ARTICLE IX

USE RESTRICTIONS

The Properties shall be used only for residential, recreational, and related purposes (which may include, without limitation, offices for any managing agent or agents retained by the Association).  Any Supplemental Declaration or rules and regulations of the Board may impose stricter standards than those contained in this Article and the Association shall have standing and the power to enforce such standards.

9.1  Signs.  Except as required by law, no sign shall be erected within the Properties without the written consent of the Board, including posters, circulars and billboards; provided, one (1) “for sale” (but not “for rent” or “for lease”) sign of a design prescribed, the MC may be displayed on a Dwelling Unit being offered for sale if approved pursuant to Article VIII.  If permission is granted to any Person to erect a sign within the Properties, the MC shall have the right to restrict the size, color, lettering, and placement of such sign.  The Association shall have the right to erect signs as it, in its discretion, deem appropriate, including, without limitation, entry and directional signs.

9.2  Vehicles and Parking.  No commercial vehicle, recreational vehicle, motorcycles, snow mobile, motorcycle or other motorized vehicle and no boat, trailer, hitch or other similar personal property shall at any time be parked or stored on any portion of the Properties other than on a driveway or in a garage.  Unless otherwise specifically permitted by the Board or pursuant to rules and regulations adopted by the Board, driveways on the Properties may only be used to park commercial vehicles, recreational vehicles, snow mobiles, boats, trailers, or other similar vehicles for not more than twenty-four (24) hours total during any seven (7) day period at a time and to park operable automobiles.

9.3  Occupants Bound.  All provisions of the Governing Documents shall also apply to all Residents, guests, and invitees of any Dwelling Unit.  Every Owner shall cause all Residents, guests and invitees of his or her Dwelling Unit to comply with the foregoing, and every Owner shall be responsible for all violations and losses to the Common Area caused by such Residents, guests and invitees notwithstanding the fact that such Residents, guests and invitees of a Dwelling Unit are fully liable and may be sanctioned for any violation.

9.4  Animals and Pets.  No animals of any kind, including livestock and poultry, shall be raised, bred, or kept on any portion of the Properties, except that for each Dwelling Unit there shall be permitted up to a total of three (3) dogs or three (3) cats or a combination of dogs and cats not to exceed three (3) in total, no more than two (2) birds, and a reasonable number, as determined by the Board, of other usual and common household pets, subject to compliance with applicable local codes.  In no event, however, shall monkeys, snakes, pigs, or ferrets be permitted in any Dwelling Unit.  Pets which are permitted to roam free, or which, in the sole discretion of the Association, make objectionable noise, endanger the health or constitute a nuisance or inconvenience to the Owners of other Dwelling Units or the owner of any portion of the Properties shall be removed from the Properties upon request of the Board.  If the Owner fails to honor such request, the pet may be removed by the Board.  The Board may adopt reasonable rules designed to minimize damage and disturbance to other Owners and Residents, including rules requiring damage deposits, waste removal, leash controls, noise controls, more restrictive pet occupancy limits than those set forth above based on size and facilities of the Dwelling Unit and fair share use of the Common Area; provided, however, any rule prohibiting the keeping of ordinary household pets shall apply prospectively only and shall not require the removal of any pet which was being kept on the Properties in compliance with the rules in effect prior to the adoption of such rule.  Nothing in this provision shall prevent the Association from requiring removal of any animal that presents an actual threat to the health or safety of Residents or from requiring abatement of any nuisance or unreasonable source of annoyance.  No pets shall be kept, bred, or maintained for any commercial purpose.

9.5  Quiet Enjoyment.  Nothing shall be done or maintained on any part of a Dwelling Unit which emits foul or obnoxious odors outside the Dwelling Unit or creates noise or other conditions which tend to unreasonably disturb the peace, quiet, safety, comfort, or serenity of the Residents and invitees of other Dwelling Units.  No activity shall be carried on upon any portion of the Properties, which in the reasonable determination of the Board tends to cause embarrassment, discomfort, annoyance, or nuisance to persons using the Common Area or to the Residents and invitees of other Dwelling Units.

