• Covenant 1

    • 2191 Arundel Pl

    • 2175-2196 Donovan Pl

    • 2208-2237 Heritage Ave

    • 3781-3907 New Salem Ave

    • 2197-2236 Tamarack Dr

  • Covenant 2

    • 2140-2189 Arundel Pl​

  • Covenant 3

    • 2112-3947 Belding Ct​

    • 2160-2163 Donovan Pl

    • 2142-2198 Heritage Ave

    • 2142-3936 Raleigh Dr

  • Covenant 4

    • 2101 Ashland Ave​

    • 2015-2096 Belding Ct

    • 3940-3950 Binghampton Dr

    • 3781-3921 Sandlewood Dr

    • 2090-2187 Tamarack Dr

  • Covenant 5

    • 2043-2100 Ashland Dr​

    • 3800-3931 Binghampton Dr

    • 2005-2019 Cimmaron Dr

    • 3831-3921 Roxbury Dr

    • 2019-2095 Shagbark Ln

    • 2045-3921 Sheldrake Ave

    • 2020-2089 Tamarack Dr

  • Covenant 6

    • 1931-1962 Atherton Way

    • 3980-3981 Channing Way

    • 3832-3875 Crooked Creek Rd

    • 3950-3968 Dixon Cir

    • 3863-3947 Hemmingway Dr

    • 3951-3969 Raven Cir

    • 1973-2001 Valley Brook Dr

  • Covenant 7

    • 3864-3915 Highwood Pl​

  • Covenant 9

    • 3839-3857 Hemmingway​

    • 3785-3819 Yosemite Dr

  • Covenant 10

    • 3805-3835 Hemmingway Dr​

  • Covenant 11

    • 1785-1872 Yosemite Dr​

 

Other documents:

     General Building Guidelines

     General Fence Guidelines

Restrictive Covenants

Article VI: Restrictive Covenants

Land Use and Building Type


Covenants 1,2,3,4 and 5: No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling of new construction not to exceed two and one-half stories in height and a private garage for not more than three cars. Covenants 6,7,9,10,11: No lot shall be used except for residential purposes. However, a model home or home with displays and sales activities may be maintained by the builder, developer, or Real Estate Broker as long as it is well maintained and it is not a nuisance to the general neighborhood. Also "Home Occupation" is permitted as defined by Meridian Township Zoning Ordinance at the time of such use. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling of new construction not to exceed two and one-half stories in height and a private garage for not more than three cars.




Architectural Control


Covenants 1, 2, 3, 4 and 5: No building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external designs with existing structures, and as to location with respect to topography and finish grade elevations. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. Approval shall be as provided in Article VII. Covenants 6,7,9,10,11: No building, fence, wall, basketball backboard or other structure shall be commenced, erected, placed or altered on any Lot or upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted, in writing, to and approved in writing as to the harmony of external design, location in relation to surrounding structure and topography, and finish grade elevations and quality of workmanship and materials as provided in Article VII, Section 1.




Dwelling Cost, Quality and Size


Covenants 1,2,3,4,5:
No dwelling shall be permitted on any lot at a cost of less than $18,000* including lot, based upon cost levels on the date these covenants are recorded, it being the intention and purpose of this covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size.
The ground floor area of the main structure, exclusive of one-story open porches and garages, shall not be less than 1,000 square feet for a one-story dwelling, nor less than 768 square feet for a dwelling of more than one story. *Dwelling cost:

