Covenants and Restrictions | whiteoaklanding

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Gehl Davis

AMENDED AND RESTATED

Declaration of Covenants

and Restrictions

for

White Oak Landing Subdivision

(Passed May 20, 2021)

State of Louisiana

Parish of East Baton Rouge

BEFORE ME, the undersigned Notary Public, personally came and appeared: Gehl Davis, President, and Peggy Stemmans, Secretary, of White Oak Landing Civic Association, Inc., a non-profit corporation organized under the laws of the State of Louisiana, and having its principal place of business in the Parish of East Baton Rouge, who declared that pursuant to the vote of the members of the Association completed on November 1, 2018, they now appear for the purpose of executing this act to amend and restate (1) the Declaration of Covenants and Restrictions for White Oak Landing Subdivision, First Filing (recorded in the mortgage and conveyance records of East Baton Rouge Parish as Original 516, Bundle 9181), (2) the Declaration of Covenants and Restrictions for White Oak Landing Subdivision, 2nd Filing, Part One (recorded in the mortgage and conveyance records of East Baton Rouge Parish as Original 905, Bundle 9254), (3) the Declaration of Covenants and Restrictions for White Oak Landing Subdivision, 2nd Filing, Part Two (recorded on the mortgage and conveyance records of East Baton Rouge Parish as Original 293, Bundle 9364), and (4) amendments to the Covenants and Restrictions of White Oak Landing Subdivision (recorded in the mortgage and conveyance records of East Baton Rouge Parish as Original 946, Bundle 11554, Original 486, Bundle 11500, and Original 92, Bundle 12330.)

And said appearers further declared that by a lawful vote of owners of the lots in White Oak Landing Subdivision, it was resolved as follows:

WHEREAS, the White Oak Landing Civic Association, Inc. (“the Association”) desires to provide for the preservation of the values and amenities in the White Oak Landing Subdivision, East Baton Rouge Parish, Louisiana, for the maintenance of the lakes, recreation area and other common facilities; and, to this end, subjects the real property described in Article II together with such additions as may hereafter be made thereto (as provided in Article II) to the covenants, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and

WHEREAS, members of the association have deemed it desirable to provide for the efficient preservation of the values and amenities in said community; and

WHEREAS; the White Oak Landing Civic Association, Inc., was incorporated under the laws of the State of Louisiana, as a non-profit corporation, for the purpose of maintaining, administering, and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created.

NOW THEREFORE, the Association declares that the real property described in Article II, and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth.

ARTICLE I

DEFINITIONS

Section 1. The following words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings:

(a) "Association" shall mean and refer to the WHITE OAK LANDING CIVIC ASSOCIATION, INC.

(b) "The Properties" shall mean and refer to all existing properties, and additions thereto, as are subject to this Declaration or any Supplemental Declaration under the provisions of Article II, hereof.

(c) "Common Properties" shall mean and refer to those areas of land shown on any recorded subdivision plat of The Properties and intended to be devoted to the common use and enjoyment of the owners of The Properties.

(d) "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of The Properties with the exception of Common Properties as heretofore defined.

(e) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon The Properties but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.

(f) "Member” shall mean and refer to all those Owners who are members of the Association as provided in Article III, Section 1, hereof.

(g) "Structure" shall mean anything built or constructed or anything composed of parts arranged together in some way that is over 18 inches at any point above ground level. Something living is not a structure. However, driveways and walkways are considered structures.

(h) "Days" shall mean calendar days.

(i) "Signature" or "Execution" when used as assent to an instrument shall mean a ballot cast in favor of a proposal.

(j) "Board of Directors" or "Board" shall mean and refer to the Board of Directors of the Association, which is the governing body of the Association.

(k) "Foreclosure" shall mean and refer to, without limitation, the judicial foreclosure of a Mortgage or the conveyance of secured property by a dation en paiement in lieu of a judicial foreclosure.

(l) "Lease" or "Rental" shall mean and refer to any lease, sublease, or rental contract, whether oral or written.

(m) "Annual Assessment" may also be referred to as "Dues".

(n) "Submission" shall mean documents received by the Association and/or the Architectural Control Committee that are deemed to be complete by the Board of Directors or the Architectural Control Committee.

(o) "Noxious" or "Offensive" or "Obnoxious" shall mean activities that are harmful to the quality of the environment or enjoyment of the subdivision as determined by the Board.

