DECLARATION OF PROTECTIVE COVENANTS
KEATINGTON CEDARS NO. 2
ORION TOWNSHIP, MICHIGAN

CONDITION, COVENANTS, RESTRICTIONS, RESERVATIONS AND GRANTS
AFFECTING THE PROPERTY OF: PULTE HOMES OF MICHIGAN CORPORATION A
MICHIGAN CORPORATION

THIS DECLARATION is made this 19th day of February 1992, by Pulte Homes of Michigan
Corporation, a Michigan corporation, having an address at 315 S. Woodward Avenue, Royal
Oak, Michigan 48067, hereinafter referred to as “Declarant.”

Revision 1: Modification as of 1 st day of January 2024, by Keatington Cedars No 2 HOA -
Modified paragraph 5.5 (c) in accordance with paragraph 6.3 (a) revision vote was approved to
increase the annual HOA dues to $250 without an upper limit, with the following vote
summary:
50 of 59 households voted: 85%
43 voted to approve modification: 86% of votes ---- 39 required
7 voted to reject modification: 16% of votes
9 abstained: 15%
Revision 2: Modification as of 13 th day of April 2026, by Keatington Cedars No 2 HOA -
Modified paragraph 4.8 in accordance with paragraph 6.3 (a) revision vote was approved to
remove the restriction of housing boats and trailers in garages, with the following vote
summary:
43 of 59 households voted: 73%
39 voted to approve modification: 91% of votes ---- 39 required
4 voted to reject modification: 9% of votes
16 abstained: 27%

RECITALS

WHEREAS, Declarant is the owner of the real property described in Article I of this
Declaration; and

WHEREAS, Declarant is desirous of subjecting said real property to the conditions, covenants,
restrictions, reservations and grants hereinafter set forth, each and all of which is and are for
the benefit and pass with said property and each and every parcel thereof:
NOW, THEREFORE, Declarant hereby declares that the real property described in and
referred to in Article I hereof is, and shall be held, transferred, sold, conveyed and occupied
subject to the conditions, covenants, restrictions, reservations and grants (sometimes
hereinafter collectively referred to as “Covenants”) hereinafter set forth, together with such
other conditions, covenants, restrictions, reservations and grants which have heretofore or
which are hereafter recorded with respect to said real property.

ARTICLE I

PROPERTY SUBJECT TO THIS DECLARATION
The real estate which is and shall be held, transferred, sold, conveyed and occupied subject to
the Covenants set forth herein is located in Orion Township, Oakland County, Michigan, and
is more particularly described as follows:

Keatington Cedars No. 2, Orion Township, Oakland County, Michigan, as recorded in Liber
217, pages 36 through 41, inclusive, Oakland County Records, and consists of lots of record
numbered 140 through198.

ARTICLE II

GENERAL PURPOSES OF THIS DECLARATION
The real property described in Article I hereof is subject to the Covenants hereby declared to
promote proper use and appropriate development and improvement of Keatington Cedars No.
2, to protect the owners of the property therein against such improper use of surrounding Lots
as may depreciate the value of their property; to guard against the erection thereon of
buildings built of improper or unsuitable materials; to promote adequate and reasonable
development of said property; to encourage the erection of attractive improvements thereon,
with appropriate locations thereof; to prevent haphazard and inharmonious improvements; to

secure and maintain proper setbacks from streets, and adequate free spaces between
structures; to promote desired high standards of convenience of all owners of property and all
residents and in general to provide adequately for a residential subdivision of the highest
quality and character.

ARTICLE III DEFINITIONS

3.1 Architectural Control Committee. The Keatington Cedars No. 2 Architectural Control
Committee created in Article IV below.

3.2 Association. The Keatington Cedars No. 2 Association, as created by and described in
Article V below.

3.3 Basement. A portion of a building located partly underground, but having less than half its
clear floor- to-ceiling height below the average grade of the adjoining ground at the building
front.

3.4 Buildable Area. (For the purpose of measuring lot width.) The narrowest width within the

35 feet of lot depth immediately in back of the front yard setback.

3.5 Building. Any structure having a roof supported by columns or by walls and intended for
the shelter, housing or enclosure of any person, animal or personal property.

3.6 Building, Accessory. A subordinate building or portion of a principal building, the use of
which is incidental to that of the principal building and customary in connection with that use.

3.7 Building Height. The vertical distance measured from the established ground level to the
highest point of the roof surface in the case of a flat roof; to the deck line of a mansard roof;
and to the mean level of the underside of rafters between the eaves and the ridge of a gable, hip
or gambrel roof. Chimneys and ornamental architectural projections shall not be included in
calculating the height.

3.8 Cellar. The portion of a building located partly or wholly underground and having half or
more than half of its clear floor-to-ceiling height below the average grade of the adjoining
ground.

3.9 Common Area(s) shall mean and refer to those areas of land devoted as “Private Parks” on
the recorded plat of Keatington Cedars No. 2, and intended to be owned by the Association and
to be devoted to the common use and enjoyment of the owners of the lots, and any
improvements and facilities thereon.

3.10 Declarant. Pulte Homes of Michigan Corporation, a Michigan corporation, and its
successor and assigns.

3.11 Dwelling. A residential building or portion thereof, but not including hotels, motels,
rooming houses, nursing homes, tourist homes or trailers.

3.12 Family. Two or more persons each related to the others by blood, marriage or legal
adoption, or a group of not more than three persons not all so related, together with his or their
domestic servants, maintaining a common household in a dwelling.

3.13 Front Building Line. A line 25 feet from the front lot line.

3.14 Living Area. That portion of the building which includes the actual area within the outer
surfaces of the exterior walls but shall not include any garage, carport, basement, chimney, deck, porch,breezeway or attic.

3.15 Lot. A parcel of land, under common fee ownership, occupied by or intended for
occupancy by one dwelling and having frontage upon a street. A “Lot” may or may not
coincide with a lot of record.

