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Pleasant Ridge Estates Homeowners Association

COVENANTS

Table of Contents

Article 1 - Term
Article 2 - Land Use
Article 3 - Architectual Committee  "ARC"

Article 4 - Use Restrictions

Article 5 - Residential Dwelling, Quality and Size

Article 6 - Swimming Pools, Hot Tubs, and Jacuzzis

Article 7 - Fences

Article 8 - Perimeter Fence

Article 9 - General Maintenance, Repair and Painting

Article 10 -Vehicles, Boats and Trailers

Article 11 - Animals

Article 12 - Signs and Outside Apparatus

Article 13 - Gasoline, Heating and other Fuels

Article 14 - Oil, Gas and Mining Operations

Article 15 - Nuisances

Article 16 - Drainage, Garbage and Refuse Disposal

Article 17 - Canals

Article 18 - Business Activities and Leasing

Article 19 - Wildlife

Article 20 - Contractors

Article 21 - Conflict with other Laws and Regulations

Article 22 - Waiver/Variance

Article 23 - Forebearance

Article 24 - Complaints

Article 25 - Liens

Article 26 - Amendment

Article 27 - Rights of Owners

Article 28 - Enforcement

Article 29 - Severability

Article 30 - Notice

       ARTICLE 1  

TERM  

1.1       The building restrictions, conditions, and protective covenants ("Covenants") hereinafter set forth shall constitute covenants running with the land and shall be binding upon and enure to the benefit of the property owners, their successors and assigns, and all parties or persons claiming by, through and/or under it, and their heirs, personal representatives, successors and assigns;

1.2     The Covenants stated herein shall be effective until removed by amendment, adopted by the Board of Directors, approved by 2/3 majority of eligible voting properties and filed in the Conveyance Records of the Parish of Plaquemines, State of Louisiana.

1.3     The Covenants shall be automatically extended without limitation; provided, however, that the property owners of  2/3 of the then existing eligible voting properties/members subject to these restrictions and covenants may amend, in whole or in part, by filing for record in the Conveyance Records of the Parish of Plaquemines, State of Louisiana, an authentic act or other appropriate recordable instrument or agreement in writing, setting forth such amendment(s). 

                                                                    ARTICLE 2

                                                                    LAND USE

2.1       Plan of Development, Applicability and, Effect.  A general plan of development was established for the Pleasant Ridge Estates Properties as a planned gated community in order to enhance the quality of life and collective interest of all owners, as well as the aesthetics and environment within the Properties, and the vitality of and sense of the community within the properties, all subject to PREHA and the members' ability to respond to changes in circumstances, conditions, needs, and desires within the planned gated community and to regulate and control the area of common responsibility.  The area of common responsibility is defined as the Common Area, together with such other areas, if any, for which PREHA has or assumes responsibility pursuant to the terms of this Act, as well as any supplemental  Acts, or other applicable covenants, contract, agreements or as designated by Plaquemines Parish "Private Usage" requirements.  The Properties are subject to the land development, architectural, and design guidelines/provisions; the other provisions of this Act concerning individual conduct and uses of or actions upon the Properties, and the guidelines, rules and restrictions promulgated pursuant to this Act, all of which establish affirmative and negative covenants, easements, and restrictions on the land subject to this Act.

All provisions of this Act and any PREHA rules shall apply to all owners, occupants, tenants, guests and invitees of any property.

2.2       Owner's Acknowledgment.  All property owners and occupants of lots are given notice that use of their property is limited by the Use Restrictions and Rules as they may be amended, expanded and otherwise modified hereunder.  Each owner, by acceptance of a Deed, acknowledges and agrees that the use and enjoyment and marketability of his or her property can be affected and that the Use Restrictions and Rules may change from time to time.

                                                                    ARTICLE 3

                                          ARCHITECTURAL COMMITTEE (ARC)

3.1       There is hereby created and established a committee to be known as the Pleasant Ridge Estates Architectural Review Committee (hereinafter sometimes referred to as "ARC"), of a certain composition and with certain rights, powers, duties, purposes and functions, as set forth herein below.

3.2       The ARC shall be composed of five (5) members including a Chairman who will serve for a term of one (1) year from the date of initial appointment or until their successors have been appointed as provided herein.  The Chairman shall be appointed by the PREHA Board of Directors (PREHA Board).  The Chairman shall submit the names of four (4) prospective members and as many as three (3) prospective alternate members to the PREHA Board for ratification.  The members of ARC may be re-appointed by the PREHA Board in whole or in part for another term following their previous one (1) year of service.  The PREHA Board shall assess the qualifications and willingness of prospective ARC members to serve during ratification.  An ARC member may resign from the Committee at any time in writing during a one year term.  The PREHA Board and the ARC Chairman may appoint a substitute for the resigning Committee member to serve for the balance of the unexpired term.

3.3       All matters and/or business to come before the ARC shall be decided by a simple majority vote.

3.4       The ARC shall have the right to adopt rules and guidelines for the conduct of its business, which rules and/or guidelines shall be outlined in the Design Guidelines and shall not be inconsistent with anything herein contained.

3.5       No member of the ARC shall receive any compensation or remuneration for his or her services as a member of the ARC.

3.6       There shall be no application fee for the ARC to review plans and specifications for construction, landscaping plans, building applications and guidelines issued by the ARC to the property owner and/or general contractor.

