. All construction techniques shall be so designed and implemented as to prevent the silting or pollution of any watercourse.

11.     The lands shall not be re-graded in such a manner as to block or impede any watercourse or swale, including new watercourses resulting from road construction and culverts. The lands shall not be re-graded in such a manner as to cause water to pond, mu through or build up on any abutting property.

12.     No living and viable healthy trees may be cut, killed or removed from any parcel except when necessary to allow for the construction of a dwelling or other building or to facilitate the development of lawns, gardens or the coastal views from the parcel. No trees six (6) inches in diameter or larger may be cut, killed or removed without express consent of the Transferor.

13.   No refuse, building waste, car bodies, garbage, or obnoxious and unsighdy materials of any kind may be dumped or stored on the property. No incinerator or other refuse-burning device may be built or maintained on the property. All trash and garbage shall be regularly removed from the property and not allowed to accumulate. The Corporation may require all homeowners to subscribe to a single trash pickup service.

14.       The Transferee shall have their own well or other approved water source and septic tank or other approved waste disposal system. All water sources and waste disposal systems must comply with the standards set forth by the Province of New Brunswick.

15.      Lawn equipment, garbage cans, woodpiles, clotheslines, satellite dishes and all other unsightly objects shall be located in such a manner as to conceal them from view of neighbouring properties and streets.

16.        No mobile home, trailer, camper, recreation vehicle, boat or truck over one ton may be placed or parked outside on the property in view from the road or other property for a period of more than two weeks in any one calendar year.

17.       No unregistered vehicle shall be kept on the lands except within a wholly enclosed garage. No major repairs to any vehicle shall be affected upon the lands except within a wholly enclosed garage.

18.         Snowmobiles, ATVs or other off road motorized vehicles may be used only on the Transferee’s private property. Excessively noisy vehicles are prohibited at all times.

19.       No billboards or advertising structures are permiued on any lot except temporary real estate signage. House identification signs are permitted with written approval from the Transferor.

20.        No animals other than regular household pets normally permitted in private homes shall be kept on the lands and no breeding of pets or livestock shall be carried out on the lands. It shall be the responsibility of the owner to maintain the pets, lands, kennels, etc in such a manner as not to be offensive.

21.       No part of the lands shall be conveyed, subdivided, alienated, leased or otherwise disposed of, or subdivided save in conjunction with the entire parcel. Should a realignment of boundaries be deemed desirable and not in conflict with the intent of this section, the express written approval of the Transferor must be obtained and the Transferor must indicate this approval by signing an amended subdivision plan.

22.       The lands or any portion thereof shall not at anytime be used for the purpose of permitting access to any other lands whether now owned by the Transferor or otherwise, and no right of way or right of use to any road or common area is transferable or assignable by the Transferee to a third party. This clause is not intended to prevent the Transferee from selling all the lands and all the rights pertaining thereto to a purchaser, but the Transferee shall not be entided to reserve or retain any right or privilege in or to the lands at the time of such sale.

23.      The Transferee shall contribute an amount equal to his proportional share (based upon the number of lots in the development) of the cost of upkeep and maintenance, including snow removal of all roads, trails, rights of ways and common areas to which all land owners have access.

24.       The Transferor may convey title to all roads, rights of ways and common areas (collectively referred to as “Common Areas”) together with the rights of the Transferor under all of these restrictive covenants to a body corporate (“Corporation”) incorporated for the purpose of maintaining the Common Areas. The Corporation and the Transferee, their heirs, executors, administrators, successors and assigns will uphold all of the restrictive covenants contained herein including this clause. The Transferee covenants and agrees to become a member or shareholder of the Corporation.

25.       Wherever the consent of the Transferor is required it shall not be unreasonably withheld.

26.        The restrictive covenants herein contained are severable and the invalidity or unenforceability of any covenant shall not affect the validity or enforceability of any other restrictive covenant.

27.       The Transferor may alter, waive or modify any of the foregoing restrictive covenants provided the substance of the restrictive covenant remains the same.

28.       These restrictive covenants are for the mutual benefit of all of the lots in the Landmark Estates Subdivision 96- 1. The burden of these restrictive covenants shall run with the lands and shall ensure to the benefit of and be binding upon the Transferee and the Transferor, their respective heirs, executors, administrators, successors and assigns. These restrictive covenants shall be binding upon all occupants, guests and tenants of the Transferee upon the lands.

29.       The Transferee agrees to obtain from any subsequent purchaser or transferee a covenant to observe the restrictive covenants set out herein, including this clause and these restrictive covenants are to run with the lands.

30.        The restrictive covenants are to be read with all changes in gender and number required by the context.


Membership & Voting Rights

Every owner of a lot in Stoneridge shall be a member of the Stoneridge Owners Association and such membership shall be appurtenant to and may not be separated from ownership of any lot within the development.  A member is entitled to one vote for each lot owned.  When more than one person owns a lot, all such persons shall be members, but the vote for such lot is limited to one.

Property Rights

Every owner of a lot shall have a right and easement of enjoyment in and to the common areas and such easement shall be appurtenant to and shall pass with the title to every lot subject to the following:

(a)  The right of the Association to limit the number of guests of members and owners.

(b)  The right of the Association to establish rules and to regulate the use of common areas or any facility situated upon common areas.

Upon completion of the development or at such time as the Developer deems fit, the Developer will transfer, convey and assign title to the roads, right of ways, and common areas to the Owners Association.

Assessments

The owner of each lot in Stoneridge by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association an amount equal to his proportional share of the cost of upkeep and maintenance of all roads, trails, right of ways and common areas to which all landowners within Stoneridge have access.

Additionally, capital assessments for capital improvement may be levied from time to time.  Such capital improvements having been approved by a majority vote of the members of the Association.

