MIAMI WOODS OWNERS' ASSOCIATION

USE RESTRICTIONS

 Section 11.01.  Except for the Developer and other contractors and subcontractors during original construction of the Property, the following shall be restrictions of the use of the Property which shall run with and bind the land:

 (a)        No Residential Lot shall be used for any purpose other than for residential use.  No profession or home industry shall be conducted in or on any part of any Residential Lot or in any improvement thereon without the specific written approval of the Board of Trustees; provided, however, that this use restriction does not apply to the Developer relative to model units and sales offices.

 (b)        No Storage Lot shall be used for any purpose other than for the storage of automobiles, boats, trailers, and other personal property belonging to the Residential Lot Owners and the Association. The sales office formerly used by the Developer shall be used by the Association for any purpose in its sole discretion, but in no event can such use violate the use restrictions set forth in the Declaration .

 (c)        No noxious or offensive activity shall be carried on upon any Residential Lot, Storage Lot, or the Common Area Lots, nor shall anything be done therein which may be or become an annoyance or nuisance to the Developer or any Owner.

 (d)        No Residential Lot shall be split, divided, or subdivided for sale, resale, gift, transfer or otherwise.

 (e)        No boat, boat trailer, house trailer, trailer, motorcycle, snowmobile, trucks larger than ¾ of a ton or recreational vehicle (as defined by licensing for the State of Ohio Bureau of Motor Vehicles) or any similar items shall be stored in the open on any Residential Lot or Common Area Lot, except as otherwise provided under rules and regulations duly adopted by the Association.

 (f)         No sign of any kind shall be displayed to the public view on any Residential Lot, Storage Lot, or Common Area Lot except signs used by the Developer to advertise the Property as a whole, signs used by a Residential Lot Owner to advertise the sale of a Residential Lot, and except for any permanent Planned Development signs which identify the Property.  Residential Lot Owner or Real Estate Agent 'For Sale' signs shall be placed only upon the residential Lot listed for sale.  No Residential Lot Owner or his agent shall authorize signing off the premises on any right of way abutting the Development. 

(g)        No trees shall be removed from any Residential Lot or Common Area Lot without the prior written authorization of the Board of Trustees.

(h)        No structure of any kind, including but not limited to decks and patios, shall be erected or placed upon a Residential Lot, without approval by the Board of Trustees and the Architectural Control Committee as provided in Article VI.

 (i)         No animals, live stock, or poultry of any kind shall be raised, bred or kept on any Residential Lot, Storage Lot, or Common Area Lot, except that a reasonable number of dogs, cats or other household pets may be kept, provided they are kept in accordance with any duly adopted Rules and Regulations of the Association, and provided further, they are not kept, bred or maintained for any commercial purposes.

 (j)         No lumber, materials, bulk materials, refuse or trash shall be kept, stored, or allowed to accumulate on any Residential Lot, Storage Lot, or Common Area Lot except building materials during the course of construction of any approved structure. Trash, garbage or other waste shall be kept in sanitary containers. The storage and disposal of such materials shall be in accordance with any duly adopted rules and regulations of the Association.

 (k)        The Common Area Lots and Storage Lots shall be limited to the use and enjoyment of Residential Lot Owners as authorized by the Association or its Board of Trustees, subject to the provisions of this Declaration.

 (l)         No clothing or other household fabric shall be hung in the open on any Residential Lot, Storage Lot, or Common Area Lot.

 (m)       No garage door shall be left open on any Residential Lot or Storage Lot for more than twelve (12) consecutive hours in any twenty-four (24) hour time period.

 (n)        The Board of Trustees and the Architectural Control Committee shall have the right to enter upon any Residential Lot or Common Area Lot and trim or prune, at the expense of the Owner, any hedge or other planting which, in the opinion of the Board of Trustees or of the Architectural Control Committee, by reason of its location upon the Residential Lot or Common Area Lot or the height to which it is permitted to grow, is detrimental to the adjoining property or obscures the view of street traffic or is unattractive in appearance; provided, however that the Owner shall be given five (5) days' prior written notice, to correct such problem

 (o)        No trash or garbage container, including but not limited to, trash cans, bags, or boxes, shall be permitted to remain in public view except on days of trash collection.

 (p)        No outside television or radio aerial or antenna, or other aerial or antenna, for reception or transmission, shall be maintained on any Residential Lot or Common Area Lot or the exterior of any building without the prior written consent of the Architectural Control Committee or Board of Trustees, unless it is installed by the Developer.

 (q)        There shall be no violation of any rules for the use of the Common Area Lots or Storage Lots which may from time to time be adopted by the Board of Trustees and circulated among the membership by them in writing, and the Board of Trustees is hereby and elsewhere in the Declaration authorized to adopt such rules.

 (r)        The Association may, in the interest of the general welfare of all the Residential Lot Owners, and after reasonable notice to the Residential Lot Owner, enter upon any Residential Lot or the exterior of any dwelling at reasonable hours on any day except Sunday for the purpose of removing or correcting any violations or breach or any attempted violations of any of the covenants and restrictions contained in this Article XI, or for the purpose of abating anything herein defined as a prohibited use or nuisance, provided, however, that no such action shall be taken without a resolution of the Board of Trustees of the Association.

 (s)        The Developer reserves the right for a period of three (3) years after sale of each Residential Lot by the Developer to an Owner to enter upon the Residential Lot for purposes of correcting grade and drainage patterns for the benefit of the entire Property, provided that the Residential Lot be restored with any pavement, grass or sod which shall have been removed.

 (t)         Unless the Board of Trustee designates specific street area where parking is permitted, no automobiles belonging to the residents or their guests shall be parked on the paved portion of any private roadway or street except during bona fide temporary emergencies.

 (u)        Nothing contained in this Article XI shall be construed to limit in any way the rights and powers of the Board of Trustees and the Architectural Control Committee to approve or disapprove the erection structures or of changes fully provided in Article of buildings, fences, walls or other structures or of changes or alterations to the Property as more fully provided in Article VI hereof.

 (v)        Lake Usage Prohibited - No Residential Lot Owner, his tenants, invitees, business invitees, licensees or any persons whomsoever shall use the impounded water or lakes located on the premises of the Development for swimming, wading or boating.  The Developer and persons acting with his authorization or with the authorization of the Board of Trustees of The Miami Woods Owners' Association may enter the impounded water and lakes for maintenance purposes.