3.7       The approval or disapproval of the ARC shall be evidenced by an instrument signed by the Chairman of the ARC and sent to the property owner within 30 days of receipt of acceptable submission of request.  Such approval or disapproval shall be determined by majority vote of the 5-member committee.  In the event of approval of a construction plan package or any other property alteration, the ARC Chairman shall notify the PREHA President and Vice-President of such and supply plans and other materials as requested.  In the event of disapproval, the instrument shall set forth the reasons therefor.  Changes made to original plans and specification must also be submitted for approval and must follow the same procedure.

3.8       Approval by the ARC, as aforesaid, shall constitute only an expression by the ARC that the terms and conditions of these covenants will be complied with if the building(s), structure(s), and/or improvement(s) are erected, constructed, placed, added to, altered and/or changed in accordance with said final plans and specifications and plat.  Further, such approval shall not be nor constitute a waiver by or an estoppel against PREHA, ARC, and/or any person having rights herein in the event that such building(s), structure(s), and/or improvement(s) are not erected, construction, placed, added to, altered and/or changed in accordance with such final plans and specifications and plat.

3.9       Neither the ARC nor any individual member thereof, in the exercise of any prerogative of approval or disapproval, shall incur any liability whatsoever, by reason of the good faith thereof.

3.10     The official mailing address of the ARC, for all purposes, shall be Post Office Box 7244 or current Registered Agent.

3.11     No building(s), structure(s), or improvement(s), including, without limitation, walls, fences, pools, landscaping, gazebos, patios, etc. shall be commenced, erected, constructed, placed or maintained on any lot(s); nor shall any exterior additions to, changes or alterations, be commenced, made, or maintained to any existing building(s), structure(s), and/or improvement(s), until the final construction plans and specifications showing the nature, kind, shape, height, color, and materials of same; and a plat showing the location and/or siting of such building(s), structure(s), and/or improvement(s) shall have been submitted to and approved, in writing, by ARC as to the conformity, and aesthetic harmony of exterior design with existing surrounding residential dwellings and improvements, propriety of location and/or siting, and otherwise in conformity with these Covenants.

Construction plans and specifications must be accompanied by an ARC application which will also be used by the ARC for noting its approval or disapproval.  The ARC shall supply a prospective homebuilder with the latest Design Guidelines as they are available, noting that only the latest dated issue is applicable for the construction design and specifications.

3.12     Landscaping.  A landscaping plan must be submitted to ARC within thirty (30) days after occupancy of the home.  After the plan is approved, the Homeowner must complete landscaping within sixty (60) days thereafter. 

3.13     Request for any waiver or variances of any kind must be submitted to the Board in writing, adopted by the Board and must have approval by 2/3 majority of property owners/members.  Additionally, the PREHA Board, by a simple majority vote, has the authority over any ARC approval or disapproval.

                                                                    ARTICLE 4

 

                                                           USE RESTRICTIONS

4.1       Each lot shall be used for single family residential purposes only.  The term "single family residential purposes" as used herein shall be held and construed to exclude, by way of illustration and not limitation, the following, to-wit: Hospitals, clinics, duplex houses, apartment houses, boarding houses, and hotels; and shall exclude industrial, commercial, multi-family, and professional uses, whether from residential dwelling(s), out-buildings, or otherwise; and any such use of said lot is hereby expressly prohibited.

4.2       No single family dwelling shall be built on less than one (1) lot; provided, however, that when any purchaser wishes to buy more than one(1) lot in order to erect a larger permitted residential dwelling, this may be done, provided that said lots or fractional lots are treated as one and the restrictions and covenants applying to a single lot are adhered to, and no re-subdivision of lots shall be done which would leave remaining on the square a lot of an area or width below the average standard for said square, as reflected on the plan(s) of subdivision of Pleasant Ridge Estates and shall not be less restrictive than the Plaquemines Parish Zoning Ordinances.  Unless approved in writing by the Board of Directors, no lot or lots shall be re-subdivided.  In the event any lot or lots are re-subdivided, these restrictions shall apply to the property as re-subdivided.  Any number of lots combined for one single dwelling shall continue to be counted as originally developed for the purpose of counting eligible votes and assessing any fees or assessments.

4.3       No single family residential dwelling shall be sited on any lot(s) nearer than thirty (30') feet to the street front lot line of such lot(s).

4.4       No single family residential dwelling shall be sited on any lot(s) nearer than fifteen (15') feet to any side lot line adjoining a street, nor nearer than ten (10') feet to any interior lot line; nor shall any roof overhang or projection, including the gutter, be within seven and one-half (7 1/2') feet of any interior lot line.

4.5       No building shall be erected, altered, placed or permitted to remain on any lot(s) other than one (1) single family residential dwelling, which is not to exceed two and one-half (2 1/2) floors in height with an attached private garage or attached carport which can accommodate no more than three (3) vehicles; provided, however, that out-buildings of a permanent nature and/or character, including by way of illustration and not limitation, an attached carport, garage, or other accessory building, approved as hereinafter provided, may be located on any lot(s).  Accommodation of more than three (3) vehicles will be reviewed by ARC on a case by case basis.

4.6       No building(s) or structure(s) of a temporary nature and/or character, or vehicles, including by way of illustration and not limitation, mobile homes, motor homes, trailers, shacks and/or other such outbuildings shall be used, occupied, or maintained on any lot(s) at any time, either temporarily or permanently.

