By Laws

BY-LAWS OF

FIELD CREST ESTATE

HOMEOWNERS ASSOCIATION, INC.


ARTICLE I.

NAME AND LOCATION

The name of the corporation is FIELD CREST ESTATE HOMEOWNERS ASSOCIATION, INC., hereinafter referred to as the “Association”. The principal office of the corporation shall be located at 4950 Johnston Street, Lafayette, Louisiana 70503, but meetings of members and directors may be held at such places within the State of Louisiana, Parish of Lafayette, as may be designated by the Board of Directors.

ARTICLE II

DEFINITIONS

Section 1. “Association” shall mean and refer to FIELD CREST ESTATE HOMEOWNERS ASSOCIATION, INC., incorporated by virtue of the Articles of Incorporation recorded under Entry No. 97-840898 and Amendment to Articles of Incorporation recorded under Entry No. 99-048991, of the records of the Clerk of Court of Lafayette Parish, Louisiana, its successors and assigns.

Section 2. “Lot” shall mean and refer to any lot in the subdivision.
Section 3. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot in the Subdivision, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 4. “Restrictive Covenants” shall mean and refer to the Act of Dedication and Restrictive Covenants of Field Crest Estates and any and all Amendments thereto, applicable to the Subdivision, recorded as Entry Nos. 97-40897, 99-029125, 99-049055, 01-020488, and 01-020300, in the records of the Office of the Clerk of Court of Lafayette Parish, Louisiana.

Section 5. “Member” shall mean and refer to those persons entitled to membership as provided in the Restrictive Covenants.

Section 6. “Subdivision” shall mean Field Crest Estates Subdivision, Phases I, II, and III, as set forth in that final plats of survey recorded with the Restrictive Covenants.

ARTICLE III.

MEETING OF MEMBERS

Section 1. Annual Meetings. The annual meetings of the members shall be held in the month of May in each year, or as fixed by the Board of Directors, or

Section 2. Special Meetings. Special meetings of the members may be called at any time by the president or by the Board of Directors, or upon written request of the members who are entitled to vote one-fourth (1/4) of all of the votes of the Class A and Class B membership.

Section 3. Notice of Meetings. Written notice of each annual or special meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 15 days before such meeting to each member entitled to vote thereat, addressed to the member’s address last appearing on the books of the Association or supplied by that member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. Individual committees may meet at their discretion.

Section 4. Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, one-third (1/3) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Restrictive Covenants, or these By-laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented.

Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically be revoked upon conveyance by the member of his lot.

Section 6. Voting. Members are entitled to as many votes as they are entitled to exercise under the provisions of the Restrictive Covenants and the Association’s Articles of Incorporation, for each residential unit in which they hold fee title as shown by the records of the Association as of the last day of the month preceding a meeting. When more than one person holds such title, all such persons shall be members and the vote for such residential unit shall be exercised as they, among themselves shall determine, but in no event shall more than the number of votes set forth in the Restrictive Covenants be cast for any lot.

ARTICLE IV

BOARD OF DIRECTORS, SELECTION, TERM OF OFFICE

Section 1. Number. The affairs of this Association shall be managed by a Board of three (3) directors, who need not be members of the Association. The number of directors may be changed by amendment of these By-laws. The members of the initial Board of Directors, or their successors, shall serve until May 30, 2003.

Section 2. Term of Office. At the first annual meeting the members shall elect directors for a term of two (2) years. Directors, including the initial directors, may serve successive terms if re-elected.

Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote by the members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the expired term of his predecessor.

Section 4. Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties.

Section 5. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. Meetings may be conducted in any manner permitted under the corporation laws of the State of Louisiana.

ARTICLE V.

NOMINATION AND ELECTION OF DIRECTORS

Section 1. Nomination. Nomination for election to the Board of Directors shall be made from the floor at the Annual Meeting. Members or non-members may be nominated.

Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election both Class A and Class B membership or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Restrictive Covenants. The persons receiving the largest number of votes shall be elected. Cumulative voting shall not be permitted.

ARTICLE VI.

MEETINGS OF DIRECTORS

Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held when called, at such place and hour as may be fixed from time to time by resolution of the Board.

Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any two directors unless waived by such directors.

Section 3. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.

ARTICLE VII.

