Covenants & Restrictions


This Declaration, made this 13th day of November, 1986, by the Dutch Hollow Lake Property Owners' Association, Inc, a Wisconsin corporation hereinafter called "Association."


WHEREAS, the Association was originally created by Branigar Lake Properties of Wisconsin, Inc., for the purpose of excercising the functions set forth in the Covenants and Restrictions dated November 13, 1970; and

WHEREAS, the Association, by its Board of Directors and through its members, believes it to be in the best interests of the Association to make certain specific changes to the above Covenants and Restrictions; and

WHEREAS, all lot owners as defined in the original Covenants and Restrictions have been provided with notice and a chance to comment on these proposed amendments; and

WHEREAS, the requisite number of consents have been received by the Board of Directors for the Association;

NOW THEREFORE, the Association declares that the real property described in Article II, and such additions thereto and hereafter as may be pursuant to Article II, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "Covenants and Restrictions") hereinafter set forth.




Section 1. The following words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings:

(a) "Association" shall mean and refer to Dutch Hollow Lake Property Owners' Association, Inc., its successors and assigns.

(b) "The Properties" shall mean and refer to all such existing properties, and additions thereto, as are subject to this Declaration or and Supplemental Declaration under the provisions of Article II hereof.

(c) "Common Properties" shall mean and refer to: those areas of land shown on any recorded subdivision plat of The Properties as "outlot" followed by a numerical designation and intended to be devoted to the common use and enjoyment of the owners of The Properties and the lake dam or dams conveyed to the Association.

(d) "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of The Properties with the exception of Common Properties as heretofore defined.

(e) “Living Unit” shall mean and refer to any portion of a building situated upon The Properties designed and intended for the use and occupancy as a residence by a single family.

(f) “Livestock” shall mean farm or food animals. These include, but are not limited to, horses, ponies, mules, donkeys, asses, cattle, sheep, swine, goats, rabbits, etc., and chickens, geese, turkeys, ducks, guinea hens, etc. “Livestock” shall not mean traditional pet animals. Pet animals include, but are not limited to, dogs, cats, tropical fish, canaries, parrots, etc., except that no facilities for the commercial care, breeding, or sale of pets shall be operated in Dutch Hollow.

(g) “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or Living Unit situated upon The Properties but, not withstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.

(h) “Member” shall mean and refer to all those Owners who are members of the Association as provided in Article IV, Section 1, hereof.

(i) “Dwelling Lot” shall mean a lot intended for the improvement with a dwelling.

(j) “Dwelling” shall mean any building located on a dwelling lot and intended for the shelter and housing of a single family.

(k) “Dwelling Accessory Building” shall mean a subordinate building or a portion of a dwelling, the use of which is incidental to the dwelling and customary in connection with that use.

(l) “Single Family” shall mean one or more persons each related to the other by blood, marriage or adoption, or a group of not more than three persons not all so related, together with his or their domestic servants, maintaining a common household in a dwelling.

(m) “Basement” shall mean the portion of a dwelling located partly underground but having less than one-half it clear floor-to-ceiling height below the average grade adjoining ground at the building front.

(n) “Cellar” shall mean the portion of the dwelling located partly or wholly underground and having one-half or more than one-half of its clear floor-to-ceiling height below the average grade of the adjoining ground at the building front.

(o) “Building Height” shall mean the vertical distance measured from the established building grade at the building front to the highest point of underside of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of rafters between the eaves and the ridge of the gable, hip or gambrel roof. Chimneys and ornament architectural projections shall not be included in calculating the height.

(p) “Building Line” shall mean a line on a lot that is delineated in the recorded plat of subdivision which denotes the required depth or a front, side, or rear yard.

(q) “Lot Area” shall mean the area of a horizontal plane bounded by the vertical planes through front, side and rear lot lines.

(r) “Lot Line” shall mean any boundary of a lot.

(s) “Waterfront Facility” shall mean any pier, dock, boat ramp, or related facility. A boat house shall not be a “Waterfront Facility.”

(t) “Parkway” shall mean the unimproved strip of land between a lot line and the improved portion of the street right-of-way.

(u) “Story” shall mean that portion of a dwelling included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story and a cellar shall not be counted as a story.

(v) “Half Story” shall mean the space under a sloping roof which has the line of intersection of roof decking and wall not more than three feet above the top floor level, and in which space not more than 60% of the floor area is completed for principal or accessory use.

(w) “Ground Floor Area” shall mean the living area in that story of the dwelling which is the first story entirely above the established building grade, at the building front.

(x) “Living Area” shall mean that portion of a dwelling which is enclosed and customarily used for dwelling purposes but shall not include open porches, open terraces, breezeways, cellars, attached garages, carports or dwelling accessory buildings.

