Action 44
◆
A proposal to amend the
Declaration of Covenants and Restrictions (DCR)
and repeal the
Supplementary Declaration of Covenants and Restrictions (SDCR)
of the
Oakbridge Community Services Association (OCSA)
❖
Proposed by the OCSA DCR Revision Committee
Kraig Bodie, Valeria Davis-Humphrey, Brent Denton,
Richard S. Russell, Brian Shah, Jacob T. Specht, and Brian Strobel
2023 May 20
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The specific proposal comprises 3 inseparable provisions, which must be accepted or rejected as a package:
	(1) Completely repeal the Supplementary Declaration of Covenants and Restrictions (SDCR) of 1979 April 10 that apply to the Oakbridge Community. 
	(2) Renounce any responsibility for or control over Oakbridge Condominiums or Oakbridge Apartments that might have been expressed or implied by the Declaration of Covenants and Restrictions (DCR) of 1979 April 10.
	(3) Adopt the attached amendments to the DCR of 1979 April 10. 
❖
In the attached proposal, the following color codes are employed. Text in ...
 • black is unaltered from the current DCR.
 • struckthru red (stop) is in the current DCR and is proposed to be deleted.
 • underlined blue is transcribed from the current SDCR and is proposed to be inserted.
 • underlined green (go) is new language proposed to be inserted.

OAKBRIDGE DECLARATION OF
COVENANTS AND RESTRICTIONS

Preamble

THIS DECLARATION, made this 10th day of April, WHEREAS, in 1979, by JAMES V. BURKHARD, INC. James V. Burkhard, Inc., a Wisconsin corporation, hereinafter called “the Developer”,

WITNESSETH:

WHEREAS, Developer is was the owner of the real property in the City of Madison, Dane County, Wisconsin described in Exhibit A attached to this Declaration and other contiguous real property, located in a portion of the Southwest 1/4 of Section 23, Town 7 North, Range 8 East, in a subdivision plat known as “Oakbridge”, and desires undertook to create thereon a planned community with permanent open spaces for the benefit of the said community and with a planned mix of housing types and facilities; and

WHEREAS, the resultant community comprised three housing types — apartments, condominiums, and a neighborhood of free-standing single-family homes — each using the name “Oakbridge”; and

WHEREAS, state and local statutory and case law governed the management of the apartments and condominiums but not the neighborhood, whose management was under the auspices of private-contract law; and

WHEREAS, the Developer desires desired to provide for the preservation and enhancement of the property values, amenities, environment, and opportunities in said community the neighborhood, and to this end and in order to insure the best use of the land and most appropriate ecological development and to prevent the erection of poorly designed or constructed improvements, desires desired to subject said real all property together with such additions as may hereafter be made thereto (as provided in Article II)  within the neighborhood 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 the entire neighborhood and each owner thereof therein; and

WHEREAS, Developer deems it desirable, to accomplish these objectives, to create an agency the Developer incorporated under the laws of the State of Wisconsin the Oakbridge Community Services Association, Inc., a nonstock, nonprofit corporation, to which should be was assigned the powers of owning, maintaining, and administering the community properties and facilities; and administering and enforcing the covenants and restrictions; and collecting and disbursing the assessments and charges hereinafter created,; and promoting the recreation, health, safety, and welfare of the residents; and

WHEREAS, Developer has incorporated under the laws of the State of Wisconsin the Oakbridge Community Services Association, Inc. as a nonstock, nonprofit corporation for the purpose of exercising the functions aforesaid; the Association, to help build connection and community, keep people safe, and protect privacy, recognizes that all people are equal in dignity and rights

NOW, THEREFORE, the Developer declares that the real property described in Exhibit A, and such additions thereto as may hereafter be made pursuant to Article II hereof, within the neighborhood 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  1: Definitions

Section 1.1: “Declaration” shall mean the covenants, conditions, and restrictions and all other provisions herein set forth in this entire document, as same may from time to time be amended.

Section 1.2: “The Association” “OCSA” shall mean and refer to the Oakbridge Community Services Association, Inc., and its successors and assigns.