POWERS AND DUTIES OF THE BOARD OF DIRECTORS

Section 1. Powers. The Board of Directors shall have power to:
(a) adopt and publish rules and regulations governing the use, repairs, maintenance or alterations or any other matter pertaining to the areas maintained by the Association and pertaining to the fences along the perimeter of the subdivision installed by developers. See Exhibit “A”

(b) exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation, or the Restrictive Covenants;

(c) declare the office of a member of the Board of Directors to be vacant in the event such member is removed or is absent from three (3) consecutive regular or special meetings of the Board of Directors;

(d) employ a manager, an independent contractor, or such other employees as they deem necessary to carry out the duties or business of the Association and to prescribe their duties.

Section 2. Duties. It shall be the duty of the Board of Directors to:
(a) cause to be kept a record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Class A and Class B members who are entitled to vote;

(b) supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;

(c) as more fully provided in the Restrictive Covenants, to:
(1) fix the amount of the monthly assessment against each lot at $25 per month, due on the 1st of each month, according to the provisions of Article VI herein. The lots owned by Youngsville Investments, LLC and licensed builders not occupied by them as a residence, remain exempt from this assessment according to Amendment to Restrictive Covenants of Field Crest Estates, Phase I and Phase II, Paragraph 7, recorded under Entry No. 99-049055 of the records of Lafayette Parish, Louisiana.

(2) foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the Owner personally obligated to pay the same or take such action as may be deemed appropriate in the sole discretion of the Board of Directors;

(d) in the Board’s sole discretion, procure and maintain liability and hazard insurance on property owned or controlled by the Association or property for which the Association has assumed the responsibility for or the obligation to perform maintenance and repairs on;

ARTICLE VIII

OFFICERS AND THEIR DUTIES

Section 1. Enumeration of Offices. The officers of this Association shall be a President and Vice-President, who shall at all times be members of the Board of Directors, a Secretary and a Treasurer, and such other officers as the Board may from time to time by resolution create.

Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members.

Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year or until replaced, whichever is the latest, unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve.

Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.

Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaced.

Section 7. Multiple Offices. The offices may be held by the same person except the offices of President and Secretary.

Section 8. Duties. The duties of the officers are as follows:

PRESIDENT



The President shall preside at all meetings of the Board of Directors, shall see that orders and resolutions of the Board are carried out, and shall sign all written instruments authorized by the Board of Directors.

VICE-PRESIDENT

The Vice-President shall act in the place and stead of the President in the event of his absence inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.

SECRETARY

The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members, keep the corporate seal of the Association and affix it on all papers requiring said seal, serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board.

TREASURER

The Treasurer shall oversee the management company
responsible for handling the Associations money, in the receipting and depositing in appropriate bank accounts all monies of the Association and disbursing of such funds as directed by resolution of the Board of Directors, in signing all checks and promissory notes of the Association, keeping proper books of account, and in preparing an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members.

ARTICLE X.

BOOKS AND RECORDS

The books, records and papers of the Association shall, during reasonable hours, be subject to inspection by any member upon two weeks prior written notice. The Restrictive Covenants, the Articles of Incorporation and the By-laws of the Association shall be available for inspection during normal business hours by any member at the principal office of the Association, where copies may be purchased at reasonable cost of reproduction.

ARTICLE XI.

ASSESSMENTS

Each owner of any lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to agree to pay to the ASSOCIATION such assessments as may be established herein, or by the ASSOCIATION by a majority vote, to repair and maintain the common area of the SUBDIVISION described hereinabove, and such other assessments as may be approved by a vote of at least eighty (80%) percent of the votes of the ASSOCIATION of the combined Class A and Class B votes. In the event any lot owner fails to pay any of the duly authorized assessments, then the ASSOCIATION shall be also entitled to collect interest thereon at the rate of 12% from the date due, together with costs and such reasonable attorney’s fees as may be required to collect such assessment. In addition, such assessments, costs and attorney’s fees shall be a charge on the land and shall be a continuing lien upon the lot from which such assessment is due from the date notice of same is filed in the mortgage records of Lafayette Parish, Louisiana and shall in any event be the personal obligation of the person(s) owning such lot at the time when the assessment became due.

The assessment to be levied at the time of the conveyance by Appearer of any lot shall be $25.00 per month. The lots owned by Youngsville Investments, L.L.C. and licensed builders not occupied by them as a residence, remain exempt from this assessment according to Amendment to Restrictive Covenants of Field Crest Estates, Phase I and Phase II, Paragraph 7, recorded under Entry No. 99-049055 of the records of Lafayette Parish, Louisiana.