  • Covenants 1 and 3 - $18,000
  • Covenants 2 and 4 - $25,000
  • Covenant 5 - $35,000
Covenant 6: The ground floor area of the main structure, exclusive of one-story open porches and garages, shall not be less than 1,600 square feet for a one-story dwelling, nor less than 1,000 square feet for a two-story dwelling or 1,200 square feet for a 1 1/2 story dwelling. Bi-levels, tri-levels, and rasied ranches are to have at least 1,800 square feet of living area. Covenant 9: The ground floor area of the main structure, exclusive of one-story open porches and garages, shall not be less than 2,000 square feet for a one-story dwelling, nor less than 1,400 square feet for a two-story dwelling or 1,600 square feet for a 1 1/2 story dwelling. Two-storys, bi-levels, tri-levels, and rasied ranches are to have at least 2,400 square feet of living area. One and one half story dwelling will have at least 2,000 square feet of living area. Covenant 10: The ground floor area of the main structure, exclusive of one-story open porches and garages, shall not be less than 2,000 square feet for a one-story dwelling, nor less than 1,400 square feet for a two-story dwelling or 1,600 square feet for a 1 1/2 story dwelling. Two-storys, bi-levels, tri-levels, and rasied ranches are to have at least 2,800 square feet of living area. Exterior of building will be covered with wood siding a minimum of 5/8" thick, or brick veneer, or natural stone, or other material approved in accordance with Article VII, Section 1. No aluminum or vinyl siding or soffits will be allowed. Exposed foundations must be covered with wood siding, brick, stone of stucco. Exterior chimneys will be brick or stone. Covenant 11: Lots #395, 396, 397, 398, 399, 400, 410, 412, 413, 414, 415, 416, 417, and 418 will have a minimum square foot of living area (exclusive of garages and open or screened porches) as follows:
  • 2-story - 2,400 sq ft
  • 1-story - 2,000 sq ft
  • 1 1/2 story - 2,200 sq ft with a minimum of 1,600 sq ft on first floor
  • Bi-levels, tri-levels, and raised ranches - 2,800 sq ft total living area
Lots #401, 402, 403, 404, 405, 406, 407, 408, and 409 will have a minimum Sq. Ft. of living area (exclusive of garages and open or screened porches) as follows:
  • 2-story - 2,800 sq ft
  • 1-story - 2,200 sq ft
  • 1 1/2 story - 2,600 sq ft with a minimum of 1,800 sq ft on first floor
  • Bi-levels, tri-levels, and raised ranches - 3,000 sq ft total living area
Exterior of building will be covered with wood siding a minimum of 5/8" thick, or brick veneer, or natural stone, or other material approved in accordance with Article VII Section 1. No aluminum or vinyl sididng or soffits will be allowed. Exposed foundations must be covered with wood siding, brick, stone or stucco. Exterior chimneys will be brick or stone.




Building Location


Covenants 1,2,3,4,5: No building shall be located on any lot nearer to the front or line or nearer to the side street line than the minimum building setback line as shown on the recorded plat. In any event, no building shall be located on any lot nearer than 30 feet to the front lot line, or nearer than 25 feet to any side street line. No building shall be located nearer than 10 feet to an interior lot line, except that a 2 foot minimum side yard shall be permitted for a garage or other permitted accessory building located 60 feet or more from the minimum building setback line. No dwelling shall be located on any interior lot nearer than 15 feet to the rear lot line. For the purposes of this covenant, eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach on another lot. An eave or roof may not be nearer than 5 feet to any lot line. Covenants 6,7,9: Buildings shall be located on any lot as required by the applicable governmental zoning ordinance. Covenant 10: Buildings shall be located on any lot as required by the applicable governmental zoning ordinance, except that buildings on lots #393 and 394 will be set back from the front lot line at least 35' and buildings on lots 380 through 392 will be set back at least 40' from the front lot line. Covenant 11: Buildings shall be located on any lot as required by the applicable governmental zoning ordinance, except that buildings on lot #403 will be set back from the front lot line at least 35' and all other lots will have a minimum set back of 40' from the front lot line.




Lot Area and Width


Covenants 1,2,3,4,5:

No dwelling shall be erected or placed on any lot having a width of less than 65 feet at the minimum building setback line nor shall any dwelling be erected or placed on any lot having an area of less than 9,000 square feet.

Covenants 6,7,9,10,11:

Lots shall not be split unless approved by the applicable governmental zoning ordinance.




