Design & Construction Standards
continued from previous page… Section Eight Architectural and Landscaping Controls Architectural and Landscaping Committee — It is the intent of The Association to create a general plan and uniform scheme of development of the Property and to create within the Property a residential community of high quality and harmonious residences. Accordingly, The Architectural Review Committee (the A.R.C.) shall have the right to approve or disapprove all architectural, landscaping and location of any proposed improvements, as well as the general plan for development of all Lots within the Property. The AR.C. may, in its sole discretion, impose standards for the construction and development which may be greater or more stringent than standards prescribed in applicable building, zoning, or other governmental codes. The procedures of the A.R.C. shall be as set forth below. 1. Creation and Quorum- The A.R.C, shall be a permanent committee of the Association and shall administer and perform the Architectural and Landscape review and control functions of the Association. The A.R.C. shall consist of at least three (3) persons and not more than five (5) persons who shall be appointed by the Board of Directors. The Board of Directors shall determine the number of persons to serve on the A.R.C. A quorum shall consist of three members. 2. Application for Approval - Each property owner shall submit a preliminary application to the A.R.C. with respect to any proposed improvement. No construction shall begin on any project until all requirements of the A.R.C. have been met. The preliminary application shall include such information as may be required by the application form promulgated by the A.R.C. including: a. The plans and specifications, including the identity of each contractor and subcontractor which is intended to be engaged for the construction b. Two (2) sets of plans and specifications for the proposed construction c. Surface water drainage plan showing existing and design grade and/or contours relating to the predetermined ground floor finish elevation as established by the Association. d. The landscape design plan and irrigation system showing all proposed improvements. e. The fence or wall and gate design. f. Submission of samples of building materials and colors proposed to be used, including brick, stucco, doors, shutters, garage doors, and trim. 3. Re-submittal —In the event the information submitted to the A.R.C. is, in the opinion of the A.R.C., Incomplete or insufficient in any manner, the A.R.C may request and require the submission of additional or supplemental information. 4. Final Approval — No later than thirty days after the receipt of all information required by the A.R.C. for final review, the A.R.C. shall respond to the applicant in writing. refuse to approve any plans and specifications which are not suitable or desirable in the A.R.C.'s sole discretion for aesthetic or any other reason. In approving or disapproving such plans and applications, the A.R.C shall consider the suitability of the proposed construction, and the materials of which the same are to be built, the site upon which such construction is proposed to be erected, the harmony with the surrounding area and the effect on adjacent or neighboring property. In the event the A.R.C. fails to respond within the thirty-day period, the plans and specifications shall be deemed approved by the A.R.C. 5. Expiration of Approval – In the event commencement of construction does not occur within one hundred twenty (120 days of approval by the A.R.C. the approval of the A.R.C. will terminate and the construction be treated as if originally disapproved. 6. Appeals - If the A.R.C. disapproves any plans and specifications submitted to the A.R.C., it must be done in writing within thirty days. The applicant may request a formal meeting with the A.R.C. to review the plans and specifications disapproved. This meeting must take place within thirty days of formal disapproval. Upon continued disapproval, the applicant then has the right to appeal the decision to the Board of Directors. The decision of the Board of Directors shall be final and binding upon the applicant, 7. Modifications of Plans and Specifications —Any and all alterations, deletions, additions and changes of any type or nature whatsoever to the plans and/or specifications approved by the A.R.C. shall be subject to the approval of the A.R.C. in the same manner as is required for approval of original plans and specifications. 8. Enforcement — There is specifically reserved unto the A.R.C., the right of entry and inspection upon any portion of the Property for the purpose of determination by the A.R.C., whether there exists any construction which violates the terms of any approval by the A.R.C. or terms of this Declaration, or any amendments thereto, or of any other covenants, conditions and restrictions to which any deed or other instrument of conveyance makes reference. If any construction or improvements of any nature shall be constructed or altered without prior written approval of the A.R.C., the Owner shall upon demand of the Association, cause such construction/improvement to be or restored in order to comply with the plans and specifications originally approved by the A.R.C. The Owner shall be liable for the payment of all costs of such removal or restoration, including all costs and attorney's fees incurred by the Association. Such costs may also be the basis for an Individual Assessment. The A.R.C. is specifically empowered, upon receipt of the Board