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Declaration of
Covenants, Conditions & Restrictions
Stoneridge is a private residential community that has
been designed to compliment 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 homeowners’ 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 of 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 two thousand five hundred
(2,500) 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 and every building
shall be placed on the lands in position approved by
the Transferor. The exterior of the building must be
completed within one year after the commencement of
construction. Housing and landscape designs shall be
with natural exterior finishes in local stone, cedar
shingles and/or wood siding, which may be stained.
7. No prefabricated or manufactured homes
shall be placed on any property.
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, run 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 unsightly 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
permitted 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 entitled 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.
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