Sunset Downs Homeowners Association

Restrictive Covenants

6.01

Residential Use and Subdivision of a Lot.

No Lot shall be used except for private residential purposes. No Lot in the Planned Development shall be subdivided.

6.02

Prohibited Uses and Nuisances


In order to provide for a congenial occupation of the homes within the Planned Development, and to provide for the protection of the values of the entire development, the use of the residences shall be in accordance with the following provisions:

(a) Said property is hereby restricted to residential dwellings for residential use. All buildings or structures erected upon said property shall be of new construction, and no buildings or structures shall be moved from other locations onto said property, and no subsequent buildings or structures of a temporary character, trailer, basement, tent, shack, garage, barn or other out building shall be used on any portion of said property at any time as a residence either temporarily or permanently.

(b) Each Lot shall be conveyed as a separately designated and legally described freehold estate subject to the terms, conditions and provisions hereof and all easements, restrictions, and covenants of record in the Register's Office of Shelby County, Tennessee.

(c) Notwithstanding any provisions herein contained to the contrary, it shall be expressly permissible for Declarant to maintain, during the period of the sale of said Lots, upon such portion of the premises as Declarant deems necessary, such facilities, as in the sole opinion of the Declarant, may be reasonably required, convenient or incidental to the sale of said Lots, including but without limitation, a business office, storage area, construction yard, signs, model units and sales office.

(d) No animals, livestock or poultry of any kind shall be raised, bred or kept on any of said Lots except that a dog, cat or other household pet may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Excessive numbers of pets shall not be kept, nor shall pets be permitted to roam freely within the Properties.

(e) No advertising signs( except one of not more than five (5) square feet "for rent" or
"for sale" sign per lot), billboards, unsightly objects or nuisances shall be erected, placed or permitted to remain on said property, nor shall Property be used in any way or for any purpose which may endanger the health or unreasonably disturb the Owner of any lot or any resident thereof. No business activity of any kind whatever shall be conducted in any building or in any portion of said Property; provided, however, the foregoing covenants shall not apply to the business activities, signs and billboards or the construction, sales or maintenance of any home or building, if any, of Declarant, its agents and assigns during the development and sales period of Lots in the Planned Development.

(f) All equipment, garbage cans, service yards, woodpiles or storage piles shall be kept screened by adequate planting or fencing so as to conceal them from view of adjoining landowners or neighboring streets. All rubbish, trash or garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon.

(g) Without prior written approval and the authorization of the Architectural Committee, no exterior television, radio, or other antenna of any sort shall be placed, allowed or maintained upon any portion of the improvements to be located upon the property nor upon any structure situated upon Property.

(h) No action shall at any time be taken by the Association or its Board of Directors which in any manner would discriminate against any Owner or Owners in favor of the other Owners.

(i) Grass, weeds, vegetation and debris on each lot shall be kept mowed and cleared at regular intervals by the Owner therof so as to maintain the same in a neat and attractice manner. Trees, shrubs, vines, debris and plants which die shall be promptly removed from such lots. Until a residence constructed on a lot is sold to a Home Owner, Declarant, at its option and discretion, may mow and have dead trees, siltation, and debris removed from such lots or Private Service Alleys, Common Areas, if any, and the owner of such lot shall be obligated to reimburse Declarant for the cost of such work should he refuse or neglect to comply with the terms of this paragraph.

(j) No obnoxious or offensive trade or activity shall be carried on upon any lot in this Planned Development nor shall anything be done thereon which may be or become an annoyance or nuisance to the Planned Development or other lots owners.

(k) No building material of any kind or character shall be placed or stored upon any of the said Lots until the Owner is ready to commence improvements. Building materials shall not be placed or stored in the Private Service Alleys, Common Area, if any, or street between the curb and the property lines.

(l) There shall be no violation of any rules which may from time to time be adopted by the Board of Directors and promulgated among the membership in writing, and the Board of Directors is hereby and elsewhere in the By-laws authorized to adopt such rules.

(m) No recreational vehicle (R.V. or Motor Home), boat, or any type trailer may be parked or stored on any lot unless the same is in a garage; however, a boat may be stored in the rear yard that is not seen from the outside. All passenger automobiles shall be parked either on the driveway or in a garage. No semi-truck whose capacity exceeds 3/4 ton or non-type trailer or flat bed trailer may be parked on any lot or in the Private Service Alleys, Common Areas, if any, streets or open spaces.

(n) No motor vehicle or any other vehicle, including, but not limited to, a boat, motor and boat trailer, lawn mower, tractor, etc. may be stored on any lot for the purpose of repair of same; no A-frame or motor mount may be placed on any Lot nor shall any disabled or inoperable vehicle be stored on any Lot.

(o) No storage building, shed, or other out building shall be allowed upon any lot, unless allowed by the Architectural Committee.