of Directors approval to enforce the architectural and landscaping provisions of the Declaration, by any legal or equitable remedy, and in the event that it becomes necessary to resort to litigation to determine the propriety of any constructed improvement, or to remove any unapproved construction/improvement or restore any tree or nature areas, the Association shall be entitled to the recovery of court costs, expenses and attorney's fees in connection therewith. All costs, expenses, and attorney’s fees of the A.R.C., including those incurred in connection with its enforcement or other powers, as provided herein, shall be borne by the Association; provided however, that nothing herein shall be deemed to negate the Association’s right to an award of the Association's and the A.R.C.'s attorney's fees and costs if the Association is the prevailing party in any administrative or judicial proceeding. In the event that an Owner fails to comply with the architectural and landscape provisions contained herein in the Declaration of Covenants and Restrictions for the Development or other rules and regulations promulgated by the A.R.C., the A- R.C. may in addition to all other remedies contained herein, record against the Owner's Lot a Certificate of Non-Compliance stating that the Improvements on the Lot fail to meet the requirements of the A.R.C. 9. Design Guidelines - The A.R.C. may publish or modify from time to time, design and development standards for the entire project. See Design and Construction Standards (Section One) for detailed guidelines. 10. Lot Restrictions -No lot shall be altered in size by moving lot lines or combining two lots for any reason. Owners with more than one lot shall build their residence on a single lot and may place a brick wall across the front of the other lot. improvements may be made to the back half of the other lot such as a pool house. That structure must be compatible with the architectural style of the main residence. 11. Excuipation and Indemnity— Neither the Directors or officers of the Association, the members of the A.R.C., nor any person acting on behalf of any of them, shall be liable for any cost or damage incurred by any Owner or the Association or any other party whatsoever, due to any mistake in judgment, negligence or any action of the A.R.C. in connection with the approval or disapproval of plans and specifications. Each Owner and occupant of any property within Louisianne agrees, as do their successors and assigns by acquiring title thereto or an interest therein, or by assuming possession thereof, that they shall not bring any action or suit against the Directors or officers of the Association, or the members of the A.R.C. in connection with the approval or disapproval of plans and specifications. The Association shall indemnify, defend and hold the A.R.C. and each of its members harmless from all costs, fees and expenses (including attorney’s fees and the expenses of expert consultants) which the A.R.C. or its members may incur on account of any claim in connection with the approval or disapproval of plans and specifications. Neither the Directors, officers or the Association, the members of the A.R.C., nor any person acting on behalf of them, shall be responsible for any defects in any plans or specifications, nor for any defects in any improvements constructed pursuant thereto, each party submitting plans and specifications for approval shall be solely responsible for the sufficiency thereof and for the quality of construction performed pursuant thereto. Section Nine Indemnification of Officers, Directors, Members of the A.R.C. and Members of the Association Every officer and director of the Association and each member of the A.R.C. shall be indemnified by the Association against all expense and liability, including attorneys' fees, incurred by, or imposed upon him in connection with any proceeding to which he may be a patty or in which he may become involved by reason of his being, or having been, an officer, director, or a member of the A-R.C. or the Association, whether or not he is an officer, director, or member of the A-R.C. or Association is adjudged guilty of willful malfeasance in the performance of his duties; provided, however, that in the event of any claim for reimbursement or indemnification hereunder based upon a settlement by the officer, director or member of the A.R.C. or Association seeking such reimbursement or indemnification, the indemnification herein shall apply only if the Board of Directors approves such settlement and reimbursement as being in the best interest of the Association. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such officer, director, or member of the A.R.C. or Association may be entitled. 1. Assignment- Any or all or the rights, powers, and obligations, easements and estate reserved by or granted to the Association may be assigned by The Association as the case may be. Any such assignment or transfer shall be made by an appropriate instrument in writing in which the assignee or transferee shall join for the purpose of evidencing its consent to such assignment and its acceptance of the rights and powers, duties and obligations herein contained. Such assignee or transferee shall thereupon have the same rights and powers and be subject to the same obligations and duties as are herein given to the Association. After such assignment, The Association shall be relieved and released of all obligation with respect to such rights, powers, obligations, easements, or estates. 