Easements


Easements are reserved along and within 6 feet* of the rear and side lines of each lot for the purpose of laying, maintaining, and operating pipes and pole lines for the transmission of water, gas, and electricity, to carry telephone lines, and other public and quasi-public utilities, conduits, wires, sewer lines, and fixtures for the electric lights and to use and occupy said premises for said purpose, with the right to ingress to and egress from to repair the same when necessary and to trim and to cut trees which at any time may interfere with the operation or maintenance of said public and quasi-public utilities.

It shall not be considered a violation of the provision herein contained of wires or cables carried by such pipes and poles over some portion of said premises not within this easement as long as the same do not hinder, interfere with, or obstruct the construction of any dwelling.

*Easement line:

  • Covenants 1, 2, 3, and 4 - 6 feet

  • Covenants 5, 6, 7, 9, 10, and 11 - 10 feet




Nuisances


No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.




Temporary Structures


No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.




Signs


No sign of any kind shall be displayed to the public view on any lot except one professional sign or not more than one square foot, one sign of not more than six square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.




Oil and Mining Operations


No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any lot.




Livestock and Poultry


No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purposes.




Garbage and Refuse Disposal


Any tank for the storage of fuel placed or maintained on said premises outside any building on any lot shall be located below the surface of the ground.

No refuse pile or other unsightly or objectionable material or thing shall be allowed or maintained on any lot.

No outdoor incinerator may be installed or permitted on any lot.

Each dwelling must be equipped with an electric garbage dispose connected to the plumbing system or a gas fired indoor incinerator must be installed.




Sewage Disposal


No individual sewage disposal or septic system shall be installed or permitted on any lot.




Water Supply


No individual water-supply system shall be permitted on any lot unless such system is located, constructed, and equipped in accordance with the requirements, standards, and recommendations of both state and local public health authorities. Approval of such system as installed shall be obtained from such authority.




Sight Distance at Intersections


No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in case of a rounded property corner, from the intersection of the street property lines extended.

The same sightline limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement.

No tree shall be permitted to remain within such distances of such intersections unless foliage line is maintained at sufficient height to prevent obstruction of such sight lines.




Driveway Approach


Covenants 1,2,3,4,5,6,7,9,10:

No lot shall be used for residential purposes unless the driveway approach and driveway leading from the hard-surfaced street to the garage shall be made of asphaltic or concrete materials.

Covenant 11:

No lot shall be used for residential purposes unless the driveway approach and driveway leading from the hard-surfaced street to the garage shall be made of concrete materials.

Owners of lots 395 through 402 and lots 409 through 418 will install public sidewalks 5' wide and the owner of lot $408 will install 5' wide concrete sidewalk on the North side of lot #408.




Planting Strip


No lot shall be used for residential purposes unless the planting strip situated between the lot line or sidewalk and the street or curb line shall be graded, covered with four inches of fertile friable top soil, and supplied with sufficient perennial grass seed to seed same. The remainder of the lot not occupied by dwellings, driveway, or garden shall be grass seeded or sodded within six months from date of completion of the dwelling and the lawn shall be properly kept and maintained. These obligations re the responsibility of the owner of such lot.

Note: Provided, however, that it shall not be necessary that either Section 16 or Section 17 of the above covenants be fulfilled for one year from the start construction of a dwelling house on any lot; and, provided further, that it shall be the responsibility and obligation of the Association to enforce the above covenants.




Garages


Any dwelling built on any lot shall have at least a 264* square foot garage attached to, connected with, or built as a part of the dwelling.

*Garage size:

  • Covenant 1 - 264 sq ft

  • Covenants 2, 3, 4, and 5 - 440 sq ft

  • Covenants 6, 7, 10, and 11 - 400 sq ft

  • Covenant 9 - 480 sq ft




Exterior Storage


Covenants 1,2,3,4:

All dwellings and garages constructed on the lots shall be of new construction.

There shall be no outdoor storage of a mobile home or house trailer and the outdoor storage of boats, utility trailers and camping trailers is prohibited except in the rear yard and in such a manner as shall be approved by the Architectural Control Committee.

