To save you from reading through everything our lawyer prepared, here a summary of the two areas people ask about most: homes styles and Association dues.

1. Homes are a minimum of 1500 square feet of heated space and no more than 2 stories tall (excluding a daylight walk-out basement which can serve as a third floor). They are to be built on site using either wood siding or Hardiplank exterior, with natural earth tones for exterior colors. Log homes are welcome. Guest cottages are to be a minimum of 750 square feet of heated space. All buildings are to be placed further than 20' from the property line. Construction is to be finished one year from when it starts.
    
2. The Association assessment as of January 1, 2007 is $300 for undeveloped lots and $500 for single family dwellings.

If you'd like to read the covenants in detail, we've reprinted them below.

DECLARATION OF RESTRICTIVE COVENANTS, EASEMENTS, AND CONDITIONS FOR SILVERCREST, A SUBDIVISION

 THIS DECLARATION made this 27^th day of November 2006, by ASCENT DEVELOPMENT, LLC (hereinafter referred to as "Declarant"); W I T N E S S E T H : THAT WHEREAS, the Declarant is the owner and developer of real property located in Burningtown Township, Macon County, North Carolina, as described in the deed dated July 5, 2005, from Ray A. Williams and wife, Linda R. Williams, recorded in Book J-29 at Pages 884-886, Macon County Public Registry; and WHEREAS, the Declarant is in the process of developing and subdividing said real property into a subdivision known as Silvercrest (the “Subdivision”); and WHEREAS, the Declarant intends to sell and convey the Lots within the Subdivision and, before doing so, desires to impose upon them mutual and beneficial restrictions, covenants, equitable servitudes, and charges, under the general plan or scheme of improvements for the benefit of all Lots in the Subdivision and for the benefit of the Owners and future Owners thereof.

NOW, THEREFORE, the Declarant declares that all of the Lots in the Subdivision are held and shall be held, conveyed, and hypothecated, or encumbered, leased, rented, used, occupied, and improved subject to the provisions of this Declaration, all of which are declared by the Declarant, and agreed by Declarant's successors in title, to be in furtherance of a plan of development established for the purpose of enhancing and protecting the value, desirability, and attractiveness thereof. 

The provisions of this Declaration are intended to create mutual and equitable servitudes upon each of the Lots in favor of each and all other Lots; to create reciprocal rights between the respective Owners of all of the Lots; to create privity of contract and privity of estate between the Owners of the Lots, their heirs, successors and assigns, and to operate as covenants running with the land for the benefit of each and all other Lots and parcels in the Subdivision and their respective Owners, present and future. 

Definitions 

The following terms used in this Declaration are defined as follows:

 A. "Association" means Silvercrest Property Owners' Association, Inc., as more fully defined herein below. 

B. "Declarant" means Ascent Development, LLC.

 C. "Owner" or "Lot Owner" mean (1) any person, firm, corporation, other legal entity, or combination thereof, who or which holds fee simple title to any Lot, or (2) any person, firm, corporation, other legal entity, or combination thereof, who or which has contracted to purchase fee simple title to any Lot pursuant to a written agreement, and which written agreement entitles such person, firm, corporation, legal entity, or combination thereof, to the exclusive right to possess and control such Lot, in which case the record fee simple owner of such Lot shall for the purposes of this Declaration cease to be the "Owner" of such Lot for so long as said agreement is legally effective.

 D. "Plat" means any and all recorded survey plats of the Subdivision, or any portion thereof, or any lands added to the Subdivision.

E. "Single Family Dwelling" means a residential dwelling for one or more than one person, and if more than one person, persons related to each other by blood, marriage, or legal adoption, or in the alternative, a group of not more than four adult persons not so related who shall maintain a common household in such dwelling.

F. "Subdivision"  means the Lots shown on the Plat and any and all real property added thereto that are subjected to this Declaration, or to this Declaration as amended.

G. "Lot" means any one or more of the Lots or other tracts or parcels created within the Subdivision or added to the Subdivision by recorded survey plat or by other means. 

