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202002679
<br />that (a) any necessary cleanup work or damages attributable to the Owner or the Owner's
<br />employees, agents, contractors, subcontractors, or suppliers has been properly performed, repaired,
<br />or replaced, as applicable, (b) all costs attributable to the Owner in connection therewith have been
<br />paid in full, and (c) the Construction or Modification was made in accordance with the plans and
<br />specifications approved by the DRC.
<br />The liability of an Owner to promptly cleanup such Owner's Lot and any Common Area
<br />and to repair or replace any Improvements damaged or destroyed by an Owner or the Owner's
<br />employees, agents, contractors, subcontractors, or suppliers shall not be limited to the amount of
<br />such Owner's Compliance Deposit, and in no event shall the posting of a Compliance Deposit
<br />limit or prejudice the right of the DRC or the Association to pursue any available legal remedies
<br />against the Owner or any of Owner's employees, agents, contractors, subcontractors, or suppliers
<br />causing the need for cleanup or causing the damage or destruction.
<br />ARTICLE 4
<br />USE RESTRICTION
<br />4.1 Residential Use.
<br />All Lots and Residences shall be used, improved, and devoted exclusively to residential
<br />use. No trade or business may be conducted on any Lot or in or from any Residence, except that
<br />the Owner of a Residence may conduct business activity within the Residence so long as (a) the
<br />existence or operation of the business activity is not apparent or detectable by sight, sound, or
<br />smell from outside the Residence; (b) the business activity is a legal activity and conforms to all
<br />applicable zoning ordinances or requirements for the Project; (c) the business activity does not
<br />involve persons coming to the Lot to purchase goods or services or the door-to-door solicitation
<br />of Owners or Residents in the Project; (d) the use of the Residence for trade or business in no way
<br />destroys or is incompatible with the residential character of the Residence or the surrounding
<br />neighborhood; (e) the trade or business is conducted only inside the Residence and does not
<br />involve the viewing, purchasing, or taking delivery of goods or merchandise at, to, from, or in any
<br />Residence; (f) the trade or business is conducted by a Resident or Residents with no employee
<br />working in or from the Residence who is not a Resident thereof; (g) the volume of vehicular or
<br />pedestrian traffic or parking generated by such trade or business does not result in congestion or
<br />is not in excess of what is customary in a residential neighborhood; (h) the trade or business does
<br />not utilize flammable liquids or hazardous materials in quantities not customary to a residential
<br />use; and (i) the use of the Residence for a trade or business does not violate any other provision of
<br />the Community Documents.
<br />The term "business" and "trade" as used in this Section shall be construed to have ordinary,
<br />generally -accepted meanings and shall include without limitation any occupation, work, or activity
<br />undertaken on an ongoing basis that involves the provision of goods or services to persons other
<br />than the provider's family and for which the provider receives a fee, compensation, or other form
<br />of consideration, regardless of whether (a) such activity is engaged in full or part time, (b) such
<br />activity is intended to or does generate a profit, or (c) a license is required for such activity.
<br />4.2 Temporary Occupancy and Temporary Buildings.
<br />No trailer; basement of any incomplete building, tent, shack, garage, or barn; and no
<br />temporary buildings or structures of any kind shall be used at any time for a Residence, either
<br />temporary or permanent. Temporary buildings, trailers, or other structures used during the
<br />construction of Improvements approved by the DRC shall be removed immediately after the
<br />completion of construction, and in no event shall any such buildings, trailers, or other structures
<br />be maintained or kept on any Property for a period of more than six months without the prior
<br />written approval of the DRC.
<br />4.3 Nuisances; Construction Activities.
<br />No rubbish or debris of any kind shall be placed or permitted to accumulate on any Lot or
<br />other Property, and no odors or loud noises shall be permitted to arise or emit therefrom, so as to
<br />render any such Lot or other Property, or any portions thereof or activity thereon, unsanitary,
<br />unsightly, offensive, or detrimental to any other Lot or Property in the vicinity thereof or to the
<br />Residents. No condition shall be permitted to exist or operate upon any Lot or other Property so
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