ARTICLE XII.

AMENDMENTS

Section 1. These By-laws may be amended by the Board of Directors by unanimous vote or, at a regular or special meeting of the members, by a vote of two-thirds (2/3) of the votes cast by the members present in person or by proxy.

Section 2. In the case of any conflict between the Articles of Incorporation and these By-laws, the Articles shall control; and in the case of any conflict between the Restrictive Covenants and these By-laws, the Restrictive Covenants shall control.

Duly adopted by the Directors of the FIELD CREST ESTATE HOMEOWNERS ASSOCIATION, INC., this _______ day of _____________, 2002.

WITNESSES:

_________________________________


_________________________________



_________________________________
STEVE ASHY

_________________________________
JOHN C. BROUSSARD

_________________________________
BARRY BROUSSARD


EXHIBIT “A”

According to the By-Laws of the Field Crest Homeowners Association, it is hereby authorized that once the Association votes on the manner in which to proceed with the development of the Field Crest Estates common areas, the Recreation Committee will have authority to act in the best interest of the Association, by letting for bid, accepting bids, proceeding with contracts and supervising development of said project.

WITNESSES:

_________________________________


_________________________________



_________________________________
STEVE ASHY

_________________________________
JOHN C. BROUSSARD

_________________________________
BARRY BROUSSARD

Covenants

STATE OF LOUISIANA
PARISH OF LAFAYETTE

ACT OF RESTRICTIVE COVENANTS

OF FIELD CREST ESTATES, PHASE III

BE IT KNOWN, that on this _________ day of __________________, 2001, BEFORE ME, the undersigned Notary Public, duly qualified in the State and Parish aforesaid, and in the presence of the undersigned witnesses personally came and appeared:

YOUNGSVILLE INVESTMENTS, L.L.C., a Louisiana Limited Liability Company represented herein by its sole members Youngsville Contractors, Ltd., through its President, John C. Broussard, and Ashy Properties, Ltd., through its President, Steve Ashy, pursuant to the authority contained in the Articles of Organization recorded under entry No. 97- 29074 of the records of Lafayette Parish Louisiana, as corrected by that Act recorded under Entry No. 98-22714 of said records.

who declared that by that act recorded under entry No. 00-__________ of the records of Lafayette Parish, Louisiana, Appearer dedicated the Subdivision know as Field Crest Estates, Phase III.

Appearer further declared that in order to dispose of the property situated in the Subdivision to the best advantage of and to assure all prospective purchasers that said property will be properly and uniformly developed and to make said property more desirable and attractive, it binds itself, its successors and assigns, not to sell any of the property situated in the Subdivision, except under the following restrictions which are covenants, and such amendments as may be made as provided for herein which shall affect the said property and all future purchasers, whether set forth in any act of sale or not, until the ________ day of _______________, 2026, at which time said covenants shall be automatically extended for successive periods of ten (10) years unless by vote of two-thirds (2/3rds) of the owners (one vote for each lot owned) of the lots at any time, it is agreed to change the said covenants in whole or part:

1. The use of the lots in the Subdivision shall be restricted exclusively for residential purposes. Nothing herein contained shall restrict the construction of a building for rental purposes, provided, however, that the sole use to be made of said building shall be for a single unit residence. No dwelling other than a single family dwelling and private garage shall be built on any building lot. One outbuilding is permitted provided, however, that it is located behind the residence and complies with the minimum set-back requirements established herein and provided (see Paragraph 9) further, that they consist of the same style, color and architecture of the residence constructed on said lot and do not exceed four hundred (400) square feet, unless approved by the Architectural Control Committee. Construction or occupancy of garage apartments or outbuildings as separate dwelling units on any of the lots in the Subdivision is prohibited. No existing housing unit shall be converted into a multiple apartment or dwelling building. No commercial places of business of any nature whatsoever shall be erected or maintained on any of the lots involved herein, Further no building or dwelling in the Subdivision shall be used to house more than (4) non-related persons. Persons married to each other, and children of spouses shall be considered related for the purposes of these restrictions. Nor shall any activity that would constitute a “group house” for the purpose of housing unrelated persons, as a business, whether for profit or not, be permitted on any lot in the Subdivision.

