Original Text

Annotation

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CRYSTAL SPRINGS VILLAGE PH | A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS

KNOW ALL MEN BY THESE PRESENTS:

That NWA LD,LLC (“Declarant/Developer”), an Arkansas limited liability company, being the owner and developer of the following-described property located in the City of Fayetteville, Washington County, Arkansas, to-wit:

SEE EXHIBIT “A” ATTACHED HERETO (the “Property”)

said Property having been duly platted as Lots # 1-2, 16-44, 66-76, 126-161, Crystal Springs Village Ph |, an addition to the City of Fayetteville, Washington County, Arkansas, a copy of said Plat being attached hereto as Exhibit “B”, and hereinafter referred to as “Crystal Springs Village Ph I" (“the Subdivision®), this Declaration of Covenants, Conditions and Restrictions (“Declaration” or “Covenants”) being for the benefit of Declarant and each successive owner of any Lot within the Property, and to provide for the efficient preservation and maintenance of the Property and Common Property contained therein, the Declarant desires to impose upon the Property the covenants, conditions, restrictions, easements, and charges contained in this Declaration and, further, hereby creates the Crystal Springs Property Owners Association (“Association”) to which will be delegated and assigned the power and obligation of maintaining the Property and Common Property and other Association business in accordance with the terms of this Declaration.

And the said Declarant, as owner and developer of said Property and Subdivision, does hereby state that these Covenants shall establish covenants running with the land for the period of time hereinafter set forth, as provided by law, and shall be binding upon all purchasers and owners of Lots within the Subdivision, and upon such owners’ heirs, personal representatives, successors and assigns, and upon all persons claiming under them.

This section simply defines the POA  as "Crystal Springs Property Owners Association", and defines the physical borders of the neighborhood,

1.              Definitions

The following words, when used in these Covenants or any amendments or supplements hereto shall have the respective concepts and meanings set forth below:

“Addition” or “Subdivision” shall mean and refer to the Property described above.

“Association” shall mean and refer to “Crystal Springs Property Owners Association” established contemporaneously with the filing of this Declaration.

“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 ByLaws of the Association.

“Builder” shall mean a residential builder licensed under Arkansas law.

“Common Property/Properties” shall mean and refer to the areas of mutual enjoyment and benefit within the Subdivision as identified on the Plat and to any and all other areas which service the Subdivision and Property or which is intended for or devoted to the common use, service and enjoyment of the Members of the Association, including but not limited to all sidewalks, easements, perimeter fencing, entry-ways and drainage retention/detention ponds. The Association shall hold such title to the Common Property as shall be consistent with the objectives envisioned herein and subject to the easement rights herein of the Members to use and enjoy the Common Properties or receive the benefits therefrom. The Declarant reserves the right to affect minor redesigns or reconfigurations of the Common Property and execute any open space declarations applicable to the Common Property.

“Declarant” and “Developer” shall mean and refer to NWA LD, LLC an Arkansas limited liability company, and its successors and assigns.

“Lot” or “Lots” shall mean and refer to any plot or tract of land which is properly identified or designated as a lot on the Plat, but also may include lots within additional property upon and after the date which they are properly annexed or added to the Subdivision (as the context may require).

“Member” or “Members” shall mean and refer to each owner of a Lot.

“Owner(s)" shall mean the owner of a Lot and refer to each and every person or business entity who or which is a record owner or subsequently becomes a record owner of a fee or undivided fee interest in any Lot subject to these Covenants.

“Plat” shall refer to the plat of Crystal Springs Village Ph I, filed of record in Washington County, on ____________. Book ______, Page __________, and as attached as Exhibit “B".

Definitions:

•  "Addition" or "Subdivision": Describes the property being talked about.

• "Association": The group of people in charge of managing the property.

• "Board" or "Board of Directors": Members who lead the Association.

•  "Builder": A company that builds homes.

• "Common Property/Properties": Areas within the property that everyone can use, like sidewalks and drainage retention/detention ponds.

• "Declarant" and "Developer": The company or person responsible for creating this declaration. For this document, this appears to be NWA LD, LLC, Rausch Coleman Homes, and their contractors.

• "Lot" or "Lots": A piece of land identified on a map.

• "Member" or "Members": The owners of lots in the property.

•  "Owner(s)": The people who own the lot and follow these rules.

• "Plat": A map of the property being discussed.