Section 1.3: “Developer” shall mean and refer to James V. Burkhard, Inc., and its assigns, together with any successor to all or substantially all of its business of developing the Properties. “The Board” shall mean and refer to the OCSA Board of Directors, which is charged with adopting and enforcing policies, procedures, and rules of self-regulation for administering these covenants and other OCSA affairs.

Section 1.4: “The Properties” “Neighborhood” shall mean and refer to all real property which becomes subject to the Declaration, together with such other real property as may from time to time be annexed thereto under the provisions of Article II hereof. in these two (2) categories:

(a) Private Homes. The 145 lots fronting on:
• Crossbridge Court
• East Oakbrook Circle
• Oak Glen Court
• Sandy Court
• Stonehedge Court
• West Oakbrook Circle

1.5 “Common Area” shall mean and refer to those (b) Common Areas. The areas of land shown as outlots on any recorded subdivision plat of the Properties or so described as to use in a deed or other conveyance from Developer, and improvements thereto, which are intended to be devoted to the common use and enjoyment of the members. residents of the Neighborhood, comprising the:
• north side of the 7800 block of Tree Lane
• east and west sides of Oakbrook Circle
• area immediately north of Oakbrook Circle and between Crossbridge and Sandy Courts
• islands within Crossbridge, Oak Glen, Sandy, and Stonehedge Courts
• 28-foot-wide strips of land connecting Sandy and Stonehedge Courts and Crossbridge and Oak Glen Courts

1.6 “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties, a condominium unit where such may occur and an apartment unit where such may occur, with the exception of Common Area as heretofore defined.

1.7 Section 1.5: “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot lot; except that as to any Lot lot which is the subject of a land contract wherein the purchaser is in possession the term “Owner” shall refer to such person instead of the vendor.

Section 1.6: “Member” of OCSA shall mean and refer to all persons in these two (2) categories:

(a) Owners. Every Owner except persons or entities who hold an interest merely as security for the performance of an obligation, such as a land contract vendor whose purchaser is in possession. Membership in OCSA shall be appurtenant to and may not be separated from ownership of any lot and shall pass with the title to every lot.

(b) Long-Term Lessees. Every lessee of a lot who holds a written lease having an initial term of at least 12 months.

1.8 “Parcel” shall mean and refer to all platted subdivisions, declared condominiums or apartment buildings which are subject to the same Supplementary Declaration.

1.9 “Supplementary Declaration” shall mean any declaration of covenants, conditions and restrictions which may be recorded by the Developer, which extends the provisions of this Declaration to a Parcel and contains such complementary provisions for such Parcel as are herein required by this Declaration.

1.10 “Book of Resolutions” shall mean and refer to the document containing rules, and regulations, and policies adopted by the Board of Directors as same may be from time to time recorded and amended.

Section 1.7: “The Municipality” shall mean and refer to the City of Madison or any other city, village, or town which may obtain jurisdiction over the Neighborhood.

Section 1.8: “Family” shall mean and refer to “family” as defined for housing purposes in City of Madison the Municipality’s ordinances.

Article II Property Subject to This Declaration
Additions Thereto 2: Changes of Jurisdiction

2.1 Existing Property. The real property which is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Dane County, Wisconsin, and is more particularly described on Exhibit A. The term “existing property” as used in this Declaration shall refer to all property which is then subject to the provisions hereof.

2.2 Section 2.1: Additions to Existing Property. Added properties may become subject to this Declaration in the following manner:

(a) Additions by the Developer. The Developer, its successors and assigns OCSA shall have the right, but not any obligation, to bring within the scheme of this Declaration additional properties in future stages of development which are a portion of those lands described in Exhibit B or which are contiguous (defined as without intervening private land) to the lands described in Exhibit B Neighborhood by executing and recording with the Register of Deeds for Dane County, Wisconsin, one or more Supplementary Declarations of covenants and restrictions with respect to the additional property. Under no circumstances shall this Declaration or any Supplemental Declaration (except as specifically agreed therein) bind the Developer, its successors and assigns, OCSA to make any additions.

