Hamilton Highlands Subdivision

Deed Restriction Reference Sheet

Article One Provisions

Listed below is a brief outline. For complete information pertaining to each topic, please consult your deed restrictions filed for Hamilton Highlands.

STORAGE BUILDING: not more than one on a lot, constructed on a permanent foundation consisting of concrete block or a concrete pad, exterior shall contain wood siding/shingle roof/exterior color matching the dwelling, must not exceed 12 feet in height or 100 square feet in floor area, none shall be constructed of tin/aluminum or other type of metal. (Section 3)

UNSIGHTLY OBJECTS: (Section 4)

OFFENSIVE ACTIVITY: (Section 5)

TEMPORARY STRUCTURES: trailer, basement, tent, shack, garage, barn, or other outbuilding shall not be used at any time either temporarily or permanently. (Section 6)

ANIMALS: (Section 7)

SOIL REMOVAL: (Section 8)

SIGNS: (Section 9)

TRASH: trash, garbage or other waste to be kept in sanitary containers and out-of-view of the general public. (Section 10)

UNOPERABLE VEHICLES: cannot be left upon or in front of a lot longer than 30 days in a condition wherein it is not able to be operated upon the public highway. (Section 11)

RECREATIONAL/COMMERCIAL VEHICLES: no truck, trailer, boat, camper, recreational vehicle or commercial vehicle shall be parked or stored in front of or on any lot unless it is in a garage out-of-view from the street and abutting properties. Temporary parking cannot exceed 72 hours in any period of 30 days. (Section 12)

ANTENNA/SATELLITE DISH: must have a diameter of 24 inches or less and located out-of-view from the street. (Section 13)

CONSTRUCTION: (Section 14)

SWIMMING POOLS: No above-ground pool permitted except hot tub or sauna. Above-ground pool means it extends 12 inches or more above the finished grade of the lot. (Section 15)

FENCES: wood, stone or brick only, not higher than 72 inches. (Section 16)

CLOTHESLINES: (Section 17)

MAILBOX: uniform to those installed by M/I Homes in the sub-division. (Section 18)

STORM DETENTION AREA: (Section 19)

Article Two Provisions

STORM DETENTION AREA: this area "Reserve A" shall be owned and maintained by the homeowners' association. (Section 1)

ENTRY EASEMENTS: this area "Exhibit A" (portions of Lots 3-4) shall be maintained by the homeowner's association (Section 2)

ASSOCIATION: all lot owners are members. The purpose of the Association is to own and maintain the Storm Detention area; provide and pay any insurance deemed necessary; pay any taxes or assessments for the Storm Detention area; install and maintain any signs erected in the Storm Detention area; establish rules pertaining to the use of the Storm Detention area; maintain the Entry Easement area; take any necessary action pursuant to its Articles of Incorporation. MEMBERSHIP shall be comprised of the record owners each of whom shall have 1 vote for each lot owned in all election matters. (Section 3)

FEES: each owner is required to pay the annual assessment. (Section 4)

FEE INCREASE: (Section 5)

SPECIAL ASSESSMENT: (Section 6)

MEETING NOTICES: (Section 7)

FEE BILLING: (Section 8)

LIENS: (Section 9)

UNPAID FEES: any fee not paid within 30 days after the due date shall bear interest from the due date at the rate of 12% per annum. The Association may bring action against the owner. NO owner may waive or otherwise escape liability for the assessments provided for by non-use of the Storm Detention Area or Entry Easement Areas, or abandonment of said lot. (Section 10)

FORECLOSURE: (Section 11) (Section 12)

RIGHTS OF STORM DETENTION/ENTRY AREAS: (Section 13)

RELINQUISHING RIGHTS TO THE STORM DETENTION AREA: (Section 14)

RESTRICTION AND/OR CODE VIOLATIONS

When a lot owner feels that a deed restriction violation has occurred, they may personally handle the issue or contact the trustees for assistance. If a lot owner feels that a city code violation has occurred, they may contact "City Code Enforcement" at 645-8139.