2.              Membership and Voting Rights in the Association; Additions.

(a)    Membership. Every Owner of a Lot shall automatically be a member of the Association. In the event the Owner of a Lot is a corporation or partnership, a partner or corporate officer shall be designated to cast the vote on behalf of the partnership or corporation.

(b)    Voting Rights. The Association shall have one (1) class of membership for purposes of voting. Owners shall be entitled to one (1) vote for each Lot owned by the Owner. Notwithstanding, the Declarant shall have four (4) votes per Lot on all matters until Declarant has conveyed 99% of the Lots to other Owners (at which time the Declarant shall have one (1) vote per Lot still owned).

(c)     Election of Board of Directors. In addition to all other rights and privileges granted to the Declarant under this Declaration, and notwithstanding any provisions of the Bylaws to the contrary, the Declarant shall be entitled to appoint all of the initial Members of the Board of Directors of the Association. This right shall continue until the sooner of when (1) the Declarant formally turns over control to the Association, which may be accomplished by the Declarant appointing replacement Directors consisting of Lot Owners other than Declarant or (2) the Declarant (or an affiliated successor thereof) no longer has any ownership interest in any Lots.

(d)    Quorum, Notice and Voting Requirements. The quorum, notice and voting requirements of and pertaining to the Association are set forth within the Bylaws of the Association as the same may be amended from time to time. Subject to the provisions of Section (b) above and any other provision to the contrary set out in these Covenants or the Bylaws, any action by or on behalf of the Association, except for actions allowed to be taken by the Board of Directors alone, may be taken with the assent given in writing and signed by Members who collectively hold or control a majority of the outstanding votes of the Association.

(e)    Additions to the Property/Subdivision. Additional tracts of land together with the improvements situated thereon may become subject to this Declaration and Covenants and added to the Subdivision if properly approved by procedures set forth in these Covenants or the Bylaws of the Association, or by the annexation of additional property which can be accomplished by Declarant (or an affiliated corporate owner) at any time without the joinder of any other party by recording a Supplemental Declaration hereto or by noting such annexation on a separate instrument/declaration for the additional lands to be annexed hereto. Upon doing s0, any additional property subjected to this Declaration and added to the Subdivision shall be included in and deemed a part of the Association, subject to all rights, privileges, and obligations associated therewith pursuant to the terms hereof and the Bylaws

Membership and Voting Rights in the Association:

• Every owner of a lot is automatically a member of the Association.

• In case an owner is a corporation or partnership, a partner or corporate officer will vote on their behalf.

• The NWA LD, LLC/Rausch Coleman Homes has four votes per lot until they have sold 99% of the lots to other owners; then they will only get one vote per lot they own.

• The NWA LD, LLC/Rausch Coleman Homes can appoint all the initial members of the Board of Directors of the Association, but this right ends when they no longer have any ownership interest in any lots or formally turns over control to the Association.

• For decisions involving the Association, a majority (over 50%) of the votes of the Association must agree on the action, unless there are other specific rules in place.

• Additional land and improvements can be added to the property if approved by certain procedures, and then that land will become part of the Association with all its rights, privileges, and obligations.

3.              Assessments.

(a)    Liens. Each Owner, except Declarant (affiliates), of any Lot, by the acceptance of a deed therefore, whether or not it shall be so expressed in such deed, covenants and agrees to pay the Association:

(i)  A one-time Initial Assessment upon receiving a deed for a Lot to supplement Regular Assessments for maintenance, taxes and insurance on Common Properties and other Association expenses.

(ii) Regular assessments or charges for maintenance, taxes and insurance on Common Properties as herein set forth and as established by the Association;

(iii)   Special assessments for capital or other improvements or acquisitions, which assessments are to be established and collected as hereinafter provided;

(iv)   Special individual assessments which might be 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 family, guests, or invitees and not caused by ordinary wear and tear;

(v) Individual assessments and fines levied against individual Lot Owners for violation of rules and regulations pertaining to the Association and/or Common Properties.The annual and special assessments, together with interest, costs and reasonable attorney’s fees required to collect the same, if any, shall be a continuing lien against the Lot owned by the party failing to make the payment as due. Assessments shall be made pursuant to the Bylaws of the Association.

(b)    Purpose. The assessments levied by the Board on behalf of the Association shall be used to enhance the natural environment, appearance and beauty of the Subdivision, promote the health, recreation, safety, and general welfare of the residents, and maintenance, repair and improvement the Common Properties.

(c)     Deposit of Assessments. All sums from assessments or related payments shall be collected and held by the Association and shall be used for the purposes set forth in these Covenants and the Bylaws of the Association.