ARTICLE II

PROPERTY SUBJECT TO THIS DECLARATION:

ADDITIONS THERETO

Section 1. Existing Property. The real property, which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration is located in East Baton Rouge Parish, State of Louisiana, and is known as WHITE OAK LANDING SUBDIVISION, comprised of two hundred fifty-nine (259) lots, together with the Common Properties designated on the plats of said subdivision located in Sections 54 and 56, Township 7 South, Range 2 East, Greensburg Land District of Louisiana, which plats have been recorded with the Clerk of Court of East Baton Rouge, Parish, Louisiana, all of which real property shall hereinafter be referred to as "Existing Property".

Section 2. Additions to Existing Property. Additional lands may become subject to this Declaration in the following manner:

(a) The additions authorized under this and the succeeding subsection, shall be made by filing of record a Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Declaration to such property.

(b) Other Additions. Upon approval in writing of the Association pursuant to a vote of its members as provided in Article III, the owner of any property who desires to add it to the scheme of this Declaration and subject it to the jurisdiction of the Association, may file of record a Supplementary Declaration of Covenants and Restrictions.

(c) Mergers. Upon a merger or consolidation of the Association with another association as provided in the Articles of Incorporation, its properties, rights and obligations may, by operation of law, be transferred to another surviving consolidated association, or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer these covenants and restrictions within the Existing Properties together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration with the Existing Property except as hereinafter provided.

ARTICLE III

MEMBERSHIP AND VOTING RIGHTS

IN THE ASSOCIATION

Section 1. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member.

Section 2. Voting Rights. The Association shall have one class of voting membership. Members shall be all those owners as defined in Section 1. Members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Section 1. When more than one person holds such interest or interests in any Lot, all such persons shall be members, and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Lot.

Section 3. Voting on Issues. In all cases where a vote of the membership is requested, a 2/3 majority of all voting members is required. The quorum amount is always the total number voting in person or by proxy. Exceptions are for election of board members where a simple plurality is required, for the election of the Arbitrator as described in Article VIII, and in Article IX section 1.

Section 4. Rental of Property. Rights and duties are transferred to renters except for dues, assessment payments, and voting rights. A copy of the lease must be on file with the secretary of the association. Rentals may not be for a period of less than 6 months.

ARTICLE IV

PROPERTY RIGHTS

IN THE COMMON PROPERTIES

Section 1. Members Easements of Enjoyment. Subject to the provisions of Section 3, every Member shall have a right and easement of enjoyment in and to the Common Properties and such easement shall be appurtenant to and shall pass with the title to every Lot. The Board may establish rules for use of the Common Properties which promote safety and prevent damage.

Section 2. Title to the Common Properties. The Association holds and retains title to the Common Properties.

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

(a) the right of the Association, in accordance with the Articles and Bylaws, to borrow money for the purpose of improving the Common Properties and in aid thereof to mortgage said properties. In the event of a default upon any such mortgage the lender's rights hereunder shall be limited to a right, after taking possession of such properties, to charge admission and other fees as a condition to continued enjoyment by the Members, and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied whereupon the possession of such properties shall be returned to the Association and all rights of the Members hereunder shall be fully restored; and

(b) the rights of the Association, as provided by its Articles and Bylaws, to suspend the enjoyment rights of any Member for any period during which any assessment remains unpaid, and for any period not to exceed thirty days for any infraction of its published rules and regulations; and

(c) the right of the Association to take such steps as are reasonably necessary to protect the above described property from and against foreclosure; and

(d) the right of the Association to charge reasonable admission and other fees for the use of the Common Properties; and

(e) the right of the Association to dedicate or transfer all or any part of the Common Properties to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer shall be effective unless an instrument signed by 2/3 of Members voting has been recorded, agreeing to such dedication, transfer, purpose or condition, and unless written notice of the proposed agreement and action thereunder is sent to every member at least thirty (30) days in advance of any action taken.

(f) the right of the Association to close certain areas to use, if in the opinion of the Board of Directors, such areas are no longer safe or use would cause significant damage.

ARTICLE V

COVENANT FOR

MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessment. Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay the Association: (1) annual assessments or charges; (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.

Section 2. Purpose of Assessment. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents of the Properties and in particular, services, and facilities devoted to this purpose and related to the use and enjoyment of the Common Properties, including, but not limited to, the payment of taxes, insurance of all kinds and repair, replacement and additions thereto, and for the cost of labor, equipment, materials, management, and supervision thereof.

