Northfield Hills Homeowners Association
Rules and Regulations
DECLARATION made this 24th day of July, 1973 by LEVITT RESIDENTIAL COMMUNITIES, INC. herinafter called the company. Having a place of business at 23815 Northwestern Highway, Southfield, Michigan 48075. [Note: The "Company" is now the Association].
WHEREAS, the Company is the owner of property located in the City of Troy, Oakland County, Michigan subdivided as shown . . . according to the plat thereof . . .
WHEREAS, it is the Company's intention that the aforesaid land shall be developed as planned suburban residential community.
NOW, THEREFORE, the Company declares that the aforesaid land is held and shall be conveyed by it subject to
[a] the following covenants and restrictions which shall run with the land for twenty-five years from the date hereof, after which time they shall be automatically extended for successive periods of ten years each, unless an instrument, signed by the then owners of a majority of all the lots shown on the aforesaid plat, agreeing to change such covenants and restrictions contained in paragraph 1[e] hereof shall remain in effect forever and the same shall not be amended.
[b] The easements referred to in paragraph 10 hereof, which are reserved to the Company, its successors and assigns, and which shall be perpetual in duration and run with and bind the land forever, the owner thereof, itself, himself, themselves and their heirs successors and assigns. The following covenants, restrictions and easements shall apply to all lots shown on the aforesaid plat.
[c] Notwithstanding and other provisions of these covenants and restrictions, the terms and provisions hereof, to the extent permitted by Law, shall not apply to any lots utilized by the Company for models.
USES AND STRUCTURES
1. [a] No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not exceeding two stories in height and a private garage or carport for not more than three (3) cars. No motor vehicle other than a private passenger type, including a motorcycle. shall be garaged or stored in any garage or carport or on any lot, nor shall any boat be stored outdoors on any lot. No detached garage, carport or accessory building may be erected.
[b] An attached addition to the dwelling may be erected. But only on the condition that it shall not project beyond the front wall of the dwelling or structure as originally constructed by the Company and upon the further conditions set forth in Paragraph 2 hereof.
[c] Private swimming pools may be constructed or erected on any lot, provided they arc situated in the rear yard only, and provided further that no portion of any such pool or its appurtenances shall be closer to the side lot lines than the minimum distance respectively
required by local ordinances for a principal building on such lot.
[d] On any lot, a fabricated fence may be erected but only in the rear yard and only on the condition that it shall not exceed forty-eight
inches in height except that the fences required around private rear yard swimming pools shall conform to all requirements of local
ordinances. However. a fabricated ornamental corner fence of not more than two (2) sides, no one side of which is longer than ten (10)
feet or higher than three (3) feet, is permitted on each corner of any lot. In no case, however, shall stockade or snow fences,
collapsible or folding type fences, fences constructed of wire measuring less than 11 gauge in cross sectional area or other temporary
type fences, be permitted on any lot. Shrub or other growing fences many be planted on any lot but shall not be permitted to grow to a
height exceeding forty-eight (48) inches. Nothing in the foregoing shall prevent the Company from erecting such fences as may be
required by any governmental agency or body.
[e] The elevations of the contour defining the flood plain limit for the Rouge River between the Beechwood Lake and Highway 1-75
crossing, constructed or to be constructed as established by the Water Resources Commission of the State of Michigan, are varied
from 785.0 (U.S.G.S. datum) at the upstream edge of the subdivision to elevation 784.4 [U.S.G.S. datum] at the downstream edge of
the subdivision. Any and all buildings used or capable of being used for residential purposes and occupancy within the flood plain, as
shown on the above mentioned Plat, shall: (1) Have lower floors, excluding basements, a minimum of one foot higher than the elevation
of the contour defining the flood plain limits; (2) Have openings into the basement not lower than the elevation of the contour defining
the flood plain limits; (3) Have basement walls and floors, below the elevation of the contour defining the flood plain limits, watertight
and reinforced to withstand hydrostatic pressure from a water level equal to the elevation of the contour defining the flood plain limits;
(4) Be equipped with a positive means of preventing sewer backup from sewer lines and drains which serve the building; (5) Be
properly anchored to prevent flotation.