3.16 Lot Area. The total horizontal area within the Lot lines of a Lot.

3.17 Lot Line, Front. That boundary line of a Lot which is along an existing street line as
shown on the recorded plat. On corner Lots, subject to the approval of the Architectural Control Committee, the owner may select either street Lot line as the front Lot line.

3.18 Lot Line, Rear. That boundary of a Lot which is most distant from and is, or is
approximately, parallel to the front Lot line. If the rear Lot line is less than 25 feet in length, or
if the Lot line forms a point at the rear, the rear Lot line shall be deemed to be the line which is
25 feet in length within the Lot, parallel to and at the maximum distance from the front Lot
line.

3.19 Lot Lint, Side. Any boundary of Lot which is not a front or rear Lot line.

3.20 Lot of Record. A parcel of land numbered and described as a Lot on the plat of
Keatington Cedars No. 2

3.21 Owner. The record holder or holders (other than Declarant) of a fee interest in any Lot in
Keatington Cedars No. 2 or, if the holder or holders of the fee interest shall have entered into a
land contract to sell a Lot, the land contract vendee or, if a builder owning a Lot has entered
upon an agreement of sale of such Lot upon completion of construction, the purchaser.

3.22 Side Strip. The unpaved strip of land within a street “right-of-way” which is parallel to the
paved roadway.

3.23 Story. That portion of a building included between the surface of any floor and surface of
the floor next above; or if there is no floor above, the space between the floor and the ceiling
next above. A basement shall be counted as a story, and a cellar shall not be counted as a story.

3.24 Wetlands. Those areas designated as wetlands in the recorded plat for Keatington Cedars
No. 2, or in any wetland conservation easements of record granted by Declarant to any
governmental or quasi-governmental unit having jurisdiction.

ARTICLE IV

GENERAL RESTRICTIONS

4.1 Land Use and Building Type. All Lots in Keatington Cedars No. 2 shall be used for private
residence purposes only, and no person shall erect, re-erect or maintain on any Lot any
building, (except as specifically authorized elsewhere in this Declaration), except one dwelling,
erected for occupancy by one family, and a private garage containing not less than two nor
more than four parking spaces for the sole use of the owners or occupants of the dwelling. No
other accessory building or structures may be erected in any manner or location except as
approved in writing by the Architectural Control Committee.

4.2 Dwelling Quality And Size. It is the intention and purpose of these Covenants to assure that
all dwellings in Keatington Cedars No. 2 shall be of a quality of design, workmanship and
materials approved by Declarant. All dwellings shall be constructed in accordance with the
applicable governmental Building Code, which may have more restrictive standards than those
contained in these Covenants. The minimum living area of the dwelling shall be 2,000 square
feet. The rear exterior elevation of homes shall be designed with the same care and variety of
materials used in designing the front elevation.

4.3 Location On Lot. No person shall erect or maintain a building in Keatington Cedars No. 2
nearer to the front Lot line than 25 feet. No person shall erect or maintain a dwelling within 25
feet of a rear Lot line or within 5 feet of a side Lot line. The side yard abutting upon a street
shall not be less than 25 feet when there is a common rear yard abutting a side yard of an
adjacent lot, the side yard abutting a street shall not be less than 25 feet. Recreational
structures, including swimming pools, shall be screened from any street lying entirely within

Keatington Cedars No. 2 by a wall or fence as approved in writing by the Architectural Control
Committee. No person shall erect or maintain a recreational structure, including a swimming
pool, nearer than 5 feet from the front line or a side Lot line adjoining a street.

4.4 Lot Sizes. A person owning more than one Lot of Record may convey a portion of any such
Lot of Record to the owner of an adjacent Lot provided that such conveyance shall not result in
the creation of any Lot smaller than the smallest of the Lots of Record from which such
conveyance is made. In the event more than one Lot is developed as a unit, these Covenants
shall apply to such Lots as if they were a single Lot. All Lot divisions must conform to Section
263 of P.A. 288 of 1967 or its successor.

4.5 Driveways. Access driveways and other paved areas for vehicular use on a Lot shall have a
base of compacted gravel, crushed stone or other approved base material and shall have a
wearing surface of asphaltic concrete, or the equivalent thereof. The owner or developer shall
submit plans for driveways, pavement edging or markers to the Architectural Control
Committee for prior approval.

4.6 Natural Drainage Ways. No person shall alter or permit or suffer the alteration of the
natural drainage courses and patterns as set forth in the master drainage plan prepared by
Giffels-Webster Engineers, Inc., dated July 20, 1990, on file with the Township of Orion,
Oakland County, Michigan, except to the extent that natural drainage courses and patterns
shall be redirected within the boundaries of a Lot in a manner consistent with the construction
of improvements on such Lot and in a manner which does not alter the points of entry to and
exit from such Lot.

4.7 Design and Material For Dwelling. A complete working set of all plans, specifications and
site plans proposed for any structure in the subdivision and a landscape plan for the subject
Lot must be submitted for approval to the Architectural Control Committee, in accordance
with Section 4.20 below. The Committee shall have the absolute authority to approve or
disapprove all plans or specification including exterior materials, design and colors.

4.8 Home Occupations, Nuisances and Livestock. No person shall conduct a home occupation
or profession in any dwelling located in Keatington Cedars No. 2. No person shall conduct a
noxious activity on, in or upon land in Keatington Cedars No. 2 or do anything thereon which
may be, or may become, an annoyance or nuisance to the neighborhood. No animals (except for
no more than two dogs or cats over four months of age), poultry or reptiles or birds (except
caged house birds) shall be kept or maintained on any Lot. No person shall burn refuse outside
the dwelling, except that the burning of leaves shall be permitted as allowed by ordinance of the

Township of Orion. The use of any garage, driveway or parking area which may be in front of,
adjacent to or part of any Lot as a habitual parking place for house trailers, boats, camping
vehicles, camping trailers or commercial vehicles is prohibited. No person shall use the
parkway located between pavement and the Lot line of each Lot for the parking of private or
commercial vehicles or boats or trailers. The term “commercial vehicles” shall include all
automobiles, station wagons, trucks or vehicular equipment which shall bear signs or have
printed on the side of same reference to any commercial undertaking or enterprise. The
habitual violation of parking regulations set for this section shall be a nuisance and a violation
of Section 4.1.

