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202002679 <br />4.7.2 Mechanical Equipment. Window type air conditioners will not be allowed whether <br />installed in a window or a wall. <br />4.7.3 Antenna or Satellite Dishes. No antenna, aerial, satellite dish, or other device for <br />the transmission and/or reception of television or radio (including amateur or ham radio) signals <br />of any kind (collectively, "Antennae") will be allowed outside the Residence, except those <br />Antennae for which installation and use is protected under Federal law or regulations (generally, <br />certain antennae under one meter in diameter or less). To eliminate the possibility of <br />miscommunication and/or noncompliance of the Design Guidelines, Owners are required to apply <br />to the DRC for prior approval of Antennae installation. <br />If prior approval is not received from the DRC, the Owner accepts full responsibility and <br />cost for covering the violation to comply with Design Guidelines. Antennae must meet the <br />following guidelines: <br />(a) Antennae shall be designed to assure the minimal visual intrusion possible (i.e., is <br />located in a manner that minimizes visibility from the street or neighboring <br />properties) and preserve the Design Guidelines. <br />(b) Antennae shall comply to the maximum extent feasible with the Design Guidelines <br />within the confines of applicable Federal regulations (i.e., without precluding <br />reception of quality signal or unreasonably increasing the cost of the antenna). <br />(c) Dishes twenty-nine (29) inches or smaller in diameter are approved by the DRC for <br />rear or side locations, if appropriately screened and not within the 20 -foot setback. <br />Side house mounts are permitted at a minimum of fifteen (15) feet from the front <br />corner of the structure. <br />(d) Any transmission cable from a receiver to the Residence must be underground, as <br />provided in this Declaration. <br />The DRC review for approval or denial for any antenna or satellite dish must occur within <br />ten (10) days of the DRC's receipt of the request. A request shall be deemed to be approved if the <br />Owner has not been notified by the DRC of disapproval prior to the expiration of the 10 -day review <br />period. <br />4.7.4 Restriction of Owner Remedies. Notwithstanding the foregoing, however, by <br />accepting a deed to any Lot, each Owner covenants and agrees that he or she will not bring any <br />action, claim, or suit for damages against the Association, any member of the Board or of the DRC, <br />or the Declarant for any acts taken, or for any failure to take action, in reviewing and approving, <br />disapproving, or conditionally approving any matters pursuant to this Section. Rather, the sole <br />and exclusive remedy that any Owner may obtain for any violation of said regulations, or of any <br />other legal requirements pertaining to antennas or satellite dishes, shall be an action for specific <br />performance to require the approval of the placement of the same on the Lot in question. <br />4.8 Mineral Exploration. <br />No Lot shall be used in any manner to explore for or to remove any water, oil, or other <br />hydrocarbons, minerals of any kind, gravel, gas, or earth substance of any kind. No Owner shall <br />drill a well for the purpose of extracting water from the ground or construct a septic or sewage <br />disposal system on any Lot. <br />4.9 Trash Containers and Collection. <br />Declarant and Association reserve the right to provide or subcontract for garbage pickup. <br />In the event that Declarant or the Association provide or subcontract for garbage pickup, each <br />Owner agrees to contract with the Declarant or Association, or its designated subcontractor, for <br />his or her own garbage pickup. Garbage must be picked up a minimum of once per week at the <br />Owner's expense. All refuse, papers, and garbage bags shall be stored in proper refuse containers <br />between garbage pickup days. If refuse containers are provided by the contractor providing refuse <br />collection, such containers shall be the only ones used for refuse disposal. Garbage shall be placed <br />at curbside no sooner than the evening prior to the designated pickup day. Refuse containers or <br />recycling bins shall be kept in the garage and not visible on the street. Except as specifically <br />provided herein, refuse piles or other unsightly objects or materials shall not be placed upon the <br />Property. All receptacles or other equipment for the storage or disposal of refuse materials shall <br />Page 19 of 52 <br />