The Association 

1. MEMBERSHIP. Each Lot and each Lot Owner shall and must automatically be a member of the Association.  Each Lot and each Lot Owner shall be subject to all duly adopted articles, by-laws, rules and regulations, and resolutions of the Association.  The by-laws of the Association are incorporated by reference herein.

2. AUTHORITY. The Association shall have as its primary function the obligation to maintain and repair the roadways in the Subdivision after their construction by the Declarant and to maintain, repair and take other necessary actions with respect to such water systems, other systems, facilities and amenities, and common areas in the Subdivision as are installed by the Declarant and assigned to the Association or as are conveyed by the Declarant to the Association. All such roadways, water systems, and other systems, facilities and amenities, the maintenance and repair responsibility of which is that of the Association, shall be maintained and repaired up to a standard at least as good as the same are in at the time the Association commences having responsibility for the same.  The Declarant shall not have any responsibility to maintain the Subdivision roads except in the manner of any other Lot Owner.

3. ASSESSMENTS. Each Lot shall be assessed its share of the costs of the maintenance, repair and upkeep of the roadways maintained by the Association, provided, however, that the Declarant shall not be assessed for any reason for more than three (3) Lots. Each Lot which has rights to any well or water system or other systems, facilities and amenities, or common areas which the Association has the obligation to maintain and repair shall be assessed its share of the costs of the maintenance and repair of the same. All unimproved Lots shall be assessed the same amount and all improved Lots shall be assessed the same amount. The Association shall periodically, at least annually, assess each Lot Owner for his share of the costs and expenses of the maintenance, repair and upkeep of the roads, water systems and other systems, facilities, amenities, and common areas, the maintenance responsibility for which is that of the Association.  Payment of such assessments shall be due thirty (30) days after notice thereof is sent.  The initial assessment shall be $500 per calendar year per Single Family Dwelling and $300 per calendar year per undeveloped Lot, commencing January 1, 2007.
4. DELINQUENCIES. Any such assessment that has not been paid within said thirty (30) day period shall be deemed delinquent and shall commence bearing interest from such time at the rate of eighteen (18%) percent per annum. Any assessment levied against any Lot which so becomes delinquent shall constitute a lien upon such Lot when filed of record in the office of Clerk of Superior Court for Macon County, North Carolina, in the manner provided therefore by Article 2 of Chapter 44A, Statutory Liens on Real Property, of the North Carolina General Statutes, or its successor statute.  The claim of lien shall be filed in the name of the Association.  The Association shall have the right to proceed in its own name in any court of competent jurisdiction.  Such claim of lien may be foreclosed in a like manner as a mortgage on real estate under the Power of Sale under Article 2A of Chapter 45 of the General Statutes. If any delinquent assessment is placed in the hands of any attorney for collection, there shall be added to the amount due all costs of collection, including all reasonable attorney's fees. The lien shall include the amount of all interest which accrues and continues to accrue upon the assessment, and shall include the aforementioned costs of collection and attorney's fees. All assessments, interest, costs and attorney's fees shall be and constitute the personal joint and several obligation of each Lot Owner.  The Association or any other Lot Owner may bring an action against the Lot Owners in default to seek a money judgment for the amount of the assessments, interests, costs of collection and attorney's fees. Any person may purchase the Lot at any sale ordered pursuant to an action to foreclose the lien.

5. ADDITIONAL POWERS. The Association shall have such other and further powers as may be adopted and set forth in its by-laws as may now be in existence or may be adopted in the future, provided the Association may not supersede its limitation as to the number of Lots for which it may assess the Declarant.

 Architectural Review Committee 

6. ESTABLISHMENT AND OPERATION. There is hereby established for the Subdivision an Architectural Review Committee to ensure the development of the Subdivision and the improvement of the Lots therein in accordance with this Declaration, and to control the type, nature, and design of all building, structures, and other improvements constructed within the Subdivision.  The Declarant shall have the right to appoint the members of the Architectural Review Committee, unless and until the Declarant shall assign such right and responsibility to the Association, in which event the Board of Directors or other governing body of the Association shall constitute, or shall have the right to appoint, the members of the Architectural Review Committee.  At all meetings of the Architectural Review Committee, two-thirds of its members shall constitute a quorum, and shall act by majority vote and keep proper records and minutes. 