4.9 Plant Diseases or Noxious Insects. No plants or seeds, or other things or conditions,
harboring or breeding infectious plant diseases or noxious insects shall be introduced or
maintained upon any part of a Lot.

4.10 Nameplate And Hospitality Light Standards, Television Or Radio Antennae And Towers,
Laundry Drying Facilities Or Flag Poles. There shall be no more than one nameplate on each
lot. A nameplate shall not be more than 40 square inches in area, and shall contain the name of
the occupant and/or the address of the dwelling. It may be located on the door of the dwelling
or the wall adjacent thereto, or freestanding in the front or side yard, provided that the height
of the nameplate is not more than 48 inches above the adjoining ground grade. No television or
radio antennae, or television dish or laundry drying equipment shall be erected or used
outdoors, whether attached to a building or otherwise. Flag poles are permitted provided the
pole is not more than 15 feet in height, unless otherwise approved by Declarant.

4.11 Temporary Structures. No trailer, basement of an uncompleted building, tent, shack,
garage, barn (except as permitted in section 4.1) and no temporary building or structure of any
kind shall be used at any time for a temporary or permanent residence. Temporary buildings
or structures used during the construction of a dwelling shall be on the same Lot as the
dwelling, and such buildings or structures shall be removed upon the completion of
construction. Nothing contained in this Declaration shall require the removal, or limit the use
by Declarant, of model homes of temporary real estate sales offices for transacting the sale of
Lots in Keatington Cedars No. 2.

4.12 Signs. No person shall place, erect or maintain a sign or billboard on any Lot in
Keatington Cedars No. 2 except a sign advertising that the Lot, or the house and Lot, are for
sale or lease, which sign shall have a surface of no more than 6 square feet, and the top of
which shall be 6 feet or less above the ground and provided that such sign shall have been

constructed and installed in a professional manner and its design and color shall have been
previously approved by the Architectural Control Committee. Such sign shall be kept clean
and in good repair during the period of its maintenance on a Lot and shall in no event be
placed and maintained nearer than 15 feet from the front Lot line. Other signs may be erected
and maintained as permitted in writing by the Architectural Control Committee.
Notwithstanding the foregoing, the foregoing restrictions shall not apply to signs installed or
erected on any Lot by Declarant, or any builder who owns or holds a Lot for resale in the
ordinary course of business, during any construction period, or during such periods as any
residence may be used as a model or for display purposes.

4.14 Swimming Pools. All pools or other underground structures permitted and approved by
the Township of Orion may be installed if approved in writing by the Architectural Control
Committee as to size, shape, location, materials, type of construction and all such pools or other
underground structures must be maintained in a safe and sanitary condition. Subject to the
foregoing, an underground swimming pool is permitted, but no freestanding swimming pool or
one with any portion above ground will be permitted unless approved by the Architectural
Control Committee which shall have the absolute discretion to approve or disapprove same.

4.15 Landscaping And Weed Control.
(a) Upon the completion of any dwelling on any Lot, the owner shall cause the Lot, as well as
any of the unpaved portion of the right-of-way in front of the Lot (except that portion thereof
used for driveways and walks) to be finish graded, sodded and suitably planted as soon after
the completion of construction as weather permits. The grading, sodding and planting shall be
completed in accordance with the landscape plan approved by the Architectural Control
Committee at the time of approval of plans, specifications and site plans. Thereafter, the lawn
and landscaped area shall be maintained by the Owner. If Declarant performs any of the
grading or installs any of the sod or planting pursuant to the direction of Township of Orion,
the Owner of the Lot shall reimburse the Declarant for the cost thereof upon demand by
Declarant.
(b) The owner of any vacant Lot shall keep all weeds below a height of 6 inches.

4.16 Old Buildings. No building previously situated elsewhere may be moved onto any Lot in
Keatington Cedars No. 2.

4.17 Mailboxes. The design, material, color and construction of all mailboxes and mailbox
stands must be submitted for approval to the Architectural Control Committee prior to their
erection. They must also be properly maintained and kept in good appearance.

4.18 Casualty. The Owner of a Lot on which a building or other structure is substantially
damaged or destroyed by fire, storm or other casualty shall promptly remove from such Lot all
resultant debris and shall with reasonable dispatch either repair or rebuild such building or
other structure or raze it and restore the Lot to its condition prior to the construction of such
structure.

4.19 Sales Agency And/Or Business Office.
Notwithstanding anything to the contrary herein contained, Declarant and any builder or real
estate broker which it may designate may construct and maintain a sales agency and business
office on any Lots in Keatington Cedars No. 2 which it or they may select, or may construct a
model house thereon, and Declarant and such designated builder or real estate broker may
continue to do so until such time as all of the Lots in Keatington Cedars No. 2 have been sold.

4.20 Architectural Controls.

(a) The purpose of architectural controls is to promote an attractive and harmonious

residential development having continuing appeal. Until the construction plans and

specifications are submitted to and approved in writing by the Architectural Control

Committee, (i) no building, wall or other structure shall be commenced, erected or

maintained nor (ii) shall any addition, change or alteration therein be made except for

interior alterations nor (iii) shall exterior color changes be made. The construction

plans and specifications shall show the nature, kind, shape, color, height, materials

(including samples of exterior building materials upon request), location on Lot,

approximate cost of such building or other structure and the gardening and

landscaping plans of the Lot to be built upon. The Architectural Control Committee

shall have the right to refuse to approve any such plans, which are not suitable or

desirable, in the opinion of the Architectural Control Committee, for aesthetic or other

reasons; and in so passing upon such construction plans or specifications, grading and

landscape plan, the Architectural Control Committee shall have the right to take into

consideration the suitability of the proposed building or other structure with the

surroundings, and the effect of the building or other structure on the outlook from

adjacent or neighboring properties.