2. No building shall be erected, placed or altered on any lots subject to these restrictions until the construction plans and specifications, and a site plan showing the location of the structure on the lot, any other improvements and fences, have been submitted to, and approved in writing by, the Architectural Control Committee or any of its members designated by the Committee to act. Until changed by act recorded in the records of Lafayette Parish, the Architectural Control Committee shall consist of Steve Ashy and John C. Broussard. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Upon the Dissolution of the Architectural Control Committee by the lapse of twenty (20) years from the date hereof or by the resignation of all of its members, by act recorded in the records of Lafayette Parish, whichever first occurs, the function and authority of said Architectural Control Committee, as described in these restrictions, may be performed by at least two (2) members of the Homeowners Association voted in by the Homeowner’s Association. No member of the Committee shall be entitled to any compensation for services performed pursuant to this covenant. If the Architectural Control Committee fails to give its approval within thirty (30) days after the above mentioned items have been received, then such approval shall be deemed as having been automatically granted. Denial of approval by the Architectural Control Committee shall be given in writing.

All plans and specifications, or requests for approval, required to be submitted to the Architectural Control Committee shall be mailed or delivered to the following address: Field Crest Estates Architectural Control Committee, c/o Steve Ashy, 4950 Johnston St., Lafayette, La. 70503. The address may be changed by the Architectural Control Committee by act recorded in the records of Lafayette Parish.

The plans and specifications required to be submitted to and approved by the Architectural Control Committee and referred to in the preceding paragraph, shall contain a return address for the applicant and shall be in such form, and contain such information, as may be required by the Architectural Control Committee. The Architectural Control Committee. shall have the right to disapprove any plans and specifications submitted by reason of any of the following:

A. Incompatibility of the proposed building with existing buildings located upon the lots in the vicinity;
B. Duplication or similarity in the nature, exterior color scheme, kind, shape, height, or materials used in the proposed buildings with that of adjoining buildings;

C. Failure of such plans or specifications to comply with any of these restrictions;
D. Objections to the site plan, drainage plan, or landscaping plan for the lot;
E. Failure of such plans to take into consideration the particular topography and natural environment of the lot; or

F. Any other matter which, in the sole judgment of the Architectural Control Committee, would cause the proposed buildings to be inharmonious with the general plan of development or with the buildings located upon other lots in the vicinity or detract from the appearance of the Subdivision.

3. No hogs, cows or horses, or any kind of fowl shall be kept on any of the lots involved herein. Dogs and cats may roam freely, as long as in accordance with local ordinances or law, and as long as they do no damage. However, they must be confined if and when they become a nuisance to their neighbor. Dogs, cats or other household pets shall not be bred or maintained for any commercial purposes.

4. Each residence constructed in this Subdivision shall be erected on a plot of ground not less than 0.23 acres of lot area. No lot shall be subdivided without the prior written consent of the Architectural Control Committee, its successor or assigns.

5. All residences shall contain at least one thousand seven hundred (1,700) square feet of conditioned living space, exclusive of porches, storerooms, garages, and carports.

6. It is the intent of this development to have houses that differ in design while still maintaining overall compatibility in the Subdivision.

A. The exterior material used on all residences will be of sound, durable, attractive, low-maintenance up-keep material, that is either painted, stained or built of colored material.

B. A minimum of seventy (70%) of the roof area shall be at an 8/12 pitch or greater. No metal or tin roofing is allowed. Copper roofing is allowed when used as an awning cover. No roll roofing shall be permitted.

C. No vinyl or metal siding is permitted except vinyl is permitted for soffits, overhead of porches, garages or carports, and aluminum is permitted for fascia. Further, the Architectural Control Committee may approve the limited use of vinyl siding on dormers where same does not detract from the purposes set forth above.

D. A minimum of seventy (70%) percent of the exterior walls of all residences shall be composed of brick, brickveneer, stucco or EFIS wall system or equal or better.

E. No houses of pier construction are permitted and all houses must be of slab construction unless either or both requirements are waived by the Architectural Control Committee.

F. Except as allowed in this paragraph, each residence shall be constructed with a minimum of a two (2) car enclosed garage. Open two car carports are allowed on those lots where the carport is not visible from any street bordering the lot and the carport is located in the rear of the home.

G. Mail boxes constructed in front of residences shall be of brick, EFIS or stucco to match the exterior of the residence.

