Lake of The Hills

We, the undersigned, being the fee owners of part of the North One-Half (N 1/2) of Section 13 and part of the South One-Half (S 1/2) of the Southwest Quarter (SW 1/4) of Section 12, T 15 N, R 6 W, Sherman Township, Isabella County, Michigan, the same being the real property now platted as "LAKE OF THE HILLS SUBDIVISION NO 1", subdivision, and said Plat is now recorded in Liber 8, Plats, Page 461, in the Office of the Register of Deeds in and for Isabella County, Michigan, herby make the following declarations as to limitations, restrictions and uses to which the lots constituting said Plat may be put, herby specifying that said declarations shall constituting covenants to run with all of the land, as provided by law, and shall be binding on all parties and all persons claiming under them, and for the benefit of and limitations upon all future owners in said subdivision, this declarations of restrictions being designed for the purpose of keeping said subdivision desirable, uniform and suitable in architectural design and use as herein specified: 

  1. The following restrictions shall be and continue to force for a period of Twenty-Five (25) years from the date hereof and automatically renewable for Ten (10) year periods thereafter unless amended or vacated by a majority of lot owners in the subdivision.

  2. All lots within the subdivision, except those designed on Private Parks, shall be limited in use to single family residential dwellings.

  3. No lot of any building erected on any lot shall at any time be used for the purpose of any trade, business or manufacture.  

  4. No structure shall be erected or maintained upon the beach of LAKE OF THE HILLS SUBDIVISON NO. 1 except a private boat house or bathing house and said beach is to be used only for the purpose of private bathing or boating, plans and specifications for any structure, whether it be a boat house or bathing house must have a prior approval of the Building Committee. 

  5. No building or other structure shall be erected or the erection thereof begun on said premises until the plans and specifications thereof have been first presented to and approved in writing by the LAKE OF THE HILLS BUILDING COMMITTEE, (hereinafter referred to as the Committee), as to materials, location and design. If no approval is received by the Committee within Thirty (30) days from submission, it shall be conclusively presumed that the plans and specifications are approved. 

  6. Any building or other structure contemplated to be erected on any lot in the subdivision shall have exterior walls and roof in place within Six (6) months from the time of commencing said building or other structure. 

  7. The exterior walls of the houses, buildings and other structures in the subdivision of whatsoever kind shall be painted with at least two coats of varnish or stain and, in the case of concrete block, shall have at least two coats of masonry paint, within Ten (10) days after completion and prior to use or occupancy of any such structure or building. 

  8. No dwelling house, structure or any part thereof, except the steps, plazza or bay windows and any other usual projection thereof, shall be erected on any lot within Fifty (50) feet of the front line of each lot. The front line of lake front lots shall be considered the waters edge and the front line of second tier lots shall be considered any road between said lot and the lake. 

  9. No house shall be removed from a point without the subdivision to a point within the subdivision without a special written permit from the Committee, which permit may be granted as it discretion if it shall be shown that the structure, design and location of such house, when placed will comply with all of the restrictions applicable to the lot whereon such house is to be placed. No residential structure shall be erected or placed upon and building plot which does not contain at least on full lot as per recorded Plat of this subdivision. 

  10. All lavatories and/or toilets shall be built indoors and all sewage systems will be in compliance with the Sanitation Code of Isabella County, Michigan. 

  11. No fences or hedges for the purpose of dividing or closing property shall be constructed or planted within Fifty (50) feet of the waters edge. 

  12. No residential structure shall be erected or placed on any building plot which shall have a living floor area in the main structure, exclusive of porches, patios, and garages of less than Six Hundred Seventy-Two (672) square feet. 

  13. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may become a nuisance or annoyance to the neighborhood. 