(b) All plans, specifications and other material shall be filed in the office of Pulte Homes

of Michigan Corporation located in Royal Oak, Michigan, for submission to the
Architectural Control Committee for approval or disapproval. The Architectural
Control Committee shall have the sole authority to exercise the architectural controls

contained in this Declaration. A report in writing setting forth the decisions of the
Architectural Control Committee and the reasons therefore shall be transmitted to the
applicant by the Architectural Control Committee within 30 days after the date of
filing of complete plans, specifications and other material by the applicant. The
Architectural Control Committee will aid and collaborate with prospective builders
and make suggestions from preliminary sketches. Prospective builders are encouraged
to submit preliminary sketches for informal comment prior to the submittal of
architectural drawings and specifications for approval. In the event: (i) the
Architectural Control Committee fails to approve or disapprove within 30 days after
complete submission, the final plans, specifications and other materials, as required by
this Declaration; or (ii) no suit to enjoin construction has been filed within 15 days
after commencement of such construction, approval shall not be required, and the
related requirements of this Declaration shall be deemed to have been complied with.

Committee, or to the Association described in Article V below, shall be deemed to be
rights and not obligations, and neither the Architectural Control Committee nor the
Association shall have any liability or obligation to any Owner or any other person or
entity whatsoever for any action, approval, disapproval or failure to act in connection
with any matter provided in these Covenants.

4.21 Architectural Control Committee. The Architectural Control Committee shall consist of
not fewer than three nor more than five persons appointed by the Association (defined in
Article V) by a majority vote of its membership. Declarant shall appoint the initial members of
the Committee. Each member shall be a Class A Member of the Association or a person
designated by Declarant and shall serve a term of one year and until his or her successor has
been elected and has accepted such election. In the event that an Architectural Control
Committee Member shall die, resign from the Committee, or no longer be a member of the
Association, the remaining members of the Committee shall fill the vacancy so created by
majority vote. Declarant may terminate the appointment of any person designated by it and
may fill the vacancy so created by appointment. Members of the Committee shall serve without
compensation. The Architectural Control Committee may adopt rules for the performance of

its duties and the conduct of its meetings and may appoint one or more persons to act for it
between meetings.

4.22 Fences. No person shall erect or maintain a fence, wall or solid hedge on any Lot except
when required by ordinance or other governmental regulation in relationship to such a
purpose as a swimming pool without the express written consent of the Architectural Control
Committee which shall have the sole and absolute discretion in any event to determine the
suitability of the location, design, shape, height, size and materials proposed for same.

4.23 Trees and Soil. No person shall remove trees exceeding 4 inches in diameter at breast
height nor dig or remove surface soil from any Lot, except as necessary for building
construction and/or the installation of landscaping on said Lot, without the prior consent of the
Township of Orion or its designated consultant.

4.24 Easements. Easements for the construction, installation and maintenance of public
utilities, for surface and road drainage purposes and facilities, for public walks, and for
sanitary sewer, storm sewer and drainage, water main facilities, and public utilities are
reserved as shown on the recorded plat.

4.25 Underground Wiring. No permanent lines or wires for distribution of electric current or
power to the residences shall be constructed or placed anywhere in Keatington Cedars No. 2 by
any person other than Declarant without the prior written consent of the Architectural Control
Committee.

4.26 Maintenance of Side Strips. The owners of Lots in Keatington Cedars No. 2 shall be
responsible for the maintenance of parkways or public right-of-way located between their Lot
lines and edges of street pavements on which said Lots abut.

4.27 Deviations By Agreement With Declarant. Declarant hereby reserves the right to enter
into agreements with the grantee of any Lot or Lots (without the consent of grantees of other
Lots or adjoining or adjacent property) to deviate from any or all of the covenants and
restrictions set forth in this Article IV, provided there are unforeseen practical difficulties or
particular hardships experienced by the grantee, and any such deviation (which shall be
manifested by an agreement in writing) shall not constitute a waiver of any such covenant or
restriction as to the remaining real estate in Keatington Cedars No. 2.

4.28 Wetlands And Drainage Areas. The Association and the Lot owners, and their respective
contractors, agents, employees and persons otherwise working on behalf of or with the
permission of the Association and/or Lot owners shall prohibit all disturbances of wetlands and
drainage areas except as approved by the local and state governmental authorities having

jurisdiction. The Association shall take all actions necessary to maintain the condition as has
been approved by all local and state governmental authorities having jurisdiction, and shall
maintain the drainage areas so as the ensure their continued and intended function. In the
event the Association shall refuse or neglect to maintain such areas, The Township of Orion
may proceed, but shall have no duty to proceed, as follows: The Township may, upon 30 days’
notice given to the Association at the last known address of the Association, conduct a hearing,
allowing the Association to be heard by the legislative body or other person or body designated
with the maintenance not undertaken as provided herein. If, following such hearing, the body
or person conducting the hearing shall determine that maintenance has not been undertaken as
required, or shall subsequently determine that required maintenance has not been undertaken
within such additional time as such body or person shall have directed at a prior hearing under
this section, the Township shall have the power and authority to enter upon the property, or
cause its agents or contractors to do so, and to perform such maintenance as the Township
determines to be necessary or appropriate. The costs and expenses of such maintenance by the
Township, plus an administrative fee equal to 25% of all costs and expenses incurred, shall be
billed to the Association, and, if any amounts so billed shall not have been paid within 30 days,
the Township may assess the amount of any unpaid billings pro rata by number of Lots owned
to the Lot Owners of Keatington Cedar No. 2 or, if the Association shall first have advised the
Township in writing of the identity of the Lot Owners who shall have failed to make such
payment, the Township may assess such amount to the identified Lot Owners. Such assessment
shall be made by placing such costs and expenses upon the delinquent tax roll and such
amounts so assessed shall be collected and shall accrue penalties and interest in the manner
made and provided with regard to real property taxes.