7. Landscaping is required to be installed in front of all residences within one year of completion of construction of the residence and the minimum landscaping required must be approved by the Architectural Control Committee. All property not landscaped in front of residences will be seeded with grass and will be kept mowed and in presentable condition. Grass will not be allowed to grow higher than twelve (12) inches above grade. Developer or Developer’s designated successor shall have the right to mow any grass in violation of this section if, after ten (10) days written notice, the owner of said lot fails to do so and Developer shall also have the right to be reimbursed by such owner for expenses incurred. Such expenses, together with the reasonable attorney’s fees incurred by Developer in collecting same, shall be a charge and lien upon the property affected, from the date of recordation in the records of Lafayette Parish of an affidavit executed by Developer attesting to the facts giving rise to said lien. Such assessment shall also be the personal obligation of the person or entity who was the owner of such property at the time when the assessment was made. Developer may bring an action against the owner personally obligated to pay the same and/or to foreclose the lien against the property and interest at the rate of eighteen (18%) percent per annum, all costs, and reasonable attorney’s fees incurred in such action shall be added to the amount due. Any lien filed under this paragraph shall be inferior to all prior mortgages or liens of record.

8. The front sill or slab of every residential dwelling and porch on all lots shall be placed not less than twenty (20’) feet from the front property line.

9. No building shall be erected less than five (5’) feet from any side lot line, and the total set-back of both side lot lines shall be fifteen (15’) feet or greater. In the case of corner lots numbered 150, 162, 163, 175 an 176, the minimum set-back distances for the side bordering a street on these corner lots shall be ten (10’) feet; provided, however that where the garage on a corner lot faces the street, there shall be a minimum set-back of twenty (20’) feet for the garage on that side of the lot. Where construction of a dwelling is on one or more commonly owned lots, there shall be no side lot line requirement as to common lot lines, provided however, that encroachment of the side lot line of any common lot line without appropriate amendment to the restrictive covenants as provided herein shall cause the commonly owned adjacent lot to be considered as one lot with the lot on which said improvements have been placed for the purpose of construing the restrictions contained herein.


NOTICE: The set back requirements of applicable governmental bodies, such as the Town of Youngsville or City-Parish of Lafayette, may be more restrictive than those contained herein, and therefore, the regulations and requirements of such bodies should be reviewed prior to constructing improvements on lots in the Subdivision.

10. No trash, refuse, scrap lumber, metal, of piles of garbage, and no grass, shrub or tree clippings will be allowed between the rear of any residence and the street bordering the lot on which the residence is located and all such trash, refuse, etc., must be kept out of sight, and to the rear of the residence, so as not to be seen from the street bordering the lot on which the residence is located except that “in ground” garbage receptacles, located near the street fronting the residence, are permitted and except that such trash, refuse, etc. may be maintained at such times as may be reasonably necessary to permit garbage or trash pickup in such containers as may be approved by the Architectural Control Committee.

11. Driveways may not be constructed closer than 12” to the side property line or closer than allowed by the governing building code authority, especially when an electrical transformer or pedestal is located near the side property line.

12. Nothing is to be built above grade on the lawn between the building line and street on which a residence shall front; and nothing shall be placed thereon except such plants, lamppost(s), mail boxes, or decorative item(s) as will tend to beautify.

13. No noxious or offensive activities shall be carried upon any lots nor shall anything be done thereon which may be or become an annoyance to the neighborhood. Exploration or production for the extraction of minerals on the surface of the property in the Subdivision is prohibited.

14. Temporary sanitary facilities used during construction must be approved sanitary type such as Royal Johns, Port-A-Heads or Port-O-Lets.

15. No trailer, basement, tent, shack, garage, barn or other out-building erected on any lot affected by these restrictions shall at any time be used as a residence temporarily or permanently, nor shall any structure be occupied in any way in the course of construction, except by workmen, in the performance of their duties, nor shall any structure of a temporary character be used as a residence. No building or structure erected elsewhere shall be moved onto a lot within this Subdivision; component homes and/or component parts used in newly constructed residences are excepted. Buildings that are used for additional storage shall be set back behind the rear foot line of the main house, and shall be constructed with similar material as used for the home, and shall have the same type of roofing shingles as the main home. No old or second-hand materials shall be used in the construction of the exterior of any building in the Subdivision, unless specifically approved by the Architectural Control Committee. No aluminum or metal may be used on patio covers.