(y) “Structure” shall mean anything erected or constructed, the use of which requires more or less permanent location on or in the ground, or attached to something having a permanent location on or in the ground. Any sign or other advertising device should be construed to be a separate structure.





Section 1. Existing Property. The real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this Declaration is located in Sauk County, Wisconsin and is more particularly described in the various Plats of Branigar’s Dutch Hollow Lake in accordance with the Plat thereof recorded in Sauk County, Wisconsin, all of which is real property shall hereinafter be referred to as “Existing Property.”

Section 2. Additions to Existing Property. Additional land may become subject to this Declaration in the following manner:

(a) The Association, it successors and assigns, shall have the right to bring within the scheme of this Declaration additional properties in future stages of the development.

The additions authorized under this and the succeeding sub-section shall be made by filing of record a Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Declaration to such property.

Such Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with the scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify or add to the covenants established by this Declaration within the Existing Property.

(b) Other Additions. Upon approval in writing of the Association pursuant to a vote of its members as provided in its Articles of Incorporation, the Owner of any property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association, may file of record a Supplementary Declaration of Covenants and Restrictions, as described in subsection (a) hereof.

(c) Mergers. In the event of a merger or consolidation of the Association with another association as provided in its Articles of Incorporation, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, or consolidated association may administer the covenants and restrictions established by this Declaration within the Existing Property together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within the Existing Property except as hereinafter provided.




         Section 1. Land Use and Building Type. All lots which are designated on any recorded subdivision plat of The Properties with a numeral (without prefix) are intended as dwelling lots and shall be used for private residence purposes only. No structure, except as specifically authorized elsewhere in this Declaration shall be erected, re-erected or maintained on a dwelling lot except one dwelling designed for occupancy by a single family, a private garage containing no more than four parking spaces for the sole use of the Owners or occupants of the dwelling, and waterfront facilities for the sole use of the Owners and occupants of the dwelling. Said garages may have living quarters in connection therewith for the sole use of the Owner or occupants or his servants or guests but shall not be used for rental purposes. No structure, garage, or other dwelling accessory shall be erected prior to the construction of a dwelling. No dwelling, accessory buildings or structures may be erected except in such manner and location as hereinafter provided or as approved in writing by the Association. Where foundations are desired, the should be so designated as to minimize excavation (such as column and beam construction) and excavated material should be stocked in a way that it cannot be eroded and carried into the lake. Where vegetation cover is destroyed, it should be replaced immediately so as not to allow soild to be exposed to erosive forces.

         Section 2. Building Height. No dwelling shall be erected, altered or placed upon any dwelling lot which has a building height of more than thirty feet; and no dwelling accessory building or structure shall exceed seventeen feet in height, unless a greater height, unless a greater height is approved in writing by the Association.

         Section 3. Dwelling Materials, Quality and Size. It is the intention and purposes of these covenants to insure that all dwellings shall be of a quality of design, workmanship and materials approved by the Association. All dwellings shall be constructed in accordance with applicable governmental building codes and with more restrictive standards that may be required by the Architectural Control Committee of the Association. The ground floor area of any dwelling shall be not less than 750 square feet. Building exteriors must be made of brick, frame or log construction, and all wood exteriors must be painted or stained. The exterior portion of any structure must be completed within one year from date of commencement of said construction.

         Section 4. Location on the Lot. No structure shall be located on any lot nearer to a lot line that the building lines shown on the recorded plat of subdivision, or nearer than five feet from any other lot line.

         Section 5. Driveways. Plans and specifications for driveways, culverts, pavement edging or markers shall be as approved in writing by the Architectural Control Committee.

         Section 6. Waterfront Facilities. No waterfront facility may be built or maintained on any lot or any Common Property without the prior written approval of the Board of Directors of the Association or an Architectural Committee appointed by the Board. In its discretion the Board may approve, prohibit or limit the construction or maintenance or location of any waterfront facility and the use thereof.

         Section 7. Home Occupations, Nuisances and Livestock. No home occupation or profession shall be conducted in and Living Unit or accessory building except those that meet all conditions set by the Board of Directors. No livestock may be kept or raised on any Lot or in any Living Unit or accessory building or structures. No noxious or offensive activity shall be carried on, in or upon any premises nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No power vehicle incapable of moving under its own power shall be stored on any lot The use of any garage, carport, driveway or parking area which may be in front or adjacent to a part of any lot as a habitual parking space for commercial vehicles prohibited. The parkway located between the pavement and the lot line of each lot shall not be used for the parking of private or commercial vehicles, boats or trailers. The habitual violation of such parking regulations shall be deemed a nuisance.

         Section 8. Plant Diseases or Noxious Insects. No plants or seed or other things or conditions harboring or breeding infectious plant diseases or noxious insets shall be introduced or maintained upon any part of a lot.

