Subdivision Restrictions

I. PURPOSE

The purpose hereof is the creation of a residential community having a uniform plan of development and the preservation of property values and amenities in that community. The immovable property described herein is hereby subjected to the covenants, restrictions, conditions, reservations, liens and charges herein set out to insure the best use and most appropriate development and improvement of each building site thereof, to protect the owners of building sites against such improper use of surrounding building sites as will depreciate the value of their property; to preserve, so far as practicable, the nature beauty of the property; to guard against the erection thereon of poorly designed or proportioned structures built of improper or unsuitable materials; to obtain harmonious color schemes; to insure the highest and best development of the property; to encourage and secure the erection of attractive homes hereon, with appropriate locations thereof on building sites; to prevent haphazard and inharmonious improvements of building sites; to secure and maintain property setbacks from streets and, in general, to provide adequately for quality improvement of the property and thereby enhance the values of investments made by purchasers of building sites therein.

II. THE PROPERTY

2.1 The immoveable property now owned by Appearer and referred to herein is described as follows and is subject to the covenants, conditions and restrictions set out herein: Lots 1 through 50 and any private fence servitudes or landscape areas as shown on the Final Plat of Highpoint Gates Subdivision prepared by Bodin and Webb Engineers dated ___________, recorded as ____________, in the official records of Tangipahoa Parish, Louisiana.

2.2 The property and all other portions thereof hereinafter shall be conveyed, transferred and sold by any record owner thereof subject to the conditions, covenants, restrictions, reservations, servitudes, liens and charges hereinafter set out, all of which are imposed upon the property and all of which shall run with the land.

3. IMPROVEMENT RESTRICTIONS

3.1 There is hereby created Highpoint Gates Subdivision Board ( the “Board” ) to be composed of three (3) individuals. The initial members of the Board shall be appointed by Appearer and shall serve for one year, and their successors shall be appointed by Appearer until such time as all the lots are sold or an act executed by Appearer and recorded in the official records of Tangipahoa Parish releases this right to the other lot owners in the subdivision. The Board shall serve without pay and shall check all building plans to ascertain their thorough compliance with all of the restrictions as set forth herein. The decision of the Board in the event of any dispute or controversy in the interpretation of these restrictions and covenants shall be final and non-appealable. The first members of the Board are;

Robert H. Bone Jr.
James Brockwell Bone
Stephanie Youngblood

3.2 No residence, building, fence, wall or other structure shall be commenced, erected or maintained, nor shall any addition, change or alteration of any kind therein be made until plans and specifications showing the nature, kind, shape, height, materials, floor plans, elevations, exterior color schemes, locations, garage door, garage specifications and mailbox style and construction shall have been submitted to and approved in writing by a majority vote of the Board and a copy thereof as finally approved lodged permanently with the Board.

3.3 One (1) set of plans, including plot plan, must be submitted for Board approval. Architectural Review Committee, the Developer or his assignee, must review all plans and written approval must be received before construction begins.

3.4 No house shall be erected, altered, placed or permitted to remain on any one of the said lots other than one (1) detached single family dwelling not to exceed two stories in height, a private garage for not less than two (2) and not more than four (4) cars and other accessories incidental to residential use of said lots, such as swimming pools, bathhouse and or gazebos. If any part of a garage is located on the front one-half of the respective lot, it must have a metal garage door and the exterior material facing the street must be of the same exterior material of the house. Detached structures may be constructed only with prior written approval of the Board evidenced by a majority vote thereof in writing.

3.5 In the event the Board fails to approve or disapprove within thirty (30) days after any matter, including plans and specifications, have been submitted to it with dated receipt received, approval shall not be required by the Board, however all other provisions shall continue to apply.

3.6 No residence shall be erected on any lot in Highpoint Gates Subdivision containing, exclusive of porches, breezways and garages, less than eighteen hundred (1800) square feet of living area. All buildings will be setback 35 feet from the front of the lot and 8 feet from neighboring lots. Driveways must be of concrete or asphalt. All out buildings shall be built to conform with the architecture of the home.

3.7 Property/homeowners must connect their waste/sewer line to the community sewer system.

3.8 Any residence erected, placed or altered shall not be constructed exteriorly with less than 60% brick, stucco or unless agreed to in writing by the Board. All brick materials used shall be of a standard size normally used in the construction of houses and no unusual colors shall be allowed. There shall be no vinyl siding used on exterior surfaces. All painted exteriors must have at least two (2) coats of paint.

3.9 Fireplace flues and chimneys shall be covered with the same material as the exterior of the residence.

3.10 No garage apartments shall be built on any of said lots.

3.11 Servitudes for installation, maintenance of utilities and drainage facilities are reserved as shown on the final plat of Highpoint Gates Subdivision.

3.12 Only one (1) residence per lot.

3.13 No lot or lots shall be sold except with the descriptions as shown on the plat of the subdivision referred to above.

3.14 Fences may be placed on the property and shall be of wood, brick, iron or other approved material but shall not be permitted nearest the street than the front of the house. Variances subject to Board “Architectural Review Committee” approval.

3.15 No detached structure may be constructed without first having been approved by the Board, any such building must conform in every respect, including materials, with the exterior construction of the residence constructed on that same lot.

3.16 Sodding and landscaping of the front yard shall be installed at substantial completion of the house. Owners shall be obligated to keep the yard areas properly maintained, including but not limited to, the removal of all trash, building materials, ect.

