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Deed Restrictions
Yes, there are rules and regulations governing life in Shadow Woods. For instance, neither you nor your neighbors can put a car up on blocks in the front yard, and you can't operate a day care center out of your home, breed alligators, or keep bees.
Property use in Shadow Woods is controlled by a document titled "DECLARATION OF RESTRICTIONS FOR SHADOW WOODS SUBDIVISION NO. 1" (referred to as Deed Restrictions). This document is dated May 25, 1978, and was filed with Oakland County when Shadow Woods was first formed as a subdivision. When property in Shadow Woods is purchased, the purchaser should receive a copy of the Deed Restrictions from the title company or realtor; however, this does not always happen. For this reason, the New Resident Information Packet includes a copy of this important document.
Our Deed Restrictions control how our properties are utilized and, to some extent, their appearance. Use this link to view the entire document: Deed Restrictions. The section that applies most directly to each and every resident and homeowner is Article VI - Building and Use Restrictions for the Subdivision, as follows: (It must be admitted that the following was written by lawyers and, therefore, is not always as straightforward as one would like. If you have questions, contact a Board member.)
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Section 1 - Use of Lot.
All lots shall be used for single residence purposes only, and no building of any kind whatsoever shall be erected, re-erected, moved, or maintained on any lot except one detached single family dwelling and appurtenant buildings on each lot, as hereinafter provided. Such dwelling shall be designed and erected for occupation by a single private family. A private garage for the sole use of the respective owner or occupant of the lot upon which said garage is erected may also be erected and maintained. All portions of a lot lying in front of the residential building shall be used for ornamental purposes only.
Section 2 - Size of Buildings
a. No dwelling shall be permitted on lots 193 through 210 inclusive unless the living area thereon shall not be less than 1600 square feet;
b. No dwelling shall be permitted on any of the balance of the lots unless the living area thereof shall be not less than 1400 square feet.
In the case of any multi-level dwelling, the first floor living area shall be not less than 650 square feet; in any dwelling constructed without a basement an aditional one hundred (100) square feet shall be added to the minimum required first floor area requirement. All computations of square footage for determination of the permissibility of erection of a residence shall be exclusive of garages, porches, or terraces. All garages must be attached or architecturally related to the dwelling. No garage shall provide space for less than two (2) automobiles. Carports are specifically prohibited.
Section 3 - Minimum Yard Requirements.
No building on any lot in The Subdivision shall be erected nearer than:
a. Thirty (30) feet from the front lot line; nor
b. Thirty-Five (35) feet from the rear lot line; nor
c. Twenty-Five (25) feet from the side lot line abutting a street on corner lots; nor
d. Ten (10) feet from each side lot line as to lots 193 through 210 inclusive, only; nor
e. Seven (7) feet from one side lot line with a minimum total of fifteen (15) feet from both side lot lines as to al lots not listed in subparagraph d, above.
Approval of a variance by the Avon Township Zoning Board of Appeals permitting rear or side yards smaller than the above minimums shall be deemed a valid waiver of this restriction.
Section 4 - Animals.
No farm animals, livestock or wild animals shall be kept, bred or harbored on any lot or on the Common Area. No animals shall be kept, bred or maintained on any lot excepting household pets for the use by the owner and members of his family. No animal shall be kept on any lot for any commercial purpose. Household pets shall have such care so as not to be objectionable or offensive due to noise, odor or unsanitary conditions.
Section 5 - Wells.
No well shall be dug, installed or constructed on any lot.
Section 6 - Sight Distance at Intersections.
No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two (2) 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. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
Section 7 - Easements.
a. Easements for the installation and maintenance of utilities, underground television master antenna line, and underground sewage, water and drainage lines, and surface drainage swales, are reserved to Declarant, its successors and assigns, as shown on the recorded plat, and also in, on, under and over a strip of land (6) feet in width on each side of, and along all rear and side lot lines. The use of all or a part of such easements may at any time or times hereafter be granted or assigned by Declarant, its successors or assigns, to any person, firm, corporation, governmental unit or agency which furnishes such services or utilities. No building may be constructed or maintained over or on any easements; however, after the aforementioned utilities have been installed, planting, fencing, or other lot line improvements shall be allowed, so long as they do not interfere with, obstruct, hinder, or impair the drainage plan of The Subdivision and so long as access be granted, without charge or liability for damages, for the maintenance of the utilities or the underground drainage lines so installed, and/or for the installation of additional facilities.
b. Private easements for public utilities have been granted and reserved on the plat of The Subdivision.
Section 8 - Temporary Structures.
Trailers, tents, shacks, barns, or any temporary building of any description whatsoever, are expressly prohibited within The Subdivision, and no temporary residence shall be permitted in unfinished residential buildings. However, the erection of a temporary storage building for materials and supplies to be used in the construction of a dwelling, and which shall be removed from the premises upon completion of the building is permitted.
