Declaration

Turtle Creek Estates
Common Interest Community No. 13
City of Austin, Mower County, Minnesota

Section 8:  Architectural Control

 

  1. Architectural Control. The Association shall have the right to control certain architectural and similar aspects of the initial development of all Lots.
    1. Original Construction/ Landscaping. A site plan, landscaping plan, tree preservation plan and plans and specifications for the construction of a Living Unit on any Lot shall be submitted to the Association for its written approval before any construction activity is begun. No structure, dwelling, fence, wall, broadcasting or receiving equipment shall be erected, placed or altered on any Lot until the plans and specifications, including landscaping plans meeting the requirements set forth herein, any plan showing the location of the structure, elevations and finish grade levels have been approved by the Association as to (i) quality and type of workmanship and materials, (ii) location with respect to topography, finish grade elevation and neighboring dwellings. Accompanying such documentation shall be the name and address of the party to whom approval or disapproval is to be mailed. Approval or disapproval will be effective on the date of postmark when mailed by first-class mail, postage prepaid, and addressed to the named party. Plans and Specifications and Site Plans shall be deemed to have been received by the Association when such documents are hand delivered to Association, two (2) business days after the same are sent to Association by overnight delivery service or three(3) business days after the same are sent to Association by first-class United States mail.
    2. Review of Modifications. After the completion of an original Living Unit on a Lot, the construction or modification of any building or structure, including but not limited to, fences, mailboxes, retaining walls, and exterior colors, shall require prior written approval by the Association of the plans, specifications and sample for the construction or modification, in accordance with the standards set forth herein.
    3. Standard of Review. In addition to the standards set forth herein, the Association may promulgate more detailed standards and procedures governing its areas of responsibility and practice. In addition, the following shall apply: the plans and specifications shall be reviewed as to quality of workmanship, design and harmony of external design with existing structures, topography, and finish grade elevation. No permission or approval shall be required to repaint in accordance with an originally approved color scheme, or to rebuild in accordance with originally approved plans and specifications. Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior of that Owner's residence or to paint or decorate the interior of that Owner=s residence any color desired.
    4. Procedure. If the Association fails to approve or disapprove plans and specifications within thirty (30) days after the submission of the same to it, approval will be deemed to have been granted.
    5. Removal and Abatement; Lien. The Association shall have the right to order an Owner to remove or alter any structure on any Lot erected in violation of the terms of this Declaration, and to employ appropriate judicial proceedings to compel the alteration or demolition of any nonconforming construction or other violation. Any cost incurred by the Association in enforcing this section may be levied by the Developer as an assessment against the applicable Lot or Lots. Any such assessment which is not paid when due shall, together with interest at a rate of eight percent (8.0 %) per annum, any cost of collection, and any attorneys= fees, become a continuing lien upon such Lot or Lots, as well as being the personal obligation of the Owner of such Lot(s). The lien may be enforced as provided herein. Each Owner, by acceptance of a deed for any Lot, shall be deemed to give full and complete power of sale to the Association and to a foreclosure of the lien by advertisement. The Association may elect to bring an action at law against the Owner personally obligated to pay the assessment.
    6. Variances. Reasonable variances to the covenants, conditions and restrictions may be granted by the Association after review, in order to overcome practical difficulties or to prevent unnecessary hardship. A variance may only be granted if it is not detrimental to other Lots and shall not defeat the purpose of this Declaration.
  2. Restrictions on Alterations. The following restrictions and requirements shall apply to alterations on the Property:
    1. Except as expressly provided in this Section 8, and except for alterations made by Declarant in consideration of its initial sale of a Unit, no structure, building, addition, deck, patio, fence, wall, enclosure, window, exterior door, sign, display, decoration, color change, shrubbery, material topographical or landscaping change, nor any other exterior improvements to or alteration of any Dwelling or any other part of a Unit which is visible from the exterior of the Unit (collectively referred to as Aalterations@), shall be commenced, erected or maintained in a Unit, unless and until the plans and specifications showing the nature, kind, shape, height, color, materials and locations of the alterations shall have been approved in writing by the Board of Directors or a committee appointed by it. Notwithstanding the foregoing, Declarant's written consent shall also be required for alterations until Declarant no longer owns any unsold Unit.
    2. The criteria for approval shall include and require, at a minimum, (i) substantial uniformity of color, size, location, type and design in relation to existing improvements and topography, (ii) comparable or better quality of materials as used in existing improvements, (iii) ease of maintenance and repair, (iv) adequate protection of the Property, the Association, Owners and Occupants from liability and liens arising out of the proposed alterations, and (v) compliance with governmental laws, codes and regulations.
    3. Each Owner may place on its Unit any landscaping, consisting of trees and shrubs as it determines, subject to approval and control as regards the type and location thereof under the rules and regulations issued by the Board. No such landscaping may be placed, however, in any of the Common Elements except upon decision of the Board. All grass and lawns located on the Units and Common Elements shall be kept and maintained in the manner determined by the Board.
  3. Review Procedures. The following procedures shall govern requests for alterations under this Section:
    1. Detailed plans, specifications and related information regarding any proposed alteration, in form and content acceptable to the Board of Directors, shall be submitted to the Board of Directors at least sixty (60) days prior to the projected commencement of construction. No alterations shall be commenced prior to approval.
    2. The Board of Directors shall give the Owner written notice of approval or disapproval. If the Board of Directors fails to approve or disapprove within sixty (60) days after receipt of said plans and specifications and all other information requested by the Board of Directors, then approval will not be required, and this Section shall be deemed to have been fully complied with so long as the alterations are done in accordance with the plans, specifications and related information which were submitted.
    3. If no request for approval is submitted, approval is denied, unless (i) the alterations are reasonably visible and (ii) no written notice of the violation has been given to the Owner in whose Unit the alterations are made, by the Association or another Owner, within six months following the date of completion of the alterations. Notice may be direct written notice or the commencement of legal action by the Association or an Owner. The Owner of the Unit in which the alterations are made shall have the burden of proof, by clear and convincing evidence, that the alterations were completed and reasonably visible for at least six months following completion and that the notice was not given.
  4. Remedies for Violations. The Association may undertake any measures, legal or administrative, to enforce compliance with this Section and shall be entitled to recover from the Owner causing or permitting the violation all attorneys' fees and costs of enforcement, whether or not a legal action is started. Such attorneys' fees and costs shall be a lien against the Owner's Unit and a personal obligation of the Owner. In addition, the Association shall have the right to enter the Owner's Unit and to restore any part of the Dwelling or Unit to its prior condition if any alterations were made in violation of this Section, and the cost of such restoration shall be a personal obligation of the Owner and a lien against the Owner's Unit.