(d)    Initial Assessment. Upon the conveyance and/or closing of any Lot (and for all closings or conveyances of the same Lot thereafter), the new Owner shall pay a one-time Initial Assessment in the amount of $0.00 (no proration). This Initial Assessment shall be collected at closing by the closing company/agent or shall be paid by the new Owner upon conveyance and/or closing, without additional notice required from the Association. The Board may waive or suspend this requirement but such a decision shall not affect the applicability and validity of future Initial Assessments.

(e)    Regular Assessments. The initial annual assessment per Lot shall be $200.00. Thereafter, the assessment rate shall be set by a vote of the Board of Directors of the Association. The Board shall give notice to all Members at least thirty (30) days in advance of the date all regular or special assessments are due. All regular assessments shall be collected in advance and shall be due on or before January 1 for the year it is due or whatever other date as amended by the Board. The Board of Directors may not increase the annual assessments by more than twenty-five percent (25%) over the previous year's assessment without the approval of a majority of the Lot Owners to raise their assessments.

(f)      Special Assessments. In addition to the regular assessments authorized above, the Board may levy in any assessment year a special assessment applicable to that year only for the purpose of defraying in whole or in part the cost of any construction, reconstruction, repair or replacement of any capital improvements or easements within the Subdivision. The decision to make the special assessment and the amount of the special assessment shall be made in accordance with the Bylaws of the Association.

(g)    Effect of Nonpayment. If any assessment or fine or any part thereof is not paid on the dates 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 becoming 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 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 or House.

(h)    Collection. No set-off shall be allowed to any Lot Owner for repairs or improvements, or for services contracted for by any Lot Owner without the express written authorization of the Board. The Board shall be entitled to collect from the Lot Owner all legal costs, including a reasonable attorney’s fee incurred by the Association in connection with or incidental to the collection of such assessment, or in connection with the enforcement of the lien resulting therefrom. The lien of the assessments shall be subordinate to the lien of any bona fide first mortgage upon a Lot.

Assessments.

3. Assessments.

• Liens. All Owners, except NWA LD, LLC agree to pay dues when accepting a property deed, regardless of whether it's mentioned. 

What they're agreeing to:

• • A one-time Initial Assessment to help maintain, insure, and pay taxes on common areas. It can also be used to cover "other Association expenses". 

  • A recurring Assessment to help maintain, insure, and pay taxes on common areas.

  • Special assessments for improvements or acquisitions.

  • Special individual assessments may be levied against individual Lot Owners to reimburse the POA to fix things broken or neglected by them or guests.

  • POA may recover outstanding assessments, fines, interest owed, costs, and reasonable attorney’s fees, by taking a lein against the property. 

• Purpose. Assessments are used to enhance the natural environment, appearance and beauty of the Subdivision, promote the health, recreation, safety, and general welfare of the residents, and maintenance, repair and improvement the Common Properties.

• Deposit of Assessments. All assessments shall be used for the purposes set in Covenants and the Bylaws of the Association.

• Initial Assessment. Initial assessment is set at $0.00, to be collected at closing by the agent. The Board may waive or suspend this requirement.

• Regular Assessments. The initial annual assessment per Lot shall be $200.00. The Board will set future assessments ($375.00, per the addendum signed 11/17/2022). The Board has to give a 30 day notice in advance of any regular or special assessment due date. Regular assessments are due January 1st off every year and is in advance for the following year. This can be amended by the board, but an increase cannot exceed 25% over the previous year's assessment without the majority approval of members.

• Special Assessments. The board may levy an additional assessment during the year for improvements and repairs. The decision to make the special assessment and the amount of the special assessment shall be made in accordance with the Bylaws of the Association.

• Effect of Nonpayment. If any assessment or fine is unpaid may incur late fees, interest, collection costs. These costs can be recovered from an owner by taking a lien against their property. The board may also reject partial payments.

• Collection. No set-off shall be allowed to any Lot Owner for repairs or improvements, or for services contracted for by any Lot Owner without the express written authorization of the Board. The Board shall be entitled to collect from the Lot Owner all legal costs, including a reasonable attorney’s fee incurred by the Association in connection with or incidental to the collection of such assessment, or in connection with the enforcement of the lien resulting therefrom. The lien of the assessments shall be subordinate to the lien of any bona fide first mortgage upon a Lot.

