1. Application. These Protective Covenants
shall apply to all of the Existing Properties except the Lots
referred to under Tract No. 1, ARTICLE II. Same shall also apply to
additions to Existing Properties unless the Developer shall
specifically except from these Protective Covenants such additions
or a portion thereof in the Supplemental Declaration by which the
Developer subjects such additions to this Declaration.
When the Architectural Control Committee, hereinafter referred to as
A.C.C., is alluded to in these Protective Covenants it shall mean
either the Board of Directors of the Developer or the Architectural
Control Committee appointed by the Board of Directors pursuant to
ARTICLE XII of the Declaration. The provisions of ARTICLE XII of the
Declaration shall prevail in all respects as to these Protective
Covenants, in the event of conflict between these Protective
Covenants and ARTICLE XII of the Declaration.
Rescission or Additions.
The Board of Directors of the Developer, its successors and assigns,
may amend, rescind or add to the Protective Covenants from time to
time, but unless the Lots are specifically exempted from the
Protective Covenants by the Declaration or a Supplemental
Declaration at the time the Lots are subjected to the plan of the
Declaration, such Amendment, Rescission or Additions shall not make
the Protective Covenants as to those Lots zoned as Residential less
restrictive than as provided in the Federal Housing Administration’s
then current edition of “Minimum Property Standards for Single
The notes upon the recorded subdivision plats shall control as to
use of the Lots reflected thereon. Structures upon Lots designated
as commercial upon a re corded subdivision plat shall be entirely
controlled as to kind, shape, height, materials, et cetera by the
A.C.C. As to Lots designated as Residential Lots upon a recorded
subdivision plat, the notes upon the recorded subdivision plat shall
control regarding the residential structure types (Single Family
Detached, Single Family Attached and Multifamily Structure) which
shall be permitted. The notes upon the recorded subdivision plat
shall also control as to minimum square footage of each Single
Family Detached structure, Single Family Attached structure, as well
as each Living Unit in a MULTIFAMILY structure. Provisions of
ARTICLE XII shall control as to kind, shape, height, materials, et
cetera in regard to all structures erected upon or moved upon
No lot so designated shall be re-sub-divided except upon written
approval of the A.C.C.
No structure of a temporary character, trailer, basement, tent,
shack, garage, or other outbuilding shall be used on any lot at any
time as a residence, either temporarily or permanently.
No building shall be placed closer to the Roads and Streets than the
setback line shown on a recorded
subdivision plat, except where such requirement creates an undue
hardship. upon the Owner, such setback may be modified as necessary
to prevent the hardship by the A.C.C.
8. Side Yards.
Where Lots are zoned as Residential the following shall apply:
.(a) A Single Family Detached structure or any building incident
thereto shall not be closer to a side lot line than 5 feet, except
where such restriction creates an undue hard ship upon the Owner the
A.C.C. may modify this restriction so as to alleviate the hardship;
.(b) A Single Family Attached structure shall not be required to
have a side yard, and a common or party wall may be constructed upon
the dividing lines between Lots so that the wall may be partially
upon one Lot and partially upon the other, or said common wall may
be entirely upon one of the two lots involved.
.(c) There shall be no requirement as to a side yard
where Multifamily structures are involved, and subject to approval by
the A.C.C., Multifamily structures may be constructed up to or upon
the dividing lines between Lots.
The A.C.C. shall decide all questions relative to location of
Commercial structures upon Lots where such structures are permitted
subject to paragraphs numbered 4 and 7 hereof.
9. Land Near Lakes,
Water Courses, Golf Courses, Permanent Parks, Permanent Recreational
No building shall be placed nor shall any material or refuse be
placed or stored upon any Lot or other Parcel of Land within 20 feet
of the property line of any Lake or within 20 feet of the edge of
any open Water Course, or within 20 feet of the property line of any
Golf Course, Permanent Park or Permanent Recreational Plot. Clean
fill may be placed nearer to the property line of a Lake or the edge
of an open Water Course in the event the written permission of the
A.C.C. is first obtained. Likewise, by written permission of the
A.C.C. a boat dock or boat house may be placed closer than 20 feet
to the property line of a Lake or the edge of an open Water Course.