2. Amendment- Subject at all times to all other limitations set forth in the Declaration, the Association shall have exclusive authority to amend these Declarations and the Design Standards and Guidelines. Any amendment shall be prospective in effect and shall not apply to require modifications to or removal of structures previously approved once construction has commenced. Said Amendments shall be recorded in the land records of the office of the Clerk of Court, Ouachita Parish, Louisiana. Unless a later date shall be specified in any such amending instrument, any amendment hereto shall be effective on the date of recording of the amending instrument. 3. Effect on Institutional Mortgagee- No amendment or change to this Declaration or to the exhibits hereto shall be effective to affect or impair validity or priority of a first mortgage held by an Institutional Mortgagee encumbering a Lot, or to affect or impair the rights granted hereto. Institutional Mortgagees, without the written consent thereto by the institutional Mortgagee owning and holding the mortgage encumbering the Lot to which consent shall be executed with the formalities required for deeds and recorded with the amendment. 4. Duration of Amendments- Adopted amendments to this Declaration shall run with and bind the Property for the same period and the same extent as to the covenants and restrictions set forth. Unless amended in accordance with the provisions herein; and except where permanent easements or other permanent rights or interests are herein created. the covenants. conditions and restrictions of this Declaration shall run with and bind the land now and hereafter constituting the Property, and shall inure to the Benefit of and be enforceable by the Association. or the Owner of any Lot; and by their respective legal representatives, heirs, successors and assigns, for a term of fifty (50) years from the date of this Declaration, after which date these covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years each, unless terminated at the end of any such period by an instrument executed and acknowledged within sixty (60) days preceding the end of such period by the Owners of at least fifty- one percent of the Lots, which instrument shall be filed for record in the Office of the Clerk of Court of Ouachita Parish agreeing to dissolve the Association and or change said covenants in whole or in part. 5. Construction and Enforcement-The provisions hereof shall be liberally construed to effectuate the purpose of creating a uniform plan for the development and operation of the Community. Enforcement of these covenants, conditions and restrictions may be by any proceeding at law or in equity against any person violating or attempting to violate any covenant, condition or restrictions, either to restrain or enjoin violation or to recover damages, or both, and against any Lot to enforce any lien created hereby; and the failure or forbearance by the Association or the Owner of any Lot to enforce any covenant, condition or restriction herein shall in no event be deemed a waiver of the right to do so thereafter. The defaulting party shall be responsible for payment of the expenses of enforcement, including attorneys' fees. The provisions hereof may be enforced, without limitation by the Association, by any Owners or any mortgagee of any Lot within Louisianne. For and in consideration of the privileges and protections granted herein, and the mutual enjoyment and use of the Common Property, and for the express purpose of securing the payment of the Assessments, other sums and charges described in Section Seven, the Association is given the powers of sale to enforce its assessments against the Owners of Lots/Residences in Louisianne, or as described in Section Seven, number six. 6. Notices- Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, by ordinary mail, postage prepaid, to the last known address of the person who appears as Owner on the records of the Association at the time of such mailing. 7. Plats —In addition to this Declaration and any subsequent declarations and amendments, the Property shall be subject to the additional covenants, restrictions, reservations and other terms and provisions as set forth in the plats of portions of the Property, which are recorded or to be recorded in the clerk of Court's office of Ouachita Parish. In addition, each Owner must abide by all applicable laws, regulations and ordinances of the federal government, the City of Monroe, the Parish of Ouachita, and the State of Louisiana. 8. Gender and Number- The use of the singular herein includes the plural, and the use of any gender shall include all genders. 9. Severability- Invalidation of any of the covenants or restrictions contained herein by judgment, decree or court order shall in no way affect any other provision herein, each and ail of which shall be severable and shall remain in full force and effect. 10. Captions-The captions used in this Declaration and the exhibits annexed hereto are inserted solely as a matter of convenience and shall not be relied upon or used in construing the text of this Declaration or any exhibits hereto. Section Ten Definitions The terms used in this Design Standards and Covenant shall have the following meanings: 1. ARCHITECTURAL REVIEW COMMITTEE or "A.R.C." refers to that permanent committee of the Association created for the purpose of establishing and enforcing criteria for the design and construction or renovation of homes in Louisianne. 2. ARTICLES OF INCORPORATION shall mean and refer to the Articles of Incorporation of the Association as filed in Ouachita Parish, Louisiana. 