COVENANTS, RESTRICTIONS AND LIMITATIONS OF
SHILOH FALLS SUBDIVISION
COVENANTS 20-38
20. No trash, junk, garbage, litter or other noxious materials may be dumped on any lot or other development property except at designated disposal areas. Garbage must be kept out of sight from street and lake until properly removed. Trash will not be burned out of doors.
21. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done or permitted thereon which may be or become an annoyance or a nuisance to the neighborhood.
22. All fences must be approved by the Architectural Committee. No fence shall be erected on any lot closer to the street than the building line thereon and in no event shall fences be built along the street. Chain link fences or metal fences of any type are not permitted, except with prior written approval by the architectural Committee.
23. No animals, livestock or poultry of any kind, other than household pets, shall be kept or maintained on part of said property. Dogs, cats and other household pets may be kept upon such property only if they are not: (a) kept, used or maintained for any commercial use or purpose; or (b) kept or maintained in such a manner as, in the judgment of the Developer or its assigns, to create a nuisance.
24. Any docks and/or piers constructed on any of the waterfront lots in said single family residential phases of Shiloh Falls Subdivision must conform exactly to the plans and specifications for the construction of docks and/or piers as set out by the Developer or its assigns. Any docks and/or piers constructed which do not conform exactly to the plans and specifications for the construction of docks and/or piers as set out by the Developer or its assigns may be removed by the Developer or its assigns at the owner's expense. No boat houses are permitted below the 418 foot (above sea level) elevation. However, boat houses are permitted above the 418 foot elevation provided that the design and materials used must be approved in writing by the Architectural Committee.
25. No motorcycles, three-wheelers, four-wheelers, all-terrain vehicles or the like shall be allowed to operate within the Shiloh Falls Subdivision. Golf carts operated by persons eighteen years or older are permitted.
26. No major mechanical work shall be done on automobiles, boats, motors, trailers, etc., situated on any lot, except in an emergency.
27. Vegetable gardening shall be allowed only if properly screened from view and approved in writing by the Architectural Committee.
28. No discharge of firearms or the shooting of any fireworks shall be allowed in Shiloh Falls Subdivision, nor shall any hunting be allowed.
29. Shiloh Falls Subdivision shall be restricted for the exclusive use of the owners and their guests.
30. The Architectural Committee shall consist of the Developer. The Developer may appoint such other people to serve on the Committee as Developer, in its sole discretion, deems advisable. Said Committee shall have full authority to approve all building plans, including front elevation, set backs as shown on the recorded plat, drive entrance locations, fences, and any out buildings. Minimum square footage shall be as required on the recorded plat for each phase. Plans shall be submitted to the Developer for approval and in the event that the Committee does not provide review within thirty (30) days, the plan will automatically be deemed approved. Additionally, any roof on a dwelling must be constructed with material equal to Elk240 Prestique II or tile, wood shingles, or architectural metals or other material, all of which must be approved in writing by the Architectural Committee.
31. The Developer shall have the option at any time to resign from the Architectural Committee and shall appoint as the Architectural Committee three owners of lots of this Subdivision, with said Committee having the same authority and responsibility as the original Architectural Committee.
32. These covenants, restrictions, easements and limitations are to run continuously with the land and shall be binding on all parties and all persons claiming under them until January 1, 2010, at which time said covenants shall automatically be extended for successive periods of ten years unless by vote of the majority of the then owners of the lots at any meeting held after January 1, 2010, it is agreed to amend said covenants in whole or in part. However, until Developer assigns control of the Subdivision and its amenities to the Home Owner's Association, the Developer does hereby reserve the right to modify or amend these restrictions at any time prior to January 1, 2010 and in any way which would not be detrimental to the exclusive residential character of the Subdivision.
33. If any of the parties hereto or any lot owner or his heirs or assigns shall violate any of the covenants, restrictions, or limitations contained herein before they expire, it shall be lawful for any other person owning any other lot in the Shiloh Falls Subdivision, or the Developer, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant, restriction or limitation and either prevent him or them from so doing or to recover damages or other dues for such violations.
34. No failure or neglect on the part of the Developer or its assigns to demand or insist on the observance of any provision, requirement, covenant, limitation, restriction or condition herein contained or referred to, or to proceed for the restraint or violation of, shall be deemed a waiver of such violation or operate as an estoppel to restrain a continuance thereunder; nor shall a waiver thereof, in any particular, be deemed a waiver of any default thereunder, whether of the same or a different nature; and any such provision, requirement, covenant, limitation, restriction or condition may be enforced at any time, notwithstanding the fact that violations may have been suffered or permitted thereunder.
35. The ownership of the common areas shall ultimately be transferred to the Shiloh Falls Home Owner's Association. Such Home Owner's Association shall operate and be governed by its Charter and By-Laws which are incorporated herein by reference.
36. A person who purchases a lot in the Shiloh Falls Subdivision thereby automatically becomes a member of the Shiloh Falls Home Owner's Association and is subject to all its rules and regulations. Only one membership per lot is granted regardless of the number of owners of said lot.
37. As used herein, where applicable, "Seller" and "Purchaser" include the plural and the masculine gender includes the feminine or neuter gender.
38. Each owner shall be required within ten days of completion of construction to install one yard light located near the drive entrance. Each light will be operated by a photo cell switch. The type and location of the light shall be approved in advance by the architectural committee.
IN WITNESS WHEREOF, the undersigned Developer, being the sole and exclusive owner of all the property described herein, does hereby adopt all of the above covenants, restrictions, limitations and easements on the property which shall be known as Shiloh Falls Subdivision.
THE McCRORY COMPANY/SHACKLEFORD DEVELOPMENT CORPORATION, A JOINT VENTURE
By The McCRORY COMPANY, A PARTNERSHIP
Original Signed By: ___________________________
Gary E. McCrory, General Partner
Witnessed 18th day of August, 1989
Back to Top