DECLARATION OF RESTRICTIONS
KNOW ALL PERSONS BY THESE PRESENTS; that Ravenwoods LLC a Wisconsin Corporation
duly organized and existing under and by the virtue of the laws of the State of Wisconsin, (herein referred
to as “Developer” which term shall also include the duly authorized agent of Developer) is the owner of
the premises described as follows (herein referred to as “Ravenwoods”).
RAVENWOODS, being a subdivision of that part of the Northwest Quarter (NW 1/4) of the Northeast
Quarter (NE 1/4) of Section 34, Town 8 North, Range 20 East, Village of Menomonee Falls, Waukesha
County, Wisconsin. Developer, intending to establish a general plan for the use, occupancy and
enjoyment of the premises does hereby declare that, for the mutual benefit of present and future owners of
the premises, shall be subject to the following restrictions:
1. GENERAL PURPOSES The purpose of this Declaration is to insure the best use and most
appropriate development and improvement of each building site in the development; to protect owners
of building sites against such use of surrounding building sites as will detract from the residential value
of their property, to preserve, as far as practicable, poorly designed or proportioned structures; to
obtain harmonious use of material and color schemes, to insure a quality residential development; to
encourage and secure the erection of attractive homes in appropriate locations on building sites; to
secure and maintain proper setbacks from streets and adequate free spaces between structures; and in
general to provide adequately for a high type and quality of improvement in the Development and
thereby to preserve and enhance the value of investments made by purchasers of building sites in the
2. GENERAL APPLICABILITY Unless specifically stated otherwise within this Declaration, all of the
restrictions stated in this Declaration are applicable to all lots in Ravenwoods.
3. ARCHITECTURAL CONTROL COMMITTEE In order to maintain harmony in appearance and
to protect the owners of the lots in the Subdivision, the Developer shall appoint an Architectural
Control Committee (A.C.C.). No building, home, fence, sign, wall, swimming pool, children‟s pool,
children‟s play structures or other structure shall be erected, constructed or maintained upon any lot nor
shall any change or alteration be made thereon unless the complete plans and specifications thereof, a
plot plan showing the exact location of such building, garage, decorative fence, decorative wall, or
other structure, the elevation thereof and the grade of the lot and a sketch or view of such building or
structure or changes, shall have been submitted to and approved in writing by the A.C.C.. No above
ground pools or garden sheds will be allowed in Ravenwoods. The decision of the A.C.C. with
respect to any such matter shall be final and binding upon all parties. The A.C.C. shall have the right
to refuse to approve any such plan or specifications which, in the conclusive judgment of a majority of
its members, are not in conformity with these restrictions or are not desirable for aesthetic or any other
reason. In passing upon such plans and specifications, the A.C.C. may take into consideration the
suitability of the proposed building or other structure, its design, elevation and the materials of which it
is to be construct on the proposed site; the harmony thereof with the surrounding buildings and the
view from the adjacent property. All decisions of the A.C.C. on such matters shall be final. The
A.C.C. shall have the right to waive minor infractions or deviations from these restrictions in case of
matters of the best interest to the subdivision.
4. BUILDING RESTRICTIONS The following restrictions are applicable to all single family and
duplex lots in Ravenwoods Subdivision:
A. ARCHITECTURAL CONTROL It is specifically intended, by the architectural control
provisions set forth herein, that there be a compatibility of architectural styles amongst the
various homes that are in close visual proximity to one another, while at the same time
retaining diversity so as to avoid the monotony of duplication. Toward this end, the
Architectural Control Committee may evaluate and approve the use of a particular
architectural style of home on any given lot in the subdivision. In making that evaluation the
Architectural Control Committee may consider the proposed residence in relation to existing
homes or previously approved homes that will be in close visual proximity to the proposed
residence. The Architectural Control Committee, in its sole discretion, may grant conceptual
approval for the use of a certain exterior design on any Lot in the subdivision, and reserve the
use of said design for said Lot, prior to receiving the actual plans. Any such conceptual
approval and/or reservation may be rescinded by the Architectural Control Committee at any
time, at its sole option, upon not less than sixty (60) days written notice to the Lot Owner, if
the Lot Owner fails to submit the full set of plans.
1. A minimum of 50% of the front of the residences with the exception of traditional
early American or Salt Box design must be masonry, consisting of structural or thin-cut
face Brick, Stone, Cultured Stone or Stucco.