No carport shall be erected or maintained on any lot.

Covenants 5,6,7,9,10,11:

All dwellings and garages constructed on the lots shall be of new construction.

There shall be no outdoor storage of a mobile home, motor home, house trailer or other recreational vehicle or trailer, and the outdoor storage of boats, snowmobiles, utility trailers, camping trailers, or any other kind of trailer, is prohibited except in the rear yard and in such a manner as shall be approved by the Architectural Control Committee.

"Storage" is considered anything over forty-eight (48) hours in any one week

No carport shall be erected or maintained on any lot.




Restoration


Any dwelling and garage on any lot which may in whole or in part be destroyed by fire, windstorm, or other casualty must be rebuilt or all debris removed and the lot restored to a slightly condition with reasonable dispatch.




Earth Removal


Any soil or earth removed in grading or excavating on any lot shall be deposited at such place as shall be designated by the Architectural Control Committee, provided the recipient of the dirt is willing to pay the truck time cost for hauling.




Lot Condition and Maintenance


Covenants 1,2,3,4:

The owner of any lot shall at all times keep and maintain the same in an orderly manner causing weeds and other growth to be seasonably cut, prevent accumulations of rubbish and debris, and in general maintain the lot in a slightly condition.

Should the owner refuse or neglect to maintain any lot in an orderly manner as herein provided after notice in writing is given him by the Architectural Control Committee of Violation of the requirements herein contained; the premises may be placed in an orderly manner and the owner shall be required to pay the cost thereof, collection to be made by the Association in the same manner as the annual assessment.

Covenants 5,6,7,9,10,11:

The owner of any lot shall at all times keep and maintain the same in an orderly manner causing weeds and other growth to be seasonably cut, prevent accumulations of rubbish and debris, and in general maintain the lot in a slightly condition.

Should the owner refuse or neglect to maintain any lot in an orderly manner as herein provided after notice in writing is given him by the Architectural Control Committee of Violation of the requirements herein contained; the premises may be placed in an orderly manner and the owner shall be required to pay the cost thereof, collection to be made by the Association in the same manner as the annual assessment, and said assessment, until paid, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment of cost is made.

Each assessment, together with such interest thereon, and cost of collection thereof, shall be the personal obligation of the person who was the owner of such property at the time when the assessment fell due, percisely in the same manner as with regard to collection and enforcement of annual assessments.




Yard Lights


Covenants 1,2,3,4,5:

Each dwelling shall have an electric or gas yard light that operates automatically when darkness approaches and owner or occupant shall keep same in good mechanical condition.




Mailboxes


Covenants 1,2,3,4,5:

Any mailbox installed in a post in front of the dwelling must be of a design approved by the Architectural Control Committee and maintained by the owner or occupant.





Article VII: Architectural Control Committee

Review by Committee


No building, fence, wall or other structure shall be commenced, erected or maintained upon The Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shapre, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said board, or its designted committee, fail to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the addition, alteration, or change has been commenced prior to the completion thereof, approval will not be required and this Article will be deemed to have been fully complied with.





General Criteria

General Fence Criteria


Approved by BHOA Board of Directors (December 13, 2016) Goal: to balance homeowner rights and safety with maintenance of the aesthetic attractiveness in accordance with the restrictive covenants associated with the Briarwood neighborhood. It would be impractical for the Briarwood Home Owners Association to attempt to undo the significant fence construction that has occurred since the 1960s. If a fence erected prior to June 12, 2014 violates any of the following criteria, it can remain. However, Briarwood residents are encouraged to remove existing fences on their property that are no longer functional, have become unattractive due to age, or might detract from the real estate value of a home. Before proposing a new fence, Briarwood residents are also encouraged to consider alternatives such as live plants or electronic fencing for pets. Replacement of existing fences must be approved by the Architectural Control and Enforcement Committee but replacement of existing fences in the same place and of the same height will usually be approved unless the replacement is significantly different in style or material from the existing fence. A Briarwood homeowner desiring to build or construct a fence must first submit an APPLICATION TO CHANGE EXISTING PROPERTY and receive approval from the ACCE Committee. Any proposed new or replacement fence must contain detailed drawings of the proposed fence line on the property along with a clear picture of the proposed fence style including height, materials, and color. (Include high quality photos of types of approvable fences) While not required, it is preferred that construction be completed by a professional contractor. All proposed fences must comply with any local zoning or building ordinances. In all instances, the Architectural Control and Covenant Enforcement Committee will consider each application in the context of its immediate surroundings. It is strongly recommended that General fence criteria: Fences will be constructed to be a permanent structure with a projected life time of at least five years. Wire, plastic, or other temporary fencing will not be permitted. Examples of previously approved fencing materials include:

  • split rail fence with or without colored black, brown or green chain link fence securely attached to the split rails;
  • cedar or other natural wood fencing including treated lumber;
  • aluminum, wrought iron, or other metal fencing treated to prevent rust or deterioration;
  • PVC and vinyl fencing of such structural strength as to be expected to last in Michigan weather for at least five years.
  • other materials may be approved on a case-by-case basis if the ACCE Committee determines that the proposed fence will preserve the aesthetic needs of the neighborhood.
Fencing usually discouraged and likely to be disapproved:
  • front yard fences (defined as fencing that extends beyond the front façade of the house or garage);
  • fences in excess of 4 feet tall (except where requested to prevent access to a permanent swimming pool);
  • fences that due to color, style, materials or location would disrupt the aesthetics of the immediate neighborhood.




General Building Criteria


(Adopted by BHOA Board of Directors June 8, 2015) The restrictive covenants for Briarwood’s ten geographical sections vary slightly in content. Before proceeding, please review the covenant that pertains to the section where you live. You can find it at www.briarwoodhoa.org. Although you are not required to do so, we encourage you to consult informally with the Architectural Control and Covenant Enforcement Committee before you submit an application for an accessory building. The Briarwood Home Owners Association Board of Directors intends to monitor the condition of accessory buildings that are constructed after Board approval. Your complete, written application and attachments require review and formal action by the Briarwood Home Owners Association Architectural Control Committee before you initiate changes to the exterior of your property. The Board reviews applications on a case by case basis within thirty days of receipt. The following guidelines are intended to help residents prepare applications for approval. Accessory building proposals that meet all of these criteria are generally approved: buildings which are eight feet long by eight feet wide by nine feet high or smaller

  • buildings that meet minimum setbacks as required by covenants and ordinances. (currently at least six feet from the rear and side lot lines, at least 30 feet from the front lot line, at least 25 feet from the side street and at least 10 feet from any other building)
  • buildings which closely match or complement the color, materials and trim of the principal building on the property
  • buildings which are firmly anchored to the surface immediately below
  • applications which include complete information regarding exact location in relation to lot lines and easements, materials to be used on all exterior surfaces, color of exterior surfaces, harmony with existing structures, topography, and finish grade elevations
  • applications which make the building less noticeable and which blend into the surrounding property
  • proof that every immediate neighbor approves of the specific accessory building being proposed
  • evidence of construction skills if a licensed contractor installs the building the accessory building; or evidence that the homeowner possesses requisite construction skills and recent construction experience
  • inclusion of details regarding long-term care of the building to ensure future harmoniousness with neighborhood.
  • evidence of the applicant’s intention to assure the security and safety of the contents of the building in order to discourage theft or vandalism in Briarwood
The following accessory building proposals are generally not approved: 
  • buildings constructed primarily of metal
  • buildings of cheap or inferior quality 
  • buildings that would be used as a temporary or permanent dwelling
  • applications that are incomplete or, if complete, do not satisfy each of the generally approved criteria
  • an applicant’s annual Briarwood dues assessments are in arrears.
  • proposals which do not maintain the aesthetic quality of the immediate neighborhood or which might adversely affect residential property values
  • buildings to which any Briarwood neighbor objects