           4.7        Under no circumstances nor conditions shall any existing single family residential dwelling or other building be moved onto and/or placed and maintained on any lot. 

4.8       There shall be no conversion of any carport or garage to finished space for use as part of the living area on any lot without the prior written approval of  ARC.

4.09     Removal of any trees that fall inside the Parish servitude on Lots 1 through 9 and Lots 20 through 22, shall be the responsibility of the lot owner and not that of the Parish of Plaquemines.

4.10     The removal of dirt and/or fill material from any lot is expressly prohibited without prior written approval of the ARC, except when necessary in conjunction with the landscaping of such lot or in conjunction with the construction being performed on such lot.

4.11     There will be no sidewalks throughout the development.

4.12     Construction shall be performed from 7AM to 6PM, Monday through Saturday.   No construction shall be performed on Sunday or the following holidays: New Years, Mardi Gras, July 4th, Labor Day, Thanksgiving, and Christmas.

                                                                    ARTICLE 5

                                  RESIDENTIAL DWELLING QUALITY AND SIZE

5.1       All residential dwellings, as well as all other structures and/or improvements shall be of quality workmanship and materials substantially the same or better than that which can be procured and/or produced as of the date thereof.  No pre-fabricated homes shall be constructed or placed in the development.   No tract style homes shall be constructed in the development.  Siding or vinyl of any kind shall be used for Soffit & Facia only.

5.2       The minimum ground floor, upper floor, and combined ground and upper floor area of the main residential dwelling, excluding open porches, garages, carports, terraces and driveways, shall be not less than two thousand five hundred (2,500) square feet.

5.3       No residence shall be occupied until construction is complete.  There shall be no temporary occupancy.

5.4       Detached or outlying structures shall be built with the same quality materials as the dwelling and are preferred to be located at the rear portion of the lot.  No metal buildings, metal patio covers, or metal covering of any sort shall be allowed.  Gazebos and other like structures are to be approved by ARC. 

5.5       Garages, porticos, and porte' cocheres shall be attached to the main structure of the dwelling.  Flat roofs and detached garages or carports shall not be allowed.   Front facing garage or carport must be set back a minimum of six (6') feet from the front facade of the dwelling. 

5.6       Screen or storm doors shall not be allowed at the front elevation of the dwelling.

5.7       Consistent with the compatibility of the development, there will be one (1) design of mailboxes throughout the development.  PREHA shall choose and approve the design of the mailbox.  Said mailbox shall be:

a.         Style No. 310-6 (Imperial System) with a 6" x 6" newspaper box.

b.         verde green in color

c.         purchased from First Impressions, 162 Twin Oaks Drive, Raceland, Louisiana, 70394;

5.8       Driveways or other areas on the lot used for vehicular traffic shall be paved concrete, or similar approved hard-paved surface, extending from the edge of the street, continuously to the edge of the garage/carport.  Concrete must be a minimum of one (1') foot from the property line. 

5.9       Placement and elevation of a driveway on the owner's lot will be reviewed and decided by ARC on a case-by-case basis.

                                                                    ARTICLE 6

                                        SWIMMING POOLS, HOT TUBS, JACUZZI

6.1       Swimming pools, hot tubs and/or jacuzzis (hereinafter collectively "pool") will be permitted in side or rear yards only.  If a pool is installed, it must be surrounded by a  fence, of not less than seventy-two (72") inches in height, approved by ARC and otherwise in conformity with all other fence requirements contained herein.  Fencing must be installed immediately upon completion of the pool project.  No part of the completed installation of the pool shall be constructed and/or sited nearer than ten (10') feet to either side lot line; nearer than thirty (30') feet to the front lot line; or nearer than ten (10') feet to the rear lot line. 

6.2       Above ground pools are prohibited.

6.3       The finished top-side or surface deck shall not be constructed higher in elevation than two (2') feet above the established site grade of the residential dwelling and all equipment, including, without limitation, pumps, piping and diving boards shall not be placed or maintained higher than five (5') feet above site grade of the residential dwelling.

6.4              Pool pumps and related pool equipment shall be identified and located on the pool construction plans.  The required setbacks to the side and rear of the property lines do not apply.  However, the pool equipment shall not create a noise or visual nuisance to any adjoining property owner.  Front setbacks do apply.  Further, pool equipment shall not be visible from the street.   

          ARTICLE 7

            FENCES

7.1       No front yard fence shall be permitted or constructed, nor shall any side lot line fence be permitted or constructed nearer to the front lot line of any lot(s) than is permitted for the main residential dwelling. Chain link or "page" type fencing shall not be permitted.  

7.2       Fences must be a minimum of six (6') feet not to exceed seven (7') feet in height.

7.3       Fences will not be permitted with an unfinished side fronting and/or facing a street.

7.4       No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2') feet and six (6') feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25') feet from the intersection of the street lines; or, in the case of a rounded property corner, from the intersection of the street property lines extended.  The same sight line limitations shall apply on any lot within ten (10') feet from the intersection of a street property line, with the edge of a driveway or alley pavement.  Further, the foliage line of all trees within such distance(s) of such intersection shall be maintained at a sufficient height to prevent the obstruction of such sight lines.