The decision of the A.C.C. as to the permission aforesaid shall be
final and conclusive.
10. Construction of
The contractor, builder, person or entity constructing a building
upon The Properties shall, prior to beginning the construction of
any such building, furnish to the A.C.C. proof that a suitable
completion bond has been made to insure completion of the building
and to indemnify the Owner against material and mechanic liens. At
the same time there shall be furnished to the A.C.C. satisfactory
proof that builders’ risk insurance, including workmen’s
compensation insurance, if applicable, will be in effect for the
construction period. If the Owner is his own builder, he shall
furnish to the A.C.C. such credit information and proof of financial
ability to complete the building within the time requirements of
these Protective Covenants, as shall be required by the A.C.C. In
such case, the Owner shall also furnish to the A.C.C. proof of
builders’ risk insurance,
including workmen’s compensation insurance, if applicable, being in
effect for the construction period.
11. Time for
Completion of Building.
Commercial structures, Single Family Attached structures, and
Multifamily structures shall be completed according to plans and
specifications both as to exterior and interior within such time as
shall be fixed by the A.C.C. when the plans and specifications for
the particular structure are approved by the A.C.C. The following
shall apply to the construction of a Single Family Detached
structure as well as garage and outbuildings permitted:
.(a) The exterior of any Single Family detached structure,garage, or
outbuildings permitted which shall be erected upon or moved upon any
Lot of The Properties cov ered by these Protective Covenants shall
be completely finished within six months of the date of the start of
.(b) The interior of any Single Family Detached structure,garage or
outbuildings permitted, which shall be erected upon or moved upon a
Lot of The Properties covered by these Protective Covenants shall be
completely finished within twelve months following the start of
The contractor, builder or Owner will submit all structures to
inspection by the A.C.C. as required to determine compliance with
completion dates as herein provided or as may be provided by the
A.C.C. In the event of non-compliance with completion dates as
herein provided the Developer and/ or the Club shall have the right,
but not the obligation, to hire a contractor and/or contractors to
perform the work and furnish the materials necessary for compliance
and the particular party acting shall bill the Owner for the amount
expended plus 10% for administration. In the event the Owner does
not pay same the Developer and/or the Club, as the case may be,
shall have the legal right to file a statutory lien against the
property involved and proceed in law or equity to sell the property
to obtain said charges. All money received over and above said
charges and court costs shall be paid over to the Owner.
12. Electric Wiring
Electric wiring and plumbing installed in any structure erected upon
or moved upon The Properties shall be in accordance with standards
prescribed by the A.C.C., and in no event shall such standards be
less restrictive than those provided by the Federal Housing
13. Sewage Disposal.
No privately owned sewage disposal system shall be permitted upon
any Lot or Parcel of Land of The Properties covered by these
Protective Covenants unless such system is designed, located and
constructed in accordance with requirements, standards and
recommendations of the Arkansas State Health Department and approved
by the A.C.C.
14. Water Supply.
No privately owned water system shall be permitted upon any Lot or
Parcel of Land of the Properties covered by these Protective
Covenants unless such system is designed, located and constructed in
accordance with requirements, standards and recommendations of the
Arkansas State Health Department and approved by the A.C.C.
Outbuildings or accessory buildings, such as a garage, servants
quarters or guest house, shall
be permitted on Lots upon which a Single Family Detached structure
has been constructed or is under construction, provided the building
and/or buildings are occupied by servants employed on the premises
or by guests, and are not occupied otherwise as rental units by
nonservant or nonguest occupants, and provided the A.C.C. shall
approve the design, plans, specifications, et cetera of such
Outbuildings or accessory buildings permitted upon Lots or Parcels
of Land upon which there is constructed a commercial building,
Single Family Attached structure, or Multifamily structure, shall be
entirely within the discretion of the
There shall be compliance with all protective screening areas as
reflected upon any recorded subdivision plat of The Properties.