2. All dwellings shall be designed by a home designer, registered architect or equally
qualified individual or firm.
3. The exterior walls of the home and attached garage must be constructed of brick, stone,
wood, or other high quality materials as deemed acceptable by Developer.
4. Further, the Architectural Control Committee or Developer, in its sole discretion, shall
have the right to permit or prohibit the use of artificial stone, artificial brick, composite
wood, and/or other types of siding as it may deem appropriate to preserve the
architectural integrity and quality appearance of dwellings in the subdivision.
5. In no event shall any dwelling be sided with metal or vinyl siding.
6. No exposed poured concrete or concrete block over eight (8) inches above grade shall
be permitted on any house. Where block or concrete would otherwise be exposed, it
must be covered by the house siding, or by brick or stone.
7. The roofing of all dwellings shall consist of fully dimensional asphalt shingles, with a
minimum, 260 lb. weight or 30 year guaranty, dimensional shingles, slate concrete,
wood or tile.
8. Conventional asphalt shingles shall not be permitted.
9. The Architectural Control Committee or Developer, in its sole discretion, may permit
or prohibit the use of other types roofing materials (such as fiberglass shingles) having
substantially the same appearance as the permitted materials, as it may deem
appropriate, to preserve the architectural integrity and quality of appearance of
dwellings in the subdivision. Further, the Architectural Control Committee or
Developer may, in their sole discretion, permit the use of such other forms of high
quality and aesthetically pleasing roof materials as may be available now or in the
future, including but not limited to masonry and/or copper.
10. The main portion of the roof shall have a minimum pitch of 8/12 for a two-story and
10/12 for a ranch style. A lesser pitch over other areas, such as porches, breezeways
and bays, may be permitted or denied at the sole discretion of the Architectural
Committee or Developer. Exceptions may be granted for architectural styles
lesser roof pitches.
11. If shutters or wide trim boards are used on front of dwelling they shall then be
required on all sides. If grids are in front windows of dwelling they shall then be
required on all sides.
12. The exterior of all chimneys shall be brick, stone, cultured stone or masonry faced
13. All homes shall include an attached garage.
14. No detached garages shall be permitted.
15. No storage shed shall be allowed on any Lot. Other types of outbuildings, such as
gazebos, pool equipment and/or changing room facilities, etc. may be allowed,
providing they are approved, as to design, location and landscaping, by the
Architectural Control Committee or Developer. No outbuilding shall be constructed
on any Lot prior to the commencement of construction of the single family residence
on such Lot.
16. All building plans, the exterior design of each building and basic site features such as
decks, fences, children‟s play structures, garden structures, satellite dishes, swimming
pools, additions and other temporary or permanent structures which affect the overall
environment of the Development, must be approved by the Developer in writing
prior to construction, and prior to application for a building permit when one is
17. The house, garage paved driveways to the garage and landscaping must be completed
within one year after the first start of construction.
B. OUTSIDE STORAGE There will be no outside storage of boats, trailers, buses, trucks,
campers or other vehicles or items deemed unacceptable by the Developer.
C. ELECTRIC POST MOUNTED LAMP One outdoor electric post-mounted lamp with
photoelectric controls must be installed on each lot at the time of construction of a residential
building on that lot. The design of the postlamp is subject to approval of the Developer. The
lot owner must maintain the lamp in a proper operating manner. If the lamp is not maintained,
Ravenwoods Homeowner's Association will perform maintenance and the cost of such
maintenance will be an assessment against the lot owner, payable within ten (10) days after the
D. MAILBOX Each Lot shall have a uniform mailbox and newspaper box on a uniform post,
which shall be installed by the Lot Owner at the Lot Owner's expense no later than the date of
issuance of the occupancy permit. The design and specifications of the mailbox, newspaper
box and post, including size, style, color and materials, shall be such as is determined by the
Architectural Control Committee or Developer, so that all mailboxes, newspaper boxes and
posts have a uniform appearance throughout the subdivision. Purchasers of Lots from the
Developer shall purchase the mailbox and mailbox post from the Developer at time of closing.