7.5       No back-to-back fencing, which is considered to be within 1 foot from each other, will be allowed unless: (a) both fences are constructed of privacy type materials (b) agreed upon by all adjacent property owners, and (c) pre-approved by ARC.  Solid fencing adjacent to open fencing will be allowed only if: (a) it is constructed 5 feet to 10 feet from the open fence (b) is landscaped to camouflage, (c) is agreed upon by all adjacent property owners and (d) is pre approved by ARC. 

7.6 Prior approval must be obtained from ARCbefore constructing any fence on any property.

7.7       All fences approved by ARC must be constructed within 60 days of approval.

                                                                    ARTICLE 8

                                                            PERIMETER FENCE

8.1       Said Purchaser(s), for themselves, their successors and assigns, of Lots 41 through 47, 75 and 1 shall be deemed to have covenanted and agreed that when necessary to maintain and/or effect the necessary repairs to, or restoration of the perimeter fence , PREHA shall have, and reserves, the right and authority, and a servitude, to enter onto said lot(s), to perform all necessary maintenance, and/or repairs or restoration.

8.2  The owners of lots number 41 through 47, 75 and 1 who desire side line fencing which will be perpendicular to the front fence must construct said fence to be  comparable in material and  appearance; this fence must also be the same in height, color and approved by ARC.

                                                                    ARTICLE 9

 

                              GENERAL MAINTENANCE, REPAIR AND PAINTING

9.1       All residential dwellings and other structures including by illustration and not limitation pools, gazebos, etc., shall be properly maintained and kept in a reasonably good state of painting and repair and must be maintained so as not to become unsightly.

9.2       No structure, equipment or other items on the exterior portions of a lot which have become rusty, dilapidated or otherwise fallen into disrepair is permitted.

9.3       General over-all appearance of the property, including landscaping, must be neat and well maintained.

9.4       Dead Trees and any other form of debris must be removed from the property. 

9.5       All vacant lots shall be mowed as often as may be necessary to keep the lots in proper condition and the grass at no higher than one (1') foot in height.  If a vacant lot owner fails to comply with this requirement, PREHA shall have the right to hire out the maintenance of the property at the expense of the property owner.  Failure to reimburse PREHA shall result in the collection thereof, plus attorney's fees, court costs, and interest at the rate of ten (10%) percent per annum from the date the sums were spent for such maintenance work.

 

                                                                   ARTICLE 10 

                                              VEHICLES, BOATS AND TRAILERS

10.1     No commercial trucks, trailers, vans or other commercial vehicles shall be parked or stored on any street or on any lot; nor shall any boat or other water craft, boat trailer, boat rigging, camper, mobile home, motor home, recreational vehicle, golf cart, or inoperable vehicle be parked or stored on any street or on any lot unless stored within an enclosed garage or outbuilding, or within a privacy enclosed side or rear yard area and not visible by others, excluding “use preparation” not to exceed 48 hours.

10.2     Passenger vehicles owned and/or leased by residents of a residential dwelling shall be parked or stored on the residence grounds and not on the streets.  Construction, service and delivery vehicles shall be exempt from this provision during daylight hours for such period of time as is reasonably necessary to provide service or to make a delivery to a lot or to the Common Area.

10.3          The established speed limit within the development is fifteen (15) miles per hour for all vehicles.   

                                                                   ARTICLE 11 

                                                                     ANIMALS

11.1     No animal, livestock, or poultry of any kind shall be raised, bred or kept on any lot(s) property(s); except that a reasonable number, as determined by PREHA, of dogs, cats or other usual and common household pets may be kept, provided they are kept for household purposes.

11.2     Pets must be supervised and kept on a leash or otherwise confined in a manner acceptable to PREHA whenever outside the dwelling or fenced area of the lot.  Pets must be licensed and inoculated as required by law.  Ground-leashed pets are prohibited. 

11.3     Those pets which are permitted to roam free, or, in the sole discretion of PREHA make objectionable noise, endanger the health or safety of, or constitute a nuisance or inconvenience to the occupants of other Properties shall be removed upon request of PREHA  If the pet owner fails to honor such request, PREHA may remove the pet.

                                                                   ARTICLE 12

                                              SIGNS AND OUTSIDE APPARATUS

12.1     No sign of any kind shall be displayed to the public view on any lot(s), except that one (1) sign of not more than six  (6) square feet advertising the property for rent or sale, or a sign used by a builder to advertise the property during the construction period, or a security sign are exempt.

12.2     No sign of any kind shall be permitted on common areas, including entrances to the development. 

12.3     Business signs or other forms of advertisement are only permitted during actual construction and are limited to six (6) square feet maximum area.  Building permits shall be posted as required, and protected from the elements.  No signs or permits shall be attached to trees.

12.4     Any construction, erection, or placement of any thing, permanently or temporarily, on the unfenceable portions of the lot, whether such portion is improved or unimproved, is prohibited.  This shall include, without limitation: signs, basketball hoops, swing sets, trampolines, hot tubs, and similar sports and play equipment; clotheslines, garbage cans; wood piles; and hedges, walls, dog runs, animal pens, or fences of any kind.

12.5     Antennas, satellite dishes, or other ground station equipment for the transmission or reception of television, radio, satellite, or other signals of any kind shall not be placed and maintained on any lot(s) unless located in the rear yard and shall not be larger than thirty-six (36") inches in diameter.

12.6     Window units for heating, ventilating or air conditioning are prohibited.

12.7     No statues of any kind shall be displayed in the front yard of any home.  Statues shall be displayed in the rear yard enclosed by the fence.

