Lake Colonial Estates Restrictive Covenants

NOTE:  The Board may amend the Restrictive Covenants as necessary to maintain the safety of our lake and dam, at any time.  As such, no motorized vehicles of any kind are allowed along or near the dam, other than those required by mowing / maintenance. Signs are posted.

Section 1. The properties are hereby restricted to use for one family residential dwellings and recreational facilities appurtenant thereto. All buildings or structures erected upon said properties shall be of new construction and no buildings or structures except for the uses mentioned herein shall be constructed thereon. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or any other out-buildings shall be used on any portion of said property at any time as a residence either temporarily or permanently, and no out-buildings, unless otherwise specifically permitted herein, shall be permitted. A barn or shed of no more than 600 square feet, and not more than 18 feet in height, may be constructed, provided they are approved as to location, style, design, etc., by the owner and the Board of Directors of Lake Colonial Estates Homeowners Association prior to the commencement of construction. This does not apply to a contractor's temporary building used during the sales period.

Section 2. Each lot shall he conveyed as a separately designated and legal described freehold estate subject to terms, conditions and provisions hereof and no lot or lots shall be subdivided, re-subdivided, altered or changed so as to provide less area than hereby established, unless approved by the Williamson County Planning Commission and, under no condition, shall such lot or lots be made to produce less area than prescribed by this document and not more than one residential building may be constructed or maintained on any one lot.

Section 3. Notwithstanding any of the provisions herein contained to the contrary, it shall be expressly permissible for the declarant or the builder of any of the lots to maintain during the period of construction and sale upon such portion of the premises as the declarant may deem necessary, such facilities as in the sole opinion of the declarant my be reasonably required, consistent with the purposes herein mentioned, including but not limited to a temporary sales office.

Section 4. No animals, livestock or poultry of any kind shall be raised, bred or kept on any of said lots, except that dogs, cats or other household pets and 2 horses or ponies per lot may be kept provided that they are not kept, bred or maintained for any commercial purposes. All animals shall be confined to their owner’s property and otherwise comply with county ordinances.

Section 5. No advertising signs (except one of not more than five square feet "for rent" or "for sale" sign per parcel), billboards, unsightly objects, or nuisances shall be erected, placed or permitted to remain on said property, nor shall said property be used in any way or for any purpose which may endanger the health or unreasonably disturb the owner of any lot or resident thereof. No business activities of any kind whatever shall be conducted in any building or any portion of said property: provided, however, the foregoing covenants shall not apply to the business activities, signs, and billboards, or the construction and sales period, and of Lake Colonial Estates Homeowners Association, Inc., a non-profit corporation incorporated or to be-incorporated under the law of the State of Tennessee, it's successors and assigns, in furtherance of its powers and purposes as hereinafter set forth.

Section 6. All clotheslines, equipment, garbage cans, service yards, woodpiles, or storage piles shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring lots and streets. All rubbish, trash, or garbage shall be regularly removed from the premises, and shall not be allowed to accumulate thereon.

Section 7. No action shall be at any time taken by the declarant which in any manner would discriminate against any owner or owners in favor of other owners.

Section 8. The owner of each vacant lot shall be responsible for the maintenance of his lot and, if the lot is not properly maintained, determined solely in the discretion of the declarant, then the declarant may perform the necessary maintenance and charge the owner therefore. If the charge is not paid within (20) days after the notice of the charge, such amount shall continue as a lien until fully paid. This lien shall be subordinate to the lien of any first mortgage and shall be enforceable in the same manner as any lien.

Section 9. No noxious or offensive operations shall be conducted or maintained on any lot, and nothing shall be done on any lot that may constitute a nuisance or unreasonable annoyance to the neighborhood.

Section 10. No used materials other than brick, stone or logs, shall be used in the exterior construction upon the premises.

Section 11. No building shall be constructed or maintained on any lot nearer the front of the lot than the set-back line, as shown on the recorded plan; provided open porches, either covered or uncovered bay windows, steps or terraces, shall be permitted to extend in front of the set-back line, so long as the remaining portion of the structure does not violate the set-back line on recorded plat. All other lines shall conform to the zoning regulations of the Williamson County Planning Commission.

Section 12. A perpetual easement is reserved for each lot, as shown on the recorded plan, for the construction and maintenance of utilities, such as electricity, gas, water, drainage, etc., and no structures of any kind shall be erected or maintained upon or over said easement.

