WALNUT CROSSING SUBDIVISION
AN ADDITION TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS
FIFTH AMENDED AND RESTATED
RESTRICTIVE COVENANTS AND BILL OF ASSURANCE

These Restrictive Covenants and Bill of Assurance for Walnut Crossing Subdivision, an Addition to the City of Fayetteville, Washington County, Arkansas were made by the property developer, Rausch Coleman Homes, LLC, and is hereby restated by the Board of Directors of the Walnut Crossing Property Owners’ Association, for the purpose of resolving disputes with respect to interpretation and application of the provisions of these Covenants pursuant Article XIV Section 6.

The Developer hereby imposes the following limitations, restrictions and uses on Lots 1 through 67 further designated as the Residences, Lots 68 through 136 further designated as the Villas, as per the platted subdivision filed of record in Washington County on the    18th     day of      July    , 2006 in Plat Book   23   at Page     235. and Lots 137 through 194 further designated as the Commons, as per the platted subdivision filed of record in Washington County on the    20th     day of      October    , 2006 in Plat Book   23A   at Page     252  , which make up Walnut Crossing Subdivision, an Addition to the City of Fayetteville, Arkansas (the ‘Addition’).  The legal description for the said Addition is more particularly described on Exhibit “A” attached hereto and plats of the Addition are set out on Exhibits “B” and “C” attached hereto.  These Covenants shall run with the land for the period of time hereinafter set out and shall be binding upon all purchasers of lots in the Addition.  These Covenants are for the benefit of and are limitations upon all future owners in the Addition and have been designated as such in order to provide for the orderly development of the Addition and for the purpose of making the Addition desirable, uniform, and suitable for the uses herein specified.

These Covenants shall be binding upon all parties and all persons claiming under them through December 31, 2036, at which time they shall be automatically extended for an additional ten (10) years, unless by vote of at least two-thirds of the then owners of the lots in the Addition (the term “lots” being defined herein), it is agreed that these Covenants should be changed, amended, or terminated in whole or in part. The provisions contained in these Covenants may be changed or amended at any time in accordance with Article XIV,Section 3, herein.

It shall be lawful for the Developer, Walnut Crossing Property Owners Association, an Arkansas non-profit corporation (hereinafter referred to as the “Association”), the City of Fayetteville, Arkansas (the “City”), or any other person or persons owning a lot in the Addition to initiate proceedings at law or in equity against parties or persons violating or attempting to violate any of these Covenants and to recover damages for such violations.  The Association and/or any owner of lots situated in the Addition, either individually or collectively may also exercise any rights reserved hereunder to the Developer.  The invalidation of any one or more of these Covenants by a court order shall not invalidate any of the other provisions which shall remain in full force and effect.

 ARTICLE I
Concepts and Definitions

The following words, when used in these Covenants or any amendments or supplements thereto (unless the context shall otherwise clearly indicate or prohibit), shall have the respective concepts and meanings set forth below.

“Addition” shall mean and refer to the legal description described in Exhibit ”A” and as reflected on the plat set out on Exhibits “B” and “C” and any additions or amendments thereto.

“Association” shall mean and refer to the entity which will have the power, duty, and responsibility for maintaining, administering, and enforcing, these Covenants and collecting and disbursing the assessments and charges hereinafter prescribed.  The Association shall be chartered and shall function as a non-profit corporation under the name of “Walnut Crossing Property Owners Association”, for the purposes set forth herein.

“Architectural Control Committee” or “Committee” shall mean and refer to the three (3) individuals or business entities selected by the Developer until such time as the Developer voluntarily relinquishes control to the Association as per Article VIII.  At that time the three-member Committee shall be elected by the Association at a specially called meeting held for that purpose.  Each member of the Committee shall be generally familiar with residential and community development design matters and knowledgeable about the Developer’s concern for a high level of taste and design standards within the Addition.  Other matters pertaining to the governments and administration of the Committee is set forth in these Covenants.

The Residences shall mean Lots 1 through 67 as shown on the plat.

The Villas shall mean Lots 68 through 136 as shown on the plat.

The Commons shall mean Lot 137 through 194 as shown on the plat.

 “Board” or “Board of Directors” shall mean and refer to the Board of Directors of the Association elected in accordance with the provisions of the Articles of Incorporation and By-Laws of the Association.

“Common Properties” shall mean and refer to any and all areas of land together with all improvements located therein within the Addition, which are known, described or designated as lands commonly owned by the members of the Walnut Crossing Property Owners Association; said properties being intended for or devoted to the common use and enjoyment of the members of the Association.  The Association shall hold such title to the Common Properties as shall be consistent with the objectives envisioned herein and subject to the easement rights herein of the member to use and enjoy the Common Properties.  The Developer reserves the right to affect minor redesigns or reconfigurations of the Common Properties and execute any open space declarations applicable to the Common Properties, drives or alleys, on any recorded subdivision plat of the Addition, and the postal kiosk areas.  The Common Properties are further defined as Lots 140 through 144 inclusive as indicated on the plat of Walnut Crossing subdivision recorded at Plat Book 23, Page 235 and Lots CP1, CP3, CP4, and CP5 on the plat of The Commons at Walnut Crossing recorded at Plat Book 23A, Page 252.