12.8     Any approved fountain must be functional and operating.

12.9     Patriotic flags shall be displayed in the traditional manner only. 

                                                                   ARTICLE 13

                                         GASOLINE, HEATING OR OTHER FUELS

13.1     There shall be no on-site storage of gasoline, heating or other fuels, except that a reasonable amount of fuel may be stored on each property for emergency purposes and for personal operation of lawn mowers and similar tools or equipment, recreational vehicles, and water craft.

                                                                   ARTICLE 14 

                                           OIL, GAS AND MINING OPERATIONS

14.1     No geophysical, exploration, drilling, refining, quarrying or mining operations for oil, gas, or other minerals of any kind shall be permitted or conducted upon any property(s); and no derrick or other structure or equipment designated for use in and used in the drilling and/or production and development of oil, gas or other minerals shall be placed, erected, maintained or permitted on any property(s).

                                                                   ARTICLE 15

                                                                   NUISANCES

15.1     No obnoxious or offensive activity shall be conducted upon any property(s); or shall anything be done thereon which may be or may become an annoyance or nuisance to the development.

15.2     Plants, animals, music, devices or other things of any sort whose activity or existence in any way emits foul or noxious odors, or is dangerous, unsightly, unpleasant, or of a nature which diminishes or destroys or creates noise or other conditions which tend to disturb the peace or threaten the safety of the occupants of other properties is prohibited.

15.3     The discharge of firearms is prohibited.  PREHA shall have no obligation to take action to prevent or stop such discharge.

15.4          Operation of four wheelers, golf carts, go-carts, mini-bikes, or any other non-licensed

motorized vehicles are prohibited within the development. 

                                                                   ARTICLE 16

                                 DRAINAGE, GARBAGE AND REFUSE DISPOSAL

16.1     All properties shall be kept clean and free of unsightly obstacles at all times.

16.2     No property(s) shall be used or maintained as a dumping ground for rubbish.  Trash, garbage or other waste shall not be kept except in sanitary containers.  All equipment for the storage or disposal of such trash, garbage or other waste shall be kept in a clean and sanitary condition, and shall be kept and maintained at the rear of the residential dwelling on all lot(s). All receptacles, cans or trash bags  must be removed from the front of the house on the same day of trash and garbage pick up.  The installation and/or use of incinerators for disposal of trash, garbage or other waste is expressly prohibited.

16.3     Outside burning of trash, leaves, debris or other materials is prohibited.

16.4     No obstruction or rechanneling of drainage flows is permitted after location and installation of drainage swales, storm sewers, or storm drains, except that PREHA shall have such right; provided, the exercise of such right shall not materially diminish the value of or unreasonably interfere with the use of any property without the Owner's consent.  Prior approval by the Plaquemines Parish Government is required.

16.5     All drainage, including yard, pool, hot tub, jacuzzi, sprinkler systems, and sub-surface drainage, shall be properly connected to storm water drain system and must have prior approval by ARC. 

16.6     Draining into streets through the curb is prohibited.   

                                                                   ARTICLE 17 

                                                                       CANALS

17.1     Dumping or burying of grass clippings, leaves or other debris, including, in particular, construction debris, petroleum products, fertilizers, or other potentially hazardous or toxic substances in any drainage canal or elsewhere within the Properties is prohibited, except that fertilizers may be applied to landscaping on lots, provided care is taken to minimize runoff.

17.2     Sprinkler or irrigation systems or wells of any type are prohibited from drawing upon water from canals or other ground or surface waters within the Properties.

 

                                                                   ARTICLE 18 

                                           BUSINESS ACTIVITIES AND LEASING

18.1     Any business, trade, garage sale, moving sale, rummage sale, or similar activity is prohibited, except that an Owner or occupant of a Property may conduct business activities within the property so long as:

(1)        the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the lot;

(2)        the business activity conforms to all zoning requirements for the Properties;

(3)     the business activity does not involve regular visitation of the property by clients, customers, suppliers, or other business invitees or door-to-door solicitation of residents of the Properties; and

(4)        the business activity does not involve temporary or permanent delivery and storage of inventory at this location for use at this location or any other location;

(5)        the business activity is consistent with the residential character of the Properties and does not constitute a nuisance, hazardous or offensive use, or threaten the security or safety of other residents of the Properties, as may be determined in the sole discretion of PREHA.

18.2     The terms "business" and "trade," as used in this provision, shall be construed to have their ordinary, generally accepted meanings and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether:

(a)        such activity is engaged in full or part-time,

(b)        such activity is intended to or does generate a profit, or

(c)        a license is required.

18.3     Leasing" is defined as regular, exclusive occupancy of a Property by any person, other than the Owner for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument.  PREHA shall require a minimum lease term of one (1) year.  Notice of any lease, together with such additional information as may be required by PREHA and shall be given to PREHA by the lot Owner by delivering a copy thereof to PREHA's secretary, within ten (10) days of execution of the lease.

18.4     The Owner must make available to the lessee copies of the Articles, By-Laws, and Covenants.  Any lease on any property shall provide that the lessee and all occupants of the leased  property shall be bound by the terms of the Articles, By-Laws and Covenants of PREHA.  Owner, not lessee, shall remain responsible for the payment of any dues and/or assessments to PREHA.