4.29 Common Areas. Every Owner shall have a right and easement of enjoyment in and to the
Common Areas which shall be appurtenant to and shall pass with the title to every Lot, subject
to the following provisions:

(a) The right of the Association to charge reasonable admission and other fees for the

use of any recreational facility situated in any Common Area;

(b) The right of the Association to adopt rules and regulations governing the use of the

Common Areas;

any recreational facilities for any period during which any assessment against his or

her Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its
published rules and regulations;

(d) The right of the Association to dedicate or transfer all of any part of the Common

Areas to any public agency or utility for such purposes and subject to such conditions
as may be agreed to by the members. No such dedication or transfer shall be effective
unless an instrument agreeing to such dedication or transfer signed by two-thirds of
each class of members has been recorded and is in conformance with Sections 221
through 229 of P.A. 228 of 1967 (M.C.L. 560.221-561.229) or its successor. Any owner
may delegate his or her right of enjoyment to the Common Areas and facilities thereon
to the members of his or her family, his tenants, or contract purchasers who reside on
a Lot.

4.30 Title to Common Areas; Common Area Easement.

(a) On or before the date Declarant ceases to be a Class B Member of the Association,

Declarant shall convey title to the Common Areas to the Association. The conveyance
of the Common Areas shall be subject to any easements reserved, dedicated or granted
by Declarant and to any conservation easement agreements or other Common Area
maintenance and/or easement agreements entered into with Orion Township or the
Michigan Department of Natural Resources prior to the date of conveyance.

(b) Declarant, and the Association, their agents and representatives, shall have a

perpetual easement for reasonable access to the Common Areas at all reasonable times
for purposes of maintenance, repair and improvement thereof. Prior to the conveyance
of the Common Areas by Declarant to the Association, Declarant shall have the
exclusive right to reserve, dedicate and/or grant public or private easements within the
Common Areas for the construction, installation, repair, maintenance and
replacement of rights-of-way, walkways, bicycle paths, water mains, sewers, drains,
retention basins, water wells, electric lines, telephone lines, gas mains, cable television
and other telecommunication lines and other public and private utilities, including all
equipment, facilities and appurtenances relating thereto. Declarant reserves the right
to assign any such easements to unites of government or public utilities. The location
and configuration of any such easement shall be determined by Declarant in its
discretion.

ARTICLE V

KEATINGTON CEDARS NO. 2 ASSOCIATION

5.1 Creation and Purposes. There shall be formed a Michigan not-for-profit corporation to be
known as the Keatington Cedar No. 2 Association (the “Association”). The purpose of the
Association shall be to promote high standards of maintenance and operation of all property in
Keatington Cedars No. 2 reserved or dedicated by Declarant for the common use of all
residents and owners of property therein and to arrange for the provision of services and
facilities of common benefit, and in general to maintain and promote the desired character of
Keatington Cedars No. 2. The Association shall be organized, governed and operated in
accordance with its Articles of Incorporation and By-laws, which shall be consistent with the
provisions and purposes of these Covenants. In the event there exists any conflict between the
provisions contained within the Association’s Articles of Incorporation and By-laws and the
provisions contained within these Covenants, the provisions of these Covenants shall control.
The right to manage the affairs of the Association shall be exclusively vested in the Association
Board of Directors, unless expressly provided otherwise in these Covenants, the Articles of
Incorporation or the By-laws of the Association. The Declarant shall have the sole authority to
appoint the members of the Board of Directors until the Declarant ceases to be a Class B
Member (as described in Section 5.2 below) or until Declarant relinquishes such right by
written notice to the Association, whichever occurs first. At such time as the Declarant ceases to
be a Class B Member or relinquishes its right to select the Board of Directors, the Board of
Directors shall be selected by the majority vote of the members of the Association.

5.2 Membership And Voting. Declarant and every Owner of a Lot shall be a member of the
Association. Every Lot Owner shall become a member of the Association commencing on the
date on which said Owner is conveyed fee simple title to said Lot or, if applicable, the date on
which a land contract purchaser enters into a land contract to purchase a Lot. All membership
rights and obligations shall be appurtenant to and may not be separated from ownership of any
Lot. The Association shall have two classes of voting members, which are as follows:

(a) The Owner of a Lot shall be a Class A Member and shall be entitled to one vote

regardless of the number of Lots of Record owned.

(b) Declarant shall be a Class B Member. The Class B Member shall be entitled to a

number of votes equal to 95% of the total number of Lots of Record in Keatington
Cedars No. 2. In the event the unplatted land owned by Declarant adjacent to
Keatington Cedars No. 2 is platted, and Declarant amends the Covenants to apply to

such platted land, the Declarant, as the Class B member, shall be entitled to an
additional number of votes equal to 95% of the total number of Lots of Record in such
additional platted land. The Class B membership shall cease upon written notice from
Declarant to the Association which notice shall be given not later than December 31,
2001, nor earlier than December 31, 1995. The Association may adopt rules for the
performance of its duties, for the election, powers and terms of officers and directors
and for the conduct of meetings and elections, except that there shall be a separate
vote for each position to be filled for the members of the Architectural Control
Committee.

5.3 Powers Of The Association. The Association shall have the power to promote the
recreation, health, welfare and safety of the residents of Keatington Cedars No. 2, to provide
services and facilities for the benefit of residents of the subdivision, to maintain, beautify and
improve the streets, parkways, rights-of-way, entrance ways and Common Areas and to
discharge any taxes, insurance premiums and mortgage installments relating to the Common
Areas and improvements thereon. By way of example and not limitation, the Association shall
have the following powers:

(a) To the extent such services are not provided by any governmental body:

o (i) To care for, spray, trim, protect and replant trees on all streets and in
other public places where trees have once been planted, and to are for, protect
and replant shrubbery and grass in the side strips which are in streets and set
aside for the use of residents and owners of property in Keatington Cedars
No. 2.
o (ii) To provide for the plowing and removal of snow from public streets.
o (iii) To spray and to take other measures for mosquito and fly abatement
within Keatington Cedars No. 2.
o (iv) To employ duly qualified peace officers for the purpose of providing such
police protection as the Association may deem necessary or desirable in
addition to that provided by any governmental body.
o (v) To maintain entranceways to Keatington Cedars No. 2.
o (vi) To improve the Common Areas located therein subject to any applicable
local ordinances or state laws.