7. REQUIRED APPROVALS. No principal residence, garage or storage building shall be erected, placed, or altered on any Lot within the Subdivision until the proposed building and plot plans showing detailed specifications, elevations, dimensions, exterior color and finish, location of improvements, drives and parking areas shall have been specifically approved in writing by the Architectural Review Committee.  The Declarant reserves the right to approve the builder and may, from time to time, compile a list of approved builders.  In addition, no swimming pool, wall, fence, hedge used as a wall, or other structure or man-made improvement whatsoever shall be erected, placed or altered on any Lot within the Subdivision until the same shall have been specifically approved in writing by the Architectural Review Committee.  No land clearing, filling, grading, or landscaping shall be done on any Lot within the  Subdivision until the plans for the same shall have been specifically approved in writing by the Architectural Review Committee.

8. REVIEW OF PLANS. All plans, specifications, and other requests submitted to the Architectural Review Committee must be submitted in writing at least twenty (20) days prior to the anticipated commencement of the proposed work.  All submissions to the Architectural Review Committee shall contain the name, address, and telephone number of the Lot Owner, and the name, address, and telephone number of any contractor or architect involved.  In reviewing such plans, specifications and requests, the Architectural Review Committee shall take into consideration the harmony of exterior design, color, and location of all proposed improvements in relation to other structures and Lots in the Subdivision.  The Architectural Review Committee shall have the authority to grant variances to the setback requirements contained in Paragraph 14 herein.  The Architectural Review Committee shall transmit its decision to the affected Lot Owner within fifteen (15) days of receipt by it of all information required or needed to make its decision.

9. AUTHORITY OF THE COMMITTEE. Every Lot Owner agrees for himself, his heirs, successors and assigns, by the acceptance of his deed, that the Architectural Review Committee shall have total authority to accept or reject  any plans or requests submitted to it and that refusal or approval of plans, locations, specifications, or other requests may be based by the Architectural Review Committee upon any grounds including purely aesthetic considerations.  Provided, however, the Architectural Review Committee may not act arbitrarily or unreasonably.

Restrictions on Construction

10. PERMITTED BUILDINGS. Only one Single Family Dwelling may be constructed per Lot.  No other buildings of any kind may be constructed, except that for each Single Family Dwelling constructed, a  two- or three-car detached garage may be constructed, and one small storage building may be constructed provided prior written permission is obtained from the Architectural Review Committee; further provided, after a principal residence has been completed, a guest cottage may be constructed. Should any ancillary structures be erected, they shall have the same style and color roof shingle, and the same color, style and material for exterior siding, as the main building on the Lot.  No ancillary buildings shall be rented. No house trailer, mobile home, travel trailer, manufactured home, or any type of temporary housing shall be placed or located upon any Lot as a residence.

11. SIZE OF BUILDINGS. Each principal residence constructed on any Lot shall consist of not less than 1500 square feet of enclosed heated floor space if the residence contains a single floor, and not less than 2000 square feet of enclosed heated floor space if the residence contains two floors. Each guest cottage constructed on any Lot shall consist of not less than 750 square feet of enclosed heated floor space. No building may exceed 2 stories in height.  

12. CONSTRUCTION MATERIALS. All dwellings shall be constructed on site. All buildings placed or constructed on any Lot shall have a solid, continuous masonry foundation or shall be underpinned with masonry.  No building constructed on any Lot shall have tar paper, asbestos, unfinished plywood, metal, stucco or rough-hewn irregular edged type siding.  No building constructed on any Lot shall have an exposed metal chimney.  No building constructed on any Lot shall have visible concrete blocks, and any and all concrete blocks used in construction on any Lot shall be covered with stone, brick,  wood or similar siding.  Concrete block foundations (which must be covered) may be covered with stucco.  The exterior siding used should be made of  wood or Hardiplank; vinyl and aluminum siding are not permitted. The exterior colors of all buildings constructed in the Subdivision shall consist of earth tones, and no bright colors may be used.  Any log homes constructed in the Subdivision must be in compliance with all applicable building codes and must be approved in writing in advance by the Architectural Review Committee or the Declarant. 