Section 3. Basis and Maximum of Annual Assessments. The annual assessment is $600 per lot. The annual assessment may be changed by vote of the Members, as hereinafter provided.

Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized by Section 3 hereof, the Association 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 or reconstruction, unexpected repair or replacement of described capital improvements upon the Common Properties, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting.

Section 5. Change in Basis and Maximum Annual Assessments. The Association may change the maximum and basis of the assessments fixed by Section 3 hereof prospectively for any such period provided that any such change shall have the assent of two-thirds (2/3) of the votes of the Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting, provided further that the limitations of Section 3 hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to the merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation and under Article II, Section 2 hereof.

Section 6. Deleted

Section 7. Annual Assessment: Due Dates. The assessments for any year shall become due and payable on the first day of January of said year. The assessments will become delinquent on the first day of April of said year.

The due date of any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment.

Section 8. Duties of the Board of Directors. The Board of Directors of the Association shall fix the amount of the assessment against each lot for each assessment period of at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner.

Written notice of the assessment shall thereupon be sent to every Owner subject thereto.

The Association shall upon demand at any time furnish to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

No abatement or diminution of the assessments shall be claimed or allowed by reason of an alleged failure of the association to take some action or to perform some function required to be taken or performed by the association or for inconvenience or discomfort arising from the making of improvements or repairs which are the responsibility of the association.

Section 9. Effect of Non-Payment of Assessment: The Personal Obligation of the Owner; the Lien; Remedies of Association. If the assessments are not paid on the date when due (being the dates specified in Section 7 hereof), then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property which shall bind such property in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay such assessment shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them.

If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from date of delinquency at the rate of eight percent per annum, and the Association may bring an action at law (not subject to Article VIII) against the Owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event of a judgment obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the court together with the cost of the action.

Section 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject to assessment; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment.

Section 11. Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charge and lien created herein: (a) all properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use; (b) all Common Properties as defined in Article I, Section 1 hereof; (c) all properties exempted from taxation by the laws of the State of Louisiana, upon the terms and to the extent of such legal exemption.

Notwithstanding any provisions herein, no land or improvements devoted to dwelling use shall be exempt from said assessments.

ARTICLE VI

ARCHITECTURAL CONTROL COMMITTEE

Section 1. Review by Committee. No building, fence, wall or other structure shall be commenced, erected or kept upon The Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to the harmony of external design and location in relation to surrounding structures and topography by an architectural committee composed of three (3) members appointed by the Board. The Architectural Control Committee may be overruled on any of their decisions by a majority vote of the Board of Directors. In the event said committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it and accepted as complete, or in any event, if no action to enjoin the addition, alteration, or change has been commenced within two years after the completion thereof, approval will not be required and this Article will be deemed to have been fully complied with.

Section 2. Submission Materials. The Architectural Control Committee, in its sole discretion, will determine what materials it will require as part of a submission package for a specific request for approval. The Architectural Control Committee will have 15 days to notify the submitter of an incomplete submission, specifying the deficiencies, or the submission will be deemed complete.

ARTICLE VII

PROTECTIVE COVENANTS

Section 1. All of the lots contained in White Oak Landing Subdivision are hereby designated as residential lots, and no building shall be erected, altered, placed or permitted to remain on any residential lot other than one (1) single-family dwelling.

Section 2. No lot shall be used for commercial purposes or home occupations such as beauty shops, doctors' offices, dress shops or related activities where clients call at the premises.

Section 3. No school, church, assembly hall or fraternal group home shall be built on any lot(s) in White Oak Landing Subdivision.

Section 4. These restrictions prohibit a resubdivision of any lot(s) from any dimensions other than those shown on the official recorded plats of White Oak Landing Subdivision without the written consent of the Board of Directors of the Association.

Section 5. Nothing in these restrictions shall prohibit an Owner of any two adjoining lots having frontage on the same street from erecting a residence on the two lots which shall be considered, for the purpose of these restrictions, as one building lot.

Section 6. No tree at least 8" in diameter, measured one foot above the ground, and 20' tall may be removed from any lot, unless in the building site, its access, or its immediate surroundings, without approval of the Board of Directors of the Association.

Section 7. The Board of Directors of the Association, in its sole discretion, shall approve or disapprove proposed construction according to its policy of maintaining a variance on front lines of adjacent houses, and shall have the authority to vary the front and side building line requirements in cases where the Board finds topographical features warrant such a variance or where such a variance would prevent the destruction of one or more desirable trees; provided, however, in no instance may the front or side building line requirements be less than required by A-1 Single Family Residence Zoning Ordinance unless waiver of those requirements is obtained.