                                                                   ARTICLE 19 

                                                                     WILDLIFE

19.1     Capturing, trapping or killing of wildlife within the Properties is prohibited, except in circumstances posing an imminent threat to the safety of persons using the Properties.

19.2     There shall be no activities which materially disturb or destroy the vegetation, wildlife, or air quality within the Properties or which use excessive amounts of water or which result in unreasonable levels of sound or light pollution.

                                                                   ARTICLE 20

                                                               CONTRACTORS

20.1     PREHA shall apply these construction regulations and covenants to all Property Owners, General Contractors, Builders, Sub-Contractors, and other service personnel while in the development.  It is the responsibility of the property Owner to provide the contractor(s) with a copy of the Covenants and Design Guidelines for the development.  It is the responsibility of the property owners to insure compliance with these Covenants. The Builders, Contractors and service personnel shall familiarize themselves and comply with these regulations.  PREHA shall enforce these regulations and notification of violation shall be sent to the owner of the property(s) responsible and the party responsible, defining those items not in compliance with the regulations.  Upon receipt of the notification, the involved parties shall have five (5) working days to correct the situation or PREHA shall take the necessary action to correct the violation.  These actions may include charging the property Owner for the correction done; withholding ARC review or approval until such violations are corrected.  In certain cases, PREHA may issue a Stop Work Order or Temporary Restraining Order, denying entry to contractors or personnel thereby preventing current work within the development.  PREHA also has the authority to prevent future work within the development.

20.2     Damage.  Any damage to other property, street curbs, drainage inlets, street markers, mailboxes, walls, fences, landscaping, etc. shall be the responsibility of the property owner employing the Contractor and/or Builder. 

If any telephone, cable television, electrical, water or other utility lines are cut or damaged, it is the responsible party's obligation to report such an accident within thirty (30) minutes to the utility company and the Parish authorities.

20.3     Noise.  Loud radios or noise shall not be allowed within the development.  Normal radio noise levels are acceptable unless complaints are received.  Speakers shall not be mounted on vehicles or outside of the dwelling under construction.

20.4     Trash Handling.  Each Contractor and/or Builder shall be required to provide a metal trash/refuse receptacle on each construction site at the initiation of the project.  The job site must be kept neat and clean at all times.  Trash and discarded materials such as lunch bags, cans and odd materials, shall be removed daily.  All debris stockpiled for removal shall be located at the rear of the lot or dwelling.  Stockpiling of trash or any material on adjacent lots or streets is strictly prohibited.  The metal trash/refuse receptacle shall not create a nuisance to the adjacent property owners.  Burning trash is strictly prohibited.  If trash and debris on the job site become a noticeable problem, notification of the responsible party shall be given by PREHA  to clean up the site within three (3)  days.  If, after the three (3) day period, the site has not been cleaned, PREHA shall remove the debris and charge the property owner accordingly.

20.5     Erosion Control.  Mud/silt/debris-free street and proper erosion control are the responsibility of the Contractor and/or property owner.   Adequate silt fencing and matting at the entry drive must be properly installed and maintained to keep the streets free of mud, silt and debris.  Elimination of vehicles tracking mud throughout the subdivision shall be controlled by the Contractor and/or Builder.  This regulation will be strictly enforced.

20.6     Facilities.  Each Contractor and/or Builder shall use only the utilities provided on the immediate site on which they are working.  Portable toilets are the responsibility of the Contractor and/or Builder and shall be located out of the right of way, sanitized at least weekly.  The Contractor and/or Builder shall provide adequate facilities for workers on each individual site.

20.7     Vehicles.  The Contractor and/or Builder, Sub-contractors and other service personnel shall make every effort to limit parking to the street front of the construction site or on the site itself.  The Contractor and/or Builder, Sub-Contractors, and suppliers shall avoid blockage of the street and limit the duration of any necessary blockage to a minimum.  No vehicles (cars, trucks, vans, etc.) may be left in the Development overnight.  Construction equipment may be left on the site at the Contractor’s risk, while in use but must be kept off the street.

Washing of any truck or vehicles on the street is strictly prohibited.  Concrete delivery trucks may be washed only on the immediate construction site.  This regulation shall be strictly enforced.  Operators of vehicles are required to ensure that they do not spill any damaging materials while within the development.  If spillage does occur, it is the responsibility of the Contractor and/or Builder or operator to provide clean-up.  Clean-up performed by, PREHA shall be charged to the property owner.  Report any spills as soon as possible.

20.8     Speed Limit   The established speed limit within the subdivision is fifteen (15) miles per hour  for all vehicles.

                                                                   ARTICLE 21

                             CONFLICT WITH OTHER LAWS AND REGULATIONS

21.1     Nothing in Covenants shall be construed to minimize, lessen or reduce the minimum requirements of the Comprehensive Zoning Ordinance and/or the Building Code of the Parish of Plaquemines, or other appropriate and applicable laws and regulations; and in the event of any conflict between the aforesaid laws, regulations and/or requirements and these Covenants, the greater or more stringent shall take precedence and govern.

21.2     Any activity which violates local, state or federal laws or regulations is prohibited; however, PREHA shall have no obligation to take enforcement action in the event of a violation. 