(b) Other Additions. Lands other than those described in Exhibit B or which are contiguous to those described in Exhibit B may be annexed to the Existing Property upon approval in writing of the Developer and of the Association, pursuant to a majority of votes of the Owners who are voting in person or by proxy at a regular meeting of the Association or at a meeting duly called for this purpose. The additions authorized under this subsection (b) shall be made by the Association executing and recording with the Register of Deeds of Dane County, Wisconsin one or more Supplementary Declarations of covenants and restrictions with respect to the additional property.

Section 2.2: Subtractions. OCSA may dedicate or transfer all or any part of the Common Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members.

(c) Section 2.3: Mergers. Upon a merger or consolidation of another association with the Association OCSA, its properties, rights, and obligations may, as provided in its articles of incorporation, by operation of law be transferred to another surviving or 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 OCSA as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Existing Property Neighborhood 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 within the Existing Property Neighborhood except as hereinafter provided.

Section 2.4: Approval. Changes of jurisdiction may be effected by amending this Declaration, setting forth a description of the affected property and any appropriate modifications to this Declaration which are not inconsistent with its general plan and purposes.

Article III Membership and 3: Voting Rights

3.1 Members. 

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 In all membership meetings of the Association OCSA, each lot . The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation, such as a land contract vendor whose purchaser is in possession. Such membership shall be appurtenant to and may not be separated from ownership of any Lot.

Every lessee of a Lot who holds a written lease having an initial term of at least 12 months shall also be a member of the Association.

3.2 Voting Rights. The Association shall have two classes of voting membership:

(a) Class A. Class A members shall be all Owners of Lots and shall be entitled to one vote for each Lot owned.

(b) Class B. The Class B member shall be the Developer, who shall have one vote. The Class B membership shall cease upon written notice to the Association no sooner than December 31, 1980, and no later than December 31, 1987. When more than one person holds interest or interests in Member is associated with any Lot lot, the vote shall be exercised as they among themselves determine. Any person or entity qualifying as a member of more than one class, may exercise those votes to which he is entitled for each such class of membership.

3.3 Proxies. The Class A and Class B members Members may give proxies for voting.

Article IV 4: Common Area Areas

Section 4.1: Obligations of the Association OCSA. The Association OCSA, subject to the rights of the Owners set forth in this Declaration, shall be responsible for the exclusive management and control of the Common Area Areas and all improvements thereon (including furnishings and equipment related thereto, if any), and shall keep the same in good, clean, attractive, and sanitary condition, order, and repair.

Section 4.2: Members’ Easement of Enjoyment. Subject to the provisions herein, every Owner Member shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, and every member shall have a right of enjoyment in the Common Area Areas.

Section 4.3: Extent of Members’ Easements. The members’ Members’ easements of enjoyment created hereby shall be subject to the following rights of OCSA to:

(a) The right of the Association to establish reasonable rules and to charge reasonable admission and other fees for the use of the Common Area Areas;

(b) The right of the Association to suspend the right of an Owner to use the recreational facilities, if any, for any period during which any assessment against his Lot remains unpaid for more than 30 days after notice; the right of the Association to suspend the right of a member to use the recreational facilities, if any, for a period not to exceed 60 days for any other infraction of this Declaration or the Book of Resolutions;

(c) The right of the Association to mortgage any or all of the facilities constructed on the Common Area Areas for the purposes of improvements or repair to Association OCSA land or facilities, pursuant to approval of the Class B member and of by a two-thirds of the votes (2/3) vote of the Owners who are voting in person or by proxy at a regular meeting of the Association or at a meeting duly called OCSA  for which the notice identified this purpose;

(d) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by the Class B member and two-thirds of the Owners agreeing to such dedication or transfer has been recorded.

Section 4.4: Delegation of Use. Any member Member may delegate his the right of enjoyment to the Common Area Areas and facilities to the family members of his family and to his guests, subject to such general regulations as may be established from time to time by the Association and included within the Book of Resolutions OCSA .