Section 8. The minimum area requirements for residential structures shall be 2,000 square feet of living area.

Section 9. The determination of "living area" shall exclude open porches, screened porches, porches, porches with removable storm windows, breezeways, patios, outside or unfurnished storage or utility areas, garages or carports.

Section 10. Building set back lines are imposed as shown on the official recorded plats of White Oak Landing Subdivision on file in the office of the Clerk and Recorder for the Parish of East Baton Rouge, Louisiana.

Section 11. No residence shall be located on any lot nearer to the side or rear property line than fifteen (15) feet.

Section 12. Garages and carports may be attached to the main dwelling, but must not be nearer to the side or rear property line than fifteen (15) feet. Attached garages and carports shall not open to any street on which the residence faces, unless located wholly at least one hundred (100) feet from the front property line.

Section 13. Detached garages and other permanent accessory buildings shall be located wholly at least one hundred (100) feet from the front property line, and shall not be erected closer than ten (10) feet from the side property line nor closer than fifteen (15) feet from the rear property line.

Section 14. Servitudes and rights-of-way for the installation of and maintenance of utility and drainage facilities, as shown on the official recorded plats of White Oak Landing Subdivision are dedicated to the perpetual use of the public for such purposes.

Section 15. All buildings and structures on any lots shall be constructed thereon and no building or any structure may be moved onto any lot in the subdivision, unless approved by the Board of Directors of the Association or its Architectural Committee.

Section 16. No structure of a temporary character and no trailer, tent, shack, barn or other such outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.

Section 17. No noxious or offensive activities shall be conducted on any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. In addition, there shall be no motorized boats in the lakes and no motorized vehicles on the Common Properties except for maintenance purposes. The term "motorized" does not include quiet electric motors.

Section 18. No sign of any kind shall be displayed to the public view on any lot or in the streets of the subdivision, except one sign of no more than five (5) square feet advertising the property for sale, or a customary sign used by a builder or real estate broker to advertise the property during the construction or sale period.

Section 19. No oil drilling, oil development operations, oil refinery, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lots. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any lot.

Section 20. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot; provided, however, dogs, cats, or other household pets are permitted, provided, further that such permissible animals are not kept, bred or maintained for any commercial purposes, or in such numbers or conditions as may be offensive to other property owners in the subdivision.

Section 21. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. Equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Upon completion of any approved structure, all debris shall be removed from the premises immediately. Garden compost may be kept in quantities required by one household only, provided it is not visible from the street and is kept free from obnoxious odors and insects.

Section 22. Lot owners shall keep their respective lots in a neat and presentable condition regarding landscaping. Grass shall be cut no higher than 6 inches over the entire lot up to the street edge. The Board of Directors may waive this restriction for vacant lots or lots they deem "natural". If an owner fails to discharge this obligation, the Board of Directors of the Association or its Architectural Committee may cause the lot(s) to be mowed, and the owners of such lot(s) shall be obligated to pay this expense together with reasonable costs of collection.

Section 23. No boats, vehicles, campers or trailers of any kind or parts or appurtenances thereof shall be kept, stored, repaired or maintained on any street or on any lot nearer to the street than the minimum building set back line, or in any offensive or unsightly manner.

Section 24. Building materials and equipment shall not be placed or stored outdoors on any lot except during the actual course of construction of a residence or other building on the lot.

Section 25. No lot shall be used for commercial farming or gardening purposes.

Section 26. Owners of lots with frontage on "Common Properties" areas designated as "Future Lakes" on the Plats of White Oak Landing Subdivision, or current lakes, shall be responsible for maintenance of said lots to water's edge.

Section 27. Use of the "Common Properties" areas designated as "Future Lake" on the Plats of White Oak Landing Subdivision, or current lakes, shall be restricted to the water's edge.

Section 28. No owner of lots with frontage on "Common Properties" area designated as "Future Lake" on the Plats of White Oak Landing, or current lakes, shall substantially change the location of the 25' M.S.L. contour by means of filling, dredging or otherwise, without the permission of the Architectural Control Committee.

Section 29. No finished slab or other foundation or permanent improvements shall be constructed below 29.5 Feet M.S.L.

