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<br /> <br />4810-5342-0509, v. 2 <br /> 10 <br /> <br />Pet waste shall be promptly removed and properly disposed from all Property sidewalks, pet areas, and <br />landscaping. Animals must be kept within an enclosure or on a leash or other appropriate restraint or carrier <br />held by a person capable of controlling the animal when outside the Unit. Animals shall not be left <br />unattended on any Exclusive Use Easement Areas. Nothing contained herein shall constitute a restriction <br />on legally recognized service animals. The Board has the power and discretion to determine whether the <br />types or numbers of any animals kept in a Residence are a nuisance, and the Board shall have the power <br />to abate the nuisance through any legal procedure that is available to the Association. <br />2.2 Residential Use. Units shall be used for residential purposes only, provided, however, <br />that any Unit may be used incidentally for the purpose of operating a home based small business if, and <br />only if: (a) the business is operated solely within the Residence; (b) the business is limited to arts and crafts, <br />the rendition of professional services, or other similar activities; (c) the business is operated by the Owner <br />whose principal residence is the Unit, by a Lessee whose principal residence is the Unit or by a member of <br />such Owner’s or Lessee’s family whose principal residence is the Unit; (d) there is no sales activity <br />conducted within the Association Property, no customers visiting the Unit and no advertising anywhere in <br />the Community; (e) the operation is permitted by and is at all times in compliance with Applicable Laws; <br />and (f) the operation of the business does not result in: (i) the violation of any of the other provisions of this <br />Declaration; (ii) any unreasonable increase in the flow of traffic within the Community; (iii) any unreasonable <br />odor, noise, or vibration outside of the Unit; (iv) any parking problems within the Community; or (v) any <br />other adverse conditions to the Occupants of the individual Condominiums. Notwithstanding the foregoing, <br />nothing contained herein shall be deemed to prohibit any home based business specifically required to be <br />allowed by Applicable Law. <br />2.3 Commercial Use. Except as otherwise provided in this Declaration, including without <br />limitation Section 2.2 (Residential Use), no part of the Community shall be used or caused, allowed, or <br />authorized to be used in any way, directly or indirectly, for any business, commercial, manufacturing, <br />mercantile, storing, vending, or other such non-residential purpose. <br />2.4 Rental of Condominiums. An Owner shall be entitled to rent his or her entire <br />Condominium subject to the restrictions contained in the Governing Documents, any contractual agreement <br />between Declarant and each original Owner for such Owner’s Condominium as to such parties, any other <br />restrictions of record applicable to such Owner’s Condominium and all Applicable Laws. Any rental or lease <br />agreement shall: (a) be in writing; (b) provide that the lease is subject to the Governing Documents; and (c) <br />provide that any failure to comply with any provisions of the Governing Documents shall be a default under <br />the terms of the rental or lease agreement. A copy of the rental or lease agreement shall, upon request, <br />be provided to the Association. Owners shall, at all times, be responsible for their Lessee’s compliance <br />with the Governing Documents. A Lessee shall have no obligation to the Association to pay Assessments <br />nor shall any Lessee have any voting rights in the Association. No Owner may lease such Owner’s <br />Condominium for hotel, motel or transient purposes and no Owner may lease only a portion of such Owner’s <br />Condominium. For purposes of this restriction, any lease which is either for a period of fewer than thirty <br />(30) days or pursuant to which the lessor provides any services normally associated with a hotel shall be <br />deemed to be for transient or hotel purposes and shall be prohibited. To the extent the rental restrictions <br />set forth in this Section violate the requirements of any Federal Agency or Governmental Entity, such <br />restrictions shall be deemed to no longer apply. Notwithstanding the foregoing, to the extent that Applicable <br />Laws require that an Owner be allowed to lease the ADU, if any, on the Owner’s Condominium without <br />such Owner being required to lease the entire Condominium, this Section shall not prohibit such lease of <br />an ADU. <br />2.5 Further Subdivision. Except as otherwise provided in this Declaration, no Owner may <br />further partition or subdivide the Owner’s Condominium, including any division of such Owner’s <br />Condominium into time-share estates or time-share uses. This provision does not limit the right of an Owner <br />to: (a) rent or lease the entire Condominium by means of a written lease or rental agreement subject to the <br />Governing Documents; (b) sell such Owner’s Condominium; or (c) transfer or sell any Condominium to <br />more than one (1) Person to be held by them as tenants-in-common, joint tenants, tenants by the entirety <br />or as community property. <br />263