If the Post Office requires the use of grouped mailboxes, Developer shall have the right to
elect to install the mailboxes, newspaper boxes and posts, and to collect from Lot Owners, at
closing on the lot sale, a reasonable charge for installing same. The Homeowner‟s Association
shall have the right to assume all or part of the responsibility for maintaining, repairing and/or
replacing mailboxes, newspaper boxes and/or posts, and to charge the cost thereof as a
common expense. To the extent not assumed by the Association, the Lot Owner shall be
responsible for maintaining the mailbox, newspaper box and post in a first class condition at
E. TREES Shade trees shall be installed at the time of constriction of the subdivision pursuant
the Village of Menomonee Falls Subdivision Ordinance. Shade trees shall be installed
and maintained as depicted in an approved planting plan by the Village. Shade trees shall be
planted on all lots parallel to and approximately five (5) feet into the Lots from the street
right-of-way. Such shade trees shall be planted at an interval of at least one (1) tree per forty
(40) linear feet of street right-of-way frontage or fraction thereof along both sides of the street
right-of-way. The minimum size of such trees at planting shall be approximately two and
one-half to three inch (2 ½ - 3) calipers or larger. Shade trees shall be maintained by the lot
owners or Homeowner‟s Association.
No existing live tree with a diameter of eight inches or more at a height four feet above
ground shall, without approval of the Architectural Control Committee or Developer may be
cut down, destroyed, mutilated, moved or disfigured. All existing trees shall be protected
during construction and preserved by wells or islands and proper grading in such a manner as
may be required by the Architectural Control Committee. Existing live trees with a diameter of
eight inches or more at a height four feet above the ground shall be considered by the
Architectural Control Committee or Developer in granting approval for the location of the
house, driveway and any and all other structures on any Lot.
F. ANTENNA No exterior antenna, other than one dish type antenna not exceeding thirty (36)
inches in diameter, shall be allowed on any Lot. With respect to dish antennas not exceeding
thirty (30) inches in diameter, same shall not be attached to the front of any house, nor shall
same be located in the front yard of the residence.
G. FENCES It is the intention to preserve the open natural feeling of Ravenwoods Subdivision‟s
environment. Therefore, no barrier fences or containment fences may be erected on or adjacent
to any lot line. Only that fencing which is purely of a decorative or landscaping nature may be
installed. Fences must be designed to compliment the architectural style of the main structure.
Fencing to meet governmental regulations with regard to swimming pools will be permitted.
Properly designed and located kennels not exceeding 100 square feet in size for household pets
will be approved adjoining the home providing they are properly screened from public view by
H. SWIMMING POOLS AND HOT TUBS In-ground swimming pools shall be permitted, subject
to the approval of the Architectural Control Committee or Developer, if they meet Village
ordinances and specifications. Above ground swimming pools are prohibited. Hot tubs and
spas are permitted. Architectural Control Committee approval is not required for portable
units, but is required for permanently installed units. If placed on a concrete slab, the slab
requires approval. If covered with a gazebo type structure, the gazebo requires approval,
whether or not the gazebo is permanently affixed to the ground.
5. BUILDING RESTRICTIONS, SINGLE FAMILY LOTS The following restrictions are applicable
to all single family lots in Ravenwoods Subdivision:
A. Only one 1-story, 1 ½-story, 2-story, split-level or bi-level single-family residential building
and attached garage may be erected per lot.
B. A single story residence shall have a minimum of 2,000 square feet of living area on the first
C. A story and one-half residence shall have a minimum of 2,400 square feet of living area, with a
minimum of 1,200 square feet of living area on the first floor of the residence.
D. The minimum living area of a 2-story home shall be 1,200 square feet on the first floor and
2,400 square feet total.
E. A split-level, bi-level or tri-level residence shall have a combined minimum of 2,600 square
feet of living area on the upper two floors of the residence.
F. Attached garages must be attached to the home directly, by breezeway, or in the basement of
the home, and must be constructed at the same time as the home.
G. Living space is determined by the outside dimensions (exclusive of garages, porches, patios,
breezeways, and similar additions) of the exterior walls of above grade finished living space.
In no event shall floor space which is partially or completely below finished yard grade (such as
basement space, whether or not exposed, and/or the lower level of a split-level) be
counted for purposes of determining minimum square footage of living space. The minimum
square footage shall be determined as of the time of initial construction, and shall not
consider or include unfinished areas or future additions.
H. The minimum setback from any abutting street right of way is 40 feet with side yard setbacks
a minimum of 15 feet. Rear yard setbacks shall be 30 feet.
I. The Architectural Control Committee at is sole discretion may prohibit any attached garage
which has an exterior appearance of having a capacity of more than three cars.
