RESTRICTIONS FOR RICHMOND PARK SUBDIVISION

The following minimum restrictions are placed on each and every lot in Richmond Park Subdivision, a Subdivision located in the City of Dothan, Houston County, Alabama, which has been plated and subdivided into lots and streets as shown by the plat or map of the same which is recorded in the Office of the Judge of Probate of Houston County, Alabama, in Plat Book 10, Page 64.

1) Single Family Residences: The lots in the subdivision shall be used for single-family residential purposes.

2) Building Committee: No building shall be erected, altered, placed or permitted to remain on any building lot in this Subdivision until the external design and location have been approved by a Building Committee consisting of the Board of Directors or their designated representative. In the event the Building Committee fails to approve or disapprove such design or location within (30) thirty days after plans have been submitted to the Building Committee, which said submission shall be evidenced by written receipt from one or more members of the Building Committee, then the requirement of approval shall be deemed to have been waived. (This was transferred to the By Laws under 4.06)

3) Compliance with Zoning: The location and use of all structures built in said subdivision shall conform with the provisions of the zoning regulations of the City of Dothan, Alabama, then applicable at the time of construction. The minimum construction setback lines (5 feet for sheds, see # 12 and 30 feet for houses to street) shall be those shown on the recorded plat of the Richmond Park Subdivision.

4) Nuisance: No noxious or offensive trade or activity shall be carried on upon any residential lot, and no activity shall be done thereon which may be or become any annoyance or nuisance to the neighborhood.

5) Other Structures: No trailer, mobile home, basement, tent, garage or other outbuilding shall be erected on any residential lot for use of temporarily or permanently at a residence, and no structure of a temporary character shall be used as a residence.

6) Structure Size: A single-family dwelling shall have a ground floor area of the main structure, exclusive of open process, garages, and outbuildings of at least sixty percent (60%) of the total square footage allocated for the structure. No carports allowed. Garages must be enclosed on all sides. Single-family dwellings that do not have a garage must have a ground floor area of the main structure, exclusive of open porches and outbuildings of 1450 square feet.

7) Roof Pitches: All roof pitches are to be a minimum of 6 on 12 on main body of home. Also applies to storage buildings where the minimum of 4 on 12 will be allowed, but the preferred pitch is 6 on 12.

8) Brick: The front of all single-family dwellings must consist of at least seventy-five percent (75%) brick.

9) Mailboxes: Mailboxes must be obtained from Richmond Park Homeowners Association.

10) Landscaping: Each lot requires that two (2) trees (maple, pen oak or crepe myrtle, etc.) be planted by builder. Vacant lots are to be maintained to the standards a regular yard would be maintained, except the grass height should not exceed 12 inches in height. If lots are not kept to standards, a Richmond Park Home Owner’s Association (RPHOA) Board member will contact RPHOA’s yard service to get lot into standards and RPHOA will bill the lot owner. Fee for this service is set by RPHOA’s yard service which will be approximately $65 per cut. Fee will be expected to be paid promptly when bill is rendered.

11) On Street Parking: The street shall not be used for parking any vehicle on a regular basis.

12) Side Line Setback: No building shall be constructed nearer than give (5) feet to any side of the property line.

13) Excavations: No excavation, except such as is necessary for the construction of improvements, shall be permitted.

14) Compatibility Requirements: Each building shall be located on a residence home site in the subdivision so that it is in harmony and is compatible with other homes and home sites in the immediate vicinity. Decisions on this matter will be made by the Building Committee.

15) Property Owners Organization: A Board of Directors shall be instituted to provide an effective means to obtain an adherence to these protective covenants. This shall insure the upkeep of the entrance way, park and all common areas and any other restrictions.

16) Requirements for Swimming Pools, etc.: Swimming pools or similar structures may be installed only after obtaining written approval as to type, location, construction material and design from the Building Committee.

17) Easements: Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.

18) Signs: No sign of any kind shall be displayed to the public view of any lot except on a professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by builder to advertise the property during the construction and sales period.

19) Oil and Mining Operations: No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot. No derrick or other structures designed for use in boring for oil or natural gas shall be reedited, maintained or permitted upon any lot.

20) Livestock and Poultry: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except dogs, cats or other household pets may be kept provided they are not kept, bred and maintained for any commercial purpose.

21) Disposal of Refuse: No garbage, trash, ashes, inoperative vehicles (that have been inoperative for more than thirty (30) days, junk or other waste shall be thrown or dumped on any lot, park, street or alley in the subdivision or permitted to remain upon any such place. All incinerators or other equipment for the storage of, or disposal of, such material shall be kept in a clean and sanitary condition.

22) Drying of laundry: No structure or apparatus may be constructed for the outdoor drying of laundry or wash unless such structure or apparatus is enclosed in such a way so that it is not visible to the public or adjoining lot owners from a distance greater than twenty-five (25) feet.

23) Walls and Fencing: No fence or wall shall be erected or placed upon any lot unless the same shall be constructed of wood or masonry or equivalent; and the design, construction and location of such fence or wall shall be expressly approved by the Building Committee. Fencing or walls shall be limited to: (1) Wooden privacy fences, at least 6 feet tall, around back yard and not come up past the back one-third (1/3) of house on the side.

24) Storage Building: No storage building shall be erected or placed upon any lot unless the same be constructed with the same kinds of materials and workmanship as used in the main dwelling, and the design, construction, and location of such building shall be expressly approved by the Building Committee. Also, see items 2, 3, 4, 5, 7, 12, 13, 14 and 17.

25) Satellite Dishes and Antennas: No towers, conductors, converters, satellite dishes, or other facilities or equipment for the reception of audio or video broadcasts directly from satellites or otherwise shall be maintained on any lot unless the same shall be located directly behind the main dwelling inside a privacy fence and the structure not to exceed six (6) feet tall; and the design, construction and location shall be approved in writing by the Building Committee prior to installation. No antenna shall be erected or maintained on any lot without the prior written approval of the Building Committee.

26) Invalidation of any Covenants: Invalidation of any of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect.

27) Attorneys Fees and Court Costs: If the party attempting to enforce these restrictions shall prevail in any proceedings at law or at equity, such party shall be entitled to recover reasonable attorney fees and court costs, which will be assessed against the party which is found to be in violation of such restrictions.

28) Abatement or Removal of Violations: Violation of any restriction or covenant, except such violations as have been waived by failure to take action as provided in paragraph 2 herein, shall give the Richmond Park Subdivision Building Committee, or its duly designated representative, the right to enter upon the property where such violations exist and summarily abate or remove the same at the expense of the owner and such entry and abatement or removal shall not be deemed as trespass.

29) These covenants and restrictions are to run with the land, and shall be binding on all parties and persons claiming ownership thereto.

30) If the parties hereto, or any of them, or their heirs or assigns, violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said subdivision to prosecute a suit at law or in equity against the person or persons violating or attempting to violate these covenants for the purpose of preventing them from so doing, or to recover damages for such violation.