“Tree Preservation Area” shall refer to that portion of the Addition (lots 140, 141, and 144) set aside for wildlife and eco-system maintenance and which shall be preserved in its current state and may be utilized as a detention area for storm water run-off.

“Lot” or “lot” shall mean and refer to any plot or tract of land which is designated as a lot on the plat which is attached hereto and labeled Exhibits “B” and “C”.  The term “lot” as used in these Covenants shall be deemed to refer to any real property or space reflected on the plat and within which a dwelling unit may be legally constructed.

“Member” or “member” shall mean and refer to each owner of a lot.

“Owner” or “owner” shall mean and refer to each and every person or entity who or which is a record owner or subsequently becomes a record owner of a fee or undivided fee interest in any lot in the Addition. If more than one person or entity owns an interest in a lot, then the voting right and membership shall be divided among the parties as they see fit.

“Public Park” shall mean and refer to the five (5) acre tract of land within the development and designated on the plat as acreage donated by the Developer to the City of Fayetteville, Arkansas.  The public park shall be developed with improvements and maintained by the City of Fayetteville, Arkansas.

ARTICLE II
Membership and Voting Rights in the Association

Section 1.  Membership.  Every owner of a lot shall automatically be, and must remain, a member of the Association in good standing.

Registration of Homeowners – as Amended by Board Resolution 7/10/15 – Registration is required of new homeowners with the POA upon title closing and to provide current contact information including email address. Further require current homeowners to update contact information and residency status annually or within 30-days of change.

Section 2.  Voting Rights.  The Association shall have one (1) class of membership for purposes of voting.  There shall be a total of one hundred ninety-four (194) votes.  The owner of each lot (regardless of how many persons or entities own an interest in the lot) shall be entitled to one (1) vote. Notwithstanding the foregoing, the Developer shall have four (4) votes per Lot on all matters until the Developer has conveyed 99% of Lots in the Addition to other Owners, at which time the Developer shall have one (1) vote per Lot that it still owns and has not conveyed.

Section 3.  Quorum, Notice and Voting Requirements.  The quorum, notice, and voting requirements of and pertaining to the Association are set forth within the Articles of Incorporation and By-Laws of the Association, as the same may be amended from time to time.  Lack of Director Candidates- as Amended by Board Resolution -10/13/15  – The purpose of this resolution is facilitate an orderly selection and election of directors when there is a lack of candidates. In cases of this nature, the Board of Directors should be the approval authority as per the covenants. Therefore, the Board of Directors shall appoint directors based on recommendations from the membership and approved by the current Board of Directors. The names of nominees will be put forward at the annual meeting for consideration by the Board of Directors. Appointments will be made based a quorum vote of the Board of Directors at a special meeting held for that purpose.

ARTICLE III
Property Rights in the Common Properties

Section 1.  Members’ Easements of Enjoyment.  Subject to the provisions of Section 3 of this Article, every member and each individual within a member’s family shall have a non-exclusive right and easement of use, recreation, and enjoyment in and to the Common Properties and such easement shall be appurtenant to and shall pass with the title of each respective lot, PROVIDED, HOWEVER, such easement shall not give such person (excluding the Developer and the Association), the right to make alterations, additions or improvements to the Common Properties.  Notwithstanding the foregoing, the Tree Preservation Areas (lots 140, 141, and 144) noted on the plat shall be maintained in its current state and no trees (unless diseased or dead) shall be removed from that area.

Section 2.  Title to the Common Properties.  If appropriate and as permitted by the City, the Association shall hold such title to the Platted Common Properties for an indefinite period of time, subject to the easements set forth in Section 1 of this Article as is necessary to accomplish the purposes and effects of these Covenants.  The Association shall have the right to design, redesign, reconfigure, alter, improve, landscape, and maintain the Common Properties.

Section 3.  Extent of Members’ Easements.  The rights and easements created hereby shall be subject to the following provisions:

The Board shall prescribe reasonable regulations and policies governing, and to charge fees and/or deposits related to the use, operation, and maintenance of the Common Properties and all lots. The Board, on behalf of the Association, may enter into and execute contracts with any party for the purpose of providing maintenance or such other materials or services consistent with the purposes of the Association and/or these Covenants.

The Board shall suspend the voting rights of any member and suspend the right of any member to use or enjoy any of the Common Properties for any period during which any assessment (including without limitation “fines”) against a lot resided upon by such member remains unpaid, and otherwise for any period deemed reasonable by the Board for any infraction of the existing rules and regulations. See Harassment Rule .

The Board, on behalf of the Association, may dedicate or transfer all or any part of the Common Properties to any municipal corporation, county government, political subdivision, public agency, governmental authority, or utility for such purposes and upon such conditions as may be agreed to by the Board.

