“A deed restricted community”
A Homeowner’s guide to the single family covenants applicable to Units 3, 4 & 5
|
This guide
is taken from the original covenants on file with the St.Tammany
courthouse, land records department and from the developer’s
literature. This guide retains the language applicable to the single
family residence sections of Subject to correction * Rev. June-2011 Eden Isles Homeowners Association, Inc. |
1. ARCHITECTURAL CONTROL
No construction on any lot or lots shall be permitted without written approval
of the Eden Isles Architectural Committee.
Prior to commencement of construction of any kind or nature,
detailed plans and specifications shall be submitted to the Eden Isles
Architectural Committee requesting written approval therefor.
No grading, building or structure of any kind or character or construction work
thereon, shall be commenced, erected, placed or altered on any of said property
or portion thereof until the plans and specifications and a plot plan showing
the location of the structure or structures and all other proposed improvements,
parking areas, landscaped areas, fencing and walls have been approved by the
Architectural Committee as to quality of workmanship and materials, harmony of
exterior design with existing structures, and location with respect to
topography and finished grade elevation as well as general overall appearance
and design.
2. ARCHITECTURAL COMMITTEE
The Eden Isles Architectural Committee shall consist of five members appointed
by the Dedicator of said Unit, its successors or assigns, and shall be for
terms of one year and until their successors are annually selected at a meeting
of the owners of lots in said Unit to be held at 11:00 A. M. on the second
Monday each January, at a place in Eden Isles after written notice thereof has
been mailed by the Chairman of the Committee, postage prepaid, to the lot
owners designating the place of the meeting: three members will be appointed by
the dedicator and two elected by the lot owners, such owners to have the right
to one vote in such selection for each lot owned. Any plans submitted to the
architectural committee which are not acted upon within 30 days shall be
considered approved.
The Eden Isles Architectural Committee shall have the power to make, alter,
revise and promulgate such rules and regulations as it may from time to time,
deem appropriate to enforce and carry out the purposes of these Reservations,
Restrictions and Conditions. The Committee shall also have the power and right
to charge and collect fees for the review of plans and specifications and for inspection
for and enforcement of compliance with these Reservations, Restrictions and
Conditions and its rules and regulations.
The Committee or any of its authorized representatives shall have the right to
enter upon any lot and inspect any and all construction thereon for compliance
with these Reservations, Restrictions and Conditions and its rules and
regulations.
3.
The established grade of lots shall not be raised or
altered so as to adversely affect adjacent property owners. Each building will
have a first floor elevation of not less that 8 feet above mean sea level or as required by building code except that a carport or garage or
recreation rooms can be built under the residential structure, so long as the
supports and area under the residence are screened by a masonry wall or other
material acceptable to the Architectural Committee.
Applicable lots shall be used only for residential purposes. No building
shall be erected or permitted to remain on any lot other than one detached
single-family dwelling not to exceed two stories in height. Each dwelling structure must include a private garage or
carport for each dwelling of a size not less or greater than that defined for the applicable
Unit of the subdivision. Other appurtenances and out buildings incidental to the
residential use of said lots shall be permitted. A
house or structure of any nature may not be moved onto any lot.
A purchaser desiring to buy more than one lot may be permitted to
erect one large residential structure on two or more lots, and the remaining
fractional lots shall be subject to the restrictions applying to a single lot.
No residence shall be constructed on a lot smaller than shown on the Eden
Isles Subdivision official plat applicable to said Unit. No resubdivision creating any
lot with less than 60’ in Units 3 & 4 and no less than 70’ in Unit 5 shall
be permitted.
4. BUILDING SIZE
The main single family residential building shall contain no less than 1,500
square feet in Units 3 & 4 and no less than 1,800 square feet in Unit
5, exclusive of carport, garages, patios, verandas, or any other auxiliary
construction incidental to the main residence.