(b) To mow, care for and maintain vacant and unimproved property and remove

rubbish from same and to do any other things necessary or desirable in the judgment

of the officers of the Association to keep any vacant and unimproved property and side
strips in front of any property in Keatington Cedars No. 2 neat in appearance and in
good order and to make and collect reasonable charges therefore from owners of such
property.

ways or on any land set aside for the general use of the property owners and residents
in Keatington Cedars No. 2.

To maintain entranceways to Keatington Cedars No. 2.
(d) To own or lease such real estate as may be reasonably necessary in order to carry

out the purposes of the Association, and to pay taxes on such real estate as may be
owed by it.

(e) To make such improvements to the entrance ways of Keatington Cedars No. 2 and to

side strips within streets in Keatington Cedars No. 2 and provide such other facilities
and services as may be authorized from time to time by the affirmative vote of two-
thirds of the votes case, provided, however, that any such action so authorized shall
always be for the express purpose of keeping Keating Cedars No. 2 a residential
subdivision of the highest quality and character.

(f) To assess and collect from the Lot Owners of Keatington Cedars No. 2 the costs and

expenses billed to the Association pursuant to Section 4.28 hereof, to pay the money so
collected over to the Township and to notify the Township of the identity of any Lot
Owners who shall be delinquent in making the payments so assessed.

5.4 Assessments. Each Owner of a Lot, including Declarant, by accepting conveyance of such
Lot or by entering into covenant and agree to pay to the Association when due, general and
special assessments authorized by these Covenants, regardless of whether or not such covenant
shall be expressed in such instrument of conveyance or land contract. Any assessments
established pursuant to these Covenants, together with interest thereon and the cost of
collection which are described below, shall be a lien on the Lot against which they are made
and all improvements thereon, and shall also constitute a personal obligation of the person who
was the Owner of the Lot on the date the assessment was established.

5.5 Annual Assessments. The annual assessments levied by the Association under this Article V
shall be used by the Association for the purpose specified in Section 5.3 above. Commencing in
the year the Association is formed, and for each fiscal year of the Association thereafter, annual
assessments shall be levied and paid in the following manner:

(a) The Board of Directors of the Association shall levy against each Lot an assessment,

based upon the projected costs, expenses and obligations of the Association for the
ensuing fiscal year, which assessment shall be a specified amount per lot.

(b) The assessments established by the Board of Directors as they relate to any vacant

Lot within Keatington Cedars No. 2 or any lot upon which a home has not been
completed, shall be not less that $ 0.00 per year, and not more than $100.00 per year,
unless increased in the same manner as special assessments are authorized under
section 5.7 below.

1 (c) The annual dues assessments established by the Home Owners Association for all

lots within Keatington Cedars No. 2 shall be $250.00 per year, per lot beginning in 2025.
The Board of Directors may recommend an increase in the annual dues, but the
increase shall not exceed 10% of the current year's dues rate. Approval of this
recommendation requires the vote of a majority of those homeowners entitled to vote
that are in attendance at the annual HOA meeting. If approved, the new assessment
amount will take effect in the year following the majority vote during the HOA meeting.
The Board of Directors may not establish an increase in the annual assessment which
exceeds 10% of the current annual assessment unless increased in the same manner as
Special Assessments are authorized pursuant to section 5.7.

(d) Notwithstanding the foregoing limitation on annual dues, the Directors of the

Association shall be entitled to adjust said annual assessments by increasing the same
from time to time to cover the actual or anticipated costs of all fees and charges
necessary to retain legal counsel in representing the Association for the purpose of
enforcing these Covenants or to take such other action deemed necessary to retain the
integrity of the standards established for Keatington Cedars No. 2.

(e) In the event of failure of any Lot Owner to pay any assessment on or before 30 days

following notice to such Owner of such assessment or the scheduled due date thereof, if
later, then such assessment shall become delinquent and shall bear interest at the rate
of 10% per annum from the due date thereof to the date of payment, and the
Association shall have a lien on each Lot against which such assessment is levied to
secure payment thereof plus interest. When delinquent, payment of both principal and
interest may thereafter be enforced against the Owner personally or as a lien on said
real estate. It shall be the duty of the Association to bring suits to enforce such liens
before the expiration thereof. The Association may, at its discretion, file certificates of

nonpayment of assessments in the office of the Register of Deeds whenever any such
assessments are delinquent. For each certificate so filed, the Association shall be
entitled to collect from the owner or owners of the real property described therein a
fee of $50.00, which fee is hereby declared to be a lien upon the real estate so described
in said certificate. Such fee shall be collectible in the same manner as the original
assessments provided for herein and in addition to the interest and principal due
thereon.

(f) The liens provided in this Article V shall be subject and subordinate to the lien of

any valid mortgage or deed of trust now existing or which may hereafter be placed on
said real property prior to the effective dates of such liens.

(g) In the event of the issuance of a deed pursuant to foreclosure of such mortgage or deed

of trust or in lieu of foreclosure, the grantee of such deed shall take title free and clear
from any liens herein provided which accrue prior to the recording of such deed. No
sale or transfer pursuant to any foreclosure proceeding, or any proceeding in lieu
thereof, shall relieve any Lot from any assessments thereafter levied or from the lien
accruing from such assessments, and no subsequent sale or transfer shall release such
Lot from liability for any assessment interest or charges which thereafter become due
or from any lien therefore.

(h) Any liens established pursuant to This Article V shall continue for a period of five

years from the date of delinquency and no longer, unless within such time, suit shall
have been filed for the collection of the assessment, in which case the lien shall
continue until the termination of the suit and until the sale of the property under
execution of the judgment in such suit.

5.6 Expenditures Limited to Assessment For Current Year.
The Association shall not expend more money within any one year than the total amount of the
annual assessment for that particular year, plus any surplus which it may have on hand from
previous assessments; nor shall the Association enter into any contract binding the assessment
of any future year, except for contracts for utilities, and no such contract shall be valid or
enforceable against the Association.