ARTICLE IV
Covenants for Assessments

Section 1.  Creation of the Lien and Personal Obligation of Assessments.  The Developer, for each lot owned by it within the Addition, hereby covenants and agrees, and each owner of any lot, by acceptance of a deed therefore, whether from the Developer or some subsequent grantor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree (and such covenant and agreement shall be deemed to constitute a portion of the purchase money and consideration for acquisition of the lot), to pay to the Association the following matters:

Regular assessments or charges for maintenance, taxes and insurance on the Common Properties as will be needed.

Special group assessments (which may be applicable to owners of only one area of the Addition such as the, Residences, Villas and the Commons) for capital improvements or unusual or emergency matters regarding yard care, private drive/alleyways, mail kiosks and signage, and any and all such assessments to be fixed, established, and collected by the Board from time to time as hereinafter provided. Special individual assessments levied against individual lot owners to reimburse the Association for extra costs for maintenance and repairs caused by the willful or negligent acts of the individual owner, his or her family, guests or invitees, and not caused by ordinary wear and tear.

Assessments and fines levied against individual lot owners for violation of rules and regulations pertaining to the Association and/or the Common Properties.  * Amended by Board Resolution 10/6/15 Increase in Fine amounts: As authorized by this POA Board Resolution, all standard fines of the covenants have increased from $35 to $50 per violation.  The time period for assessing recurring violation warnings and fines has changed from 10-calendar days to 5-calendar days.  These changes go into effect January 1, 2016. Schedule of Fines .

The regular, special group, and special individual assessments, together with such late charges, interest and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon each lot against which each such assessment is made and shall also be the continuing personal obligation of the then existing owner of such lot at the time when the assessment fell due. Amended by POA Resolution 10/6/15 – Assessment of a lien for recurring violations: A lien shall be placed upon a property for which four (4) consecutive fines have been issued for non- compliance of a violation of the covenants or in the alternative, the occurrence of four (4) fines being issued for an equivalent covenant within a ninety-day period.

Section 2.  Purpose of Assessments.  The assessments levied by the Board on behalf of the Association shall be used exclusively for the purposes of:  (i) enhancing the natural environment, appearance, and beauty of the Addition; (ii) promoting the health, recreation, safety, and general welfare of the residents of the Addition; and (iii) repairing, maintaining, and renovating those portions of the Addition set aside on private roadways, sidewalks, or easements.

Section 3.  Basis and Amount of Regular Maintenance Assessments. The Board shall determine the regular base assessments for each of the lots at least annually.  Each lot (except with regard to special individual assessments) shall be assessed the same amount and in an equal uniform manner; provided, however, owners of lots within the Villas and the Commons may be assessed additional amounts for work or repairs attributable exclusively to those particular areas of the Addition.

The Board shall give notice to all members at least 30 days in advance of the date all regular or special assessments are due. Initially the due date for the regular assessments shall be January 1 of each year and all regular assessments considered late on and after March 1 of that same year. After March 1st, a 10% penalty shall apply for every 30 days the dues are late.  Each owner shall be assessed an annual membership fee, due and payable in one lump sum to the Association on the first day of January each year, with the first such assessment being prorated and paid at closing according to time of conveyance of a Lot.  All regular base assessments shall be collected in advance. If the Board chooses to offer members the opportunity to pay the regular base assessments at any due date other than the January 1 annual date, and/or when the Board needs to authorize a special assessment under Sections 3 and 4 hereof, then the Board shall pass a resolution to authorize such action.  The annual membership fee shall be assessed according to each lot owners selection of one of the two following options:

Maintenance of the Common Area and Green Space:  Regular base dues shall be $125.00 a year per Lot. *Effective January 1, 2016 as amended by board resolution 10/22/15.   The base dues shall be paid to the Property Owners’ Association for maintenance of the Common Area and Green Space.  Each Lot owner is responsible for proper care and maintenance of their gardens, lawns and landscaping, as required per Article XIII, Section 5 of these covenants.  Failure to maintain lot(s) in accordance with this provision may result in the Association contracting with an outside firm to provide the necessary work required to bring lot up the standard required by these Covenants.  The cost of such maintenance work will be assessed back to owner, in addition to a $25 flat fee payable to the Association.

Section 4.  Special Group Assessments.   In addition to the regular assessments authorized by Section 3 hereof, the Board may levy in any fiscal year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement in the Addition.

1) Applicable to the Villas owners:

a)  Private alleyways

  1. b)  Directional signage

2) Applicable to the Commons owners:

  1. a) Private drives (streets)
    b) Group parking areas (CP1, CP3, CP4 and CP5)

Section 5.  Rate of Assessments.  Except as noted herein, regular and special group assessments shall be fixed at a uniform rate for all lots owned by members, unless otherwise approved by the Board for work or expenses attributable to the Villa and/or the Commons.  Should a special assessment be determined necessary by the Board, the rate of assessment shall be equal for all lots.  The failure to pay the assessment by the owner of a lot within the required time period shall constitute a lien only against the lot assessed.

Section 6.  Effect of Non-Payment of Assessment; the Personal Obligation of the Owner; the Lien; and Remedies of Association.