Except as other wise provided herein regarding street intersections
under “Sight Distance at Intersections”, shrub plantings, fences or
walls shall be maintained throughout the entire length of such areas
by the Owner or Owners at their own expense to form an effective
screen in order to protect and beautify the area. No building or
structure except a screening fence or wall or utility or drainage
facilities shall be placed or permitted to remain in such areas. No
vehicular access over the area shall be permitted except for the
purpose of installation and maintenance of screening, utility and
17. Sight Distance
No fence, wall, hedge or shrub planting which obstructs sight lines
at elevations between 2 and 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 25 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
height-line limitations shall apply on any Lot within 10 feet from
the intersection of a street property line with the edge of a
driveway or alley pavement. No tree shall be permitted to remain
within such distances of such intersections unless the foliage line
is maintained at sufficient height to prevent obstruction of such
All signs are prohibited in areas zoned upon any recorded
subdivision plat as Residential except:
(a) Signs erected by the Club for identification of streets, traffic
control and directional purposes;
(b) Signs of a temporary nature advertising property for sale and
construction signs, which signs shall not exceed 5 square feet in
(c) Signs erected by Developer in connection with its sales program.
The erection of signs in areas zoned commercial upon any recorded
subdivision plat shall require a permit of the
A.C.C. and no such sign, except as provided in subparagraph
(a) above, shall be erected without the permit of the A.C.C.
19. Model Houses.
No provision of these Protective Covenants shall preclude the
Developer in furtherance of its sales program from erecting and
maintaining Model Houses in any area zoned upon a recorded
subdivision plat as Residential.
Prohibited in Residential Areas.
Except for the business of the Developer in furtherance of its sales
program the practice of any profession or the carrying on of any
business is prohibited within any area zoned as Residential upon any
recorded subdivision plat of The Properties.
Easements for installation and maintenance of utilities and drainage
facilities are reserved in the Declaration and will be reserved in
any Supplemental Declaration and will also be reserved as indicated
upon any recorded subdivision plat of The Properties. Within these
easements, no structure, planting or other material shall be placed
or permitted to remain which may damage or interfere with the
installation and maintenance of utilities, or which may change the
direction of flow of drainage channels within the easements, or
which may obstruct or retard the flow of water through drainage
channels within the easements. The easement area of each Lot and all
improvements for which the Club, a public authority or utility
company is responsible.
No obnoxious or offensive activity shall be carried on upon any Lot
or Parcel of Land of The Properties.
23. Livestock and
No animals, livestock or poultry of any kind shall be raised, bred
or kept on any Lot or Parcel of Land of The Properties, except that
or other household pets may be kept provided that they are not kept,
bred or maintained for any commercial purpose.
24. Garbage and
No Lot or Parcel of Land of The Properties shall be used or
maintained as a dumping ground for rubbish. Trash, garbage or other
waste shall be kept in a clean and sanitary condition, and
disposition of same shall be prompt.
25. Oil and Mining
No oil drilling, oil development operation, oil refining, quarrying
or mining operations of any kind shall be permitted upon or in any
Lot or Parcel of Land of The Properties, nor shall oil wells, tanks,
tunnels, mineral excavations or shafts be permitted upon or in any
Lot or Parcel of Land. No derrick or other structure designed for
use in boring for oil or natural gas shall be erected, maintained or
permitted upon any Lot or Parcel of Land.
These Protective Covenants shall be enforced as provided in this
Declaration of which the Protective Covenants are a part.
(AMENDMENT FILED FOR RECORD BY CLERK AND RECORDER, BENTON COUNTY,
ARKANSAS, FEBRUARY 8, 1993) To enable the A.C.C. to perform its
responsibilities under the Declaration, any Supplemental
Declaration, and these Protective Covenants, the A.C.C. may
establish and charge such fees to be paid prior to performance of
NOTE: This document is recorded in Book 373 at Page
8 et. seq. of the records of Benton County, Arkansas, and Amendment
now recorded at Instrument Record No. 93-08028 et seq. on February