5.7 Special Assessments for Capital Improvements. In addition to the annual assessments
authorized by Section 5.5 above, the Association may levy a special assessment for the purpose
of defraying, tin whole or in part, the cost of any construction, reconstruction, repair or
replacement of any improvements in the Common Areas, provided that no special assessment

shall be levied unless first approved by sixty-five (65%) percent of the total combined Class A
and Class B votes cast in person or by proxy at the meeting of the Association Members duly
called for such purpose. Any such special assessments shall be due and payable according to
the terms and conditions and in the manner specified in the resolution of the members of the
Association. Any special assessment not paid when due shall also be deemed delinquent, in
which event the Association shall have the same remedies with respect to any unpaid special
assessment that it has in connection with unpaid annual assessments.

5.8 Collection of Assessment and Creation of Lien. If any assessment shall not be paid within
thirty (30) days from the date payment is due, the Association may sue the Owner and obtain a
personal judgment against said Owner and/or may enforce the lien in the same manner, and
following similar procedures which are required for the foreclosure of mortgages, whether by
advertisement or judicial action, including the allowance of such cost and reasonable attorney’s
fees as would be taxable in the foreclosure of a mortgage.

ARTICLE VI

GENERAL PROVISIONS

6.1 Term. Each of the Covenants set forth in this Declaration shall continue and be binding as
set forth in Section 6.2 perpetuity.

6.2 Enforcement. The Covenants herein set forth shall run with the land and bind Declarant,
its successors, grantees and assigns, and all parties claiming by, through or under them.
Declarant, and each Owner or Owners of any land in Keatington Cedars No. 2 from time to
time shall have the right, jointly and separately, to sue for and obtain a prohibitive or
mandatory injunction to prevent the breach of, or to enforce the observance of, the Covenants
above set forth, or any of them, in addition to the right to bring an ordinary legal action for
damages. Whenever there shall have been built on any Lot in Keatington Cedars No.2 any
structure which is and remains in violation of the Covenants above set forth, or any of them,
for a period of 30 days after actual receipt by the Owner of such Lot of written notice of such
violation from the Association, then the Association shall have, in addition to the foregoing
rights, the right to enter upon the property where such violation exists and summarily abate or
remove the same at the expense of the Owner (which shall constitute a lien on such owner’s Lot

and may be collected in the same manner as delinquent assessments in accordance with Article
V above), and such entry and abatement or removal shall not be deemed a trespass. In no event
shall the failure of the Association and such Owners to enforce any of the Covenants herein set
forth as to a particular violation be deemed to be a waiver of the right to do so as to any
subsequent violation.

6.3 Amendment. In the event the unplatted land owned by Declarant adjacent to Keatington
Cedars No. 2 is platted (referred to herein as the “Additional Property”), Declarant, without
the consent of any other Owner or any other person or entity whatsoever, including mortgages,
shall have the right to amend this Declaration for the purpose of applying these Covenants to
such Additional Property, subject to any specific restrictions, conditions or covenants that
Declarant determines in its discretion to be necessary or appropriate for the proper
development, use and enjoyment of the Additional Property, and for giving Lot Owners within
such Additional Property the rights and obligations of Owners under this Declaration,
including without limitation, the right and obligation of membership as Class A Members in
the Association. Subject to the foregoing, the members of the Association may revoke, modify,
amend or supplement in whole or in part any or all of the covenants and conditions contained
in these Covenants and may release from any part or all of said Covenants all or any part of
the real property subject thereto, but only at the following times and in the following manner:

(a) Any such change or changes may be made effective at any time after 15 years from

the date of recording of these Covenants following the affirmative vote thereon by a
two-thirds majority of the total number of votes entitled to be cast by members of the
Association pursuant to Section 5.2 hereof.

(b) The members of the Association may not revoke, modify, amend or supplement, and

may not release real property subject thereto from, the Covenants contained in
Sections 4.6, 4.26, and 4.28 except upon the prior written approval of The Township of
Orion.

6.4 Severability Clause. If a court of competent jurisdiction shall hold invalid or unenforceable
any part of any Covenants or provision contained in this Declaration, such holding shall not
impair, invalidate or otherwise affect the remainder of this Declaration which shall remain in
full force and effect.

6.5 Discharge Of Declarant. Declarant hereby reserves the right to vest the Association or any
other not-for-profit corporation with all or any of the rights, privileges, easements, powers and
duties retained or reserved by the Declarant by written instrument or instruments in the

nature of an assignment which shall be effective when recorded in the Office of the Register of
Deeds of Oakland County, Michigan, and Declarant shall thereupon be relieved and
discharged from every duty so vested in the Association or in such other not-for-profit
corporation.

6.6 Successors And Assigns. When used in these Covenants, “successors: means any person,
corporation or other entity who succeeds to the position of Declarant, as developer of Lots in
Keatington Cedars No. 2 and “assigns” means any person, corporation or other entity who
takes by written assignment from Declarant.

6.7 Mailing Address. Each owner of a Lot in Keatington Cedars No. 2 shall file with Declarant
the correct mailing address of such Owner and shall notify Declarant promptly in writing of
any subsequent change of address. Declarant shall maintain a file of such addresses and make
the same available to the Association. A written or printed notice, deposited in the United
States Post Office, postage prepaid and addressed to any owner at the last address filed by such
Owner with Declarant shall be sufficient and proper notice to such Owner wherever notices are
required in this Declaration.

IN WITNESS WHEREOF, Declarant, has caused this instrument to be executed and attested,
the day and year first above written.

WITNESSES

PULTE HOMES OF MICHIGAN CORPORATION, Michigan partnership
By: Robert J. Halso

Its: President

The foregoing instrument was acknowledged before me this ________ day of ___________,
1992, by Robert J. Halso, President of Pulte Homes of Michigan Corporation, a Michigan
corporation, on behalf of said corporation.

DRAFTED BY:
Laurence B. Deitch, Esq.