 

                                                                   ARTICLE 22 

                                                           WAIVER/VARIANCE

22.1     Waiver or variance of any Covenant herein contained may be requested and request may be granted if adopted by the Board of Directors and approved by two-thirds (2/3) of all eligible voting members of all properties subject to these Covenants.  However, no restriction or covenant herein contained may be waived if it pertains to liens, maintenance of streets.

 

                                                                   ARTICLE 23 

                                                                FORBEARANCE

23.1     Any waiver given by PREHA or any failure to enforce any covenant herein contained shall not be construed or deemed to be a waiver of any and all rights of PREHA to strictly enforce these Covenants.   

                                                                   ARTICLE 24 

                                                                 COMPLAINTS

24.1     Any property owner having a complaint against any other property owner as a result of a Covenant violation shall notify the officer designated by PREHA .   Such officer shall research and enforce in accordance with these Covenants. 

 

                                                                   ARTICLE 25 

                                                         LIENS/NON-PAYMENT

25.1     All sums assessed against any property pursuant to the Articles, Bylaws and these Covenants, together with court costs, reasonable attorneys' fees, late charges, and interest as provided herein, shall be secured by an equitable charge and continuing lien on such property in favor of PREHA.  Such liens shall be superior to all other liens and encumbrances on any such property except only for:

(a)        liens for ad valorem taxes; and

(b)        liens for all sums unpaid on a first priority institutional mortgage, or its affiliates, successors, or assigns, and all amounts advanced pursuant to any such mortgage and secured thereby in accordance with the terms of such instrument; and

(c)        liens for labor performed or materials furnished as authorized by the Louisiana Private Works Statute.  Notwithstanding the foregoing to the contrary, the subordination of assessments to the lien of such mortgage shall only apply to such assessments which have become due and payable prior to a foreclosure.  All other persons acquiring liens, mortgages or other encumbrances on any property after these Covenants shall have been recorded shall be deemed to consent that such liens or encumbrances shall be inferior to such future liens for assessments as provided herein, whether or not such prior consent shall be specifically set forth in the instruments creating such liens or encumbrances.

25.2     Effect of Nonpayment; Remedies:  Any assessments, special assessments, emergency assessments or fees of any sort due from an Owner or any portions thereof which are not paid when due shall be delinquent.  Any amount delinquent for a period of more than ten (10) days after the date when due shall incur a late charge in an amount as may be determined by the Board of Directors' of PREHA from time to time and shall also commence to accrue simple interest at the maximum rate of twelve (12%) percent per annum, but in no way to exceed the maximum rate authorized by Louisiana law.  A lien and equitable charge as herein provided for each assessment shall attach simultaneously as the same shall become due and payable, and if an installment of the assessment for such year has not been paid within thirty (30) days, the entire unpaid balance of the assessment may be accelerated at the option of the PREHA and be declared due and payable in full.  The continuing lien and equitable charge of such assessment shall include the late charge established by PREHA's Board of Directors, interest on the principal amount due, all costs of collection (including reasonable attorneys' fees and court costs), and any other amounts provided or permitted hereunder or by law.

25.3     In the event that the assessment remains unpaid after sixty (60) days from the original due date, PREHA may institute suit to collect such amounts and to foreclosure of its lien.  The equitable charge and lien provided for in this Article shall be in favor of PREHA , and each Owner, by his acceptance of a deed or other conveyance to a property vests in PREHA and its agents have the right and power to bring all actions against him personally for the collection of such assessments as a debt and/or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property.   PREHA or any of its agents or members shall have the power to bid on the property at any foreclosure sale and to acquire, hold, lease, mortgage, and convey the same.  No Owner may waive or otherwise escape liability for the assessments provided for herein, including by way of illustration but not limitation, non-use of the Common Area or abandonment of his property; and an Owner shall remain personally liable for assessments, interest, and late charges which accrue prior to a sale, transfer, or other conveyance of his property.

25.4     Voting rights of such property is suspended after five (5) days of nonpayment of any amount due and written notice has been sent to the owner via Certified Mail, Return Receipt Requested.

                                                                   ARTICLE 26

                                                                 AMENDMENT

26.1     Notwithstanding any other provision herein contained to the contrary, these Covenants may be supplemented and/or amended, in whole or in part, by filing in the Conveyance Records of the Parish of Plaquemines, State of Louisiana, an authentic act or other appropriate recordable instrument which has been ratified by PREHA's Board of Directors and two thirds (2/3) majority of Eligible Voting Members of PREHA. 

ARTICLE 27

 

RIGHTS OF OWNERS 

27.1     Except as may be specifically set forth in this Act (either initially or by amendment), neither PREHA's Board nor the voting members may adopt any rule in violation of the following provisions:

(a)        Equal Treatment.  Similarly situated owners and occupants shall be treated similarly.

(b)        Speech.  The rights of owners and occupants to exercise free speech in or on their property shall not be abridged, except that PREHA may determine time, place and manner restrictions (including design criteria) for the purpose of minimizing damage and disturbance to other owners and occupants of the other properties.

(c)        Religious and Holiday Displays.  The rights of owners to display religious and holiday signs, symbols, and decorations inside structures on their property of the kinds normally displayed in residences located in a single-family residential neighborhood shall not be abridged, except that said seasonal decorations shall be removed within fifteen (15) days after the holiday or season.  PREHA may determine reasonable placing and manner restrictions for the purpose of minimizing damage and disturbance to other owners and occupants of the development.