4.              Duties and Powers of Association.

The affairs of the Association shall be conducted by its Board. In addition to the duties and powers of the Association as set forth in the Bylaws, or as hereinabove set forth, and in order to carry out the obligations of the Association, the Board shall have the following rights and powers and may provide for and pay for, out of assessments, the means to exercise the following rights and powers:

(a) Maintain and otherwise manage all the Common Properties and all improvements and landscaping on the Common Properties and at the entrances to the Subdivision, including provision for taxes, insurance and utilities which pertain to Common Properties.

(b) Hire legal and accounting services to serve the Association.

(c) Obtain and maintain such policy or policies of insurance as the Association may deem necessary or desirable in protecting the interest of the Association and its Members.

(d) Authority to employ a manager or other person under contract with independent contractors or managing agents to perform all or any part of the duties and responsibilities of the Association including a yard maintenance service. The manager under contract may be affiliated with the Developer.

(e) Provide materials or other supplies or services which the Board may be required to obtain or pay for pursuant to these Covenants for the benefit of the Association.

(f)  To enter into contracts, maintain one (1) or more bank accounts and generally to have all powers necessary or incidental to the operation and management of the Association.

(g) To execute all declarations of ownership for tax assessment purposes as necessary.

(h) To make reasonable rules and regulations for the operation of the Common Properties and to amend these Covenants from time to time.

(i)  To request and accept funds from the Developer/Declarant, or an affiliated Builder, to support and subsidize Association matters and expenses, when necessary, and to reimburse Developer/Declarant, or the affiliated Builder, for such funds upon receipt of written invoice/request.

Duties and Powers of Association.

The Association's Board is responsible for managing and conducting the affairs of the community by overseeing various duties and powers. These include:

• Maintaining and managing Common Properties, covering taxes, insurance, and utilities related to them.

• Hiring legal and accounting services to serve the Association.

• Obtaining necessary insurance policies to protect the Association's interest and its members.

• Employing a manager or other person under contract to perform the duties and responsibilities of the Association, which may include affiliated with the developer.

• Providing materials, supplies, or services required for the benefit of the Association.

• Having all necessary powers to operate and manage the Association efficiently.

• Executing declarations of ownership for tax assessment purposes as necessary.

• Creating rules and regulations for the operation of Common Properties and amending these Covenants whenever needed.

• Requesting and accepting funds from developers or affiliated builders to support and subsidize Association matters and expenses, if required, and reimbursing them upon receipt of a written invoice or request.

5.              Limitation on Liability.

The Association shall be entitled to all protections afforded under the Revised Uniform Unincorporated Nonprofit Association Act, Ark. Code Ann. § 4-28-601, et al. Neither any Member nor Owner, nor 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. Neither the Declarant, the Association, its Directors, Officers, Agents or Employees shall 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.

Limitation on Liability.

• • The POA, its employees, and the board are separate entities from the individual owners. Individual members and employees of the POA cannot be personally held responsible for actions taken by the POA.

6.              Property Rights in the Common Properties.

(a)    Members’ Rights. Every Member and their family members has the nonexclusive right to benefit from, use and enjoy the Common Properties subject to all applicable codes and ordinances, including without limitation the right to benefit from any services, whether utility or otherwise, that the Common Property offers. Such right is an appurtenance to the Property and passes with the title to every Lot; provided, however, it does not give such person (excluding the Declarant) the right to make alterations, additions or improvements to the Common Property.

(b)    Title to the Common Properties. The Declarant may convey title to the Common Properties to the Association, or in the case where easements constitute part of the Common Properties, Declarant may assign and transfer such easements to the Association, subject to the lien of taxes and assessments for the current year not yet due and payable, utility easements, pipelines, set-back lines, mineral interests and other restrictions of record. Upon such conveyance, the rights, obligations and liabilities with respect to any such Common Properties shall belong solely to the Association.

(c)     Extent of Members' Rights in Common Property. The rights and easements created hereby shall be subject to the following:

(i)  All applicable local, state and federal codes, ordinances and restrictions, with specific regard to construction limitations and maintenance requirements as set forth herein or otherwise.

(ii) The right of the Board to prescribe or to enact regulations governing the use, operation, and maintenance of the Common Property.

(iii)   The right of the Association in accordance with its Bylaws to borrow money for the purpose of improving, maintaining and servicing Common Property and facilities.

(iv)   The right of the Association as may be provided by its Bylaws to suspend the voting rights of any Member and to suspend the right of any individual to use any of the Common Property for any period during which any assessment against a Lot owned by such Member remains unpaid, including the right to seek reimbursement or damages from the delinquent Member therefor.