In Unit 3, no part of any main building shall be constructed closer than 25 feet to the front property line, nor closer than 100 feet to the rear property line, nor closer to either side property line than 5 feet.
In Unit 4, no part of any main building shall be constructed closer than 20 feet to the front property line, nor closer than 30 feet to the rear property line, nor closer to either side property line than 5 feet.
In Unit 5, no part of any main building shall be constructed closer than 25 feet to the front property line, nor closer than 25 feet to the rear property line, nor closer to either side property line than 5 feet.
The garage or carport shall be considered part of the main building for the computation of set backs and the same minimum distances from the property line shall apply. No carport may be used for open storage of any articles or materials within view of other lot owners and the community in general.
5. LANDSCAPING
Within ninety (90) days after the completion of construction of any
improvements on any portion of a lot in any Unit, all unused ground area on
said portion shall be planted with ground cover, plants, shrubberies, and trees
as shown on a landscaping plan to be submitted to and approved by the
Architectural Committee (as provided in Paragraphs 1 and 2 hereof) before
commencement of planting. The maturity of all proposed plants shall be shown on
said landscaping plan. Said landscaping when completed shall thereafter
be maintained and kept free of leaves, rubbish and debris by the owners of said
property. A minimum of three trees per lot, each tree to be 10 feet or
more in height, shall be planted as a part of said
landscaping plan.
6. FENCES
No fence or wall shall be constructed or altered or allowed to remain on any
lot in front of the minimum building setback line, unless approved by the Eden
Isles Architectural Committee. Fences or walls must conform generally to
the design and architecture of the dwelling to be enclosed, and plans showing
location and details of fences or walls must be approved by the architectural
committee prior to erection of said fence or wall.
7. SERVICES
All additional services not
already provided, such as auxiliary telephone, electric power, sewers, drains
and water pipes, shall be placed underground from the property line to the
building except meters required to be above ground by utility companies.
Each residence constructed will install, provide electric energy and maintain
one (1) 100 watt mercury vapor lighting fixture on a 9 foot steel pole in a
line 5 feet inside the front property line to correspond to an overall plan and
pattern to provide an esthetical and security lighting system. Any pole
lamp acceptable to the Architectural Committee may be used.
… editors note, this was required due to no street
lighting at the time.
Energy sources for fixed improvements not provided by the developer will be a
responsibility of the purchaser. Any storage or distribution of other
energy must be approved by the Eden Isles Architectural Committee.
8. EASEMENTS
Easements for installation of utilities and drainage facilities are reserved as
shown on the official plat of Eden Isles Subdivision, per applicable Unit. Eden Isles shall have the right
to require that all servitudes and easements be kept unfenced and cleared and
Eden Isles shall have access thereto for installation and maintenance of any
and all utility services.
Unit 3 lots 30, 31, 102 and 103 are subject to a 100’ wide Power Company utility easement as shown on the official plat. No construction of any structure whatsoever is permitted in this servitude.
Unit 5 golf course lots carry additional restrictive easements granting players the ability of retrieving golf balls.
9. VEHICLES (www.stpgov.org/code
sec. 13-002.00,
13-002.01
and 14-016.00
thru14-029.00)
No trucks, trailers,
automobiles or other commercial vehicles bearing advertisements shall be parked
or stored on residential property or on streets or roadways, except when making
deliveries, except that if such vehicle is kept within a garage or fenced or
screened service yard out of sight of public areas it may be permitted.
No trucks, trailers, campers, vessels or other vehicles nor any private
automobiles in non-operative condition shall be parked or left on any lot or
any public street for a period in excess of 48 hours, except that if such vehicle
or trailer or vessel is kept within a garage or fenced or screened service yard
out of sight of public areas it may be permitted.
Overnight parking on public streets will not be permitted.
Sufficient off street parking shall be provided by purchasers for
residents and visitors or employees.