Section 9 - General Conditions
a. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste, and the same shall not be kept except in sanitary containers properly concealed from public view. Garbage containers shall not be left at the road for more than twenty-four (24) hours in any one week.
b. No housetrailers, commercial vehicles, boat trailers, boats, camping vehicles or camping trailers may be parked on or stored on any lot in The Subdivision, unless stored fully enclosed within an attached garage. Commercial vehicles and trucks shall not be parked in The Subdivision, or on any lot therein, except while making normal deliveries or pickups in the normal course of business.
c. No laundry shall be hung for drying in such a way as to be visible from the street on which the lot fronts, and in the case of corner lots, such laundry shall not be hung so that it will be visible from the strets on which the lot fronts and sides.
d. The yard drainage and grade of all lots in The Subdivision shall be maintained in accordance with the grading plan on file with the Township.
e. No "through the wall" air conditioners may be installed on the front wall of any building in The Subdivision.
f. No outside compressors for central air conditioning units may be located other than in the rear yard and must be installed and maintained in such a manner so as to create no nuisance to the residents of adjacent dwellings.
g. No above-ground swimming pools which project eighteen (18) inches or more above the lot grade on any side will be permitted on any lot, except that children's wading pools which do not exceed a height of eighteen (18) inches above the lot grade at the top of the retaining wall, cover not more than 125 square feet of ground surface, use no filtering equipment and are of a type that can be readily emptied, may be used during the period from June 1st through September 1st of any year.
Section 10 - Sales Agency and/or Business Office.
Notwithstanding anything to the contrary elsewhere herein contained, Declarant and/or any builder or builders which it may designate, may construct and maintain a sales agency and a business office on any lot or lots which it or they may select, or may use a model house for such purposes, and Declarant and such designated builder or builders may continue to do so until such time as all of the lots in which Declarant or such other designated builder or builders have an interest, are sold.
Section 11 - Lease Restrictions.
No one shall lease and/or sublet less than the whole of any dwelling on any lot.
Section 12 - Exterior Surface of Dwellings.
The visible exterior walls of all dwelling structures built on any lot shall be made of wood, brick, brick veneer, aluminum or vinyl siding and/or stone. Stucco, and/or ledge rock may also be used, so long as any combination of these materials does not exceed fifty (50%) percent of the total of all visible exterior walls. The use of cement block, slag, imitation brick, cinder bock and/or asphalt siding is expressly prohibited. Windows and doors shall not be included in calculating the total area of visible exterior walls.
Section 13 - Fences.
a. No fence, wall or solid hedge may be erected, grown or maintained in front of or along the front building line of any lot; provided, however, that low ornamental fencing along the front lot line in architectural harmony with the design of the house, may be erected. The side lot line of each corner lot which faces a street shall be deemed to be a second front building lot line and shall be subject to the same restrictions as to the erection, growth or maintenance of fences, walls or hedges as is hereinbefore provided for front building lines.
b. No fence or wall may be erected or maintained on or along the side lines of any lot, and/or on or along the rear line of any lot, except fences which are required by local ordinance to enclose swimming pools, or are otherwise required or permitted by the Township of Avon.
c. No enclosures, fences or hedge rows shall be permitted to separate the rear of any yard from an abutting Common Area.
d. No dog run or pen shall be permitted to be erected or maintained on any lot unless it is attached to the rear of the main dwelling, does not extend beyond the side building lines and does not exceed fifty-four (54) inches in height.
Section 14 - Signs.
No sign or billboard shall be placed, erected, or maintained on any lot except:
a. One sign advertising the lot, or the house and lot for sale or lease, which said sign shall have a surface of not more than five (5) square feet, and the top of which shall be not more than three (3) feet above the ground; provided, however, that such sign shall have been constructed and installed in a professional manner; and
b. Political signs erected in compliance with the applicable Avon Township Ordinance.
The provisions of this paragraph shall not apply to such signs as may be installed or erected on any lot by Declarant, or any builder which it may designate during the construction period, or during such periods as any residence may be used as a model or for display purposes.
Section 15 - Destruction of Building by Fire, etc.
Any debris resulting from the destruction in whole or in part of any dwelling or building on any lot shall be removed with all reasonable dispatch from such lot and property in order to preserve the sightly condition of The Subdivision.
Section 16 - Landscaping.
Upon the completion of a residence on any of the lots the owner thereof, (and the word "owner", as used in this connection, means the party who purchases a residence from the builder thereof and each subsequent purchaser), shall cause the lot owned by him to be finish-graded and seeded or sodded and suitably landscape as soon after the completion of construction as weather permits. The lot and the drainage ditch, if any, contiguous to each lot shall be kept free of weeds by the owner thereof. All landscaping and lawns shall be well-maintained at all times.
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