J. All garages shall be side entry garages and shall not face a public street (unless a corner lot)
unless such side entry is determined by the Architectural Control Committee or Developer in
its sole discretion to be unfeasible or impractical.
6. BUILDING RESTRICTIONS, DUPLEX LOTS The following restrictions are applicable to all
duplex lots in Ravenwoods Subdivision:
A. The placement, number of units, and all other material factors of the construction of
residential buildings on duplex lots must be in compliance with the provisions of
PRD Ordinance of the Village of Menomonee Falls applicable now, or in the future, to
lots and other conditions as may be established by the Village.
B. The minimum size of an individual unit shall be 1450 square feet in area (two units per
C. The minimum front yard setback is 30 feet, side yard setback is a minimum of 15 feet
and rear yard building setbacks are 30 feet except lot 25 which rear yard setback shall be
50 feet. All setbacks are measured from the overhang.
D. The house, garage and paved driveways to the garage must be completed within one year after
the first start of construction.
E. Garage must be attached to the duplex directly or by attached breezeway. Each duplex unit
shall have a minimum of one two-car garage. A minimum of one side entry garage is
for each duplex building.
F. All building plans, the exterior design of each building and basic site features such as
landscaping, lighting, fences, garden structures, satellite dishes, swimming pools,
additions and other temporary or permanent structures or elements which affect the overall
environment of the Development, must be approved by the Developer and the Architectural
Control Board of the Village of Menomonee Falls in writing prior to construction, and prior to
application for a building permit when one is required.
G. The A.C.C. is interested in minimizing the two-family appearance of the duplex homes in
Ravenwoods Subdivision. Careful attention to architectural details including side entry
garages, location of entrance doors and break up of long dimensional planes shall be
considered while approving duplex homes in Ravenwoods Subdivision.
7. BUILDING RESTRICTIONS, EIGHT-FAMILY CONDOMINIUM LOT The following
restrictions are applicable to the Eight-Family Condominium lot known as lot 21 in Ravenwoods
A. The minimum size, placement, number of units and all other material factors of the
construction of multi-family buildings on the eight-family condominium lot must be in
compliance with the provisions of Ravenwoods PRD Ordinance of the Village of Menomonee
Falls applicable now or in the future to such lots, and such other conditions as may be
established by the Village.
B. The minimum front yard setback is 30 feet, side yard setback is a minimum of 15 feet
and rear yard setbacks must conform to the Village Ordinances.
C. All building plans the exterior design of each building and basic site features such as
landscaping, lighting, fences, garden structures or elements which affect the overall
environment of the Development, must be approved by the A.C.C. and the Village in writing
prior to construction and prior to application for a building permit when one is required.
8. WETLANDS PRESERVATION Delineated on the Final Plat of Ravenwoods are five wetlands
as mapped by the Developer. The following restrictions apply to these five wetlands:
A. Grading and filling shall be prohibited.
B. The removal of topsoil or other earthen materials shall be prohibited.
C. The removal or destruction of any vegetative cover, i.e., trees, shrubs, grasses, etc., shall be
prohibited, with the exception of the removal of dead, diseased or dying vegetation at the
discretion of the landowner or Silva cultural thinning upon the recommendation of a forester
or naturalist and the approval of the Village of Menomonee Falls.
D. Grazing by domesticated animals, i.e., horses, cows, etc. shall not be permitted.
E. The introduction of plant materials not indigenous to the existing environment of the wetland
preservation shall be prohibited.
F. Ponds may be permitted subject to the approval of the Village of Menomonee Falls and if
applicable, the Wisconsin Department of Natural Resources, and the Army Corp. of
G. Construction of buildings within the wetland preservation areas is prohibited and any
alterations to a pre-approved building envelope showing building setbacks will require
the full approval of the Village of Menomonee Falls and the WI DNR.
9. SIGNS No sign or banner of any kind may be placed or displayed to public view on any lot, except:
1.) One sign not more than six square feet advertising the property for sale, and 2.) One standard
sign (showing the lot owner‟s name) as may be approved by the Village for uniform use in terms of
size, design, appearance and location for each lot in the Development and 3.) Such signs as the
Developer or the Village may approve for placement on those lots affected by the entry landscaping
for the purpose of advertising Ravenwoods Subdivision.