If any assessment or fine or any part thereof is not paid on the date(s) when due, then the unpaid amount of such assessment shall be considered delinquent and shall, together with any late charge and interest thereon at the maximum rate allowed under applicable law and costs of collection thereof, thereupon become a continuing debt secured by a self-executing lien on the lot of the non-paying owner which shall bind such lot in the hands of the owner and owner’s heirs, executors, administrators, devisees, personal representatives, successors, and assigns.  The Board shall have the right to reject partial payments of an unpaid assessment and demand the full payment thereof.  The personal obligation of the then-existing owner to pay such assessment, however, shall remain the owner’s personal obligation and shall not pass to owner’s successors in title unless expressly assumed by them.  However, the lien for unpaid assessments shall be unaffected by any sale or assignment of a lot and shall continue in full force and effect.  No owner may waive or otherwise escape liability for any assessment provided herein by non-use of the Common Properties or abandonment of the lot.

The Board may also give written notification to the holder(s) of a mortgage on lot of a non-paying owner of such owner’s default in paying any assessment when such default has not been cured within 30 days of the original date due, provided that the Board has, theretofore, been furnished in writing with the correct name and address of the holder(s) of such mortgage and a request to receive such notification. The Board may, at its election, retain the services of an attorney to review, monitor and/or collect unpaid assessments and delinquent accounts, and there shall also be added to the amount of any unpaid assessment or to any delinquent account any and all attorneys’ fees and other costs of collection incurred by the Association.

Section 7.  Subordination of the Lien to Mortgages.  The lien of the assessments provided for herein shall be subordinate and inferior to the lien of any bona fide first mortgage or deed of trust now or hereafter placed upon the lots subject to assessment.

ARTICLE V
General Powers and Duties of the Board of Directors of the Association

Section 1.  Powers and Duties.  The affairs of the Association shall be conducted by its Board of Directors (sometimes referred to as the “Board”). The Board, for the benefit of the Association, the Addition, and the owners, may provide and may pay for, out of the assessment funds(s) provided for in Article IV above, any or all of the following:

Care, preservation and maintenance of the Common Properties and the furnishing and upkeep of any desired personal property and fixtures for use in or on the Common Properties;

Private trash and garbage collection service, if any, which pertain to the Common Properties only; Taxes, insurance and utilities (including, without limitation, electricity, gas, water and sewer charges) if any, which pertain to the Common Properties only;

The services of any person or firm (including the Developer and any affiliates of the Developer) to manage the Association or any separate portion thereof, to the extent deemed advisable by the Board, and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly by the Board or by a manager hired by the Board;  As Amended by Board Resolution 12/16/15 Creation of Executive Manager Position – Establish the position of Executive Manager which will provide the day to day continuity between the Board, the President, and the Association membership. Direction will be given the Executive Managers by the President. The management of the POA will be governed by the provisions of the POA Covenants as amended and interpreted by the Walnut Crossing Board of Directors.
Legal and accounting services; and any other materials, supplies, equipment, labor, services, maintenance, repairs, structural alterations, taxes or assessments which the Board is required to obtain or pay for pursuant to the terms of these Covenants or which in its opinion shall be necessary or proper for the operation or protection of the Association and the Addition or for the enforcement of these Covenants. The Board shall have the following additional rights, powers and duties:

To execute all declarations of ownership for tax assessment purposes with regard to any of the Common Properties owned by the Association; To enter into contracts, maintain one or more bank accounts and generally, to have all the powers necessary or incidental to the operation and management of the Association; and To make reasonable rules and regulations for the operation of the Common Properties and to amend them from time to time.
Section 2.  Maintenance Contracts.  The Board shall have full power and authority to contract with any owner (including, without limitation, the Developer) for performance, on behalf of the Association, of services which the Association is otherwise required to perform pursuant to the terms hereof, such contracts to be upon such terms and conditions and for such consideration as the Board may deem proper, advisable, and in the best interests of the Association.

Section 3.  Liability Limitations.  No member or the directors and officers of the Association shall be personally liable for debts contracted for or otherwise incurred by the Association or for any torts committed by or on behalf of the Association or otherwise.  The Developer or the Association, its directors, officers, agents, or employees, shall not be liable for any incidental or consequential damages for failure to inspect any premises, improvements, or portion thereof or for failure to repair or maintain the same.

Section 4.  Reserve Funds.  The Board may establish reserve funds which may be maintained and accounted for separately from other funds maintained for annual operating expenses.

 

ARTICLE VI
Use and Division of Lots

No lot may be divided or split.  The Addition (and each lot situated therein) shall be constructed, developed, occupied and used as follows:

Section 1. Residential Lots.  Other than those Platted lots defined as “Common Property” in Article I above all lots within the Addition shall be used, known and described as residential lots.  The minimum heated and cooled square footages for each of the three areas of homes within the Addition shall be 1,000 square feet.  The customary and usual necessary structures may be constructed on each lot as may be permitted by the City.  No building or structure intended for or adapted to business purposes shall be erected, placed, permitted or maintained on any lot.  This covenant shall be construed as prohibiting the engagement in or practice of any commerce, industry, business, trade or profession within the Addition, and/or within any lot.  The restrictions on use herein contained shall be cumulative of, and in addition to, such restrictions on usage as may from time to time be applicable under and pursuant to the statutes, rules, regulations, and ordinances of the City or any other governmental authority or political subdivision having jurisdiction over the Addition.