9.6  Unsightly or Unkempt Conditions.  All portions of a Dwelling Unit outside of enclosed structures shall be kept in a clean and tidy condition at all times.  No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any Dwelling Unit so as to render any such property or any portion thereof, or activity thereon, unsanitary, unsightly, offensive or detrimental to any other portion of the Properties.  No other nuisance shall be permitted to exist or operate upon any Dwelling Unit so as to be offensive or detrimental to any other portion of the Properties.  No activities shall be conducted upon or adjacent to any Dwelling Unit or within improvements constructed thereon which are or might be unsafe or hazardous to any Person or property.  No open fires shall be lighted or permitted on the Properties, except in a barbecue unit while attended and in use for cooking purposes or within a safe and well designed interior fireplace. No Owner shall engage in any activity which materially disturbs or destroys the vegetation, wildlife, or air quality within the Properties or which results in unreasonable levels of sound or light pollution.

9.7  Antennae. Standard TV antennas and other over-the-air reception devices (including satellite dishes) of less than one (1) meter in diameter shall be permitted upon the Properties.  Installation of standard TV antennas and over-the-air reception devices shall comply with any and all Design Guidelines, or other applicable rules and guidelines adopted pursuant to Article VIII; provided, however, that such rules or regulations do not unreasonably increase the cost of installing, maintaining, or using such devices.  The Association shall have the right, without obligation, to erect an aerial, satellite dish, or other apparatus (of any size) for a master antenna, cable, or other communication system for the benefit of all or any portion of Falls Run, should any master system or systems require such exterior apparatus.  

9.8  Fences and Dog Runs.  No wall, dog run, animal pen, or fence of any kind shall be constructed on any Dwelling Unit, except as approved in accordance with Article VIII.

9.9  Exterior Lighting.  Except for seasonal holiday decorative lights, which may be displayed between November 15 and January 15 only, all exterior lights must be approved in accordance with Article VIII of this Declaration.

9.10  Temporary Structures.  Tents, shacks, or other structures of a temporary nature shall not be permitted on any Dwelling Unit, except as approved in accordance with Article VIII.  Temporary structures used during the construction or repair of a Dwelling Unit or other improvements shall be removed immediately after the completion of construction or repair.

9.11  Storage.  Storage of furniture, fixtures, appliances, machinery, equipment or other goods and chattels not in active use on the Common Area, or on any portion of a Dwelling Unit which is visible from outside the Dwelling Unit shall not be permitted, except as approved in accordance with Article VIII.  Detached storage buildings and detached sheds are prohibited.

9.12  Subdivision of Dwelling Unit and Time-Sharing.  No Dwelling Unit shall be subdivided or its boundary lines changed except with the prior written approval of the Board.

No Dwelling Unit shall be made subject to any type of timesharing, fraction-sharing, or similar program whereby the right to exclusive use of the Dwelling Unit rotates among members of the program on a fixed or floating time schedule over a period of years. 

9.13  Firearms/Fireworks.  The discharge of firearms or fireworks within the Properties is prohibited.  The term “firearms” includes “B-B” guns, pellet guns, and other firearms of all types, regardless of size.  Nothing herein shall be construed to prohibit the Association from using portions of the Common Area from time to time to put on a fireworks show.

9.14  Business Use.  No business or trade, garage sale, moving sale, rummage sale, or similar activity shall be conducted in or from any Dwelling Unit, except that an Owner or Resident may conduct ancillary business activities within the Dwelling Unit so long as:  (a) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the Dwelling Unit; (b) the business activity conforms to all zoning requirements for the Properties; (c) the business activity does not involve regular visitation of the Dwelling Unit by clients, customers, suppliers, or other business invitees or door-to-door solicitation of residents of the Properties; and (d) the business activity is consistent with the residential character of the Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Properties, as may be determined in the sole discretion of the Board.  “Business and trade” shall be construed to have their ordinary, generally accepted meanings and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to Persons other than the family of the producer of such goods or services and for which the producer receives a fee, compensation, or other form of consideration, regardless of whether (a) such activity is engaged in full or part time, (b) such activity is intended to or does generate a profit, or (c) a license is required.