Section 4.5: Damage or Destruction of Common Area by Owner Member. In the event any Common Area is damaged or destroyed by an Owner a Member or any of his the Member’s guests, tenants, licensees, agents, or member of his family family members, such Owner Member does hereby authorize the Association OCSA to repair said damaged area; the Association OCSA shall repair said damaged area in a good workmanlike reasonable manner, in conformance with the original plans and specifications of the area involved, or as the area may have been modified or altered subsequently by the Association OCSA in (at the discretion of the Association OCSA). The amount necessary for such repairs shall become a special assessment upon the Lot lot of said Owner Member.

4.6 Title to Common Area. The Developer hereby covenants that it shall convey the Common Area to the Association, free and clear of all liens and financial encumbrances, not later than two years from the date such Common Area or portion thereof is subjected to this Declaration. Members shall have all the rights and obligations imposed by the Declaration with respect to such Common Area, except that the Association shall not be liable for payment of insurance and maintenance costs for such Common Area until title is conveyed.

Article V Covenant For 5: Maintenance Assessments

Section 5.1: Creation of the Lien and Personal Obligation of Assessments and Creation of Liens. The Developer OCSA hereby covenants, and each Owner of any Lot lot by acceptance of a deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association the following: (i) OCSA both annual general assessments or charges, (ii) and special assessments for capital improvements or extraordinary expenses, and (iii) annual or special parcel assessments or charges,; such assessments are to be established and collected as hereinafter provided. All such assessments, together with interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest thereon and costs of collection thereof, 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 5.2: General Assessment Assessments.

(a) Purpose of Assessment. The general assessment General assessments levied by the Association OCSA shall be used exclusively to promote for:
 • promoting the recreation, health, safety, and welfare of the residents of the Properties Neighborhood and in particular for the improvement, maintenance, and operation of the Common Area Areas and associated facilities, if any.
 • the operations of OCSA
 • legal and financial obligations

(b) Basis for Assessment.

(i) Residential Lots. Each Lot which has been conveyed to an Owner who is not the Developer shall be assessed at a uniform rate.

(ii) Developer-Owned Property. To the extent the Class B Member owns property which has been certified for occupancy, such property shall be assessed as provided above from and after January 1, 1980. The Class B Member shall also pay an annual assessment on the aggregate of all unimproved property it owns which is subject to this Declaration in an amount equal to 125 times the annual general assessment rate for residential lots for that year, less one-half of the previous year’s accrued general assessment income from residential lots; provided that the assessment under this section shall not be less than zero nor shall it serve to reduce the assessment levied on property which has been certified for occupancy. The first year’s assessment shall be prorated according to the number of months remaining in the year.

(c) Maximum Annual Assessment.

(i) Until January 1, 1982, the maximum annual general assessment shall be $25.00 per Lot.

(ii) From and after January 1, 1982, the Board of Directors may increase the maximum annual assessment rate by not more than 10% of the maximum for the current fiscal year, to become effective the first day of the next fiscal year.

(iii) From and after January 1, 1982, the assessment basis or the maximum annual general assessment may be changed by a vote of the Class B Member and two-thirds majority of the votes of the Owners who are voting in person or by proxy at a meeting duly called for this purpose.

(d) Method of Assessment. By a majority vote of the directors Budget and Levy. Annually, the Board shall fix the annual: 
 • adopt a budget for the following calendar year that anticipates the expenses for the obligations under Section 5.2 (a) and determines the revenues necessary to meet them  • levy a general assessment upon the basis provided above and at an amount not in excess of the current maximum, provided however, that the annual assessment shall be each lot sufficient to meet the obligations imposed by the Declaration. The Board shall set generate those revenues
 • set the date(s) such assessment assessments shall become due.

Section 5.3: Parcel Assessments.

(a) Purpose of Assessment. Parcel assessments shall be used for such purposes as are authorized by the Supplementary Declaration for the given Parcel.

(b) Method of Assessment. The assessment shall be levied by the Association against Lots in a Parcel, using the basis set forth in the Supplementary Declaration for the given Parcel, and collected and disbursed by the Association. By a majority vote of the directors, the Board shall fix the annual parcel assessment for each Parcel and date(s) such assessments become due, with the advice of the Owners of Lots in that Parcel.