Section 30. If there is damage to a lot because of a fire or natural disaster, ruins will be cleared and grass kept cut at owner's expense.

Section 31. Fences will not be allowed between the front of a house and the street. Exceptions would be a gate across the driveway with a small (less than 10 feet) section of fence on either side.

Section 32. Chain link fences: must be of vinyl coated type and dark brown, green, or black in color. All attached hardware (eg., posts, gates, rails, connectors) must be of the same color as the fence. Chain link fences will be no higher than 5 feet.

Section 33. Fences must not be installed closer than 50 feet from the shore line of a lake or pond.

Section 34. Roofing must be asphalt, fiberglass, wood, slate, clay, copper, or concrete substitute shingle type. Metal roofing is not allowed except small sections where it is deemed to add an architectural touch, e.g. copper roof over a doorway.

Section 35. Storage and outbuildings must be built to match the home in construction materials and exterior finish. These buildings must be built on a concrete slab with stud walls, brick or lap siding veneer, and a shingled pitched roof (per above guideline). Portable type buildings are not allowed, i.e. Morgan buildings, vinyl storage buildings, metal sheds, etc.

Section 36. A structure should not be built on a lot closer to the front property line than 85% of the distance of the adjacent house from the property line. In the case of a house on either side, the house that is the closest to its respective front property line is the one that should be used for comparison.

Section 37. Satellite dishes are considered structures requiring approval prior to installation. They should be located such that they are not visible from any street. They should not be easily viewed from adjacent homes or lots.

Section 38. Storage compartments (e.g., PODS) are considered portable type buildings, and according to the guidelines are not allowed. When they are intended for a finite purpose, like storage of materials and supplies during construction, approval is required and will only be given for a finite time period, not to exceed 5 months. A new request will be required after 5 months has elapsed. The type of storage container, with details on dimensions and material of construction must be provided with the request, along with intended location and expected duration of usage. In general, storage should be done off-site or in a trailer that is brought on-site each day that it is intended to be used.

Section 39. Architectural Control approval will be limited to 6 months from date of approval. Construction or action (eg. cutting of a tree) must commence and show continued progress once begun by this 6 month time.

Section 40. Gravel or limestone drives after July 2, 2007 will not be approved.

Section 41. "Window-type" air-conditioning units installed after March 10, 2014 will not be allowed.

Section 42. Wooden fences may not have a metal cap installed except on the fence posts.

Section 43. Installation of solar panels requires architectural approval as with other construction projects. See Addendum 1

Section 44. If for any reason a stump of a tree remains following cutting or collapse, the stump must be removed below grade by stump grinding. This applies only to trees that were in the front yard of residences.

Section 45. Batting cages must be surrounded by a structure (eg. fence) or landscaping that substantially hides the structure.

Section 46. Docks, piers, and bulkheads must be brown or natural wood both for the original structure and any future repairs or replacements. Any other color must be approved by the board of directors.

Section 47. Vinyl fencing will no longer be allowed to be newly-installed after September 13, 2017. Special circumstances may be presented to the Board for exception.

Section 48. Driveways or walkways built of asphalt will not be approved or allowed after June 1, 2020. Any current driveway or walkway constructed of asphalt must be disclosed to the board of directors by June 1, 2020, or it will be assumed to have been constructed after June 1, 2020.

ARTICLE VIIa

MAINTENANCE

Section 1. Each lot owner is responsible for maintaining all buildings, landscaping, fencing, etc. on their respective properties.

Section 2. The Board of Directors will determine if this responsibility is being carried out using some or all of the following criteria:

The property should reflect positively on the subdivision

The improvement(s) should be in a condition to be able to perform its intended purpose.

Landscaping should not become overgrown and dead plants need to be removed. (Lots may be declared "Natural" by the Board of Directors and this requirement will not be enforced on those lots so declared.)

All areas should be in a safe condition

Moveable items (such as tools, yard equipment, toys, or trash) not in use and visible from a roadway are to be stored out of sight or in suitable storage indoors.

Section 3. If the Board determines that a property is not being properly maintained, notice will be mailed USPS to the owner noting remedies and a time frame for completion.

Section 4. A written response is to be made by the owner to the Board of Directors within 15 days of the date of the Board's notice being mailed. The owner should either agree or disagree with the Board's notice. If the owner agrees with the notice, he will include a proposed timeline for the work to be completed.