Section 2. Residential Purposes.  By acquisition of any lot within the Addition, each owner (excluding bona fide homebuilders) covenants with and represents to the Developer and to the Association that the lot is being specifically acquired for the specific and singular purpose of constructing and using as a single-family residential dwelling thereon.

Section 3.  Minimum Square Footage.  Each single-family residence constructed on a lot shall contain at least the minimum heated and cooled square footage as set forth in Section 1 above.  The decision by the Committee regarding the computation of the amount of square footage a residence contains shall be final.

Section 4.  Private Drives, Alley Ways and Parking.  Each private drive and alley way must remain clear at all times.  Alleys within the Villas and private drives within the Commons shall have one-way traffic and may not be utilized for parking or storage purposes, for any length of time and shall be subject to such other rules and regulations as may be promulgated by the Board from time to time. Trash collection requires that the truck collecting trash travel down any given street in both direction so two-way traffic is allowed for trash collection trucks only and only on trash pickup days.  No vehicle, trailer, boat, commercial vehicle, recreational vehicle or accessories thereof, shall be parked within the Group Parking areas of the Commons, also known as Guest Parking.  Guest parking in the Commons, which is Craftsman, Bungalow and Cottage streets, is for all home owners on those streets.  Guest parking cannot be used by any one home owner for their personal use.  All home owners, must park in their driveways.  Guest parking must not be used by friends or guests on a frequent basis.

No inoperative vehicles of any nature shall be permitted to remain on any said Lot or Lots for a period in excess of one day.  It is the intention of the Developer that, except on special occasions such as holidays or a get together at an Owner’s residence that all parking shall be in driveways.  Accordingly, no vehicle shall be parked on the street for more than two (2) consecutive days and shall not be parked overnight on a street.  Any violation of this section shall result in a towing of the vehicle at the owner’s expense.  Amended by Board Resolution dated 2/12/2012- It is resolved as follows that there shall be no overnight parking within the Walnut Crossing Subdivision. Overnight parking shall be defined as parking anytime between 1:00am and 6:00am. If a vehicle which is found parked on a neighborhood street during the prohibited times, the POA shall assess a fine of $100.00 against the owner of the property in which the vehicle’s occupant is staying or visiting. Because it is the duty of every property owner to comply with the covenants for the benefit of all property owners, it is the responsibility of owners to inform all guests of prohibited overnight parking.” Automobiles, trucks, obsolete vehicles or machines no longer in service shall not be allowed to remain on the Lot in excess of one day.  No vehicle maintenance shall be performed on the streets or in the front yards or on parking pads of any Lot.  No commercial vehicle, semi-trailer trucks, delivery vans or commercial utility vehicles can be parked on a street at any time, except for the purpose of making a delivery or temporary repairs or maintenance for a Lot or dwelling in the Subdivision.

Section 5, Surface Drainage.  Each Lot shall receive and drain, in an unobstructed manner, the storm and surface waters from Lots and drainage areas of higher elevation and from public streets and easements. No lot owner shall construct or permit to be constructed any fencing or other obstructions which would impair the drainage of storm and surface waters over and across his lot. The foregoing covenants set forth in this paragraph shall be enforceable by any affected lot owner and by The City of Fayetteville.

ARTICLE VII
Easements

Section 1.  In General.  Other than primary service in the Addition and within Platted easements, there shall be no above-ground service for utilities except those lines or poles that shall be approved, in writing by a majority vote of the Committee.  The owner of each lot shall be responsible for the protection of underground facilities located on his or her lot and shall prevent any alteration of grade or construction activity which may interfere with said utility lines.

Section 2.  Utility Easements.  Underground service cables to all residences which may be located in the Addition shall run from the nearest service pedestal to the point of use and upon the installation of such service cable to a particular residence as per final plat.  This easement shall also be available to all of the suppliers of public utilities and quasi-public utilities.

Section 3.  Gas Lines.  For gas meters and gas lines to the structures in the Addition, all yard lines will be plastic pipe of the size and material approved by the public utility servicing the Addition and an approved tracer wire will be installed in the trench with the plastic pipe and attached to the meter eyes in accordance with the public utility specifications.  No yard line will be installed under concrete or asphalt except in a casing approved by the public utility.  All gas meters shall be installed within 5 feet of the corner of the residence it services and may not be located in any portion of the front of the residence.

Section 4.  Tree Easements.  The Tree Preservation  Area, Lots 140, 141, and 144 as indicated on the Final Plat, constitutes a covenant running with the title of the subject property and is denoted for the property owners and their future successors, assignees or transferees to preserve, protect and maintain existing tree canopy and allow for passive recreation by the public.  No tree removal or land disturbance as defined within the City of Fayetteville Unified Development Code may occur within the Tree Preservation and Recreational Area unless approved by the City of Fayetteville.  Persons seeking removal of such Tree Preservation and Recreational Areas, or requesting to modify the property in such a way as the effect the canopy within, must seek approval from the City Council through a request made by the Landscape Administrator of the City of Fayetteville.