16. Only signs, no larger than twenty-four (24”) inches by thirty-six (36”) inches, or equivalent area, for the sale or rent of the lot and improvements shall ever be erected, placed or maintained on any lot in the Subdivision, except those approved by the Architectural Control Committee or used by the Developer, its successors or assigns.

17. Unless approved in writing by the Architectural Control Committee, no fence shall be erected or permitted to remain on any lot in the Subdivision between the street and the front setback line. Fences constructed between the front sill of any dwelling and the rear property line, whether parallel or perpendicular to the street, and along the rear property line shall be constructed of wood, concrete or brick. No creosote shall be used in any fence. Wooden fences may have metal posts provided however that no metal or wooden posts and no runners shall be visible from any street, it being the intention of the Developer that the better side of fence face outward toward all of the streets. No fence or wall serving the purpose of a fence situated anywhere upon any lot in this tract shall have height greater than seven (7’) feet above the finished graded surface of the ground on which the said fence or wall is situated unless a greater height is approved by the Architectural Control Committee. Fences erected shall be properly maintained. Any fences constructed by the Developer along lots which border Highway 92 and Bonin Road, if any, shall be maintained in good repair, and with the same style material and finish as originally constructed by the Developer. This maintenance will be the responsibility of the owner of the lot upon which each section of the fence is located.

18. The placing and parking of house trailers or mobile homes on any lot in the Subdivision shall be prohibited. No motor home, travel trailer, camper or other similar recreational vehicle may be used as a residence on any lot and any such vehicle, as well as any boats and boat trailer, hauling trailer or any type trailer, must be parked and kept behind the front set-back line within a closed building or behind a wooden fence with a minimum height of 6 feet so that, other than the upper portion thereof, it is not openly visible from the street. No vehicle may be parked on the street in front of any residence longer than eight (8) hours and no vehicle may be placed on blocks or any immovable position on any lots or street in this Subdivision.

19. Within the period provided below, each lot owner shall cause a sidewalk to be constructed as hereinafter described. Sidewalks shall be constructed in accordance with Lafayette Consolidated Government or other applicable jurisdictional authority regulations. Sidewalks shall be constructed in the road rights-of way and have a width of forty-eight (48”) inches measured by perpendicular line from the street side lot boundary and extending the entire length of such boundary. Sidewalks shall be constructed so as to join existing sidewalks located on adjacent lots at the same height, width and displacement. This restriction shall not be required where such construction is enjoined as a violation of any State or local law or ordinance or where authority for such construction is withdrawn by the owner of the road right-of-way.

Sidewalks shall be constructed upon the completion of improvements placed on any lot or prior to any deadline imposed by the Town of Youngsville, the Lafayette City-Parish Consolidated Government, or the Developer, whichever first occurs. In the event the owner fails to do so after ten (10) days written notice, Developer shall have the right to file in the records of Lafayette Parish, Louisiana, an affidavit setting forth the estimated cost of completing the sidewalk. The amount of such estimate shall be a charge and lien upon the property affected from the date of recordation of Developer’s affidavit and shall also be the personal obligation of the owner of the property. Developer may bring an action against the owner personally obligated to pay the same and/or to foreclose the lien against the property. Interest at the rate of eighteen (18%) per cent per annum from date of recordation of the affidavit, all costs, and reasonable attorney’s fees incurred in such action, shall be added to the amount due. Developer shall have the right to assign its interest in the lien, and the claims secured thereby, to the Town of Youngsville or the Lafayette City-Parish Consolidated Government to secure completion of sidewalks in the Subdivision. Once sidewalks have been constructed by the owner, or the lien for the construction of sidewalks is paid in full, the right to lien shall terminate.

20. No facilities, including poles, and wires for the transmission of electricity, telephone messages and the like shall be placed or maintained above the surface of the ground in the Subdivision, except such poles and overhead facilities as may be required at those places where distribution facilities enter and leave the particular area. No external or outside antennas of any kind shall be permitted that are or will be visible from the street. Antennas or satellite dishes must be placed behind front sill of house, and said satellite dishes cannot exceed 24” in diameter. Anything larger must be behind a fence and not visible from any adjacent lots. Nothing herein shall be construed to prohibit overhead street lighting or ornamental yard lighting where serviced by underground wires or cables, or to prohibit temporary service provided by Developer to builders during construction. Window air conditioning and heater units are prohibited where visible from the street.