13. ROOF CONSTRUCTION. No building constructed on any Lot shall have a mansard type roof or flat roof.   No residence or garage constructed or placed on any Lot shall have a metal roof unless approved in writing in advance by the Architectural Review Committee or the Declarant.  Asphalt composite shingle roofs shall be of the architectural style rather than three-tab style.  No roof shall be a bright color. 

14. PLACEMENT OF BUILDINGS. No residence, building, or any other structure shall be built or maintained within 20 feet from any property line or the edge of any roadway easement, unless a variance is first obtained in writing from the Architectural Review Committee.  This restriction shall not apply with respect to the interior boundaries between Lots being improved as a unit.
15. INSTALLATION OF UTILITIES. Primary electrical lines installed by arrangement of the Declarant for the purpose of furnishing electrical power into the Subdivision and to the Lot boundaries may be installed underground or overhead, in the discretion of the Declarant. Secondary electrical lines that are installed upon any Lot leading from the primary electrical lines into the Lot must be installed underground. All other utility lines, including all telephone, cable television, water and sewer lines, installed in the Subdivision shall be installed underground. All water systems and septic disposal systems shall be constructed and installed in accordance with the rules and regulations of authorities with jurisdiction, as from time to time amended, and no outside toilets shall be built upon any Lot.

16. DRAINAGE. Each Lot Owner shall maintain a 15" or larger drain tile on any portion of his Lot where a driveway crosses or any other thing obstructs a drainage ditch.  All soil disturbing activities, including without limitation, grading house sites, constructing driveways, and landscaping, regardless of their extent, must conform to prevailing laws and regulations regarding erosion control, both during construction and afterward, and must not impair the erosion control measures previously installed by the Declarant.

17. DAMAGE TO ROADS. If any person damages the Subdivision roads or common properties for any reason, that person shall be responsible for paying to repair the same to the original condition.  Each Lot Owner shall, before the beginning of construction of a dwelling on any Lot, pay to the Association for the maintenance and repair of the Subdivision roads the sum of $500.00, which shall be applied directly to the costs of maintenance and repair of said Subdivision roads.  If construction on any Lot causes damage to the Subdivision roads in excess of $500.00, the Owner of such Lot shall pay to the Association such amount as is necessary to repair the road to its original condition. If the Lot Owner fails to do so, the Association shall have the road repaired and assess the Lot Owner for the amount needed to restore the road to its original condition. The Association shall have the same enforcement authority with respect to such assessments as is set forth in Paragraph 4 hereinabove.
18. DURATION OF CONSTRUCTION. All exterior construction of any building shall be completed within one year after it has commenced. The landscaping and grassing of each Lot shall be completed within one year from the time any construction begins on any Lot. 

Use of Lots 

19. RESUBDIVISION AND EASEMENTS. No Lot may be re-subdivided, except by Declarant.  No Owner or subsequent Owner of any Lot may grant an easement or right of way across the Lot for any reason or at any time to any person or entity other than the Declarant or its successors and assigns unless the same shall first be approved in writing by the Declarant, its successors and assigns.
    In the event that two or more Lots are improved as a single unit, and in the event the Owner of such Lots shall record a declaration permanently combining the Lots as one single Lot, then the provisions herein relative to setbacks and easements as they affect the common boundaries between the combined Lots shall not apply (unless said easements have already been placed into use); further, subsequent to the recording of such declaration, the combined Lots shall be assessed as a single Lot.  Once so combined, the Lots may not be subsequently re-subdivided unless the Association consents to the re-subdivision and the Owner of the Lots pays to the Association an amount of money equal to the assessments the Association would have received if said Lots had never been combined, together with interest at the rate of 10% per annum from the time the assessments would have been due.
20. RESIDENTIAL USE. Each Lot shall be used for residential purposes only, and no manufacturing establishment, factory, public garage, sanitarium or hospital, motel, hotel, trailer park, apartment building, condominium, multi-family housing building, or any building of similar nature may be maintained on the same. No commercial or business activities may be carried out on any Lot, except that this provision shall not prohibit the leasing or renting of any dwelling on any Lot for any length of time and shall not prohibit in-home businesses or offices that do not invite the general public upon the premises. 