Section 5. Should the owner disagree with the Board's notice, an appeal will be made to the current arbitrator. If the owner does not respond to the initial notice per Section 4 above, then it means that the owner agrees with the Board's notice, will comply, and no appeal will be available.

Section 6. The process of appeal will be as follows:

The board and the owner may each submit their position to the arbitrator in writing within 15 days of receipt by the Board of the owner's disagreement with the notice. No in-person (i.e., verbal) arbitration will be held. However, the arbitrator, at his sole discretion, may contact either (or both) party, in writing or otherwise, for clarification of that party's position.

The arbitrator will visit the property to view the supposed violation. If necessary, he will make an appointment with the owner for viewing. The appointment must be allowed within 15 days of first request by the arbitrator or the Board's position will automatically be affirmed.

The arbitrator will determine if the property is in need of the proposed repairs or remedies within 60 days of the original submission to him. The ruling will be binding as per other sections relating to arbitration in this document.

The board will pay the arbitrator's fee. The owner and the board will pay their own expenses otherwise.

Section 7. This is the only appeal process available to the owner for violation of this Article.

Section 8. Should the owner not complete the repairs in a timely fashion (or not at all), the Board may take whatever legal action it deems appropriate to force the owner to make such repairs. The costs of such action will be collected from the owner in a manner described in Article V Section 9.

ARTICLE VIII

ENFORCEMENT

Section 1. Notification of Violation. If a violation of the Protective Covenants or rules of the Association (other than non-payment of assessments) is suspected, the Board is authorized to investigate the violation either directly or through its Architectural Committee. If the Board determines that a violation has occurred or will occur, it will notify the Owner at the address kept on the books of the Association. This notification will include the Article and Section of the claimed violation with the action requested of the Owner and the date a response is required.

Section 2. Response Requirement by Owner. The Owner will have 10 days from the date of mailing of the notification to respond either that he agrees with the Board’s decision and will comply with the Board’s requested action or that he disagrees with the Board’s determination. The Owner may not proceed with the alleged violation once he has received the Board’s notification.

Section 3. Binding Arbitration. Should the Owner disagree with the Board’s determination or not respond within the time noted in Section 2, the Board will begin binding arbitration proceedings with an arbitration company with a business office located in East Baton Rouge Parish, Louisiana. Arbitration shall be by only one arbitrator. All arbitration meetings will be held in East Baton Rouge Parish, Louisiana unless agreed otherwise by all parties. Any controversy or claim arising out of or relating to these Covenants and Restrictions, the Bylaws, or other issues between the owners/members and the White Oak Landing Civic Association, Inc. shall be settled by such arbitration, and judgment on the decision rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Section 3.1. Selection of Arbitrator.

1) At the beginning of a three-year term, the Board will nominate an Arbitrator and solicit other nominations from the membership.

2) The qualifications of the Arbitrator shall be set by the Board prior to making or soliciting any nominations.

3) Any person seeking nomination shall submit a written statement of his qualifications and experience, as well as his fee for each arbitration. The fee may not be increased during the term of the Arbitrator.

4) The person desiring nomination shall certify in writing his willingness to adhere to the arbitration rules as set forth herein.

5) The Arbitrator will be elected by the membership for a three year term.

6) Voting by the membership shall be accomplished by ballots mailed to the address on record for each member of the Association.

7) All ballots must be returned to the Board within 30 days of mailing. The nominee receiving the most votes shall be deemed elected Arbitrator for all disputes requiring arbitration described herein.

8) The elected Arbitrator may be impeached by a majority vote of the Board of Directors for failure to adhere to the rules of arbitration as stated herein.

9) Should the Arbitrator resign, be removed, or for any other reason fail to complete his term, the Board shall commence the process for election of a successor Arbitrator within thirty days. The Arbitrator thus elected shall serve a complete three year term as provided herein.

Section 3.2. Arbitration Process

1) The elected Arbitrator must see that the following procedure for arbitration is followed. If one party fails to comply with the Arbitrator's requests in the stated time, that party will be ruled as losing the arbitration.

2) Each side must place with the Arbitrator, the Arbitrator's stated fee (i.e., a deposit) prior to the start of arbitration. Failure to place the funds within 15 days of billing by the Arbitrator will result in default by that party and the arbitration issue is closed with the defaulting party ruled as losing the arbitration.

3) The member shall have 30 days to respond in writing to the Board's complaint. If no response is forthcoming, the arbitration will be ruled complete and the member will be ruled as losing the arbitration.