5.4 Special Assessment for Capital Improvement or Extraordinary Expense Assessments. In addition to the annual general assessments authorized above, the Association OCSA may levy in any assessment year a special assessment assessments applicable to that year and not more than the next two succeeding years for the purpose of defraying, in whole or in part:, either (i) the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the any Common Area, including fixtures and personal property related thereto, and/or (ii) extraordinary expenses incurred in the maintenance and operation of the Common Area Areas and facilities, if any, or (iii) both; provided that any such assessment shall have the assent of the Class B Member and pursuant to approval by a two-thirds of the votes (2/3) vote of the Owners who are voting in person or by proxy at a special meeting of OCSA duly called for that which the notice identified this purpose. The Board shall set the date such assessments shall become due.

5.5 Special Parcel Assessment for Capital Improvement or Extraordinary Expense. In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment against the Lots of the Parcel for the purpose of defraying, in whole or in part: (i) the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Parcel, including fixtures and personal property related thereto, and/or (ii) extraordinary expenses incurred in the maintenance and operation of the Common Area and facilities, if any; provided that any such assessment shall have the assent of the Class B Member and two-thirds of the votes of the Owners of Lots in the Parcel who are voting in person or by proxy at a meeting duly called for this purpose.

5.6 Date of Commencement of Annual Assessments. The annual assessments provided for herein shall commence within a Parcel on the date of conveyance of the first Lot in the Parcel to an Owner who is not the Developer. The initial annual assessment on any Lot shall commence on, and be prorated to, the date of conveyance of the Lot to an Owner who is not the Developer or on the date of certification of the Lot for occupancy whichever first occurs.

5.7 Section 5.4: Uniformity. For both general and special assessments, each lot shall be assessed at a uniform rate.

Section 5.5: Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within 30 days after the due date may, upon resolution of the Board, incur penalties not to exceed the amount due; bear interest from the due date at a percentage rate no greater than the current statutory maximum annual interest rate, to be set by the Board for each assessment period; and include reimbursement for collection costs incurred by OCSA. Penalties and interest shall be assessed uniformly across all delinquent properties, except that the Board may grant relief in cases of hardship or good-faith efforts to make payment. The Association OCSA may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property in the same manner, and subject to the same requirements, as a foreclosure of mortgages on real property in Wisconsin, and there shall be added to the amount of such assessment actual costs and attorney’s fees incurred to collect the assessment. The Association OCSA may bid in on the Property delinquent property at foreclosure sale, and acquire, and hold, lease, mortgage, and convey the same. If the Association OCSA has provided for collection of annual or parcel assessments in installments, upon default in the payment of any one or more installments, the Association OCSA may accelerate payment and declare the entire balance of said assessment due and payable in full. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or Areas, abandonment of his Lot the Owner’s lot, or by any other means.

5.8 Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charge, and lien created herein: (i) 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; (ii) all Common Areas; (iii) all properties exempted from taxation by state or local governments 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, charges, or liens.

5.9 Annual Budget. By a two-thirds vote of the directors, the Board shall adopt an annual budget for the subsequent fiscal year, which shall provide for allocation of expenses in such a manner that the obligations imposed by the Declaration and all Supplementary Declarations will be met.

5.10 Section 5.6: Joint and Several Liability of Grantor and Grantee. Upon a voluntary conveyance, the grantee of a Lot lot shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor as provided in this article up to the time of the conveyance, without prejudice to the grantee’s right to recover from the grantor the amount paid by the grantee therefor. However, any such grantee shall be entitled to a statement from the Association OCSA setting forth the amount of such unpaid assessments, and any such grantee shall not be liable for, nor shall the Lot lot conveyed be subject to a lien for, any unpaid assessment against the grantor pursuant to this article in excess of the amount therein set forth. If the Association OCSA does not provide such a statement within 10 business fourteen (14) days after the grantee’s request, it is barred from claiming under against the grantee any lien which is not filed prior to the request for the statement against the grantee.