         Section 9. Temporary Structures. No trailer or a basement of any uncompleted building, tent, shack, garage, barn (except as permitted in Section 1 of this Article) and no temporary building or structure of any kind shall be used at any time for a residence, either temporary or permanent. Temporary building or structures used during the construction of a Living Unit shall be on the same lot as the dwelling and such buildings or structures shall be removed upon completion of construction. Temporary signs must conform to limiting specifications established by the Board of Directors.

         Section 10. Easements. In the recorded plat of subdivision of the Existing Property, Developer has:

  1. Reserved an easement to itself, and its successors and assigns, within the area as shown on the plat and marked “Utility Easement,” to install, lay, construct, renew, operate and maintain utility pipes and conduits and underground equipment for the purpose of serving The Properties with telephone, electric, and other utility services; and also reserves the right to cut down and remove any trees or bushes that interfere or threaten to interfere with and such use or right. No permanent building, structure or trees shall be placed upon said easement except that said easement may be used for gardens, shrubs, landscaping and other purposes not then or later interfering with said reserved uses and rights;
  2. Created and easement for surface drainage in and along the streets and such other locations as are shown on the plat marked “Drainage Easement.”

Section 11. Maintenance of Parkways. Each Owner shall be responsible for the maintenance of parkways located between his lot lines and the edges of street or ingress or egress easements on which said lots border.

Section 12. Wells and Plumbing. All plumbing fixtures, dishwashers, toilets or sewage disposal systems shall be connected to a septic tank system approved by the Association and any state, county or municipal authority having jurisdiction. Septic tank systems and locations must be of registered professional engineering or registered professional designer design. Said engineer’s or designer’s design plans must be submitted to the Association for approval and issuance of permit prior to commencing construction. All systems are to be of the closed type; no waste water is to be discharged into the lake, or onto common properties.

Section 13. Deviations by Agreement with the Association.

  1. The Association, its successors or assigns, has the right to enter into agreements with the grantee of any lot or lots without the consent of grantees of other lots or adjoining or adjacent property to deviate from any of the covenants set forth in this Article III for reasons of practical difficulties or particular hardships evidenced by any such grantee. Any such deviation, which shall be manifested by agreement in writing, shall not constitute a waiver of any shich covenant as to other lots in The Properties.
  2. Notwithstanding anything herein which is to the contrary, the Developer, Branigar Lake Properties of Wisconsin, Inc., has reserved the right to construct and maintain on lots selected by it in The Properties a structure or structures for use by it, and its successors and assigns, as an office or offices in connection with the development and sale of The Properties and to erect and maintain signs at selected locations to implement its sales activities, and as a location for water well or wells, water storage facility and sewage treatment facility or facilities provided no such facility shall be maintained in such manner as to interfere unreasonable with the enjoyment of any lot by the Owners thereof.



         Section 1. Membership. Every person or entity who is a record Owner of a fee, or undivided fee, interest in any Lot which is subject by covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member.

         Section 2. Voting Rights. Members shall be entitled to one vote for each Lot in which they hold the interests required for membership by Section 1. When more than one person holds such interest or interests in any Lot, all such persons shall be members, and the vote for such Lot shall be exercised  as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Lot.




         Section 1. Members’ Easements of Enjoyment. Subject to the provisions of Section 3, every member shall have a right and easement of enjoyment in and to the Common Properties, and such easement shall be appurtenant to and shall pass with the title to every Lot or Living Unit.

         Section 2. Title to Common Properties. The title to all Common Properties shall be held by the Association.

         Section 3. Extent of Members’ Easements. The rights and easements of enjoyment created hereby shall be subject to the following:

         (a) The right of the Association to prescribe rules and regulations for the use of Common Properties, and such other regulations as the Association deem necessary to the health, safety and welfare of the Association and its members. The Association may assign specific piers, docks, and other waterfront facilities for the use of specific Lot owners.

         (b) The right of the Association in accordance with its Articles and By-laws to borrow money for the purpose of improving the Common Properties and in aid thereof to mortgage said properties. In the event of a default upon any such mortgage the lender’s rights hereunder shall be limited to a right, after taking possession of such properties, to charge admission and other fees as a condition to continued enjoyment by the members and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied whereupon the possession of such properties shall be returned to the Association and all rights of the members hereunder shall be full restored.

         (c) The right of the Association to take such steps as are reasonably necessary to protect the above described properties against foreclosures.

         (d) The right of the Association, as provided in its Articles and By-laws, to suspend the enjoyment rights of any person for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations.

         (e) The right of the Association to change reasonable admission and other fees for the use of the Common Properties.

         (f) The right of the Association to dedicate or transfer all or any part of the Common Properties to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Association in accordance with its Articles and By-Laws.