10. HOMEOWNER’S ASSOCIATION An unincorporated association of the owners of single family
lots, the duplex lots or units and the eight-family condominium units on Lot 21 in Ravenwoods is
hereby created for the purposes of managing and controlling Common Areas as defined below, and
performing other duties as set forth herein for the common benefit of the Owners. This Owner‟s
Association will formally be titled Ravenwoods Homeowner’s Association and is referred to herein as
“The Association”. The membership of The Association will be comprised of the owners or the
authorized agents of the owners of lots or condominium units in the Development. Members of The
Association are referred to herein as the “Owners”.
11. MANAGEMENT COMMITTEE The Association will be governed by a management committee
consisting of three members. This management committee is referred to herein as “The Committee”.
The Committee will conduct and manage all of the responsibilities of the Association. The members
of the Committee will be selected as follows:
A. At any time that the Developer owns Fifty Percent (50%) or more of the lots or condominium
units in the Development, including all future additions to the Development, all three of the
Committee members will be appointed by the Developer.
B. At any time that the Developer owns between Twenty and Fifty Percent (20%-50%) of the
lots or condominium units in the Development, including all future additions to the
Development, two members of the Committee will be appointed by the Developer and one
member will be chosen according to the procedure stated below.
C. At any time that the Developer owns between Five and Twenty Percent (5%-20%) of
the lots or condominium units in the Development including all future additions to the
Development one member of the Committee will be appointed by the Developer and two
members will be chosen according to the procedure stated below.
D. At any time that the Developer owns fewer than Five Percent (5%) of the lots or
condominium units in the Development, including all future additions to the Development all
three members of the Committee will be chosen according to the procedure stated below.
12. ELECTION OF COMMITTEE MEMBERS
A. The initial members of the Committee will be Philip L. Glass, Ruth Vogel Glick and William
W. Carity. The initial members will serve until December 31, 2004.
B. No later than sixty (60) days before the expiration of any term of the Committee members a
notice of the election of Committee members will be sent to all Owners. The notice will state
the number of committee positions that are subject to election, according to the criteria stated
in sections 11a, 11b, 11c and 11d and will solicit nominations for those positions. The notice
will also state the date, time and place for a meeting of the Association, to be held no later than
ten (10) days prior to the expiration of any term of the Committee members at which time an
election of Committee membership will take place.
C. At the election meeting, the nominations for Committee membership will be announced and
additional nominations may be taken from the floor. Only owners may be nominated
Committee membership except for the initial members named above, who may be
to successive terms by the Developer, subject to the criteria of sections 11a, 11b, 11c
D. Each owner is entitled to vote in person or by written proxy in elections for selecting
members of the Committee. Owners will have one vote for each single-family lot
two votes for each duplex lot or one vote for each condominium unit owned situated on
a duplex lot and one vote for each condominium unit owned for each eight-family
condominium building on Lot 21.
E. Committee membership will be assigned to those Owners receiving the greatest number of
votes at the meeting.
F. Except for the initial members, Committee member‟s terms will be for two calendar years,
beginning January 1 of the year immediately after the applicable election. If any member of
the Committee dies, resigns, becomes unable to act or is no longer an Owner the unexpired
term of such member must be filled by a special election or appointment by the Developer, if
applicable, at a meeting called as soon as possible after the Committee vacancy exists.
13. COMMITTEE MEETINGS All meetings of the Committee will be open to Owners and will be
held upon not less than three (3) days prior written notice to all of the Owners. Two (2) members of
the Committee constitute a quorum. Actions of the Committee are by majority vote.
14. DUTIES OF THE COMMITTEE The Committee has the following duties:
A. Provide for the maintenance of improvements in the Common Areas, which it may deem
necessary or desirable. Such improvements consist of entryway monuments, fencing,
lighting, landscaping and such other improvements as may be approved by the Committee.
B. Inspect, maintain and keep in good operating condition all storm water retention and detention
basins and storm water drainage easements on private lots and outlots.
C. Maintenance of Preservation Outlots as may be required by the Wisconsin Department of
Natural Resources pursuant to Section 20 of this Declaration.
D. Establish dates and procedures for the election of members of the Committee.
E. Promulgate operating procedures for the conduct of the Association‟s affairs.
F. Enforce the provisions of this Declaration.
15. POWERS OF THE COMMITTEE The Committee has the following powers:
A. Cause the Common Areas to be maintained, repaired, landscaped and kept in good, clean and
B. Enter into contracts and to employ agents, attorneys or other for purposes of discharging and
its duties and responsibilities hereunder.