Section 13. The sewerage from any improvement on the premises shall be connected to a septic tank and disposal field approved by the Williamson County Health Department, and when permanent sewer lines are available, be connected thereto.

Section 14.  It shall be obligatory upon all owners of lots in this subdivision to construct or place any driveway, culverts or other structures including but not limited to privacy gates, or gradings which are within the limits of any of any dedicated roadways, in strict accordance with the specifications therefore, as set forth on the recorded plan of the subdivision as identified above in order that the roads or streets, which may be affected by such placement, or construction may not be disqualified from acceptance into the road system of the County of Williamson. All driveway culverts must have stone, brick or poured concrete headwalls.  Further all driveway gates must be in strict compliance with all covenants referencing approved building materials and methods, have stone or brick base pillars if stand alone structures and those gates which are made part of any approved fence must be consistent with either the building materials as stated in this Section or pre-approved as fence building material if applicable under Section 15. Lot owners must get written approval of the Architectural Control Committee or Declarant(Board of Directors of Lake Colonial Estates Homeowners Association) as to materials, location and construction prior to commencement of construction of any gate. Any lot owner as of January 1, 2008 having driveway gates or driveway pillars currently in place which are not in compliance with this section shall be deemed not in violation of the provision but shall not be deemed as a precedent for future approvals.

 

Section 15.  On all lots, fences consisting of (a ) painted plank, (b) split rail, (c) pole rail, (d) wire fence, (e) hedge or (f) shrub are allowed with the following contingencies: fences built of (a) (b) (c) and (d) shall be no more than 48 inches in height excepting fences built of (a) shall be allowed to a height of 72 inches for public safety or privacy purposes when said fence shall be enclosing the immediate vicinity of a swimming pool. Such fence shall require gates compliant with Williamson County Codes regarding pool fencing gates. This shall not constitute approval for property boundary fencing outside the immediate vicinity of the pool area.  Further, those built of (d) are only permitted from the rear line of the residence back along the side lot lines and across the rear; and those consisting of (e) and (f) shall be no more than 36 inches in height and lot owners must get written approval of the Architectural Control Committee or Declarant(Board of Directors of Lake Colonial Estates Homeowners Association) as set forth in Article V of the Declaration of Covenant and Conditions as to material, location and construction prior to commencement of construction of any fence.

Section 16. Any garage or carports, erected on said lots, shall be attached to the residence, or garages may be installed in the basement of any residence. No detached garage or other outbuildings shall be permitted on any lot other than the outbuilding referred to in Section 1. No dwelling shall be built without at least a two-car garage or two-car carport. No garage or carport shall be permitted to open toward the front of any lot and the main entrance doors of such garage or carport shall face either to the rear or sideline, except as maybe approved by the declarants.

Section 17. No construction material shall be left on any lot longer than ninety (90) days, except during construction, and the construction period should be no longer than nine months in duration.

Section 18. All residence plans shall be first submitted to and approved in writing by the declarants or designated from time to time by the undersigned or assigns. Any residence erected on a lot, as shown on said plan, shall be a minimum living area, exclusive of any carport or garage, as follows

(a) One floor plan, with attached garage or carport, 1800 square feet.

(b) One floor plan with garage in basement (this includes a plan with finished room or rooms over the garage) and split levels 1800 square feet.

(c) Two story plan, 2400 square feet of living area.

Section 19. All buildings or structures of any kind constructed on any lot shall have masonry foundations, and no exposed block, concrete or plastered foundations shall be exposed to the exterior above grade level, except that some aggregate may be embedded in stucco.

Section 20. Finished landscaping and planting of shrubbery shall be completed within ninety (90) days after occupancy of any dwelling.

Section 21. Mailbox standards shall be maintained and boxes must be in good repair and appearance.

Section 22. Gardens shall be restricted to back yards and plants, vines, (except that grapevine arbors will be permitted). Stakes, debris, and etc., are to be removed by December 15 each year. No vacant lot may be used for vegetable gardens except in cases where the owner also owns an adjoining lot on which dwelling exists in which case the garden is to be located no nearer the street than the rear line of the residence and must be at least 25 feet from the sidelines of the lot.