21. Notwithstanding anything to the contrary contained herein until all of the lots in the Subdivision are disposed of by Developer, these restrictions, including, but not limited to, front, side or rear line set-back requirements, may be amended unilaterally by an act executed by Developer without the written consent of any other owner or purchaser of said lot or lots. Provided, no amendments may be enacted without the written consent of all owners where such amendments affect restrictions related to the manner in which these lots may be utilized (i.e., residential). Amendments affecting the side or rear set-back requirement will require only the approval of the lot owner (or owners if more than one side or rear lot line is involved) adjacent to or bounding that particular side or rear lot line which may be affected. Neither the Architectural Control Committee, nor any agent thereof, and neither Appearer nor any agent or employee thereof, shall be responsible in any way for the failure of any structure to comply with the covenants of this act, nor for any defects in any plans and/or specifications submitted or approved.

22. Should any person or persons violate or attempt to violate any of the covenants herein, it shall be lawful for any person or persons owning any real property in the Subdivision to prosecute in law and/or in equity against the person or person violating or attempting to violate any such covenant, and either to prevent him or them from so doing and/or to recover damages, or other dues, including attorney fees, for such violation. As used herein, “Association” shall mean and refer to the Field Crest Estates Homeowners Association, Inc., a Louisiana non-profit corporation, its successors and assigns. The Articles of Incorporation for the Association were filed with the Louisiana Secretary of State on November 13, 1997 and with the Lafayette Clerk of Court on November 13, 1997 under Entry No. 97-040898 and Amendment to the Articles of Incorporation for the Association were filed with the Louisiana Secretary of State on November 30, 1999 and with the Lafayette Clerk of Court on November 30, 1999 under Entry No. 99-048991, and are incorporated herein by reference thereto. All lots in Phase I, II and III of the Subdivision are subject to membership in the Association. In calculating the voting requirements for the Association, or to amend these restrictive covenants as provided on page one hereof, or to amend the restrictive covenants for Phase I, II and III, the total number of lots in Phase I, II and III of Field Crest Estates shall be considered in calculating said requirements. The purpose of the Association shall be to maintain architectural control, and to maintain and repair any common areas, in the Subdivision and such other purposes as seventy-five (75%) percent of the vote of the members of the Association agree. The subdivision signs for the subdivision are located on Lots 1, 108, 143 and commercial lot 189 of said subdivision. The ownership of the subdivision signs for Lots 143 and 189 are hereby transferred and conveyed to the Association as common area in consideration for the Association’s maintenance of same in good repair and an easement is hereby established in favor of the Association, its agents and contractors on said lots for the existence of said signs and access easement is hereby established from the street for access to said signs. Each owner of any lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to agree to pay to the Association such assessments as may be established by the Association by a majority vote to repair, improve and /or to maintain the common areas of the Subdivision, and such other assessments as may be approved by a vote of at least eighty (80%) percent of the votes of the Association of the combined Class A and Class B votes. In the event any lot owner fails to pay any of the duly authorized assessments, then the Association shall be also entitled to collect interest thereon at the rate of 12% from the date due, together with costs and such reasonable attorney’s fees as may be required to collect such assessment. In addition, such assessments, costs and attorney’s fees shall be a charge on the land and shall be a continuing lien upon the lot from which such assessment is due from the date notice of same is filed in the mortgage records of Lafayette Parish, Louisiana and shall in any event be the personal obligation of the person(s) owning such lot at the time when the assessment became due.

Provided however, that notwithstanding anything to the contrary contained herein, lots owned by the Developer and lots owned by licensed builders and not occupied, shall be exempt from the payment of dues, charges or other assessments of the Association.

23. Invalidation of any one of these covenants by Judgment or Court order shall in no way affect any of the other provisions, which shall remain in full force and effect.

THUS DONE AND PASSED, in the Parish of Lafayette, Louisiana on the day and date first above written, in the presence of the undersigned, competent witnesses and me,

Notary, after due reading of the whole.

WITNESSES:


_______________________________


_______________________________




YOUNGSVILLE INVESTMENTS, L.L.C.



By: ________________________________
JOHN C. BROUSSARD, President





ASHY PROPERTIES, LTD.



By: ________________________________
STEVE ASHY, President



_____________________________

NOTARY PUBLIC