Seyburn, Kahn, Ginn, Bess, Howard and Deitch, P.C.
2000 Town Center, Ste.
1500 Southfield, Michigan 48075
(313) 353-7620

WHEN RECORDED RETURN TO:
Pulte Homes of Michigan Corporation
315 S. Woodward Avenue, Suite 110
Royal Oak, Michigan 48067
Attention: Robert J. Halso
CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS
AND GRANTS WITH RESPECT TO LAND LOCATED IN A FLOOD PLAIN AFFECTING
THE PROPERTY OF: PULTE HOMES OF MICHIGAN
CORPORATION A MICHIGAN CORPORATION
THIS DECLARATION is made this 4th day of October, 1991, by Pulte Homes of Michigan
Corporation, a Michigan corporation, having an address at 315 S. Woodward Avenue, Royal
Oak, Michigan 48067, hereinafter referred to as “Declarant.”

RECITALS

DECLARATION OF PROTECTIVE COVENANTS
KEATINGTON CEDARS NO.2
ORION TOWNSHIP, MICHIGAN

WHEREAS, Declarant is owner of the real property described in Article I of this Declaration;
and WHEREAS, Declarant is desirous of subjecting said real property to the conditions,
covenants, restrictions, reservations and grants hereinafter set forth, each and all of which is
and are for the benefit of and pass with said property and each and every parcel thereof:
NOW, THEREFORE, Declarant hereby declares that the real property described in and
referred to in Article I hereof is, and shall be held, transferred, sold, conveyed and occupied
subject to the conditions, covenants, restrictions, reservations and grants (sometimes
hereinafter collectively referred to as “Covenants”) hereinafter set forth , together with such
other conditions, covenants, restrictions, reservations and grants which have heretofore or
which are hereafter recorded with respect to said real property.

ARTICLE I

PROPERTY SUBJECT TO THIS DECLARATION

The real estate which is and shall be held, transferred, sold, conveyed and occupied subject to
the Covenants set forth herein (the “Property”) is located in Orion Township, Oakland County,
Michigan, and is more particularly described as follows:
Keatington Cedars No. 2 Orion Township, Oakland
County, Michigan, as recorded in Liber ____, pages
through ___ Oakland Country Records, and consists of lots of record numbered 140 through
198.

ARTICLE II

Portions of the Property, including portions of Lots 142 through 155, portions of Lots 160
through 168, portions of Cedar Park East and portions of Cedar Park West are located within
the 100-year flood elevation of Little Voorheis Lake which is 986.2 N.G.V. Datum (the
“Floodplain”). No filling or occupation of the Floodplain shall take place without the prior
written approval of the Michigan Department of Natural Resources (“DNR”). Subject to the
approval of the DNR as aforesaid, any building used or capable of being used for residential
purposed and occupancy within or affected by the Floodplain shall:

1. Have lower floors, excluding basements, not lower than the elevation of the contour defining
the Floodplain limits;
2. Have openings in to the basement not lower than the elevation of the contour defining the
Floodplain limits;
3. Have basement walls and floors, below the elevation of the contour defining the Floodplain
limits, watertight and designed to withstand hydrostatic pressures from a water level equal to
the elevation of the contour defining the Floodplain limits following methods and procedures
outlined in Chapter 5, Type A construction and Chapter 6 for Class 1 loads found in “Flood
Proofing Regulations,” KP 1165 2 314 prepared by the Office of the Chief of Engineers, U.S.

Army, Washington, D.C., June 1972. Figure 5, page 14.5 of the regulations, shows typical
foundations drainage and waterproofing details. This document is available, at no cost, from
the DNR’s Hydrological Survey Division, Stevens T. Mason Building, Lansing, Michigan
48926, or Department of the Army, Corps of Engineers, Publications Depot, 890 S. Pickett,
Alexandria, Virginia 22304;
4. Be equipped with a positive means of preventing sewer backup from sewer lines and drains
which serve the building;
5. Be properly anchored to prevent flotation.
The foregoing restrictions shall run with the Property in perpetuity and shall not be amendable
or subject to time limitations whatsoever.
IN WITNESS WHEREOF, Declarant, has caused this instrument to be executed and attested,
the day and year first above written.

WITNESSES

Original:
STATE OF MICHIGAN
COUNTY OF OAKLAND
PULTE HOMES OF MICHIGAN CORPORATION, a Michigan partnership
The foregoing instrument was acknowledged before me this 4th day of October, 1991 by
Robert J. Halso, President of Pulte Homes of Michigan Corporation, a Michigan Corporation,
on behalf of said corporation.

DRAFTED BY:

Scott A. Steinhoff, Esq. Simpson Moran
555 South Woodward
Fifth Floor
Birmingham, Michigan 48009 Telephone: (313) 642-2000

WHEN RECORDED RETURN TO:

Pulte Homes of Michigan Corporation 315 S. Woodward Avenue
Suite 110
Royal Oak, Michigan 48067
Attn: Robert J. Halso

Revision 1: 1/1/2024:
DRAFTED BY:
Ron Rippon
2334 Canoe Circle Dr.
Lake Orion, MI 48360

Revision 2: 4/15/2026:
DRAFTED BY:
Ron Rippon
2334 Canoe Circle Dr.
Lake Orion, MI 48360

DECLARATION OF PROTECTIVE COVENANTS KEATINGTON CEDARS NO. 2 ORION TOWNSHIP, MICHIGAN

CONDITION, COVENANTS, RESTRICTIONS, RESERVATIONS AND GRANTS AFFECTING THE PROPERTY OF: PULTE HOMES OF MICHIGAN CORPORATION A MICHIGAN CORPORATION

​

​

RECITALS

​

DECLARATION OF PROTECTIVE COVENANTS
KEATINGTON CEDARS NO. 2
ORION TOWNSHIP, MICHIGAN

CONDITION, COVENANTS, RESTRICTIONS, RESERVATIONS AND GRANTS
AFFECTING THE PROPERTY OF: PULTE HOMES OF MICHIGAN CORPORATION A
MICHIGAN CORPORATION