4) Each side must present all evidence to the Arbitrator and to the opposing party within 60 days of submission of the case to the Arbitrator, except as otherwise provided herein.

5) Each party shall have 15 days from the date of exchange of evidence to submit any desired rebuttal evidence. Submission of rebuttal evidence by both parties or the lapse of 15 days, whichever comes first, shall be deemed the start of the arbitration period.

6) An arbitration date shall then be set by the arbitrator and all parties shall meet for arbitration. The arbitration meeting shall proceed in absence of one party if that party has not requested and been granted a continuance.

7) The arbitration must be completed and a verdict rendered within 90 days of commencement of the arbitration period. The Arbitrator shall insure that all deadlines are met. Extensions may be granted for sickness, death, or natural disasters, but in no event shall the arbitration process take longer than 180 days.

8) The Arbitrator must declare one party as prevailing and one party as non-prevailing.

Section 4. Payment. After the arbitrator decides which party has prevailed in the arbitration, the non-prevailing party shall pay all arbitration charges listed by the elected Arbitrator prior to his election. The deposit with the Arbitrator of the prevailing party will be returned. Arbitration charges, fees and/or expenses shall not include attorney fees, travel expenses, lost income, general or special damages, and any other expenses incurred by a party that were incurred without prior agreement by the parties that such expenses would be included as arbitration costs.

Section 5. Deleted

Section 6. Effect of Non-Compliance with the Arbitrator’s decision. Should the non-prevailing party fail to abide by the arbitrator’s decision, the prevailing party may sue to have the arbitration findings enforced by a court of law with jurisdiction thereof in order to command compliance. All expenses relating to such enforcement of the decision, including, but not limited to attorney fees and court costs shall be considered for purposes of collection and calculation of interest charges.

ARTICLE IX

GENERAL PROVISIONS

Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns for a term of thirty-five (35) years from February 8, 1980, after which time said covenants shall be automatically extended indefinitely unless an instrument signed by the then Owners of two-thirds (2/3) of the Lots has been recorded agreeing to dissolve.

Section 2. Notices. Any notice required to be sent to any Member or Owner under the provisions of the Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of the mailing.

Section 3. Enforcement. Either the Association, through its Board of Directors or any lot owner shall be entitled to seek enforcement of these covenants and restrictions as described in Article VIII against any person or persons violating or attempting to violate any covenant or restriction, either to restrain a violation or to recover damages, and against the land to enforce any liens, created by these covenants; and failure by the Association or any other to enforce any covenant or restriction herein contained shall be in no event deemed a waiver of the right to do so thereafter.

Section 4. Severability. Invalidation of any one of these covenants or restrictions by judgment of a court shall in no way affect any other provisions which shall remain in full force and effect.

Section 5. Amendment. This Declaration may be amended by the agreement of two-thirds (2/3) of the Owners of the Lots voting, with each Lot representing a single vote exercised by the signature or other indication of the Owner (or of a single co-owner presumed to be acting on behalf of the other co-owners). The agreement may be obtained by written ballot provided notice is sent to the Owner not less than thirty (30) days prior to the date by which the return ballot must be received, or at a meeting of the Owners provided notice is sent to each Owner not less than thirty (30) days prior to the date of the meeting. The agreement of the required percentage of the Owners to any amendment of this Declaration may be evidenced by their execution of such amendment, or, in the alternative, the sworn statement of the President or Secretary of the Association stating that the agreement of the required percentage of Owners was lawfully obtained. Any such amendment of this Declaration shall become effective only when recorded or at such later date as may be specified in the amendment itself.

(a) Amendments are proposed by the Board.

Section 6. Amendment Superiority. Whenever these Covenants and Restrictions are amended, the amendment takes precedence over any conflicting previous document, Article, Section, sentence, or word.

Section 7. Will of the Members. These Covenants and Restrictions are the membership's will and desire. A resident(s) who challenges or causes the need to defend these Covenants and Restrictions, in any forum will bear the entire cost of the association's defense if the resident(s) does not prevail. Defense may also mean the need to present the Covenants and Restrictions, for any reason, in court.

Section 8. The right of association officers, employees, or contractors to enter lots in performance of their duties at reasonable hours and with reasonable notification is granted from all lot owners.

Executed in Baton Rouge, Louisiana on this _____ day of _______________, 20__, in the presence of the undersigned competent witnesses and me, Notary.

WITNESSES: WHITE OAK LANDING CIVIC ASSOCIATION, INC.