Article VI 6: Architectural Control

Section 6.1: The Architectural Review Board Committee. An Architectural Review Board Committee (“ARC”) consisting of three (3) or more persons shall be appointed by the Class B Member. At such time as the Class B membership expires, this Board shall be appointed by the Board of Directors.

Section 6.2: Purpose. The Architectural Review Board ARC shall regulate the external design, appearance, use, location, and maintenance of the Properties Neighborhood and of improvements thereon in such a manner so as to preserve and enhance property values and to maintain a harmonious relationship among structures and with the natural vegetation and topography.

Section 6.3: Conditions Rules. The ARC shall promulgate rules, subject to approval by the Board, for permitted and prohibited changes to properties, including objects and displays thereon; threshold conditions for required applications; and its own procedures.

Section 6.4: Controls. No improvements, alterations, repairs, change of paint exterior colors, excavations, changes in grade or other work which in any way alters the exterior of any structure or any Lot lot from its natural or improved state existing on the date such property was first conveyed in fee by the Developer to an Owner shall be made or done without the prior approval of the Architectural Review Board, except as otherwise expressly provided in this Declaration ARC. No building, fence, wall, residence, or other structure shall be commenced, erected, maintained, improved, altered, made, or done without the prior written approval of the Architectural Review Board ARC.

6.4 Procedures Section 6.5: Obtaining Approval. The Owner shall submit to the Architectural Review Board ARC plans and specifications showing the nature, kind, shape, height, materials, and location of any proposed improvements, alterations, or other changes to the Owner’s lot. In the event If, after thirty (30) days from submission, the Architectural Review Board ARC fails to approve, modify, or disapprove in writing an application within 30 days after plans and specifications in writing have been submitted to it, in accordance with adopted procedures, approval will shall be deemed granted. The applicant Applicants may appeal an adverse Architectural Review Board decision ARC decisions to the Board, of Directors who which may reverse or modify such decision decisions by a two-thirds (2/3) vote of the directors.

Article VII 7: Use of Property

Section 7.1: Protective Covenants.

(a) The property in a Parcel shall be subject to such protective covenants as are set forth in the Supplementary Declaration for that Parcel. Residential Use. All property within the Neighborhood shall be used, improved, and devoted exclusively to residential use with not more than one (1) family occupying each lot. Nothing herein shall be deemed to prevent the Owner from leasing a lot for occupancy by not more than one (1) family subject to all of the provisions of this Declaration. All property designated for residential use shall be used only as permitted in the Municipality’s residential zoning ordinances.

(b) Nuisances. “Nuisance” includes the term as defined in the Municipality’s ordinances as well as violations of rules promulgated by the ARC. No nuisance shall be permitted to exist or operate upon any property so as to be detrimental to any other property in the vicinity thereof or to its occupants.

(c) Restriction on Lot Modification. No lot shall be further subdivided or separated into smaller lots, nor shall any lots be combined, nor shall any portion less than all of any such lot, nor any easement or other interest therein, be conveyed or transferred away from its Owner, provided that this shall not prohibit corrective instruments, deeds to resolve boundary line disputes, and similar corrective instruments.

(d) Setback and Height. The ARC shall determine the front, side, and rear yard requirements for each lot, except that no houses shall be closer than three (3) feet to a side lot line or fifteen (15) feet to a rear lot line. On streets on which public sidewalks are installed the minimum setback shall be twenty (20) feet unless a lesser setback is approved by the traffic engineer or the traffic official designated by the Municipality. No houses shall be closer than ten (10) feet to each other. No first floor areas of single-family houses, including garages and porches and additions thereto, shall occupy more than thirty-five percent (35%) of the lot area the house is sited on. No building shall exceed the height of the lesser of two and one-half (2½) stories or thirty-five (35) feet above the adjoining street pavement grade.