3.17 No boats, vehicles, campers or trailers of any kind, or parts of appurtenances thereof, may be kept, stored, repaired or maintained on any street or on any lot, except in the garage, and in no event shall the same be kept stored, repaired or maintained in any manner which would detract from the appearance of both the individual lot and the subdivision.

3.18 When a residence is built on any lot, the owner thereof shall use only the mailboxes designated by the Board. The maintenance thereof to be the sole responsibility of and at the cost of each respective lot owner.

IV. GENERAL COVENANTS, OBLIGATIONS AND RESTRICTIONS

4.1 Structures in Highpoint Gates Subdivision shall be used for residential purposes only. No part of any lot in this subdivision shall be used for apartment houses, offices for the conduct in the home of occupations such as medical offices, retail or wholesale shops of any kind, schools, churches, assembly halls or fraternity houses.

4.2 There shall be no raising of livestock such as cows, horses, pigs, sheep, rabbits or poultry of any kind. Domestic animals, dogs and cats, shall not roam freely, but must be leashed or detained by fences. Domestic animals, dogs and cats, shall not be of such kind or disposition or kept in such numbers as to cause nuisance. Pets must be kept in such a manner as not to infringe on other owners, property owners or property owners rights. No animals may be raised commercially.

4.3 No trailer, shack, garage, barn or other out building shall at any time be used as a residence, temporarily or permanently, except as may be provided in section 3.4 above.

4.4 No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. Upon completion of a residence, all debris shall be removed from the premises immediately.

4.5 No sign of any kind, except standard real estate signs, shall be displayed to the public view, on or from any building site without the prior consent of the Board or its agents.

4.6 No noxious or offensive activity shall be carried on, nor shall anything be done which may become an annoyance or nuisance to the other owners.

4.7 Nothing shall be altered or constructed in or removed from common landscape areas, if any, as shown on the final plat, except upon the written consent of the Board.

4.8 No offensive or unlawful use shall be made of the subdivision property, or of any part thereof. All valid laws, zoning ordinances and regulations of all governmental bodies having applicable jurisdiction thereof shall be observed.

4.9 Each individual lot owner shall be responsible for the maintenance of all landscaping on his or her lot and for maintaining the lot, residence and driveway in a clean and orderly fashion at all times. Lot owners shall keep all lots mowed at all times and free from rubbish, trash, debris and noxious weeds from the date of act of sale, with or without a residence. Default of which may cause the Board to have the work performed and reimbursement for such cost sought from the owner of record plus any attorney fees.

V. COVENANTS FOR MAINTENANCE ASSESSMENTS

5.1 The Board has the specific right, upon majority vote of its members, to levey and collect (by legal proceedings, if necessary) from each lot owner in Highpoint Gates Subdivision, an annual assessment not to exceed $50.00 per year in order to provide said subdivision with maintenance of the common landscape areas, gardening and any other services generally undertaken or furnished by private associations of property owners. Any assessment shall be made in writing directed to the property owners and upon failure to pay within thirty (30) days from the date of the notice is given, a copy thereof can be filed with the clerk and recorder for the parish and will act as a lien upon the property assessed. In addition to using the revenue for the purposes specified herein, the Board may use the revenue for such purposes as will, in the opinion of the majority of the residents of Highpoint Gates Subdivision, benefit the residents and property owners. Assessments may only be increased by written agreement of 75% of the residents. (38 lot owners).

5.2 The right to collect and administer the maintenance assessments and obligations may, upon a vote in writing of the majority of the lot owners, be transferred to a corporation / homeowners association formed for that and any other purpose, or to an individual designated by the Board to perform this function.

VI. MISCELLANEOUS PROVISIONS

6.1 These stipulations and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from this date, at which time said covenants shall be automatically extended for a successive period of ten (10) years, unless by written consent of the majority of then owners of the lots in said subdivision, duly recorded in the Conveyance Records of this parish, it is agreed to change said stipulation and restrictions in whole or in part in which event the covenants referred to in that instrument which the majority of owners shall state that it is their desire to abolish shall cease to have further force or effect at the then current term and all remaining restrictions, amended or otherwise, shall remain in full force and effect for the succeeding term.

6.2 If the parties hereto, or any of them or their heirs or assigns shall violate or attempt to violate any of the provisions hereof, it shall be lawfull for any other person or persons owning any portion of the properties or any lot, or the Board, or the Homeowners association to prosecute and proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, and to seek injunctions to prevent him or them from so doing or to recover damages or other amounts for such violation. Any purchaser of any lot in Highpoint Gates Subdivision shall be entitled to sue for his own account or for the account of the other parties similarly involved or situated, or both, or to seek injunctive relief or damages or such other relief as may be available. Failure of any person, firm, corporation or homeowners association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

6.3 Invalidation of any one of these stipulations or restrictions or a part thereof by judgment or court order or as herein provided shall in no way affect any other provision herein contained, which other provisions shall remain in full force and effect.

6.4 These restrictions may be amended or modified by Appearer, any one or all of these restrictions may be amended, altered or changed in whole or in part, or new additional restrictions may be added or supplemental thereto in writing by the developer until all lots are sold. Thereafter, the “Homeowners Association” , they may be amended or modified in writing by 75% vote of the lot owners of record.

Please contact Bob LaCour, Realtor at (225) 485-4009 to purchase your lot today!