The assessments together with interest costs and reasonable attorney fees shall be a charge on the land and shall be a continuing lien on the property against which such assessment is made.  Each such assessment together with interest costs and reasonable attorney’s fees shall also be the personal obligation of the owner(s) of such property at the time the assessment fell due.

Assessments must be fixed at a uniform rate for all lots subject to assessment and may be collected on a monthly or prepaid semi-annual basis.

Any assessment not paid within thirty days after the due date shall bear interest from the due date at the rate of eighteen percent (18%) per annum.  The Association may bring an action at law against the owner personally obligated to pay any assessment.  No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common areas or abandonment of his lot.

Easements

There is hereby created a blanket easement upon, across, over and under the property for installation, replacing, repairing and maintaining all utilities.  By virtue of this easement, it shall be expressly permissible for each individual property owner or public service utility company or municipality to install and maintain the necessary equipment on said property.  Not withstanding anything to the contrary contained in this paragraph, no utilities may be installed or relocated on the property except as initially programmed and approved by the Developer.

Lots A,B,C,D Easement.  The owners of Lots A, B, C, and D are hereby granted an easement for ingress and egress over the street as shown on the plat.  Such easement  shall be irrevocable, appurtenant to and shall pass with the title to lots lettered A, B, C, and D as registered in the office of the Recorder of Records.  As stated herein, the owners of Lots A, B, C, and D shall not be members of the Stoneridge Owners Association and therefore shall not be subject to the rights and obligations of owner/members.

The owners of Lots A, B, C, and D shall contribute an amount equal to their proportional share of the cost of upkeep and maintenance of the road, including snow removal, used for ingress and egress to their properties.

Enforcement

The Owners Association and any owner of a lot within Stoneridge shall have the right to enforce, by any proceeding at law or in equity, these restrictions, conditions and covenants now or hereafter imposed by the provisions of this Declaration and the Owners Association.  Failure by the Association or by any owner to enforce any covenant or restriction shall in no event be deemed a waiver of the right to do so thereafter.

Invalidation of any one of these covenants or restrictions by judgment or court-order shall in no way affect any other provision of these Covenants which shall remain in full force and effect.

The Owners Association may assess reasonable fines for the violation of any of the Covenants.  Such fine shall become part of that owner’s assessment and, accordingly,  shall be a continuing lien on that property and its owner until paid.

Architectural Guidelines

The following guidelines are provided to help establish the desired architectural character of all buildings in Stoneridge.  While creative architectural designs and solutions are encouraged to compliment the uniqueness of each property, all designs should be compatible with each other and harmonious with the surroundings.  The richness and character of traditional East Coast maritime architecture should serve as a major reference for the design of Stoneridge homes.

Materials, Color and Form

Materials used should be primarily those that are typical to the northeastern coast region.  The use of natural materials such as cedar shingles, wood siding and local stone should dominate.

Warm earthy tones, muted natural colors and light-to-dark wood stains should predominate.  Designs in cedar shingles and wood siding must be stained in natural earth tones or be allowed to weather naturally.

The size and mass of each structure should be scaled to the site.  Shape and location of buildings should fit, where possible, with the existing terrain. The incorporation and integration of driveways and landscaping into the natural setting is essential.

Accessory structures including but not limited to greenhouses, gazebos, and garden/tool sheds should be of the same or complimentary material and design as the residence.

Decorative objects including but not limited to outdoor sculptures, fountains, lawn ornaments and other such landscape features must be in keeping with the overall character of Stoneridge.

Roofs

Pitched roofs of varying heights with dormers, gables and generous overhangs add architectural interest and are encouraged.

Roof colors shall be complimentary to the predominant color tones of the main structure and should blend with the natural surroundings.  Brightly colored roofs are not allowed.

Roof vents, plumbing stacks, flashing and metal chimney caps should be painted to match the roof color and, where possible, placed where they’re hidden from public view on remote slopes of the roof.

Driveways

Driveways should not exceed a width of 15 feet and, where possible, curve through the landscape to avoid direct views from the road to the house or garage.

Verandas, Balconies, Patios and Decks

Verandas, balconies, patios, and decks are encouraged to not only allow for outdoor living and capitalize on views and vistas but to assist with scale and architectural interest.

The design and placement of these elements should represent logical extensions or components of the building’s design and should be constructed of the same quality materials found in the residence itself.  No unfinished metal or fiberglass products are permitted.

No one patio or deck shall exceed 35% of the total living area of the principle residence.

Lighting

The source of lighting shall be designed so that visibility from the street or other common areas is minimized.  No colored lenses, flashing or blinking lamps are permitted.

All lighting shall be compatible with the residential design of the home.

Up-lighting and/or down-lighting in landscaped planting areas, under and in tree and shrub masses, and along walkways is permitted provided there is no glare or excessive spillage.

Lighting for the sole purpose of security is limited to fixtures activated by motion detectors or located in such areas so as not to interfere with neighboring properties or common areas.

Fences and Walls

In general, fences are not encouraged except where they are integrated into the design of the principle residence and enhance the overall architectural character.  Hedges, low beams, trees and shrubs are preferred.

Fences, when permitted, shall be high enough to provide definition yet low enough to remain unobtrusive.

All fences and walls should be of the same or complimentary material and design as the main residence.  No barbed wire or electrical strands are permitted, and no chain link fences are allowed unless prior approval has been granted from the homeowners association in charge.

Complete enclosure of front or rear yards by fencing or walls is not permitted because the feeling of openness and the unobstructed beauty of the natural setting is a very important element within the character of Stoneridge.  Individual lots in Stoneridge should blend with each other in as natural a way as possible.

Fences and walls may not be located so as to accentuate property lines.