21. UNSIGHTLY ACTIVITIES. No Lot or any part thereof shall be used for a junk yard or for any unsightly or obnoxious purposes.  Activities which may tend to cause disorderly, unsightly or unkempt conditions shall not be pursued or undertaken in the front yard of any Lot, or in any driveway, garage, carport, or other place where such condition is visible from any road or from any other Lot, including without limitation the assembly and disassembly of motor vehicles and other mechanical devices. 

22. APPROVED ANIMALS. No animals may be kept and maintained on any Lot, except that this restriction shall not prohibit the keeping of a reasonable number of usual household pets, provided said usual household pets are at all times confined to the Owner's Lot or are allowed outside the Owner's lot only in the presence of the Owner and under the immediate control of the Owner.  No animal may be maintained on any Lot if it makes such an amount of noise at to frequently or habitually disturb Owners of other Lots. No pet shall be tied or chained on any Lot for extended periods.

23. CONDITION OF LOT. No unsanitary, offensive or unsightly conditions shall be allowed on any Lot.  Any campers, travel trailers, boats, trucks used for commercial purposes, or similar vehicles, which are kept or maintained on any Lot shall be stored in an enclosed or screened area out of the view of other Lots in the Subdivision and roads in the Subdivision.  No swing sets, sculptures, statues, or other artificial yard toys or adornments will be permitted on any Lot without the express prior written permission of the Architectural Review Committee.  No fuel tanks or similar storage receptacles may be maintained on any Lot unless the same are installed within a building, are buried under ground, or are otherwise installed so that they are not visible from any place outside the Lot.
    All Lots shall be kept in a reasonably sightly condition, with grass, weeds and other vegetation reasonably trimmed in order to prevent unsightly or unsanitary conditions. All grassed areas shall be kept mowed on a regular basis at least every 4 weeks between May and October of each year.  All Lot driveways, where visible to the public, must be maintained and mowed/weeded.  An easement is reserved by Declarant, its successors and assigns over all Lots to mow grass if an Owner allows it to become too high, and is authorized to contract for the work to be done and assess the Lot owner for the expense incurred.
24. DECORATIONS. No flagpole extending beyond seven feet in height or length shall be erected upon any lot or attached to any structure upon any lot, and no flag may be flown for any reason at any time except the flag of the United States of America or the flag of the State of North Carolina unless approved in writing in advance by the Architectural Review Committee or the Declarant.  No decorative items such as statuettes or renderings of animate or inanimate objects may be erected or maintained upon any Lot unless the same are installed so that they are not visible from any place outside the Lot and are approved in writing in advance by the Architectural Review Committee or the Declarant.

25. TRASH DISPOSAL. All trash, garbage, and waste shall be kept in sanitary, closed receptacles.  All garbage cans and similar receptacles shall be kept in an enclosed or screened area, so that the same will not be visible from other Lots in the Subdivision or roads in the Subdivision.  No burning of garbage shall be done or permitted on any Lot in the Subdivision.

26. NOISE AND LIGHT POLLUTION. In order to minimize noise pollution, the use of motorized lawnmowers, lawn tractors, grass trimmers, garden tillers, chain saws, blowers and other equipment (including but not limited to equipment with electric motors and gasoline powered engines) shall be prohibited before 8:00 a.m. and after 9:00 p.m.  Activities which include the playing of loud music and/or having loud and/or late night parties are prohibited.  No hunting of wildlife shall be permitted within the bounds of the Subdivision. No firearms, explosives, bows and arrows, slingshots or other weapons shall be shot or discharged within the Subdivision.  In order to minimize light pollution and to preserve the night views in the Subdivision, outside lights  must be shielded so that the bulb or other light source is not directly visible from any road or other Lot, and must be turned off when not in use for an outdoor activity.  The use of motion detectors to activate lights for security purposes is permitted.