    1. No owner of nay boat or other watercraft shall operate, or allow the same to be operate at a speed in excess of Five (5) miles per hour on LAKE OF THE HILLS or it's contiguous waters​

  14. No horses, cows, goats or similar animals shall be kept or maintained on said property or any portion thereof, nor shall any chicken yard be maintained thereon. Any household pets kept or maintained on any lot shall be limited to two in number. ​

  15. No more than one sign for advertising or for any other purpose shall be displayed on any one lot or any building or structure constructed on such lot, and such sign shall not be greater in outside dimensions then Eight (8) inches by Eight (8) inches. 

  16. Not more than one residence shall be erected or constructed upon any lot as shown by the map of plot of LAKE OF THE HILLS SUBDIVISION NO. 1 as originally platted and filed in the Office of Deeds of the Isabella County Register of Deeds. 

    1. Provided, however, nothing herein contained shall be constructed to prevent the use as one building site of two or more lots, having a street frontage of not less than the frontage of any lot, a portion of which is included in such site. ​

  17. No trailer, barn, basement, tent, shack or out building shall be used as a dwelling except during the construction of a permanent dwelling and then only for a period not to exceed Six (6) months. ​

  18. These restrictions and reservations are made for the benefit any and all persons who may now own, or who may hereafter own, property in the LAKE OF THE HILLS given the right to enforce these restrictions and reservations. 

  19. all residences must have private inside bathroom facilities. All water and sewage-disposal systems shall be designed, located and constructed in accordance with the requirements, standards and recommendations of the Michigan State Health Department. 

  20. All owners of lots, other than lake front lots, shall keep their boats in the Park Areas. 

  21. The owners of all lots together with their families are guests shall have the right to use for private park purposes the area dedicated as private parks. 

  22. Owners of unoccupied lots shall at all times keep and maintain their property in an orderly manner causing weeks and other growth to be seasonally cut and prevent accumulation of rubbish and debris on the premises. 

  23. The Board reserves the right to lower the level of all lakes within the Development Area between Labor Day of each Year and May 1st of the following year in order to facilitate the cleaning of lake, dam repairs, building of additional improvements or additional lake developments in the area. 

  24. There is hereby formed the Lake of the Hills Building Committee. The committee is composed of all owners of the lots in subdivisions platted by these grantors, their heirs or assigns, contiguous to Lake of the Hills. The duties of the committee shall be as follows: 

    1. Duties set out in these restrictions. ​

    2. Ownership control and maintenance of the dam impounding the waters of the Lake of the Hills. 

    3. The ownership and maintenance of all private roads within the platted subdivision mentioned above. 

    4. Ownership and maintenance of all area designed as Park areas in the aforesaid subdivision. 

Funds required for the carrying out duties of the Committee shall be acquired by assessment of all lots within the plats subject to these restrictions. Assessments shall be due and payable on or before March 25 of each year. The amount of such annual assessments shall be determined at the annual meeting of the Committee as hereinafter provided. 

All of the duties of the Committee shall be carried out by a board of Five (5) members, until such time the Committee shall, by majority vote, select another means of operating. The members of said Board shall entitle the owner to one vote. The Board shall be elected at the annual meeting of the Committee to be held on each anniversary of the Restrictions of Lake of the Hills Subdivision No. 1 at  a place to be designated by the Board within a two (2) mile radius of Weidman, Michigan. 

The Board shall have authority to propose an annual operating budget, amounts of annual assessments and shall have discretion in selecting the means to carry out the duties of the committee. Budgets and annual assessments shall be submitted to the Committee for its approval at is annual meeting. The term of office for each member of the Board shall be one (1) year, unless determined otherwise by a majority vote of the Committee. 

  1. Invalidation of any on of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain full force and effect 

March 25, 1967​

Constance Skinner - Weidman, Michigan
Calvin Ohls - Mt. Pleasant, Michigan 

Wendell H. Drallette - Clare, Michigan 

Walter J. Smith - Weidman, Michigan 

Fred Wilcox - Weidman, Michigan 

Amendments

11.    (a) Any fence constructed within fifty (50) feet of the waters edge must be approved by the Board of Directors and property oweners           involved. 

17.    (a) Travel Trailers, Motor Homes, may be used on weekends to facilitate lot owners in cleaning their lots.