(v) The right of the Association to dedicate or transfer all or any part of the Common Property to any public agency, authority or utility for such purposes and upon such conditions as the Board of the Association may determine in its sole discretion.

Property Rights in the Common Properties.

This section discusses the rights related to common properties within the community. It covers:

• All members and their family members have the right to use, enjoy, and benefit from common properties subject to local, state, and federal codes and ordinances, as well as the Association's bylaws. They do not have the right to make changes or improvements to these common properties.

• NWA LD, LLC/Rausch Coleman Homes may transfer titles to common properties to the Association or assign easements for them. These titles are subject to liens for taxes, assessments, utility easements, pipelines, setback lines, and mineral interests. Once transferred, the rights, obligations, and liabilities related to these common properties belong solely to the Association.

• The extent of members' rights in common properties is subject to various conditions:

  • • Compliance with local, state, and federal codes, ordinances, and restrictions

    • The right of the Board to create rules or regulations for using and maintaining common properties

    • The Association's ability to borrow money for improving, maintaining, and servicing common properties and facilities

    • The Association's authority to suspend voting rights and usage rights of a member if their lot assessment remains unpaid

    • The Association's right to transfer or dedicate parts of the common property to public agencies, authorities, or utilities as they deem fit in their sole discretion.

7.              Maintenance of Common Property.

(a)    Association’s Responsibility.

(i)  The Association shall maintain and keep in good repair, service, condition and function the Common Properties, including the sidewalks and entrances. The Association shall also maintain any perimeter and/or screen fencing that may surround the borders of the Subdivision or divide parts of the Subdivision from properties (commercial or otherwise) outside of the Subdivision. The maintenance of the Common Properties shall include, without limitation, maintenance, repair, replacement, planting, sodding, and all other necessary maintenance and repairs of whatsoever nature as may be required by city, state or federal code or ordinance with respect to the Common Property and the facilities related thereto.

(ii) The cost to the Association of maintaining the Common Property shall be assessed equally among the Members as part of the assessments pursuant to the provisions of these Covenants, except as otherwise stated herein.

Maintenance of Common Property.

Responsibilities and tasks assigned to the Association in relation to common properties within the community:

• The Association must maintain and keep these areas in good condition, ensuring that they are safe, well-maintained, and follow local, state, and federal codes and ordinances. This includes any necessary maintenance, repair, or replacement of sidewalks, entrances, fences, and other related facilities.

• The costs for maintaining the common properties are shared equally among members as part of their assessments according to the provisions mentioned in these covenants, unless stated otherwise.

8.              Easements.

Other than for primary service of the Subdivision 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 Board. Each Owner shall be responsible for the protection of underground utilities located on his or her Lot and shall prevent and be precluded from any alteration of grade or construction activity which may interfere with said utilities.

Easements.

• Any above ground utilities must be submitted in writing and approved by a majority vote of the board before they can be installed.

• All property owners are responsible for underground lines and pipes and must protect them if digging.

9.              Use and Division of Lots.

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

(a)    Residential Lots. All Lots within the Subdivision shall be used, known and described as Residential Lots. Only one single family residential dwelling shall be permitted on each Lot. In addition, only 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 adopted to business purposes shall be erected, placed, permitted or maintained on any Lot. This Covenant shall be construed as prohibiting the engaging in or practice of any commerce, industry, business, trade or profession within the Subdivision 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 Subdivision.

(b)    Residential Purposes. By acquisition of any Lot within the Subdivision, each Owner (excluding bona fide home builders) covenants with and represents to the Declarant and to the Association that the Lot is being specifically acquired for the specific and singular purpose 7,of constructing and using a single family residential dwelling thereon, or as a residence for such owner and/or owner’s immediate family members

(c)     Submission of Plans. In order to maintain a beautiful and pleasing setting in the Subdivision, two (2) sets of building and site improvement plans and specifications must be submitted to the Architectural Control Committee (“Committee”) for its approval prior to the commencement of construction (this requirement shall not be applicable to the Declarant or any affiliates thereof). 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 Subdivision, 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 Subdivision. The Committee shall consider such matters as the proposed square footage, location, materials, exterior style and landscaping, etc. The Committee may adopt rules or bylaws 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 Board may also exercise the duties of the Committee in the event the Board deems it necessary and efficient to do so.

(d)    Minimum Square Footage. The minimum heated and cooled square footage for any single family home construction on the Lot within the Subdivision shall be determined by the Committee.