C. Levy and collect assessments in accordance with the provisions of Section 16, below.
D. Maintain, repair and operate services in conjunction with Common Areas, now existing and
hereafter acquired, and to pay for those items.
E. Pay for any insurance maintained by the Association.
F. Pay taxes, assessments and charges of any kind made or levied by any governmental authority
against the Association or upon any property of the Association.
G. Pay all costs and expenses for the operation and administration of the Association
including legal, accounting and management fees and other costs incident to the
any of its powers or obligations.
H. Pay costs and expenses for additional improvements to Common Areas beyond those installed
I. Pay all items subject to Special Assessment which have not been collected from a lot Owner
or unit owner at the time payment of such item is due, and to collect such amounts from
Owner, provided that upon collection of the Special Assessment from that lot Owner,
lot Owners will receive an appropriate adjustment, reimbursement or credit on future
Assessments, as the board may determine, for payments made under this paragraph.
J. Pay all damages, costs, expenses and attorney fees incurred in or in anticipation of, any
suit or proceeding whether administrative legislative or judicial which are not otherwise
collected by Special Assessment.
16. ASSESSMENTS The Committee shall levy and collect assessments from Owners as follows:
A. The owner of each single-family lot and duplex lot or unit, and each proposed or constructed
eight-family condominium unit is subject to a general annual charge or assessment for the
purpose of defraying the costs of maintaining and administering the Common Area. Each
Owner‟s annual assessment will be equal to the Association‟s total annual costs and expenses
in performing its duties hereunder, divided by the total number of single-family residential lots
and individual duplex units in the Development, (two units per duplex lot) and individual
eight-family condominium units proposed or constructed in the Development. Said costs
include, but are not limited to payment of taxes, insurance, repair, replacement and additions
to the improvements made to the Common Area, the cost of labor, equipment, materials,
management and supervision thereof, attorneys fees, engineering fees, and all costs of the
Association reasonably incurred in conducting its affairs and enforcing the provisions of this
B. Assessments must be approved at a duly convened meeting of the Committee.
C. Written notice of an assessment will be personally delivered to each Owner subject to the
assessment or delivered by certified mail addressed to the last known address of such
D. Assessments become due and payable thirty (30) days after the mailing or personal delivery of
the notice, as the case may be.
E. Assessments not paid when due bear interest at the rate of Twelve Percent (12%) per annum
until paid, and such unpaid assessments and the interest thereon constitutes a continuing lien
against the real estate which it was assessed until they have been paid in full. The assessment
and interest thereon will also be the personal obligation of the Owner of the real estate against
which the assessment was made.
F. The Committee may record a document with the Register of Deeds in Waukesha County,
Wisconsin, giving notice of a lien for any such unpaid assessments and upon payment or
satisfaction of the amount due record a document canceling or releasing any such lien. The
failure to file, any such notice does not impair the validity of the lien. All recording and
attorney fees relating to any such document will be borne by the affected Owner.
G. Upon application by any Owner, any member of the Committee may, without calling a
meeting of the Committee, provide to such Owner a statement in recordable form certifying
(1) that the signer is a duly-elected member of the Committee and (2) as to the existence of
any unpaid assessments or other amounts due to the Association. Such statement shall be
binding upon the Committee and shall be conclusive evidence to any party relaying thereon
of the payment of any and all outstanding assessments or other amounts due to the
H. Any lien for assessment may be foreclosed by a suit brought by the Committee, acting
on behalf of the Association, as a foreclosure of a mortgage on real property.
17. COMMITTEE LIABILITY Members of the Committee are not liable to the Owners or any other
party for any action taken by them in good faith in discharging their duties hereunder, even if such
action involved a mistaken judgment or negligence by the member or agents of employees of the
Committee. The Association shall indemnify and hold the members of the Committee harmless
from and against any and all costs or expenses, including reasonable attorney‟s fees, in connection
with any suit or other action relating to the performance of their duties hereunder.
18. COMMON AREAS DEFINITION Wherever used in this Declaration, the term Common Area
A. All lawn and landscaped areas, and any entrance monuments fencing and lighting, and all
natural areas contained within any lot or outlot in the Development.
B. Any storm water retention and detention ponds or easements contained on private lots or
outlots within the Development.
C. Any area within the Development that is designated as a Common Area by the
Association or the Developer.