[f] No trailer, tent, shack or other such structure shall be located, erected or used on any lot, temporarily or permanently, except structures
to be used by builders for storage materials during construction periods.
[g] No radio, television or similar tower shall be erected on any lot or attached to any building, except that a television antenna may be
attached to any dwelling provided it (1) does not project more than fifteen (15) feet above the roof of the dwelling as originally erected,
and (2) is connected to the roof only by a singular tubular support.
[h] No signs whatsoever shall be displayed on any lot, except a family name plate, a name and address plate. or an address plate. Such
plates must be approved by the Company as to size, form and location.
ALTERATIONS AND ADDITIONS
2. No building, structure, dwelling, garage, carport or breezeway shall be erected, nor shall any alteration or addition to or repainting of the exterior thereof, be made unless it shall conform in architecture, material and color to the dwelling as originally constructed by the Company.
COST AND SIZE OF DWELLING
3. No dwelling shall be erected on any lot at a cost of less than $20.000 based upon cost levels prevailing at the date of this declaration, it being the intent and purpose of this covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same at or better than that which can be produced on the date this Declaration is recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of one story open porches, garages and carports, shall be not less than 1,100 square feet for a one story dwelling, nor less than 700 square feet for a dwelling of one and one-half or two stories, nor 1,500 square feet for all levels of a split level dwelling.
DRILLING AND MINING
4. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected. Maintained or permitted upon any lot.
5. No animals, livestock or poultry of any kind shall be raised, bred or kept in any house or on any lot, except that no more than two (2) dogs, cats or other domesticated housepets may be kept, provided that they are not kept, bred or maintained for any commercial purposes.
GARBAGE AND RUBBISH
6. Garbage or rubbish shall not be dumped or allowed to remain on any lot. lf contained in a closed metal or plastic receptacle. it may be placed outside the dwelling for collection in accordance with the regulations of the collecting agency.
SEWAGE DISPOSAL AND WATER SUPPLY
7. No cesspool, septic tank. water well or other individual or privately owned sewage disposal system or water supply system shall be installed or permitted on any lot.
8. All laundry poles or lines outside the houses are prohibited, except that one portable laundry dryer, not more than seven (7) feet high may be used in the rear yard of each house, on days other than Sundays and legal holidays, and such dryers shall be removed from the outside when not in actual use.
9. Lawns shall be mowed and weeds removed at least once a week between April 15 and November 15 of each year.
10. The Company hereby reserves easements as shown on the recorded plat. over, under and through each residential lot for the installation, construction, reconstruction, relocation, removal, maintenance, repair operation and inspection of sewer, water, drainage, electric, gas and telephone facilities, for the benefit of the adjoining land owners and/or the Company, authority, commission, corporation, municipality and other agency supplying such facilities.
11. Violation of any covenant or restriction may be remedied by the Company, and the expense thereof shall be chargeable to the then owner of the lot and be payable forthwith upon demand. The foregoing shall be alternative or in addition to the enforcement provisions of
12. Enforcement shall be by proceeding at law or in equity brought by the Company, its successors or assigns. or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both.
13. Invalidation of any of the aforesaid covenants and restrictions by judgment or court order shall in no way affect any of the other covenants which shall remain in full force and effect.
14. All public utilities such as water mains, sanitary sewer, gas mains, electric and telephone local subdivision distributors lines, and all connections to same, either private or otherwise shall be installed underground, provided however that above ground transformers, pedestals and other above-ground electric and telephone utility installations, distribution systems and surface and off-site drainage channels and facilities, as well as street lighting stanchions, shall be permitted.
15. The Company reserves the right and power to amend or withdraw this Declaration at any time prior to the conveyance of title of the first lot in the land covered by this Declaration to a purchaser who intends to use the same as a residence.