Covenants
This section contains a SUMMARY OF THE RESTRICTIVE COVENANTS. In general these are very similar for Wexford and Wexford Commons except for the Dwelling Requirements which are shown below for each of these two sections. A summary of the remaining Wexford covenants then follow.
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WEXFORD DWELLING REQUIREMENTS:
(a) All lots except 1, 2, 31, 32, 33, 34, 41, 42, 43, 44, 45 and 46: All construction must be performed or directed by a builder approved by the Architectural Committee. Except as otherwise provided herein, no residence may be constructed on any lot unless such residence, exclusive of open porches, attached garages and basements, shall have a minimum finished floor area of Twenty-Four Hundred (2400) square feet, if a one-story structure, or a minimum of Eighteen Hundred (1800) square feet if a multiple-story structure; but in the case of a multiple stories, there must be a total floor area of not less than Twenty-Eight Hundred (2800) square feet. Determination of square footage sufficiency shall rest exclusively with the Architectural Committee. In addition to the above square footage requirements, each structure shall have an attached three-car garage (permitting separate entry of three cars). All building locations and elevations must comply with the plat and other applicable regulations. The exterior first floor walls of the residence must have one hundred percent (100%) brick or stone coverage (single and multiple story homes) except for wood accent areas. The Architectural Committee is also solely responsible for determining the compliance of proposed house plans with these square footage and masonry requirements. No Aluminum or vinyl siding is permitted. Roof pitch must be at least 9/12 with a minimum overhang of 12 inches, although the Architectural Committee my modify this requirement in special situations. All windows must be constructed of wood (vinyl-clad wood windows are permitted). All garages must have finished interior walls. All foundations must consist of either basement or crawl space construction. No slab floors are permitted (except in basements or the below grade level of split-level residences). No modular construction is permitted except for roof trusses if approved by the Architectural Committee.
(b) Lots 1, 2, 31, 32, 33, 34, 41, 42, 43, 44, 45 and 46: All construction must be performed or directed by a builder approved by the Architectural Committee. Except as otherwise provided herein, no residence may be constructed on any lot unless such residence, exclusive of open porches, attached garages and basements, shall have a minimum finished floor area of Twenty-Eight Hundred (2800) square feet, if a one-story structure, or a minimum of Eighteen Hundred (1800) square feet if a multiple-story structure; but in the case of a multiple stories, there must be a total floor area of not less than Thirty-Two Hundred (3200) square feet. Determination of square footage sufficiency shall rest exclusively with the Architectural Committee. In addition to the above square footage requirements, each structure shall have an attached three-car garage (permitting separate entry of three cars). All building locations and elevations must comply with the plat and other applicable regulations. The exterior first floor walls of the residence must have one hundred percent (100%) brick or stone coverage (single and multiple story homes) except for wood accent areas. The Architectural Committee is also solely responsible for determining the compliance of proposed house plans with these square footage and masonry requirements. No Aluminum or vinyl siding is permitted. Roof pitch must be at least 9/12 with a minimum overhang of 12 inches, although the Architectural Committee my modify this requirement in special situations. All windows must be constructed of wood (vinyl-clad wood windows are permitted). All garages must have finished interior walls. All foundations must consist of either basement or crawl space construction. No slab floors are permitted (except in basements or the below grade level of split-level residences). No modular construction is permitted except for roof trusses if approved by the Architectural Committee.
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WEXFORD COMMONS DWELLING REQUIREMENTS:
All construction must be performed or directed by a builder approved by the Architectural Committee. No residence may be constructed on any lot unless such residence, exclusive of open porches, attached garages and basements, shall have a minimum finished floor area of Two Thousand (2000) square feet, if a one-story structure, or a minimum of Twelve Hundred (1200) square feet finished first floor area if a multiple-story structure. In the case of a multiple story, there must be a total finished floor area of not less than Twenty-Four Hundred (2400) square feet, unless the first floor has minimum of Two Thousand (2000) sq. ft., in which case there is not additional square footage requirement. Determination of square footage sufficiency shall rest exclusively with the Architectural Committee. In addition to the above square footage requirements, each structure shall have an attached two or three car garage (permitting separate entry of two or three cars). All building locations and elevations must comply with the plat and other applicable regulations. The exterior first floor walls of the residence must have one ninety percent (90%) brick or stone coverage (single and multiple story homes). The Architectural Committee is also solely responsible for determining the compliance of proposed house plans with these square footage and masonry requirements. No Aluminum or vinyl siding is permitted. Roof pitch must be at least 9/12 with a minimum overhang of 12 inches, although the Architectural Committee my modify this requirement in special situations. All windows must be constructed of wood (vinyl-clad wood windows are permitted). All garages must have finished interior walls. All foundations must consist of either basement or crawl space construction. No slab floors are permitted (except in basements or the below grade level of split-level residences). No modular construction is permitted except for roof trusses if approved by the Architectural Committee.
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SUMMARY OF REMAINING RESTRICTIVE COVENANTS (WEXFORD)
1. ARCHITECTURAL CONTROL: No house shall be erected, placed or altered on any lot in the Subdivision until: (1) the plans, (2) the plot plan and (3) name of builder have been approved by the Architectural Review Committee.
2. OUTBUILDINGS: NO out-buildings are permitted on any lot covered by this Declaration of Restrictive Covenants without the approval of the Architectural Committee. Those that may be approved include: (1) a wood gazebo or deck; (2) a building associated with a swimming pool if constructed of materials and design in conformity with the house; and (3) temporary personal playground equipment for the use of the owner family or guests. In no cases will a detached garage be permitted. The Architectural Committee has sole discretion in determining the acceptability of any proposed structure.