(e)    Architectural Requirements.

(i)  Each dwelling shall front a dedicated public street.

(ii) No building shall be located closer to the street than the minimum building or set-back lines shown on the recorded Plat.

(iii)   All residences shall have roof shingles that are grey or black in color, preferably Weatherwood. Deviation from this color requires approval from the ARC

(f)      Additions to Existing Structures. All additions shall conform to the basic styling and materials of the dwelling on any Lot. All additions shall fall within the building set-backs on said Lot and shall not be placed over any drainage or utility easement. All improvements shall be constructed in accordance to applicable City codes, rules and regulations. Any additions contemplated by the homeowner or lot owner must submit plans prior to construction to the Committee for approval. The Committee has complete and sole discretion to approve, modify, deny or change any request for an addition to an existing structure.

(g)    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.

(h)    Garage and Detached Structures and Storage Buildings. All residences constructed in the Subdivision shall have a private garage to accommodate a minimum of one(1) automobile. No carports are allowed on the side, rear or front yards of any Lots. Each garage shall be fully enclosed and contain a full-length overhead style door. All garage doors are to be kept closed when not entering or exiting the garage. 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 residential dwelling. Any detached structure contemplated for construction by any home owner or lot owner must, prior to construction, submit acceptable plans to the Committee for approval. The Committee has complete and sole discretion to approve, modify, deny or change any request for an addition to any existing structure.

(i)      Temporary Structures. No trailer, mobile home, tent, construction shack, or other outbuilding shall be erected on any Lot in the Subdivision except for temporary use by construction contractors for a reasonable period of time.

(j)      Fences. 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 set-back line toward the street except for the community entry. Further, the placement/location of any perimeter fencing around the Subdivision as initially installed by the Declarant and/or original developer may not be adjusted, relocated or moved without the prior consent of the Committee and/or the Board. Any privacy fence shall be constructed so that the framing shall be toward the inside of the owner’s lot. All fences must be installed by a professional installer and shall be six foot (6") wood privacy fencing with vertical boards (not horizontal) and no chain-link fences, wire, hog wire, or other similar materials shall be permitted. Prior to installation, the fence design and name of the installer must be approved by the Committee.

(k)    Mailboxes. All mailboxes shall be approved by the United States Postal Service. The type of construction shall be consistent with the design established by the Developer. Community mailbox is an approved alternative subject to approval of the United States Postal Service.

(l)      Signs. No sign of any kind shall be displayed to the public view on any Lot except one professional sign advertising the Property for sale, resale or rent, or signs used by builder or agent to advertise the Property during the construction and sale of a dwelling thereon. In no event shall any such sign stand more than seven (7) feet above ground level, nor be more than five (5) square feet in size, nor be lighted at night. These signage restrictions and requirements shall not apply to Declarant.

(m)  Parked Vehicles. All vehicles parked in the front of the front building line must be parked on the driveway. No inoperative vehicles of any nature shall be permitted to remain on any Lot or Lots for a period in excess of one (1) day. It is the intention of the Declarant that, except on special occasions such as holidays or events at an Owner’s residence that all parking shall be in driveways and not on a street or on any yard. 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 may result in a towing of the vehicle at the owner's expense per municipal regulations. No vehicle maintenance shall be performed on the streets or in the front yards or on parking pads of any Lot.

(n)    Appearance of Lot. All Owners shall be required to keep their Lot in a clean and sanitary condition whether or not they have constructed a residence on the Lot. All open areas on Lots shall be kept mowed to a height of not more than six (6) inches. No playgrounds, swing sets, trampolines, swimming pools, picnic tables, or other similar equipment is allowed in the front yards of any Lot. The Board and Committee may promulgate rules and regulations regarding the maintenance of Lots and adequate enforcement mechanisms in the event a Lot is not properly maintained. Upon failure of the Owner to maintain or landscape the grounds of any Lot in accordance with the provisions above, the Association may, upon 15 day’s written notice to the Owner, cause the grass, weeds and vegetation to be cut. The cost of any maintenance required under this section and any enforcement costs shall be assessed to the Owner, and shall constitute a lien upon the Lot, and may be collected in accordance with Section 3.

(o)    Recreational Vehicles and Accessories. No boats, trailers, recreational vehicles, and vehicles used for recreational purposes are allowed in the subdivision unless they will fit entirely into a private garage.