3. ASSESSMENT refers to those charges made by the Association to the Owners for the purposes of managing the needs of the Common Properties and upkeep of the Neighborhood. 4. ASSOCIATION refers to Louisianne Owners Association, Inc. created to govern and for the purpose of providing maintenance services, and owning and managing common areas for the Louisianne Development. 5. BOARD OF DIRECTORS refers to the residents elected by the Association to manage the affairs of the Association. 6. BY-LAWS refers to the by-laws of the Association as filed with Ouachita Parish, Louisiana. CITY refers to the city of Monroe, Louisiana. 8. COMMON EXPENSES refers to all expenses incurred by the Association in connection with its ownership, maintenance and other obligations. 9. COMMON PROPERTY refers to all portions of the property which are intended for the common use and enjoyment of the Owners and which are identified and dedicated to the Association on any recorded subdivision plats of the Property, or conveyed to the Association by deed or in this Declaration or any other declaration of covenants and restrictions that may be recorded in the Parish 10. DECLARATION refers to this instrument and all exhibits and may be amended from time to time. 11. DEVELOPMENT PLAN OR MASTER PLAN means the plan of Hard Times Development District which is the graphic representation of the proposed manner of development. 12. DEVELOPMENT refers to the development of the residential lots within Louisianne. 13, IMPROVEMENTS refers to all structures of any kind, including any building, fence, wall, paving, grading; parking, building addition, poof, alteration, screen enclosure, sewer, drainage, disposal system, satellite dishes, antennas. electronic and other signaling devices; decorative building, landscaping or landscape (including existing and planted trees and shrubbery) or objects. 14. INSTITUTIONAL MORTGAGEE refers to any person who holds a permanent first mortgage of public record on a Lot and the holder of any mortgage of public record given or assumed by the Association, whether a first mortgage or otherwise, and their successors and assigns, 15. LOUISIANNE refers to the planned neighborhood that is located in Monroe, Ouachita Parish, Louisiana and known as Louisianne, a community at Hard Times Plantation. 16. LOT refers to any lot located within the areas of Louisianne designated as a "single- family lot" on the development plan. 17. MEMBER refers to the Owners of Lots/Residences and are members of the Association. 18. OWNER refers to the record owner, whether one or more persons, of the fee simple title to any lot, excluding any mortgagee unless and until such mortgagee has reacquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. 19. PARISH refers to Ouachita Parish, Louisiana. 20. PROPERTY shall mean that real property legally described in PLAT Book 20, page 177, File number 1381411, in the Clerk of Courts Office of Ouachita Parish, Louisianne. ADDENDUM NUMBER 1 MAINTENANCE OF YARD AND PROPERTY NOTICE The primary purpose of our neighborhood in Louisianne is to offer this area a community of ambiance similar to that found in the earlier times in the garden districts of New Orleans, Charleston, and Savannah and to attract residents who take pride in this purpose and can participate and enjoy the beauty intended. The Design and Construction Standards of Louisianne allows for no maximum or minimum square footage requirements; however, the Design Standards, Restrictions, and Covenant require emphasis on the architecture, landscaping, and quality craftsmanship of all property. Accordingly, we all must adhere to the maintenance of our yards and homes based on the tenants required. Specifically, all yards shall be kept in a clean and sanitary condition and no rubbish, refuse or garbage shall be allowed to accumulate or any fire hazard allowed to exist. In the event an Owner fails to maintain the Lot as foresaid, the Association shall have the right exercisable in its sole discretion, to mow, trim, clear any weeds, grass, unsightly debris, to remove overgrown shrubs or trees, and to add plants and mulch on a yard deemed by the Association to be a health menace, fire hazard or a detraction from the aesthetic appearance expected of Louisianne. Additionally, the exterior of a house shall be kept neat, attractive, with no damages lingering to open view, including roof or exterior surface, painted surfaces, facade, shutters, gutters, exterior lighting, and sidewalks. No permanent use or extended use in yards, porches, and areas open to public view of mascots, sculptures, busts, election signs, caricature-type statues or animals, etc. as deemed by the Board to be unsightly or not representative of the ambiance expected in our neighborhood. Those types of items should be placed on your private porch or courtyard, not in public view. Further, a notice of 7 days shall be given to the residents prior to amelioration, In the event the Association, after such notice, causes the subject work to be done, the costs of such work, together with interest at the rate of twelve (12%) percent, shall be charged to the Owners and shall become a lien on the subject home/yard. The same applies to any Lot/ Home Owner. The following items must be corrected by the property owner according to the timeframe stated below: From the Louisianne Property Owners Association Board Members President _____________________________________ Dated__________________________________________
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