19. MAINTENANCE OF DRAINAGE EASEMENTS, PONDS, COMMON AREAS,
ENTRANCE SIGNAGE, ISLANDS AND PUBLIC WALKING PATHS The Homeowner‟s
Association has the responsibility of maintaining landscaping in all common areas, street islands and
subdivision entrance signage, and maintaining any private street signs and street lights within the
subdivision. The Association has the responsibility of properly maintaining (including snow
removal) all public walking paths within the subdivision. The Homeowner's Association further has
the responsibility of properly maintaining all drainage easement areas located within the individual
Lots which are subject to this Declaration of Restrictions and the ponds and all drainage easement
areas within common areas. Maintenance of the ponds shall include, but not necessarily be limited to:
preservation of the embankments; prevention of erosion above the ponds, around the ponds and
downstream therefrom; and dredging if and when determined to be necessary by the Village of
Menomonee Falls. In the event the Owner‟s Association does not properly maintain said items, the
Village of Menomonee Falls may send written notice to the Association setting forth which of said
items The Village has determined to need maintenance and The Village may perform such
landscaping and/or maintenance if not properly done by the Association. The above-referenced
notice shall give the Association a minimum of fifteen (15) days to correct the problem, unless the
Village determines, in its discretion, that a shorter notice period is appropriate due to a hazardous
condition requiring more immediate action. If such maintenance is not performed within the time
granted by the above-referenced notice,
and/or if the Village determines, in its discretion, that immediate action, without notice, is required
due to an imminent threat of damage to persons or property, the Village of Menomonee Falls shall
then have the authority, but not the obligation, to undertake such landscaping and/or maintenance,
and shall have the right to charge the Lot Owners on a pro rata basis for any costs incurred by the
Village as a result of said maintenance. Said costs shall be assessed as special charges pursuant to
Section 66.0627 Wis. Stats. If such charges are not paid by any Lot Owner within the period fixed by
the Village of Menomonee Falls, such charges shall become a lien upon the Lot Owner's Lot as
provided in Section 66.0627(4), Wis. Stats., and shall be extended upon the tax rolls as a delinquent
tax against the Lot Owner's Lot as provided in Section 66.0627, Wis. Stats.
20. PRESERVATION OUTLOTS Outlot 1 of the plat of Ravenwoods contains a population of
Garter Snake known as the Butlers Garter Snake which is listed on the State Threatened and
Endangered Species list as of the date of recording of these deed restrictions. Certain requirements
will be dictated by the Wisconsin Department of Natural Resources to maintain this outlot in a
natural state that will support the existing snake population. The Homeowners Association will be
changed with the responsibility to periodically maintain and administer these requirements.
Outlot 4 of the plat of Ravenwoods contains a population of sedge known as Carex formosa which is
also listed on the State Threatened and Endangered Species list as of the date of recording of these
deed restrictions. Certain requirements will be dictated by the Wisconsin Department of Natural
Resources to maintain this outlot in a natural state that will support the threatened sedge. The
Homeowners Association will be changed with the responsibility to periodically maintain and
administer these requirements.
21. DISCLAIMER Developer shall convey the Common Areas to the H.O.A. „as is‟; all warranties
regarding the Common Areas, express or implied, including warranties of condition, quality of
construction and fitness for a particular use, are hereby disclaimed. The H.O.A. shall be responsible
for obtaining adequate liability insurance for the Common Areas. Developer shall have no liability
for damage or injury to any persons or property arising from the existence or continued use of the
Common Areas. The H.O.A. shall indemnify and hold the Developer harmless against any and all
claims relating to the Common Areas.
22. NO AGENCY FOR OTHER OWNERS No Owner, other than members of the Association‟s
Management Committee, has any authority to act for the Association or the other Owners, as agent or
otherwise, or to bind the Association or the other Owners to contracts, negotiable instruments or
other obligations or undertakings of any kind.
23. SERVICE ON ASSOCIATION Service of process upon the Association for all matters must be
made upon one of the members of the management committee of the Association or such legal
counsel as the Association may designate to receive service of process by recording such designation
with the Register of Deeds for Waukesha County, Wisconsin.
24. NO WAIVER OF RIGHTS Any failure of the Association or the Committee to enforce any
provisions contained in this Declaration will not be deemed to be a waiver of the rights to do so, or
an acquiescence in any subsequent action.