(p)    Storage and 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 Declarant shall be allowed to store materials on a Lot in an orderly fashion as long as may be reasonably necessary.

(q)    Garbage/Dumping. Dumping is prohibited in the Subdivision. All trash, garbage or other waste shall be kept in sanitary containers that shall be located at the rear of each residential unit or enclosed garages and must be out of sight from the street. All Lots shall be maintained in a neat and orderly condition at all times.

(r)     Model Home and Construction Facilities. Model homes for the purposes of home sales are permitted by the Declarant. The garage of model homes may be used as sales offices. One trailer or temporary building may be located on a residential lot by the Declarant and used as a construction office until the Subdivision reaches one-hundred percent (100%) occupancy.

Use and Division of Lots.

Rules regarding the design, appearance, and use of lots and detached structures within the subdivision:

• Garages and Detached Structures: Every residence must have a private garage with an overhead door, and any additional buildings or structures must adhere to the styling and materials of theprimary dwelling. Plans for these structures require approval from the Committee.

• Temporary Structures: Trailers, mobile homes, tents, construction shacks, etc., are not allowed on lots in the subdivision except for temporary use by construction contractors.

• Fences: No fence can be constructed between the front building line and the front lot line on corner lots. The initial fencing installed by the developer cannot be adjusted or moved without consent from the Committee.

• Mailboxes: Only approved mailboxes consistent with the developer's design are allowed.

• Signs: Only one professional sign advertising the property for sale, resale, or rent is permitted on each lot. The sign must meet certain size and height restrictions and cannot be illuminated at night.

• Parked Vehicles: All vehicles parked in front of the building line must be on a driveway. No inoperative vehicles are allowed to remain on lots for more than one day, and no vehicle maintenance can take place on streets or yards.

• Lot Appearance: Owners must maintain their lots in a clean and sanitary condition, keeping grass and weeds below six inches in height. No playgrounds, swing sets, trampolines, swimming pools, picnic tables, or similar equipment are allowed in front yards. The Association can cut grass if necessary, with costs assessed to the owner.

• Recreational Vehicles and Accessories: Boats, trailers, recreational vehicles, and vehicles used for recreational purposes must fit entirely into a private garage or not be stored on lots after 30 days before construction begins. Construction materials can be stored temporarily (up to thirty days) prior to construction commencement.

• Garbage/Dumping: Dumping is prohibited, and all trash, garbage, or waste must be kept in sanitary containers out of sight from the street, ensuring a neat and orderly condition for all lots.

• Model Homes and Construction Facilities: Model homes can be used as sales offices, with one trailer or temporary building allowed for construction office purposes until 100% occupancy is reached.

10.              Nuisances.

No noxious or offensive activity shall be carried on in, upon, or around any residence or Lot or in or upon any Common Property or easement areas, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the remaining Owners or their tenants or licensees or any of them, which shall in any way interfere with the quiet enjoyment of such of the Owners, tenants, or licensees of his respective residence of Lot or which shall in any way increase the rate of insurance for the Property.

• Nuisance: Something that disturbs others or prevents them from using their properties peacefully.

• Owners cannot do things on their property that annoy neighbors and increase insurance rates.

11.              Regulations.

Reasonable regulations concerning the use of the Property, including Common Property and all other areas which the Association maintains, regardiess of fee ownership, may be made and amended from time to time by the Association.

The Association can make and change rules for using the shared land, individual lots, and other areas they take care of.

12.              Enforcement of Obligations: Miscellaneous.

(a) Each Owner shall be governed by and shall comply with the terms of these Covenants and the Bylaws of the Association. Upon failure of an Owner to so comply, the Declarant, the Association, any mortgagees having a first lien, or other Owners shall have the right to institute legal proceedings, and the prevailing party shall be entitled to recover its or his legal costs, including reasonable attorney’s fees. The failure of any of the foregoing named entities or persons to enforce any right, requirement, restriction, covenant, or other provision of the hereinabove named documents, shall not be deemed to be a waiver of the right to seek judicial redress against subsequent noncompliance therewith.

(b) Fines. The Association may levy reasonable charges, as an Individual Assessment, against an Owner and his Lot if the Owner or Resident, or the Owner or Resident's family, guests, employees, agents, or contractors violate a provision of the Documents. Fines may be levied for each act of violation or for each day a violation continues, and do not constitute a waiver or discharge of the Owners obligations under the Documents.