Section 23.  The construction and repair of vehicles, machinery, boats, trailers or recreational vehicles is prohibited except same be done within the house, basement, garage or outbuildings. Outside storage of any kind is prohibited except operating family automobiles, not more than one (1) trailer on those lots containing an occupied residence. The term "Trailer" shall be defined as flat bed, enclosed or partially enclosed trailer not to exceed 15 feet in bed length for the purpose of home maintenance. Two (2) trailered boats covered by appropriate tarp or boat cover with boat not to exceed 20 feet in length or one(1) travel trailer not to exceed 28 feet in length. Outside or carport, permanent or temporary storage of any operating or non-operating vehicles, including but not limited to mobile home or motor homes, etc . not expressly allowed under these covenants is prohibited. Any additional vehicles, machinery, boats, trailers or recreational vehicles as described above kept on the property of the lot owner must be stored inside the garage, basement area of the home or inside an approved outbuilding. Should interior storage of additional vehicles, machinery, boats, trailers or recreational vehicles, etc. not be available on the residential property of the lot owner, lot owner shall be required to obtain and utilize storage facilities outside Lake Colonial Estates. Permanent or temporary exterior storage of any trailer, boat or travel trailer allowable under this section shall be limited to the rear of the occupied residence. Permanent or temporary storage on any lot not containing an occupied residence is strictly prohibited. Exterior storage of trailers as stated above shall be conditional upon the appearance of said trailers. Said vehicles which, in the opinion of the Declarant(Board of Directors of Lake Colonial Estates Homeowners Association), constitute a visual detriment to the best interests of the residents of Lake Colonial Estates as members of "The Corporation" shall be immediately brought into compliance or removed from the property by the lot owner upon request or notification by Declarant.

Section 24. The right of enforcement of each of these restrictive covenants is vested in the owner of each and all of the lots in this subdivision, and any owner of any lot shall have the right at any time to compel compliance with said covenants, or any of them, or to prevent the violation of any of them, by the institution of any action at law, or a suit in equity for injunctive or other relief

Section 25. If any provision of this instrument shall be declared void or inoperative by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Section 26. No old homes shall be permitted to be brought into the subdivision and to be placed or erected on any lot.

Section 27. Overhead easements, as shown on the recorded plan, shall be for the purpose of permitting overhead wires and cable of public utilities, such as electric, telephone, telegraph, etc.

Section 28. Drainage easements as shown on the recorded plat shall be for the purpose of construction, maintaining, opening or widening storm drains, and open ditches.

Section 29. The right is expressly reserved to the developers and owners of this subdivision, their representatives, heirs, successors and assigns, to construct all streets, roads, alleys, or other public ways as now, or hereafter may be shown on this plan of subdivision, at such grades or elevations as they, in their sole discretion my deem proper, and for the purpose of constructing such streets, roads, alleys or public ways, they additionally shall have an easement, not exceeding ten (10) feet in width, upon and along each adjoining lot, for the construction of proper bank slopes in accordance with the specifications of the governmental body or agency having jurisdiction over the construction of public roads; and no owner of any lot in this subdivision shall have any right, action or claim for damages against anyone on account of the grade or elevation at which such road, street, alley, or public way may hereafter be constructed within the limits of the said ten (10) foot easement.

Section 30. In-ground swimming pools will be permitted, provided they do not interfere with septic tanks or disposal fields. Bathhouses and recreation rooms will be permitted to be attached to swimming pools.

Section 31. No boats will be allowed in the lake, which is located on the property, except that from time to time, the developer or the Homeowners Association my have need to use a boat for putting fish food in the lake, checking silt buildup or for cleaning purposes.

Section 32 Enforcement. The declarants or any owner shall have the right to enforce, by a proceeding at law or in equity, restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of these use restrictions. Failure by the declarants or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so hereafter.

Section 33. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise effect any other provisions which shall remain in full force and effect.

Section 34. The covenants and restrictions imposed by this instrument shall run with and bind the land for a period of twenty (20) years from the date of recordation after which time they shall be automatically extended for successive periods often (10) years. These restrictions may be amended during the ten (10) year period by an instrument signed by the owners of not less than sixty (60%) percent of the lots, and thereafter by an instrument signed by the owners of at least seventy-five (75%) percent of the lots. Any amendment must be recorded.


NOTICE: The information presented on this website is intended to serve as a convenient reference source only and it is not legally binding or official in any way whatsoever. This website may not be updated on a timely basis and it may not contain a fully accurate or legal depiction of the official Restrictive Covenants document that is on file with the Williamson County Register of Deeds office. Visitors to this website are advised to review and reference the official legal document for all formal business purposes.