07-28-1993 Council Agenda - Laserfiche WebLink

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Mr. Leonard W. Pratt May 26, 1993 Page 2 Townhouse Documents. A townhouse association actually offers more control of a sensitive facility (such as a dock) than an ordinary single family development. For one thing, most single family developments, if they had any restrictive covenants at all, would have covenants that only restricted physical structures on each lot. Single family covenants do not generally attempt to govern behavior on a person's lot, except perhaps in general language about trash and weeds. On the other hand, whenever a townhouse project includes common land (which would be the case here) the Declaration inevitably includes detailed restrictions on the use of the common area and the behavior of persons on the common area. Secondly, townhouse covenants, because they establish an incorporated homeowner association with a Board of Directors and Officers, has a mechanism in place to adopt additional regulations as needed and to enforce the restrictions and regulations. The nature of the restrictions contained in the townhouse declaration with respect to the dock is only limited by our imagination. A townhouse declaration is, in effect, a private contract among the developer and the future homeowners. This contract can contain any term that is not illegal (for example, a racial discrimination clause). Whatever you can conceive of, I can write. Examples. In the case of the dock on association common land, those restrictions might include provisions dealing with the following: 1. A limit on the number of slips. 2. A limit on the horsepower of any motors. 3. A prohibition on late night use of motors. 4. A requirement that only boats licensed to a resident may use the dock. 5. Restrictions on late night parties on the dock. 6. Prohibition of boisterous and unreasonably noisy behavior on the dock. In other words, a townhouse association can establish much more detailed standards for the use of the dock facility, both because Page 74