27. RESTRICTED VEHICLES. No Owner or Owners of any Lot shall operate or permit to be operated by those under their control, or by those who ought to be under their control, motorcycles, three wheelers, four wheelers, ATV's, off-road vehicles or similar vehicles within the Subdivision, except for legitimate purposes of transportation into and out of the Subdivision.  It is the intention of this restriction to prohibit sport riding or joy riding upon motorcycles and similar vehicles within the Subdivision.  No vehicle may be operated within the Subdivision unless it is currently and legally licensed and insured.  Any operator of any motorized vehicle within the Subdivision must have a valid driver license.

28. PROVISION FOR PARKING. Each Lot Owner shall provide adequate parking space for motor vehicles on his or her Lot.  Parking on the Subdivision roads or within the rights of way thereof is prohibited.  All parking areas and driveways on all Lots must be surfaced completely and thereafter maintained with gravel, concrete, asphalt or other appropriate paving material.  No unlicensed or inoperable vehicles may be maintained or kept on any Lot in the Subdivision.

29. SIGNS. Except for the rights reserved by Declarant in Paragraph 38 herein, no sign of any kind shall be displayed to the public view on any Lot, except that with the prior written approval of the Architectural Review Committee, a sign displaying the owner's name or a sign advertising the property for sale or rent may be maintained.

30. CUTTING OF TREES. Except for the rights reserved by Declarant in Paragraphs 37 and 38 herein, no tree having a diameter of twelve (12) or more measured one (1) foot above the ground shall be cut or removed from any Lot without the express prior written permission of the Architectural Review Committee, unless such removal is necessary to effect the implementation of building plans already approved by the Architectural Review Committee, or the tree is damaged by disease or lightening and poses a threat to the structures on the Lot or an adjoining Lot. Lot Owners may limb or top trees on their Lot to allow a view from their primary residence.
31. ANTENNAE. No permanent or temporary antennae of any kind for television, radio, short-wave, or any other use may be erected, placed, maintained, or located upon any Lot without the express prior written permission of the Architectural Review Committee, and any antennae approved by the Architectural Review Committee must be installed, painted and maintained in such a way as may be from time to time provided by the Architectural Review Committee.  The provisions of this restriction specifically include dish and saucer type antennae larger than 18 inches in diameter.

32. MAILBOXES. All mailboxes must be of a uniform design and color established by the Architectural Review Committee or the Declarant and must be approved in advance by the Architectural Review Committee or the Declarant before being erected. Declarant may, but is not obligated to, install grouped mailboxes for the use of Lot Owners, in which event all Lot Owners will be required to use said mailboxes in lieu of individual mailboxes.

33. WATER SYSTEMS. The Declarant may, but is not obligated to, create well and water systems and other systems, facilities and amenities within the Subdivision.  If any well and water systems or other systems, facilities or amenities are created by the Declarant in the Subdivision, the Declarant shall have the right, but not the obligation, to assign the obligation for the maintenance and upkeep of the same to the Association. 

34. MAINTENANCE OF ROADS. The Declarant shall have the responsibility of constructing all roads up to the standard of a well-graded, well-graveled, well-ditched, and well-drained road, but after  such construction the Declarant shall not have any further responsibility with regard to the roads, and the maintenance and upkeep of said roads shall be the responsibility of the Association.  Only the Declarant shall have the authority to name or change the names of roads in the Subdivision.