         (g) The right of the Association, its successors and assigns, to construct on, over and under the Common Properties and to maintain electric, gas, telephone, sanitary disposal system and other utility facilities to serve The Properties or portions thereof and to gran easements to others in such regard.




         Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; (2) special assessments for capital improvements; such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon The Property against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.

         Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in The Properties and, in particular, for the improvement and maintenance of properties, services, and facilities devoted to this purpose and related to the use and enjoyment of the Common Properties and of the Living Units situated upon The Properties, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement, and additions thereto, and for the cost of labor, equipment, materials, management and supervision thereof. Fencing and maintenance of same, along the perimeters of the development, shall be a valid use of annual or specific assessments.

         Section 3. Basis and Maximum of Annual Assessments. The annual per lot assessment shall be indexed to 1977 dollars and the national consumer price index. The Board of Directors for the Association may set the annual assessment in an amount not to exceed a figure equal to the purchasing power of $100 in 1977. This amount may be increased by vote of the members as provided below.

         The Board of Directors of the Association may, after consideration of current maintenance costs and future needs of the Association, fix the actual assessment for any year at a lesser amount that the indexed maximum.

         Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized by Section 3 hereof, the Association hay levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement or a described capital improvement upon the Common Properties, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting.

Section 5. Change is Basis and Maximum of Annual Assessments. Subject to the limitations of Section 3 hereof, the Association may change the maximum and basis of the assessments fixed by Section 3 hereof prospectively provided that any such change shall have the assent of two-thirds of the votes of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (3) days in advance and shall set forth the purpose of the meeting, provided further that the limitations of Section 3 hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation and under Article II, Section 2 hereof.

Section 6. Quorum for Any Action Authorized Under Section 4 and 5. The quorum required for any action authorized by Section 4 and 5 hereof shall be as follows:

At the first meeting called, as provide in Sections 4 and 5 hereof, the presence at the meeting of members, or proxies, entitled to cast sixty (60) per cent of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 4 and 5, and the required quorum at any such subsequent meeting shall be one-half of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (6) days following the preceding meeting.

Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided herein shall commence on the date (which shall be the first day of a month) fixed by the Board of Directors of the Association to be the date of commencement. 

The due date of any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment.

Section 8. Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Lot or Living Unit for each assessment at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of The Properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner.

Written notice of the assessment shall thereupon be sent to every Owner subject thereto.

The Association, upon demand, and upon payment of a service fee, shall at any time furnish to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has ben paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

Section 9. Effect of Non-Payment of Assessment: The Personal Obligation of the Owner; The Lien; Remedies of Association. If the assessments are not paid on the date when due (being the dates specified in Section 7 hereof), then such assessment shall become delinquent and shall, together with such interest thereon become an continuing lien on the property which shall bind such property in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. The personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them.

If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at a rate set by the Board of Directors, but not higher than the current average mortgage interest rate charged by local banks, and the Association may bring an action at law against the Owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assessment the costs of preparing  and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment above provided and a reasonable attorney’s fee to be fixed by the court together with the costs of the action. If a lien is filed, administrative costs for such filing shall be set by the Board of Directors and shall be added to the amount due at the time of filing.

Section 10. Exempt Property. The following property subject to this Declaration shall be exempted from assessments, charges and lien created herein: (a) all properties to the extent of any easement or other interest therein dedicated and accepted by local public authority and devoted to the public use; (b) all Common Properties as defined in Article I, Section 1 hereof; (c) all properties exempted from taxation by the law of the State of Wisconsin, upon terms and to the extent such legal exemption.

Notwithstanding any provisions herein, no land or improvements devoted to dwelling use shall be exempt from said assessments, charges or liens.




         Section 1. Review by Committee. No building, fence, wall or other structure shall be commenced, erected or maintained upon The Properties, not 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 and grade of the same shall have been submitted to and approved in writing as to harmony of the external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Control Committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated 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, except that no waterfront facility shall be built or maintained without the prior written approval of the Board of Directors of the Association or by an Architectural Control Committee appointed by the Board. As the discretion of the committee, a filing fee set by the Board of Directors shall accompany the submission of such plans to defray committee expenses. No additional fee shall be required for resubmission of plans revised in accordance with committee recommendations.




         Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declarations, their respective legal representatives, heirs, successors, and assigns, unless an instrument approved by the then Owners of two-thirds of the Lots has been recorded agreeing to change said covenants and restrictions in whole or in part. Provided, however, that no such agreement to change shall be effective unless made and recorded three (3) years in advance of the effective date of such change, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken.

         Section 2. Notices. Any notice required to be sent to any member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last know address of the person who appears as member or Owner of the records of the Association at the time of such mailing.

         Section 3. Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding a law or in equity any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants; and failure by the Association or and Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.


To download the official Covenants and Restrictions, Articles of Incorporation and Bylaws document, please click here.

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