(c) 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 Declarant during such period that the Declarant (or an affiliated successor thereof) is the record owner of at least one (1) Lot, or alternatively these Covenants may be amended or terminated at any time by a 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 Declarant (during its ownership of at least one (1) Lot) and any amendment or termination properly executed by the Owners of sixty percent (60%) of the Lots, the instrument executed by the Declarant shall prevail during the time of the Declarant's ownership of at least one (1) Lot. The provisions of any instrument amending or terminating these Covenants shall be effective from and after the date it is properly recorded.

(d)    Notice. Any notice required to be given to any Member or Owner shall deemed to have been properly delivered when deposited in the United States mail, postage pre-paid, addressed to the last-known address of the person who appears as the Member or Owner on the records of the county at the time of such mailing.

(e)    Disputes. Matters of dispute or disagreement between Owners with respect to interpretation or application of the provisions of these Covenants shall be determined by the Declarant. These determinations (absent arbitrary and capricious conduct or gross negligence) shall be final and binding upon all Owners.

(f)  These Covenants shall run with the land and shall be binding on all parties and all persons claiming under the land and the Property for a period of twenty (20) years from the date this instrument is recorded, after which time said Covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then-Owners of the Lots has been recorded agreeing to change said Covenants in whole or in part.

(g) If any provision of this Declaration or any section, clause, phrase, work or application thereof in any circumstance is held to be invalid, the validity of the remainder of these Covenants and of the application of the remaining provisions shall not be affected thereby.

Enforcement of Obligations: Miscellaneous.

• Everyone must follow and obey the rules in this document, and if they don't, the Association can take legal action against them.

• If someone breaks a rule, the Association may charge them money as punishment. This is not the same as forgiving or forgetting that person's mistakes.

• These rules can be changed by signing a paper by a majority of the landowners or by the person who owns most of the land, as long as they still own at least one lot. If there's a disagreement about what these rules mean, the person who owns the most land gets to decide.

• The Association can send notices by mail, and this will be considered proper delivery.

• Disputes between people who own land will be decided by the person who owns the most land, as long as they don't act unfairly or carelessly. These decisions will be final.

• These rules will stay in place for twenty years and can be extended for ten more years if everyone agrees to change them. If any part of these rules is found to be invalid, the rest of the rules will still be in effect.

Type: REAL ESTATE

Kind:  PROTECTIVE COVENANT

Recorded: 11/17/2022 9:42:22  AM

Fee Amt: $15.00

Washington  County,  AR

Kyle  Sylvester  Circuit  Clerk

File#  2022-00037287

AMENDMENT TO

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

FOR CRYSTAL SPRINGS VILLAGE PH I, A SUBDIVISION TO THE CITY OF

FAYETTEVILLE, ARKANSAS

The Declaration of Covenants, Conditions and Restrictions for Crystal Springs Village Phase I, a Subdivision to the City of Fayetteville, Arkansas, filed July 21, 2022 as Instrument No. 2022-00024129 with the Washington County Clerk (the “Declaration”), is hereby amended as follows:

To account for increased costs to maintain the cluster home Common Area(s), the annual Regular Assessment per Lot, as set forth in Section 3(e) of the Declaration, is amended to be $375.00 beginning January 1, 2023.

Except as specifically modified herein, all other terms and provisions of the Declaration shall remain in full force and effect. This amendment and change is made and approved subject to the authority and provisions of the Bylaws and of Paragraph 12(c) of the Declaration, and are dated this 15 day of November, 2022.

DECLARANT/DEVELOPER:

Manager Signature

Title: Manager

ACKNOWLEDGMENT

STATE OFARKANSAS                )

)          ss

COUNTY OF WASHINGTON      )

On this 15 day of November, 2022, before me, a Notary Public within and for the aforesaid county and state, duly commissioned and acting, appeared Stephen Lieux, to me personally well known as, or proven to be, the person whose name appears upon the within and foregoing document and stated that he/she was the Manager of NWA LD, LLC, an Arkansas limited liability company, and was duly authorized to execute the foregoing conveyance for and on its behalf, and he/she acknowledged to me that he/she had executed the same for the consideration and purposes therein mentioned and set forth, and I do so certify.

IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office as such Notary Public at the County and State aforesaid on this 15 day of November, 2022.

Notary Signature

Notary Public

Washington County, AR

I certify this instrument was filed on 11/17/2022 9:42:22 AM and recorded in REAL ESTATE File# 2022-00037287

Kvle Svlvester - Circuit Clerk

Amendment

• This amendment raises the yearly dues from $200 to $375, starting January 1, 2023.