25. ENFORCEMENT OF OBLIGATION BY THE VILLAGE If the Committee fails to discharge
its duties under this Declaration within sixty (60) days of written demand to do so by the Village, the
Village may discharge the duties of the Committee. The Village‟s costs incurred in connection
therewith will be charged to the Owners of the properties affected by such actions of the Village by
adding to each Owner‟s real estate tax statement incurred a pro-rata share, based on the portion of
cost of total charges incurred with respect to the individual Owner‟s lot(s) or units.
26. STORM WATER RETENTION PONDS The storm water retention ponds located in
Ravenwoods have been created and were required by the Village of Menomonee Falls to assist in the
removal and retention of storm water from . The storm water retention ponds are not intended to be
used for swimming or recreational facilities, and any use of the storm water retention ponds for such
use is strictly prohibited. Any persons entering it on or using the storm water retention ponds either
intentionally or accidentally do so at their own risk. By purchase of a lot in Ravenwoods, each
Owner and its respective successors, assigns, heirs and personal representatives thereby waives to the
fullest, extent permitted by law, any and all claims for liability against the Declarant, the Developer,
Homeowner‟s Association, The Village of Menomonee Falls, and their respective agents,
contractors, employees, officers, directors and shareholders, for injury or damage to person or
property sustained in or about or resulting from the use or existence of the storm water retention
ponds. In addition, each Owner (and its successors, assigns, heirs and personal representatives)
agrees to indemnify, defend and hold harmless the Declarant, the Developer, Ravenwoods
Homeowner‟s Association, The Village of Menomonee Falls and their respective agents, contractors,
employees, officers, directors and shareholders, from and against and all liabilities, claims, demands,
costs and expenses of every kind and nature (including attorney‟s fees) including those arising from
any injury or damage to any person (including death) or property damage sustained in or about or
resulting from the use or existence of the storm water retention ponds.
27. UTILITY EASEMENTS Developer has the right to grant and convey easements to the Village or
to any public or private utility company upon, over, through or across those portions of any lot in the
Development within 15 feet of any lot line for purposes of allowing the Village or utility company to
furnish gas, electric, water, sewer, cable television or other utility service to any lot or lots or through
any portions of the Subdivision or for purposes of facilitation drainage of storm or surface water
within or through the Subdivision. Such easements may be granted by Developer, in its own name
and without the consent or approval of any lot Owner, until such time as Developer has conveyed
legal title to all lots platted or to be platted in the Subdivision to persons other than a
28. MAINTENANCE EASEMENTS Certain lots in Ravenwoods have or will have storm water
retention and detention ponds or drainage easements. These easements are not within defined
boundaries in these lots, but are restricted to only such areas, methods of access and duration as are
reasonably required to perform necessary maintenance to the easements or storm water retention
ponds. With respect to the ponds, maintenance includes, but is not limited to, silt and sediment
removal, trash removal, animal control and installation and maintenance of safety barriers or other
devices as deemed necessary by the Developer, the Village or the Homeowner‟s Association.
29. AMENDMENTS This Declaration may be amended by recording in the office of the Register of
Deeds for Waukesha County, Wisconsin a document to that effect executed by the owners of at least
sixty percent (60%) of all then-existing platted lots in the Development, and their mortgagors, with
all signatures duly notarized. Such amendment will become effective only upon recording.
Notwithstanding the foregoing provisions of this Section, The Developer may amend this Declaration
without the consent of any of the lot Owners solely to effect an expansion of to include contiguous
parcels of real estate as may be acquired by Developer from time to time, or to amend the
Declaration for subsequent phases of.
30. DURATION OF RESTRICTIONS These restrictions will be in force perpetually from the date
hereof and will be deemed to run with the land, to bind the Owners and their heirs, successors and
assigns and be enforceable by any Owner and to the extent permitted by Section 24 above, the
This Declaration is executed by the Developer‟s signature below and is effective upon recording by the
Waukesha County Register of Deeds.
THE RAVENWOODS LLC
Philip L. Glass
Ruth Vogel Glick
STATE OF WISCONSIN }
WAUKESHA COUNTY }
Personally came before me this___day of __________, 2004, the above-named Philip L. Glass and Ruth
Vogel Glick to me known to be the persons who executed the foregoing instrument and acknowledged the
William W. Carity
Notary Public, Waukesha County, Wisconsin
My Commission Expires _______________ .
This document drafted by: William W. Carity, Carity Land Corp. 12720 W. North Ave. Brookfield, WI 53005