10. TRASH
Trash and garbage receptacles shall be covered at all times, except during
collection or disposal, and maintained in a sanitary condition. All trash
and garbage receptacles and any on site disposal shall be screened from view of
public streets, canals or neighbors.
11. LIVESTOCK
No livestock or poultry shall be kept on the premises.
12. TEMPORARY HOUSING
No temporary house, trailer, house-trailer, tent, garage, shack, barn, truck or
any temporary structure shall be used as a residence or commercial place of
business on any lot at any time, either temporarily or permanently, or shall be
placed or erected on said lots, and no dwelling shall be occupied in any manner
at anytime prior to its completion.
The work of constructing a building shall proceed
diligently.
13. SIGNS
(http://www2.stpgov.org/planning/luord523/ord523.html
sec. 5.0311
thru 5.0314); No advertising signs, billboards, unsightly objects or
nuisances shall be erected, placed or permitted to remain on any lot, nor shall
the lots be used in any way for any purpose which may endanger the health or
unreasonably disturb the holder of any other property.
(www.stpgov.org/code sec. 14-001)
No illegal, obnoxious or offensive activity shall be permitted on any lot, nor
shall anything be done thereon which may be or become an annoyance or nuisance
to the neighborhood or community. One sign, not to exceed 18 by 24 inches
advertising the property for sale, shall be permitted.
(also see parish lighting ordinance http://www.stpgov.org/departments_planning_unified.php
- section 7.03
)
14. MAINTENANCE (www.stpgov.org/code sec. 14-002)
For the purpose of keeping the subdivision in an orderly condition at all
times, each lot owner shall maintain his lot in a presentable condition,
keeping the grass and overgrowth trimmed neatly.
No unsightly boxes, cans, rags or other debris shall be stored or kept or
allowed to accumulate on the property within view of other lot owners and the
community in general.
15. SIGHT DISTANCE AT INTERSECTIONS
No fence, wall, hedge,
or shrub planting which obstructs sight lines at elevations between 2 and 6
feet above roadways shall be placed or permitted to remain on any corner lot
within the triangular area formed by the street property lines and a line
connecting them at points 25 feet from the intersection of the street line, or
in the case of a rounded property corner from the intersection of the street
property lines extended. The same sight line limitations shall apply on any lot
within 10 feet from the intersection of a street property line with the edge of
a driveway or alley pavement. No tree shall be permitted to remain within such
distances of such intersections unless the foliage line is maintained at
sufficient height to prevent obstruction at such sight lines.
16. TERMINATION
These covenants shall run with the land and shall be binding on all lots and
the owners thereof in the said subdivision and on all persons claiming under
them, until December 31, 2000, after which they shall be automatically extended
for successive periods of ten years, unless an instrument in writing signed by
a majority of the then owners of lots in any of the applicable Units of Eden Isles Subdivision is filed for record in the office of the
Clerk of Court of St. Tammany Parish, Louisiana, modifying or terminating the
same.
17. ENFORCEMENT (www.stpgov.org/code
sec. 1-011.00
& http://www2.stpgov.org/planning/luord523/ord523.html
sec. 7)
Enforcement of these restrictions may be by proceedings at law or equity, and
against any person or persons violating or attempting to violate any provision
herein contained, either to restrain violation or to recover damages. Every
owner of one or more lots in said subdivision and / or the Eden Isles
Architectural Committee shall be vested with the right to institute and
prosecute proceedings to enforce the provisions contained herein.
18. SEVERABILITY
(www.stpgov.org/code sec. 1.005.00)
The invalidation of any one or more of these covenants by judgment or court
decree shall in no wise affect the other covenants herein, which shall remain
in full force and effect.
(http://www2.stpgov.org/planning/luord523/ord523.html
sec. 3.02)
The Architectural Committee of said Units shall have the right to mitigate
these restrictions and conditions when reasonably requested to do so because of
extenuating circumstances, but only if it deems that said mitigation and
construction so allowed shall not be detrimental to the general appearance and
safety of Eden Isles as a whole, and that the structure allowed thereby will be
in harmony with surrounding structures.
