Restrictions and Covenants *** Note HOA denotes Home Owners Association      No lot in the original Cottonwood subdivision can be subdivided. The original developer, CRH Investments LLC or its successors in interest, shall have sole and absolute authority to approve or disapprove compliance and interpretation of the original provisions outlined hereafter. All restrictive covenants are subject to change by the approval of the developer or the HOA, whichever applies. Any change to the Cottonwood restrictive covenants shall be done so according to state laws with a two thirds majority vote by the Cottonwood property owners. Each property owner who is current in the payment of their HOA dues shall be entitled one vote per lot owned. The HOA will set up a nine member board of directors to represent the individual property owners and make any and all decisions regarding the maintenance of the common areas and compliance of the restrictive covenants. The board of directors may not within themselves make any changes to the restrictive covenants. The board of directors shall have the option to appoint non-board member Cottonwood property owners to any committee that may be required. The foregoing restrictive covenants are to run with the land and are binding upon all parities and their heirs, executors, successors, administrators, assigns holding an interest in the property. All lots in this subdivision, except those chosen by the developer and/or the HOA to utilized for the other purposes for the good of the subdivision, shall be for single-family residential purposes only. The developer will turn over the responsibilities of the lake’s common areas to the Home Owners Association after 75% of the lots have been sold in Phase #1 & #2. After 75% of any Phase is sold, the common areas of that particular phase will also become the responsibility of the HOA. This responsibility can only be turned over to the HOA after the successful installation of the utilities and paving of the roads in those phases by CRH Investments, LLC. This will be known as the Cottonwood Lake Home Owners Association. The HOA will not have any control over any land owned by CRH Investments LLC, Larry Colson, Keith Reed or Mike Heger.      The common areas will be, but not limited to the lake, dam, spillway, roads, boat ramp, greenways and the lake office site and improvements. Complete maintenance of these areas will be required of the HOA to insure proper drainage functions. No owner shall be allowed to plant trees, landscape or do any gardening in any of the common areas without permission from the HOA. No owner may lease or rent his dwelling for transient or hotel purposes. Any owner who leases a dwelling shall lease the entire dwelling and shall have a written lease which complies with the Cottonwood restrictions & covenants. The HOA shall have liability insurance that covers the common areas of the Cottonwood development. Each property owner that is current in the payment of their annual HOA dues shall be entitled to one vote per lot owned in electing the HOA bard of directors shall elect a president, vice president, secretary and treasurer to serve one year terms. The board of directors are responsible in maintaining a bank account for the deposit of fees, which will be used to maintain the lake’s common areas. All property owners of the subdivision shall be required to pay an annual association fee of $100.00 plus an annual assessment for the upkeep and maintenance of the subdivision including but not limited to the lake, dam, spillway, interior roads, boat ramp and all common areas. Undeveloped Cottonwood property owned by CRH Investments, Larry Colson, Keith Reed or Mike Heger is excluded from the HOA fees. All road maintenance shall be the responsibility of the HOA. This includes, but not is limited to snow removal and road repair. The lake developer or the HOA whichever may apply shall review all plans and may reject any plan at their discretion.      No dwelling shall contain less than 1,600 square feet of finished living area above grade. Finished basements are not included as above grade finished living area. Any dwelling that is constructed on any lot shall have at least 576 square feet of auto storage area. This area is commonly referred to as the garage. The garage may be attached or detached to the dwelling. No steel frame manufactured homes of any kind shall be allowed to be installed in the subdivision. Any wood frame modular home must be approved by the developer or the HOA.      Only property owners and their guest will be allowed lake privileges or have any use of the lake and/or common areas. No boat docks shall extend more than eight feet beyond the shoreline without the approval of the developer or the HOA, whichever applies. Property owners are responsible for the cost to install and the maintenance of their own sea walls and boat docks. Proper erosion control is required and is the expense of the property owner. No gasoline motors shall be allowed to propel watercraft on the lake or ponds and all watercraft will be restricted to 5 mph.  The exterior of any dwelling shall be complete within one year of the anniversary of the building permit or the start of construction. The exterior of any dwelling shall be no less than 40% masonry, real wood, stucco or drivet. True log cabins are exempt. No temporary living quarters are allowed. Any basement constructed shall not e used for living quarters until the dwelling is complete. No more than one unattached outbuilding that is not permanently attached to the property will be allowed per lot.      Although Cottonwood is a privately owned development, the lake will follow all state and DNR fishing guidelines. Any excavated dirt that is removed from any lot becomes the property of CRH Investments LLC and must be delivered to a location owned by them within the Cottonwood subdivision. All fencing must be approved by the developer or HOA whichever applies. All driveways shall be paved, bricked or constructed of concrete within one year after the paving of the road that is used for access to that lot. All electric, telephone, television, radio wiring and all other utilities must be installed underground. No tower shall exceed 30 feet beyond the height of the dwelling. No trucks rated over ¾ ton in size are allowed to park within the subdivision except for the delivery purposes. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot except domestic dogs, cats or other household pets which may be kept provided they are not kept, bred or maintained for commercial purposes. No household pets shall be allowed to become a nuisance or offensive to any neighbor. No breed of Pit Bull, Rottweiler or any other vicious dogs are allowed in the subdivision. No lot shall be used for storage of any material deemed offensive to the neighborhood. Unlicensed motor vehicles must be stored in an enclosed building. No vehicle repair is allowed except for washing or waxing. No drainage swales on the water front lots shall be altered without the permission of the developer or HOA whichever applies. Roof guttering and lot surface drainage will be allowed to be piped or drained into the lake as long as it is clean. No drainage pipe shall extend beyond the original shoreline. All driveways shall be cut so as to not pond water. This may require the use of culverts, which will be at the expense of the home owner. No parking, permanent or temporary is allowed on the common streets or roadways of the subdivision. Mailboxes and their maintenance are at the expense of the home owner.      Each building lot must be hooked up to the Decatur County Rural Water pipe.