_________________________ __________________________________________

Gehl Davis, President

_________________________ __________________________________________

Peggy Stemmans, Secretary

____________________________

NOTARY PUBLIC

ADDENDUM 1

Solar Panel Installation Guidelines

Architectural Guidelines for Installation of Solar Panels (sometimes called Modules)

Including Electrical generating and Thermal collecting whose use is to collect energy from sunlight or the environment

Panels are restricted to the side and back roof of the house but is not permitted on a side of the house facing any WOL city street that the lot abuts. Trails are not streets for this definition. Panels may also be installed at ground level in a fenced yard but may not extend higher than the fence.

Panels mounted on the roof are to be installed parallel (ie., level) with the roof and installed no more than 6 inches above the existing roof surface (ie., from roof surface to bottom of panel). The total height of any apparatus will not be more than 12 inches above the roof.

All electrical wiring of the solar array (panels and parts on the roof area) should be concealed within the array. No wiring should be routed off the roof and around the soffit of the house.

Panels mounted on the roof must fit within the roof line (ie., they cannot overhang the roof dimensions).

Installation must comply with all city/parish regulations.

Equipment must be kept maintained and in presentable condition and damage or needed repairs must be completed within 30 days. If not maintained or presentable in the sole opinion of the architectural control committee, then the entire installation must be removed within an additional 30 days.

All frames, support brackets, visible piping and wiring must be either black or gray. Any other color should be submitted to the architectural control committee as that closely matching the color of the existing and future roof. Silver or white is not permitted on any equipment or connections that is visible from ground level. Back sheet must be black.

Modules are the same size and shape and are placed whereby there are no gaps between them.

Total system size to not exceed household demand by more than 20%.

Arrays should be in a square or rectangular shape, especially where visible by neighbors, trails, street, etc. (Architectural Control Committee may allow something else as situations arise.)

ADDENDUM 2

Guidelines for Removing Trees

In general, a request to remove a tree will be granted if it meets any one of the following criteria:

The tree is located inside of, or within 10 feet from, the footprint of approved construction or existing approved structures.
The tree is dead, in the opinion of the ACC*.
The tree is unhealthy and should be removed, in the opinion of the ACC*.
A portion of the tree poses a high, and likely, potential to damage a structure, in the opinion of the ACC*. The mere fact that a tree is close to, or is over, a structure is not considered to meet this criteria, rather there would need to also be an issue with the orientation of the tree (leaning) and/or the health of the tree (unhealthy branches).
The tree is considered to be crowding other trees, and if removed would result in an overall healthier growth of the trees, in the opinion of the ACC*.

In general, a request to remove a tree will not be granted if it does not meet the criteria above. These requests will be evaluated on an individual basis, using the justification/reason as provided by the lot owner. Some examples of reasons that in general would not be approved are:

A tree is close to a house, but more than 10 feet, and the resident is concerned that if it fell it would hit the house, although the tree is not leaning towards the house, nor has any unhealthy branches.
A tree drops a lot of leaves, or other items, in the yard or swimming pool.
A tree is creating shade that is making it hard for grass to grow in the yard, or is affecting the efficiency of a solar module or thermal collector.
A tree is in the way of a structure that is planned to be built sometimes in the future, but the plans have not been submitted for this structure, or the plans were submitted but not approved.

In general, a request to remove a tree will not be granted without an approved plan to replace the tree, or some portion of the trees removed. The plan should meet the following criteria:

Replace one tree for every tree removed.
Replacement trees to be a Louisiana Class “A: tree (as listed on the EBR or LA DOTD websites), container grown, and 1” diameter or larger.
The replacement of trees should be completed within 9 months of the request being approved.

In general, replacement of trees will not be required for:

Lots that have a much higher than average number of trees, in the opinion of the ACC.
Lots that have had new tree growth that would equal the replacement percentage, per item 3.(a), of those removed or to be removed, if the trees meet the qualifications of item 3.(b), in the opinion of the ACC.
Trees being removed per item 1.(a), in the opinion of the ACC.
Removal of trees that are part of an overall landscaping plan and strategy that should better enhance the property and/or health of remaining trees, in the opinion of the ACC*.

5. In general, a tree that is removed from the front yard (closer to the street than the front face of the house) must have the tree stump removed down to at least the ground level.

* The opinion of the ACC may be based on personal experience, and if uncertain the ACC may request an opinion from a licensed arborist, that the ACC may select.