19. WATERWAYS
(http://www.stpgov.org/departments_planning_unified.php
sec. 7.06
& Land Use Ordinance sec. 5.14
Boat docks may be constructed, but may only extend 10 feet into the rear
easement provided for the canal or 5 feet for those lots bounded by
lakes. Construction of boat houses and/or boat slips may be constructed
but may not be built to extend into the rear easement provided for the
canal. No boat
houses are to be constructed on those lots bounded by the golf course lakes. Boat houses must be constructed
to conform to the restrictions and design of the main structure, and they must be
finished on the exterior with siding, brick, or other acceptable materials.
No metal roofs will be acceptable. Boat houses will be subject to
the approval of the Architectural Committee.
The rear boundary of all lots in the subdivision located on a canal is at the
centerline of that canal. The present and all future owners whose
property adjoins these canals agrees to utilize said canals in such a manner as
to refrain from interfering with the peaceful use of said body of water by
other property owners whose property also adjoins said canal.
Owners of lots whose rear boundaries are located within the golf course lakes agree to utilize the area in such a manner as to refrain from interfering with the peaceful use of these lakes by other owners whose property also adjoins these lakes. No motorboats (motor-driven or motor-powered) of any type or character shall be permitted in any of the Golf Course Lakes and each owner assumes the responsibility of his, her, or its guests in this respect.
The present and all future owners whose property adjoins the
The provisions regarding the construction of boat docks, boat
houses, and boat slips shall apply in the harbor area the same as in the canal
easements in all other areas of Eden Isles Subdivision.
Each lot owner furthermore agrees to erect no obstruction in any canal or body of water and to deposit no trash, debris, nor
rubbish therein, and to cooperate as much as possible in keeping said canals
and / or lakes in a clean and sanitary condition and to do nothing which would
obstruct the flow of boat traffic through said canals or bodies of water.
To enhance the value, desirability, attractiveness and safety of the entire
Eden Isles Subdivision, the following restrictions shall run with the real
property and apply specifically to the wharfage area,
which is defined as the area at the rear of each lot which separates the land
and water areas for the purpose of construction and use of a wharf or wharves,
boat slip, or similar structures for the purposes of storage or other
accommodation of purchaser's private boats which shall be used only for
non-commercial, recreational purposes.
1. No boat shall be used as a residence and no boat shall be lived in while in
the wharfage area.
2. Nothing shall be done or kept in the wharfage area
which would be violation of the Eden Isles protective reservations,
restrictions and conditions.
3. There shall be no construction, structural alteration or removal of any
wharf, boat slip or other structure in the wharfage
area without the prior written approval of the Architectural Committee as
established by these protective reservations, restrictions and conditions. The
Architectural Committee shall approve proposals or plans and specifications
submitted for its approval only if it deems that the construction, alterations,
or additions contemplated thereby in the location indicated will not be
detrimental to the appearance of the wharfage area of
Eden Isles as a whole, and that the appearance of any wharf, boat slip or other
structure affected thereby will be in harmony with the surrounding wharves,
boat slips and other structures.
4. The Architectural Committee may issue rules or guidelines setting forth
factors that it will take into consideration in reviewing submissions.
5. Each owner shall at all times keep the wharf, canal
bulkhead, boat slip and all other structures within the wharfage
area in a good state of repair and maintenance.
6. Boat slip, float, wharf or other structure construction within the wharfage area, including all deck surfaces, flotation
materials, framing, hardware, gangways, lumber, electrical and plumbing
installations, and pilings, lockers and flagpoles must be of first quality,
first-class appearance.
… editors
note, Eden Isles is a
no wake zone per the following code of ordinances.
http://www.stpgov.org/files/Council/Code_of_Ordinances_-_Updated_through_03-02-2017.pdf sec. 15-006.00 ¶-10)