Section 5. Excavating. All excavating or digging on any lot shall require 48 hours advance notice to the One Call Center as required by state law.  Dial toll free 1-800-482-8998.

 

ARTICLE VIII
Architectural Control Committee

Approval of Plans, Control of Development Activities

Section 1.  Submission of Plans.  In order to maintain a beautiful and pleasing setting in the Addition, two (2) sets of all building and site improvement plans and specifications must be submitted to the Committee for its approval prior to the commencement of construction.  The Committee shall act to enforce the requirements of these Covenants in a reasonable manner.  The Committee has the authority to maintain the architectural conformity of the Addition and, in consideration thereof, shall determine that the proposed construction shall not detract from the development and shall enhance the purpose of the development to provide a beautiful and pleasing setting in the Addition.  The Committee shall consider such matters as the proposed square footage, location, materials, exterior style and landscaping.  The Committee will adopt rules or by-laws explaining the mechanics of its operation and providing for a twenty-one (21) day maximum time within which plans must be reviewed and approved or disapproved after submission and, if not approved or disapproved in that period, that the same shall be considered as automatically approved.

The exterior of all dwellings shall be of a maintenance free material.  All fascia boards will be two (2) inch by six (6) inch construction and covered with a maintenance free material.  Roof pitch for all dwellings shall be 6/12 to 10/12.  All roof overhangs to be a minimum of six (6) inches.  All foundations shall be constructed using a monolithic poured concrete slab method.  There shall be no Masonite, T-111 or other similar products used as siding.  All improvements constructed in accordance to applicable city codes, rules and regulations.  All windows shall have built in trim attached to the frame.

Section 2.  Diversion of Drainage.  All plans or schemes for the diversion of drainage must be approved by the Committee; provided, however, no reconfiguration of the Detention Pond area shall be allowed.

Section 3.  Garage and Detached Structures.  All residences constructed in the Addition shall have a private garage to accommodate a minimum of two (2) automobiles.  Each garage shall be fully enclosed and contain a full length overhead style door.  Any detached structure to be built on a lot, such as a covered entertainment area, guest house, pool house, storage building or other structure, shall conform to the basic styling and materials of the dwelling and the plans for any such structures must be submitted to the Committee for approval prior to construction.  As set forth in Article VI, Section 4, there shall be no parking on any lot served by an alley as reflected on the plat.

Section 4.  Temporary Structures.  No trailer, mobile home, tent, construction shack, or other out building shall be erected on any lot in the Addition except for temporary use by construction contractors for a reasonable period of time and only in such location and for such time as may be designated by the Committee.

Section 5.  Recreational Vehicles.  No boats, trailers, recreational vehicles and vehicles used for recreational purposes are allowed in the Addition unless they will fit entirely into a private garage.  Recreational vehicles, boats on trailers or recreational vehicles on trailers may park in front of residences for the purpose of loading and unloading up to 4 hours in daylight hours only.

Section 6.  Fences/Requirement Regarding Public Park.  Plans for all fencing, whether on lot lines or surrounding patios, pools, buildings or other areas of the lot must be submitted to , and approved by, the Committee prior to the construction thereof.  In the approval of the fencing, the Committee shall give consideration to the location, height, material conformity with neighboring areas, and the obstruction of views.    Notwithstanding the foregoing, fencing at the rear of lots adjacent to the public park must provide visibility into the park from their homes. For the lots adjacent to the park, a maximum height of four (4) foot fencing of wood, brick, vinyl or ornamental iron shall be allowed or an ornamental iron fence with a maximum height of six (6) feet shall be allowed.  No fence shall be constructed on any said lot in the area between the front building line of any dwelling and the front lot line of any said Lot.  No fence on a corner lot shall be constructed beyond the side setback line toward the street except for the community entry.  Any privacy fence shall be constructed so that the framing shall be toward the inside of the Owner’s Lot.  Chain link fences, wire, hog wire, or similar materials are prohibited.  All parts of fences which face the street shall be constructed of wood shadow boxes; typical wood privacy fence materials with cut corners or arched tops, ornamental metal, masonry, vinyl or combination thereof; provided, however, any fences along the side yard of a Lot or the back of a Lot may be constructed of wood.  The maximum height of any fence within the subdivision shall six (6) feet.

ARTICLE IX
No Offensive Trade or Activity

No obnoxious or offensive trade or activity including the discharge of firearms or fireworks shall be permitted on any lot, nor shall any activity be undertaken on any lot that shall become an annoyance or nuisance to the neighborhood.  Home occupations in which customers or suppliers travel to or from a residence in the Addition is prohibited. The development of minerals of any kind or nature is prohibited within the Addition.