The leasing of a Dwelling Unit shall not be considered a business or trade within the meaning of this subsection.  “Leasing,” for purposes of this Declaration, is defined as regular, exclusive occupancy of a Dwelling Unit by any person other than the Owner, for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument.  Dwelling Units may be leased only in their entirety.  No fraction or portion may be leased.  There shall be no subleasing of Dwelling Units or assignment of leases unless prior written approval is obtained from the Board.  All leases shall be in writing.

No transient tenants may be accommodated in a Dwelling Unit, and all leases shall be for an initial term of no less than thirty (30) days. Notice of any lease, together with such additional information as may be required by the Board, shall be given to the Board by the Dwelling Unit Owner within ten (10) days of execution of the lease.  The Owner must make available to the lessee copies of the Governing Documents.  The Board may adopt reasonable rules regulating leasing and subleasing.

9.15  Occupancy.  Dwelling Units shall not be occupied by more than two (2) persons per bedroom in the Dwelling Unit.

9.16  Trash Containers and Collection.  No garbage or trash shall be placed or kept on any Dwelling Unit, except in covered containers of a type, size and style which are approved in accordance with Article VIII or as required by the applicable governing jurisdiction and, if applicable, the private collection contractor.  In no event shall such containers be maintained so as to be visible from outside the Dwelling Unit unless they are being made available for collection and then only for the shortest time reasonably necessary to effect such collection.  All rubbish, trash, or garbage shall be removed from the Dwelling Units and shall not be allowed to accumulate thereon.  No outdoor incinerators shall be kept or maintained on any Dwelling Unit.

9.17  Clothes Drying Facilities.  Outside clotheslines or other outside facilities for drying or airing clothes shall not be erected, placed or maintained on any Dwelling Unit and no clothes, sheets, blankets or laundry of any kind shall be hung outside on any portion of the Properties.

9.18  Snowmobiles Prohibited.  The operation of snowmobiles or similar mechanized snow vehicles within the Properties is prohibited.

9.19  Skiing.  Cross country skiing within the Properties shall be restricted to marked trails established by the Association.

9.20  Bird and Squirrel Houses.  No Dwelling Unit shall be allowed to have more than one (1) bird, squirrel or similar house, and such house shall be mounted on a single pole so that the total height of the pole and house does not exceed the height of the eave of the residence on that Dwelling Unit.  Feeding of wildlife by Residents is prohibited.

9.21  Flagpoles.  No Dwelling Unit shall be allowed to have a free-standing flagpole of any type.  Flags on Dwelling Units must be flown only on poles mounted to the side of the residence by a bracket.

9.22  Above-Ground Pools.  The installation of an above-ground swimming pool within any Dwelling Unit is prohibited.  The foregoing does not apply to indoor or outdoor Jacuzzis and hot-tubs included within a deck, screened from view from neighboring Dwelling Units and installed with the prior approval of the MC.

9.23  Irrigation/Wells.  No sprinkler or irrigation system of any type which would draw water from creeks, streams, rivers, lakes, ponds, canals or other ground or surface waters within the Properties shall be installed, constructed or operated within the Properties.  All sprinkler and irrigation systems shall be subject to approval in accordance with Article VIII of this Declaration.  Private wells are prohibited on the Properties.  The provisions of this Section shall not apply to wells or irrigation systems installed by Declarant or its assignee or the County of Stafford .

9.24  Drainage-and Septic Systems.  Catch basins and drainage areas are for the purpose of natural flow of water only.  No obstructions or debris shall be placed in these areas.  No Person may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers, or storm drains.  The Association hereby reserves a perpetual easement across the Properties for the purpose of altering drainage and water flow; provided, such easement right shall not be exercised in such a manner as to unreasonably interfere with the use of any Dwelling Unit without the affected Owner’s consent.  Septic systems are prohibited on the Properties.

9.25  Artificial Vegetation, Exterior Sculpture, and Similar Items.  No artificial vegetation shall be permitted on the exterior of any portion of the Properties.  Exterior sculpture, fountains, flags, and similar items must be approved in accordance with Article VIII of this Declaration.

9.26 Storm Water Effects.  The community has been planned so that low-lying areas adjacent to creeks are generally designated for open space and recreational uses.  Portions of the Common Area and adjacent areas are within the regulated flood plain as determined in accordance with Federal Emergency Management Agency guidelines.  During and after storm events, certain portions of the Common Area such as creek side