Lake James Property Owners Association, Inc.

JUNE 1, 2008 AMENDED RESTRICTIONS FOR THE PLATS OF
LAKE JAMES NOS. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, ATWOOD NO. 1,
SILVER BAY, SPRINGWOOD BAY, STONERIDGE ACCESS, WALDEN BAY,
WANAKI BAY, LAKE JAMES-WOODLAND, AND THE SUBDIVISIONS OF
WEST END ACRES, LAKE JAMES (ACRES) EAST AND LAKE JAMES WEST

The Lake James Property Owners Association, Inc., a Michigan non-profit corporation, is a legal entity charged with the responsibility for the enforcement of the property restrictions which desires to impose protective restrictions upon the aforementioned plats and subdivisions in order to insure the beneficial residential development of the properties and to prevent use of the properties in a manner which would diminish the property values and enjoyment thereof. It is the intent that the property restrictions be in harmony with Denton and Backus Townships Zoning (however, Stoneridge Access has a minimum living area of 1500 square feet) and Blight Ordinances in order to accommodate enforcement by the Lake James Board of Directors and the two Townships. Therefore, the Lake James Property Owners Association, Inc., pursuant to the consent of the majority of the lot owners in the aforementioned plats and subdivisions, imposes the following protective restrictions upon said property.

1. No grantee or person claiming through him shall use any parcel conveyed to him or exercise his rights in Lake James for any purpose other than the normal occupancy of a private, non-commercial family dwelling, i.e. consistent with the State of Michigan rental property laws. However, a professional person, such as a doctor, dentist, lawyer, etc., may maintain an office in such a dwelling provided such use is allowed under the Denton Township Zoning Ordinance.
    
2. The high water mark of Lake James shall be 1,155 feet above sea level and all lots shall be subject to an easement for flooding to the high water mark. The Lake James Property Owners Association may lower the level of Lake James during the months of October through April in any year to facilitate improvements to Lake James or to permit further constructions but this right shall not obligate the Lake James Property Owners Association to lower the lake level or to make repairs or improvements.
    
3. No temporary structure, basement, trailer, tent, shack, garage, barn or other outbuilding shall at any time be used as a residence, nor shall tents, shacks or other portable structure be used for storage on the land. If any commercial vehicle is kept on the premises, it must be housed in a suitable garage. Recognizing that Lake James is a residential community, as well as being considerate of our neighbors, a reasonable and moderate number of non-expired licensed watercraft, snowmobiles, recreational vehicles and/or trailers may be stored on the lots of their owners.
    
4. All work in connection with the erection of any new structure and the repair or rebuilding of an existing structure shall be completed within a reasonable period (i.e. 6 to 9 months) after commencement of the construction or repair. All unused building materials and temporary construction shall be removed from the premises within 60 days after substantial completion of construction.
    
5. Docks shall not extend more than 30 feet into the main lake or 20 feet into any canal. Note – the only exception to this is that selected bays' (because of shallow water) docks may extend up to 35 feet. Please note that the sole intent of this restriction is to ensure that boat traffic is not inhibited as a result of the dock length.
    
6. All canals and bays are considered no wake zones for boating safety and shore erosion purposes.
    
7. No structure of any kind shall be placed upon any platted or unplatted island in Lake James without the written approval of the Lake James Property Owners Association.
    
8. No lot shall be further subdivided except when a lot is divided and permanently attached to the adjoining lots following approval by Denton or Backus Townships.
    
9. Lot owners may freely use the waters of Lake James and any connecting waters for boating, fishing, skating and swimming. However, such owners or any person shall not create a nuisance by such use. The determination of what constitutes a nuisance shall be within the sole discretion of the Lake James Property Owners Association, and the regulation of the hours and places where boating, water skiing and Jet Skis are permitted shall be within the sole discretion of the Lake James Property Owners Association and the State of Michigan Marine Boating Regulations.
    
10. Prior to June 30 in each year, the lot owners having dwellings/structures shall cause all weeds and grass growing on their property to be cut, shrubbery to be trimmed and the residue to be removed and shall maintain their property throughout the summer and fall seasons.
     
11. No offensive activities shall be carried on upon any lot nor shall anything be done which may be or become an annoyance or nuisance to the neighborhood.
     
12. All lot owners shall promptly dispose of their refuse and garbage so that it will not be objectionable to neighboring property owners. No garbage or other refuse, including leaves shall be dumped on vacant lots or be permitted to enter Lake James or any connecting waterway or adjoining waters.
    
    
13. No animal shall be kept on any lots except household pets and they will be leashed when off the respective owner's property. Such pets may not be kept or bred for any commercial purpose and shall have such care so as not to be obnoxious or offensive because of noise, odor or unsanitary conditions. No savage or dangerous animals shall be kept on any lot.
    
    
14. The Lake James Property Owners Association reserves the right to provide for easements and rights of way over any lot for the installation and maintenance of such utilities as it may deem necessary, whether or not they require underground installation, surface installation, or overhanging installation, including utility poles. The use of such easements or rights of way may be licensed or allowed to any person, firm or corporation, which shall furnish such services.
    
    
15. All lots bordering upon Lake James are subject to the riparian rights of all other owners of property bordering upon Lake James and to such rights that may be granted to owners of lots in other subdivisions whose lots do not border upon Lake James. The area of land that may exist between a lot owner’s property line and the water's edge due to the natural withdrawal of the water from the shoreline belongs to the lot owner. Thus the land between the lot line and the water’s edge is not open to use by the public.
    
    
16. Nothing contained in these restrictions or in the recorded plats and subdivisions shall be construed to give the general public any right of access to Lake James nor shall any grantee deal with his lot in such a way as to give the general public such access.
    
    
17. If any part of these restrictions should be held ineffective or invalid for any reason, all other parts shall remain in full force.
    
    
18. The Lake James Property Owners Association, Inc., a Michigan non-profit corporation, shall have the right and power to enforce these restrictions. If at any time the Lake James Property Owners Association, Inc. or any legally constituted successor is not in existence, such rights and duties shall be exercised and performed by the record owners of a majority of the lots.
    
    
19. Enforcement of these restrictions shall be by proceedings at law or in equity, either to restrain violation or to recover damages. In addition to these remedies, the Lake James Board of Directors shall have the right, but not the obligation, to enter upon any lot on which a violation exists and remove the violation at the expense of the owner, and the Lake James Property Owners Association shall not thereby become liable to any person for trespass, abatement, removal or in any other manner. Nothing contained in these restrictions shall impose any obligation upon the Lake James Property Owners Association, which it would not otherwise have.
    
    
20. The failure of Lake James Property Owners Association or any person or corporation to enforce any of the protective restrictions of this instrument at the time of violation shall in no event be deemed a waiver of the right to do so at any time thereafter.
    
    
21. The parks shown on recorded plats shall be used by owners of lots and parcels appearing on other plats and subdivisions with respect to which Lake James Property Owners Association has granted privileges for the use of Lake James, their families and guests, subject to the regulations of such use from time to time by the Lake James Property Owners Association. The parks shall not be used in such a manner as to create a nuisance by such use. The determination of what constitutes a nuisance shall be within the sole discretion of the Lake James Property owners Association. The Lake James Property Owners Association may also regulate the hours during which the parks may be used and the hours during which particular activities may take place. The use of intoxicating beverages in the parks is prohibited.
    
    
22. These restrictions and membership in Lake James Property Owners Association shall run with the land and shall be binding upon all persons unless the record owners of a majority of the lots sign and record an instrument agreeing to change them.

Revised Tuesday July 22, 2008 3:47 PM