(e) Other Restrictions. Upon conveyance of the first lot to an Owner, the Architectural Review Board The ARC shall adopt propose general rules, appropriate to the entire Neighborhood, to implement the purposes set forth in Section 6.2 and interpret the covenants in this section, including but not limited to rules to regulate animals, antennas, signs, storage and use of recreational vehicles, storage and use of machinery, use of outdoor drying lines, trash containers, planting, maintenance, and removal of vegetation on the Properties. Upon or before conveyance of the first Lot in any Parcel added to the Properties, the Architectural Review Board shall adopt general rules appropriate to that Parcel. Such general rules may be amended by a two-thirds vote of the Architectural Review Board, following Any substantive proposals, including substantive revisions to previous proposals, shall be presented at a public hearing for which due notice has been provided, and pursuant to an affirmative vote of may thereafter be adopted without amendment by a two-thirds (2/3) vote of the Board of Directors. All such general rules and any subsequent amendments thereto shall be placed in the Book of Resolutions.

(c) (f) Exceptions. The Architectural Review Board ARC may issue temporary permits to except any prohibitions expressed or implied by this section, provided the Board it can show good cause and acts in accordance with adopted guidelines and procedures.

Section 7.2: Maintenance of Property. Each Owner shall keep all Lots owned by it lot, and all improvements therein or thereon, shall be kept by its Owner in good order and repair and free of debris, including but not limited to the seeding, watering, and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management.

7.3 Developer’s Easement to Correct Drainage. For a period of five years from the date of conveyance of the first Lot in a Parcel, the Developer reserves a blanket easement and right on, over and under the ground within that Parcel to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any gradings of the soil, or to take any other similar action reasonably necessary, following which the Developer shall restore the affected property to its original condition as nearly as practicable. The Developer shall give reasonable notice of intent to take such action to all affected Owners, unless in the opinion of the Developer an emergency exists which precludes such notice.

7.4 Supplementary Declaration for Exhibit A Property. A Supplementary Declaration will also be recorded for the property described in Exhibit A setting forth responsibilities of the Association for such property as a Parcel, and further, rights and covenants affecting such Parcel.

Article VIII 8: General Provisions

Section 8.1: Duration. The covenants and restrictions of this This Declaration shall run with and bind the land for a term of 20 years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten years, unless at the expiration of the 20-year term or of any ten-year extension period the covenants and restrictions are in perpetuity, until it is expressly terminated by an instrument signed by not less than 75% approved by Owners of at least two-thirds (2/3) of the Owners Neighborhood lots and by the Developer, as long as the Developer owns any of the land described on Exhibit B. A termination must be recorded.

Section 8.2: Amendment. This Declaration may be amended at any time by an instrument approved by the Class B Member and by not less than 75% Owners of at least two-thirds (2/3) of the Owners Neighborhood lots. Any amendment must be recorded.

Section 8.3: Notices.

(a) To Members. Each Member is entitled to notice of each regular or special membership meeting, including its duly called purpose, if applicable, and any proposal to amend this Declaration. Such notices shall, at least fourteen (14) days in advance of any such meeting or proposal, be sent via e-mail (preferred) or first-class mail to the Member’s last known address and be posted on the OCSA website, if any.

(b) To Owners. Each Owner is entitled to notice of all general and special assessments. Such notices shall, at least thirty (30) days in advance of the date such assessments are due, be sent via first-class mail to the Owner’s last known address.

Section 8.4: Enforcement. The Association, OCSA or any Owner or the Developer shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or thereafter imposed by the provisions of this Declaration and of Supplementary Declarations Declaration. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

8.4 Section 8.5: Severability. Invalidation of any one of these covenants or restrictions by judgment, court order, or change of law shall in no way affect any other provisions, which shall remain in full force and effect.

IN WITNESS WHEREOF, James V. Burkhard, Inc., has caused this Declaration to be executed by its duly authorized officer on the day, month and year first above written.

On this the 11th day of April, 1970, before me, the undersigned officer, personally appeared James V. Burkhard who acknowledged himself to be the President of James V. Burkhard, Inc., a Wisconsin corporation, and that he as such officer being authorized so to do executed the foregoing instrument by signing the name of said corporation by himself as President and for the purposes therein contained.

The undersigned mortgagee of the property described on Exhibit A attached hereto hereby consents to and agrees to be bound by the provisions contained in the Declaration.

This instrument was drafted by John L. Horwich.