 

ARTICLE X
Animals

Section 1.  No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot in the Addition for commercial purposes.  No animals, livestock, or poultry may be raised, bred, or kept on any lot for any other purpose with the approval of the Board, which approval, when granted, must be renewed in writing by the Board, within three (3) years from the date of first approval.  If the Board fails to approve the renewal, then the owner must remove the animals, livestock, or poultry with thirty (30) days of the expiration of the approval.

 

Section 2.  Notwithstanding the provisions set forth in Section 1 above, dogs, cats, or other common household pets may be kept or raised on a lot, provided they are not kept, bred, or maintained for commercial purposes, and they are not obnoxious or offensive.  Any pen, cage, kennel, shelter, run , track or other building, structure, or device directly or indirectly related to animals (including dogs, cats, household pets, or otherwise) which can be seen, heard, or smelled by any other lot owner must be approved by the Board.  Violations of this provision may be brought before the Board, and, after considering the same, the Board may order the violation to cease or be remedied in some fashion.  The failure to heed the Association’s directive shall result in a lien being filed against the property and the Board being able to take such other legal and/or equitable action as it deems necessary and proper.  Dogs, cats and other household pets are to be kept within local municipality leash regulations.  Each home owner is responsible for his/her pet clean-up outside the boundary of the owner’s specific lot.

ARTICLE XI
Motorized Recreation Vehicles

Motorized recreational vehicles including, but not limited to, motorbikes, motorcycles, scooters, mopeds, trail bikes and any other similar mechanical device emitting noise, smoke or other environmental pollutants shall not be operated within the Addition except for the sole and exclusive purpose of ingress and egress to and from lots. The roadways and alley ways within the Addition shall not be used by such vehicles for recreational purposes.  The purpose of this restriction is to reduce noise and other pollution so as to permit maximum enjoyment of the surroundings in the Addition.  This restriction shall not apply to equipment normally used for lawn or garden maintenance so long as said equipment is operated in the ordinary and usual manner intended.

 

ARTICLE XII
Signs

Unless approved in writing by the Committee, signs shall be prohibited on all lots except that one (1) sign, not exceeding six (6) square feet in size, advertising a particular lot for sale shall be permitted.  No yard signs shall be permitted except for signs advertising leasing or rental of the home is permitted provided it does not exceed six (6) square feet and can be viewed from an interior window.  As amended 4/22/14 by Board of Directors to read as follows; “No yard signs shall be permitted except for signs advertising leasing or rental of the home is permitted provided it does not exceed six (6) square feet and can be viewed from an interior window”.  All signs must comply with applicable city ordinances. As further amended 4/22/14 by Board of Directors to read as follows: “Only  lawn  signs  that  carry  the  wording  “For  Sale”  are  permitted  on  the  lawn. Leasing  signs  and  realty  signs  that  state  only  “Offered  By”  must  be  placed  in  the interior  window  of  the  property.”
ARTICLE XIII
Additional Design and Construction Criteria

Section 1.  Storage of Construction Materials.  Construction materials may only be stored on a lot for thirty (30) days prior to the commencement of construction.  Thereafter, construction is to be completed within a reasonable period of time. The Developer shall be allowed to store materials on a lot in an orderly fashion for up to 90 days prior to construction.

Section 2.  Garbage; Dumping.  Dumping is prohibited in the Addition.  All trash, garbage or other waste shall be kept in sanitary containers that shall be located at the rear of each residential unit.  All lots (and adjoining alley ways) shall be maintained in a neat and orderly condition at all times.

Section 3.  Accessory Buildings.  Accessory buildings may only be constructed if the plans are submitted to and approved by the Committee.

Section 4.  Antenna, Aerial and Other Devices.  All antenna or other types of aerial transmitting or receiving devices (including without limitation, radio or television transmitting or receiving antenna) shall be pre-approved by the Committee.  The approval of antenna may be denied if, in the sole discretion of the Committee, the antenna or other receiving device would impede the view or otherwise detract from the overall image of the Addition.

Section 5.  Appearance of Lot and Common Grounds.  All owners shall be required to keep their lot in a clean and sanitary condition.  All open areas on lot shall be kept mowed to a height of not more than six (6) inches.  No playground, swing sets, trampolines, swimming pools, picnic tables, or other similar equipment is allowed in the front yards of any lot.  The Board shall promulgate rules and regulations regarding the maintenance of lots and adequate enforcement mechanisms in the event a lot is not properly maintained.  Vacant lots owned by the developer will be kept at a height not to exceed 36 inches. As amended and interpreted 10/19/15 by Board of Directors:   The purpose of this resolution is to clarify ARTICLE XIII Section 5. Appearance of Lot and Common Grounds.–“it is the interpretation of the POA that owners are required  to keep their lot in a clean and sanitary condition. This requires owners to comply with the standards set for in the Walnut Crossing POA Lawn Program Guide, which may be updated as needed. Furthermore, a Clean Condition shall include, but not be limit too, the requirement that lots be free of debris, trash, and outdoor storage or placement of materials for which is not commonly considered appropriate lawn and garden items.”  