Reservation of Rights and Easements

35. UTILITY EASEMENTS. Declarant reserves unto itself, its successors and assigns, and reserves and grants to the Association, to Duke Energy Corporation and to all other public utility companies, a perpetual, alienable and releasable easement and right of way on, over, and under the ground to erect, maintain, and use electric and telephone poles, wires, cables, and conduits, sewers, water mains, and other suitable conduits and equipment for the transmission and discharge of electricity, telephone, gas, sewer, cable television and other public conveniences or utilities on, in, or over all roadway easements within the Subdivision and within the ten (10) foot wide strip immediately inside the boundary of each Lot;  provided, in the event of the improvement of two (2) or more Lots as a unit, such easement shall not exist with respect to interior Lot lines unless use of such easement for such purposes has already begun.  By reservation of said easements, the Declarant does not obligate itself or the Association to provide any utility service to any Lot.
36. EXPANSION OF SUBDIVISION. Declarant reserves unto itself, its successors and assigns, the right to add additional lands to the Subdivision, and if the Declarant does add additional lands to the Subdivision then the definitions contained hereinabove of "Subdivision" shall be deemed to include the lands so added and the definition contained hereinabove of "Lot" shall include all Lots created within said additional lands.  The right herein reserved to the Declarant, its successors and assigns, to add additional lands to the Subdivision may be exercised by its any number of times.  Further, Declarant specifically reserves unto itself, its successors and assigns, the right to burden the Subdivision roads, easements and rights of way, by granting easements and rights of way over the same to serve and to be appurtenant to lands added to the Subdivision and lands lying outside the boundaries of the Subdivision.  It is specifically the intent of the Declarant to reserve unto itself, its successors and assigns, the right to establish additional easements and rights of way over the Subdivision roads to serve any and all lands later added to the Subdivision and any and all Lots created therein, and to serve lands lying outside the boundaries of the Subdivision.

37. EASEMENT UPON LOTS ADJOINING PUBLIC ROADS. Declarant reserves unto itself, its successors and assigns, and declares for the benefit of the Association, its successors and assigns, a perpetual easement for the erection, maintenance and repair of subdivision signs, entry gates, decorative walls, landscaping, mailboxes, and other improvements upon any Lot which adjoins any public road.
38. MAINTENANCE OF VIEWS. Declarant reserves unto itself, its successors and assigns, an easement which may but need not be assigned to the Association (and if assigned to the Association, which may but need not be assigned to the Architectural Review Committee) for the purpose of going upon each Lot for the cutting and maintaining views and vistas in the interest of shared enjoyment of distant scenes by adjacent and nearby Lot Owners.  It is understood, however, that Declarant, its successors and assigns, shall only maintain and cut views and vistas to enhance the enjoyment of Owners and occupants of dwellings located upon adjacent or nearby Lots, and that said cutting and maintaining of views and vistas will be done selectively with the purpose of obtaining an artistic result with every effort being made to preserve specimen trees and plants.  Nothing herein shall be construed to affirmatively require Declarant, its successors and assigns, to cut or maintain views and vistas.  The costs incurred by Declarant, its successors and assigns, in cutting and maintaining views and vistas pursuant to this paragraph shall be borne by the Lot Owners who are benefited thereby, provided that no such Lot Owner shall be required to pay for the cutting and maintaining of views and vistas unless he requests that the same be done or consents to the same.
39. TRANSFER OF COMMON AREAS. Declarant reserves unto itself, its successors and assigns, the right to convey real property to the Association for use as common areas for the Association and all Lot Owners. 

General Terms 

40. COMPLIANCE. In the event of a violation or breach of any of these restrictive covenants, the persons and entities entitled to enforce them or any one or more of them, shall have the right to proceed at law or in equity to compel a compliance with the terms hereof or to restrain or enjoin the violation of the terms hereof.

41. AMENDMENT. This Declaration may be amended by means of a duly recorded amendment signed by the Declarant until such time as it has sold ten (10) Lots in the Subdivision.  This Declaration may be amended by means of a duly recorded amendment signed by the Owners of two-thirds of the Lots subject to this Declaration.  This Declaration may also be amended by the Association by a two-thirds majority vote of its members at a duly called members meeting at which a quorum is present, and in such event the appropriate officers of the Association shall record the proper amendment.

42. EFFECTIVE PERIOD. This Declaration shall be effective for a period of seventy-five (75) years from and after its date as set forth above.

43. USE OF HEADINGS. The headings used in this Declaration are for descriptive purposes only. Said headings are not part of text of the Declaration and shall not be used to interpret or alter the meaning of the terms and conditions of the Declaration.