(d)        Household Composition.  No rule shall interfere with the freedom of occupants of properties to determine the composition of their households, except that PREHA shall have the power to require that all occupants be members of a housekeeping unit and to limit the total number of occupants permitted in each Property on the basis of the size and facilities of the property and its fair use of the common area.

(e)        Activities Within Dwellings.  No rule shall interfere with the activities carried on within the confines of dwellings, except that PREHA may prohibit activities not normally associated with Properties restricted to residential use, and it may restrict or prohibit any activities that create monetary costs for PREHA or other owners, that create a danger to the health or safety of occupants or other properties, that generate excessive noise or traffic, that create unsightly conditions visible outside the dwelling, or that create an unreasonable source of annoyance.

(f)         Allocation of Burdens and Benefits.  No rule shall alter the allocation of financial burdens among the various properties or rights to use the Common Area to the detriment of any owner over that owner's objection expressed in writing to PREHA. Nothing in this provision shall prevent PREHA from changing the Common Areas available, from adopting generally applicable rules for use of Common Areas, or from denying use privileges to those who abuse the Common Areas, violate rules of these Covenants, or fail to pay assessments.  This provision does not affect the right to increase the amount of assessments as provided in the Articles and By-Laws of PREHA.

(g)        Alienation.  No rule shall prohibit leasing or transfer of any property, or require consent of PREHA for leasing or transfer of any property.  PREHA may require that owners use lease forms approved by PREHA but shall not impose any fee on the lease or transfer of any property greater than an amount reasonably based on the costs to PREHA or its costs to administer that lease or transfer.

(h)        Abridging Existing Rights.  If any covenant would otherwise require Owners to dispose of personal property which they maintain in or on the property prior to the effective date of such covenant or to vacate a property in which they resided prior to the effective date of such covenant and such property was maintained or such occupancy was in compliance with these Covenants and all covenants previously in force, such covenant shall not apply to any such Owners without their written consent unless the covenant was in effect at the time such Owners acquired their interest in the property.

                                                                   ARTICLE 28

 

                                                               ENFORCEMENT

 28.1       Enforcement shall be by legal action taken by PREHA Board either to restrain violation of these Covenants or to recover damages against any person or persons owing money, violating, or attempting to violate any of these Covenants.

28.2     In the event that any person, firm, corporation or other entity shall violate or attempt to violate any of the Covenants, PREHA Board shall have the right to institute and prosecute any proceeding, at law or in equity, to abate, enjoin, or otherwise prevent any such violation or attempted violation and to recover any and all damages resulting therefrom.

28.3     PREHA’s Board of Directors shall assess fines for each violation of each covenants as follows:

Failure to comply after 1st notice shall be  $ 50.00

Failure to comply after 2nd notice shall be $150.00

Failure to comply after 3rd notice shall be  $500.00

Failure to pay fines as assessed shall constitute delinquent charge and PREHA’s Board shall begin lien action as provided in these covenants

28.4     PREHA's Board of Directors shall also suspend the voting rights of the property owner(s) until such violations, monetary or non-monetary, are corrected.

 

                                                                   ARTICLE 29 

 

                                                  SEVERABILITY

 29.1     Invalidation of any part of any one or more of these Covenants by final judgment, court order or otherwise, shall not affect or invalidate any other Covenant, and all such other Covenants shall continue and remain in full force and effect.  In the event it becomes necessary for any reasons to re-subdivide this property so that the boundary lines of the said properties differ from those on the present plan, these covenants shall not be considered violated and shall nevertheless apply to the property as re-subdivided.  The non-enforcement of these Covenants as to one or more persons shall not be construed as a waiver thereof or shall such action be used as an estoppel against PREHA in enforcing the restrictions against other persons governed thereby.

 

                                                                   ARTICLE 30

 

                                                                       NOTICE 

30.1     Upon the purchase of any property, such purchaser(s)/owner(s) shall notify PREHA in writing of such purchase and the date thereof and furnish PREHA's Secretary with a notification mailing address within thirty (30) days.  Thereafter, all notices, demands, and requests which are or may be required to be sent to such owner(s) under the provisions of these Covenants shall be conclusively deemed to have been properly given if sent by United States registered or certified mail, postage prepaid, to the address furnished to PREHA as hereinabove provided; or at any such other place or address as such purchaser(s)/owner(s) may from time to time designate in a written notice to PREHA.

30.2     All notices, demands and/or requests to PREHA shall be conclusively deemed to have been properly given if sent by United States registered or certified mail, postage prepaid, addressed to PREHA at any such place which PREHA shall annually designate.

 

 

           

   COMMERCIAL VEHICLE

AS DEFINED BY PREHA

ARTICLE 10

VEHICLES, BOATS AND TRAILERS

 

 

To define and assure consistent, equal covenant enforcement in regards to “commercial vehicle” as referred to in Article 10 of the governing documents effective May, 2003 and to inform you of the meaning of “commercial” as ADOPTED BY PREHA BOARD RESOLUTION October 26, 2004.

 

“Commercial” is defined as:

 

  • Any truck, trailer, van or other vehicle carrying, any permanent sign, insignia, or other markings advertising a business or entity or,
  • Any truck, trailer, van or other vehicle having a vehicle weight rating of over one ton and having more than four single tired wheels or,
  • Any truck, trailer, van or other vehicle, enclosed or open, having a flat bed; any lift or incline equipment; ladder, pipe, or other similar racks.