All common grounds are the responsibility of the Association to mow, trim and maintain.  The common grounds include maintenance of detention pond area.  The City of Farmington, Arkansas shall not be responsible for cleaning and maintenance.  Long-term maintenance of the storm water detention facility shall involve removal of sediment from the basin and outlet control structure.  Short-term maintenance or annual maintenance is also the responsibility of the Association and shall include but not be limited to:

  1. Minor dirt and mud removal
  2. Outlet cleaning
  3. Mowing
  4. Herbicide spraying (in strict conformance with state and federal law)
  5. Litter control

Section 6.  Mailboxes.  All mailboxes shall be approved by the United States Postal Service.  The type of construction shall be kiosk design for the Commons area service.  The type of construction for the Residences and the Villas shall be established by the developer.

Section 7. Garage Sales.  All garage sales shall be limited to two (2) per year with one held in the spring and one held in the fall.  This will include the entire Walnut Crossing Development with dates approved by the POA.  Spring garage sales shall be held on the third (3rd) weekend of May.  Fall garage sales shall be held on the fourth weekend in October.  The number of days shall be limited to two (2) days, which will be Friday and Saturday of the third weekend of the months listed above.  No individual sales shall be permitted at any other times.  These sales must be held in accordance with applicable city codes, rules and regulations.

Section 8. HVAC Apparatus.  No air conditioning/heating apparatus shall be installed on the ground or in a window of a residence.  No air conditioning/heating apparatus shall be installed within a wall of a residence.

Section 9, Surface Drainage.  Each Lot shall receive and drain, in an unobstructed manner, the storm and surface waters from Lots and drainage areas of higher elevation and from public streets and easements. No lot owner shall construct or permit to be constructed any fencing or other obstructions which would impair the drainage of storm and surface waters over and across his lot. The foregoing covenants set forth in this paragraph shall be enforceable by any affected lot owner and by The City of Fayetteville.

ARTICLE XIV
Enforcement, Validity, Amendments and Miscellaneous Provisions

Section 1. Enforcement.  Enforcement of these Covenants may be by any proceeding at law or in equity against any person or persons violating or attempting to violate them, whether the relief sought is an injunction or recovery of damages, or both, or enforcement of any lien created by the Covenants; but failure by the Association or any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.  With respect to any litigation hereunder, the prevailing party shall be entitled to recover reasonable attorney’s fees from the non-prevailing party.

Section 2.  Validity.  Violation of or failure to comply with these Covenants and restrictions shall not affect the validity of any mortgage, bona fide lien or other similar security instrument which may be then existing on any lot.  Invalidation of any one or more of these covenants and restrictions, or any portions thereof, by a judgment, decree, or court order shall not affect any of the other provisions or covenants herein contained which shall remain in full force and effect.  In the event any portion of these Covenants conflict with any ordinance or regulation promulgated by a governmental authority, then the governmental provisions shall control.

Section 3. Amendments.  Any and all of the provisions contained in these Covenants may be changed or amended at any time by a written instrument signed and acknowledged by the Owner/Developer during such period that the Owner/Developer is the record owner of at least one (1) Lot or alternatively, the covenants and restrictions may be amended or terminated at any time by written instrument signed and acknowledged by the owners of sixty percent (60%) of the Lots.  In the event of any conflict between an amendment or termination properly executed by the Owner/Developer (during its ownership of at least 1 Lot) and any amendment or termination properly executed by the owners of sixty percent (60%) of the Lots, the instrument executed by the Owner/Developer shall prevail during the time of the Owner/Developer’s ownership of at least one (1) Lot.  The provisions of any instrument amending or terminating covenants and restrictions shall be effective from and after the date it is properly recorded.

Section 4.  Headings.  The headings contained in these Covenants are for reference purposes only and shall not in any way affect the meaning or interpretation of the provisions set out herein.  Words of any gender used herein shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa, unless the context requires otherwise.

Section 5.  Notices to Member/Owner.  Any notice required to be given to any member or owner shall be deemed to have been properly delivered when deposited in the United States Mail, postage prepaid, addressed to the last known address of the person who appears as the member or owner on the records of the Association at the time of such mailing. As amended 12/16/15 by Board of Directors – Further establish email as the preferred communication method of the POA with its members. This resolution further requires a valid email address for all homeowners who purchase property or otherwise become owners of property at Walnut Crossing retroactive to January 1, 2015. Exceptions to this resolution maybe granted by the Board for homeowners who have extenuating circumstances for a period not to exceed 1 year. Homeowners with a property purchase date prior to this date, and who currently do not have an email address on file with the POA, have one year from January 1, 2016 to establish an email account, or provide an alternate email address for a relative or friend who is authorized to receive email from the Association.  Failure to comply with this resolution can result in a $35 fine every calendar month until homeowner is in compliance.

Section 6.  Disputes.  Matters of dispute or disagreement between owners with respect to interpretation or application of the provisions of these Covenants, the rules of the Committee, the Association’s By-Laws, or the rules and regulations of the Board shall be determined by the Board of Directors of the Association.  These determinations (absent arbitrary and capricious conduct or gross negligence) shall be final and binding upon all owners.