3. ANIMALS: No more than two household pets are permitted per residence. However, additional pets are permitted if kept within the residence at all times such that no more than two are outside at any time. Any dog that is permitted outside must remain within a fenced yard. No outdoor animal kennel, dog run or animal pens are permitted. "Invisible" electric fencing for control of dogs is an acceptable alternate as long as it satisfactorily contains the pet within the lot boundaries.
4. NUISANCES: NO noxious or offensive activity shall be carried out on any lot or anywhere within the boundaries of the subdivision, nor anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
5. LANDSCAPING AND LOT MAINTENANCE: All lots, whether improved or not, shall be kept mowed by the owner or representative during the months of April through October on a schedule such that no growth in excess of twelve (12) inches is permitted.
6. VEHICLE REGULATIONS: No vehicle of more than 3/4 ton hauling capacity or equivalent vehicle shall be parked on any lot except while making a delivery or pickup. No trailer, boat or recreational vehicle shall be permitted to remain on any lot for more than three (3) consecutive days or six (6) days in any calendar month unless kept within a garage, this includes any vehicle that is not in operational condition and bearing the current year's license plate. Routine on-street parking is prohibited.
7. FENCES: No fence shall be erected unless it has been approved by the Architectural Committee which shall have sole discretion regarding the compliance with this section.
8. SIDEWALKS AND DRIVEWAYS: Prior to occupancy of the dwelling, all lots must have concrete sidewalks across the front property line meeting Danville standards and concrete driveways.
9. SPECIAL PROVISIONS DURING CONSTRUCTION: It is the responsibility of the owner of any lot to maintain a clean and safe construction site, placing such condition in the contractual agreement with a building contractor who must also agree in writing to comply with the requirements of this section prior to approval of the building plans by the Architectural Committee. The Architectural Committee reserves the right to require the posting of a Maintenance Deposit (not to exceed One Thousand Dollars) by the Owner or, at the Owner's discretion, the Contractor, prior to the approval of plans and initiation of construction of the residence. If such a deposit is required, it shall be returned to the Owner or Contractor at the completion of construction, less any assessments for remedial cleanup functions performed by the Association.
10. SWIMMING POOLS: No Swimming pool or associated structure shall be erected or placed on any lot until the construction plans, including plot plan have been approved by the Architectural Committee. No above ground pool is permitted. No Swimming pool or associated equipment shall be erected or placed within any easement area. The location must also meet the location requirements of the appropriate state, county or local authorities. All pools shall be fenced for the safety of other residents.
11. WEXFORD HOMEOWNERS ASSOCIATION: All Owners of lots in the Subdivision shall become members of the Wexford Homeowners Association (the "Association"). The Association is a not-for-profit corporation with mandatory membership of all lot owners in the Subdivision. The sole purpose of the Association is to maintain a clean, safe and attractive subdivision for the enjoyment and benefit of the members.
(A) Management of Association Affairs: The management, affairs and policies of the Association shall be vested in the Association Board of Directors (the "Association Board") which shall conduct the day to day functions of the Association on behalf of its members.
(B) Annual Assessment Amount and Timing: Each lot owner, by acceptance of a deed of conveyance, shall be deemed to covenant and agree to pay to the Association annual assessments or charges for specific maintenance functions within the subdivision performed for the benefit of all members. Payments shall be considered delinquent if not received by January 15. The initial annual assessment shall be in the amount of Two Hundred Seventy Five Dollars ($275.00) per lot. Changes in future assessments shall be determined by the Association Board based on a comparison of existing Owner assessments and projected Association expenditures.
12. WEXFORD LAKE ASSOCIATION: All Lake Lot Owners shall become members of the Wexford Lake Association. The lake will be deeded to the Lake Association.
(A) Management of Lake Association Affairs: The management, affairs and policies of the Lake Association shall be vested in the Lake Association Board of Directors which shall conduct the day to day functions of the Lake Association on behalf of its members.
(B) Annual Assessment Amount and Timing: Each lake lot owner, by acceptance of a deed of conveyance, shall be deemed to covenant and agree to pay to the Lake Association annual assessments or charges for specific Lake Association functions or activities associated with the Lake Property performed for the benefit of all members. The initial annual assessment shall be in the amount of One Hundred Dollars ($100.00) per lot. Changes in future assessments shall be determined by the Lake Board based on a comparison of existing member assessments and projected Lake Association expenditures.
(C) Planned and Permitted Uses of the Lake Property: Subject to the restrictions contained in this section, the Lake Board is responsible for all issues regarding the Lake Property, including use of the lake, restrictions on structures built on member’s property within ten (10) feet from the water line, keeping the lake clear of any debris, including trash or dead vegetation, and any other issue that affects the appearance or value to members of the Lake Property. The general restrictions are:
(1) Under NO circumstances is a motorized boat, ski or any other motorized craft to be permitted in the lake, except that electric trolling motors are permitted if their sound does not carry beyond the Lake Property boundary. Boats that are permitted on the lake are: rowboats, kayaks, canoes, paddle boats and sailboats. Any other craft, boat or any other object contemplated for use on the lake must be approved by the Lake Board in writing.
(2) No deck, dock or any structure may extend beyond three (3) feet beyond the normal pool waterline and exceed thirty (30) feet in length.
(3) The lake is intended for the exclusive use of the Lake Owners. The only other individuals that may use the lake are invited guests of a Lake Owner when the Lake Owner is present, and such access is only permitted via the specific Lake Owner’s lot. In no case shall any person or persons enter upon another Lake Owner’s lot, unless permission is given by the respective Lot Owner. There is NO general access easement around the lake since the boundary of the Lake Property is defined to be the rear lot line of the adjacent Lot Owner. These access restrictions, including the required presence of the respective Lake Lot Owner, exist regardless of whether a house is constructed on any lot in question.
(317) 272-0355