Note:
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CROSSMANN COMMUNITIES, INC. COVENANTS AND RESTRICTIONS FOR OAK FORGE
1. No lot shall be used except for residential purposes.
2. 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.
3. No permanent signs allowed; except for the signage by developer for the sale of new homes. Directional signage shall be permitted on the weekends only. They may not be Installed until after 5:00 P.M. on Friday and must be removed by 6:00 P.M. on Sunday.
4. No structure of a temporary character, trailer, shack, garage, barn or other our buildings shall be used or maintained on any lot at any time either temporarily or permanently.
5. No structure or planting, other than driveway or sidewalk, shall be permitted to interfere with any easement which may obstruct or retard direction of any drainage water.
6. No above ground swimming pools shall be erected on any lot.
7. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except for two (2) dogs, cats, or other household pets, which may be kept provided they are not kept, bred or maintained for commercial purposes.
8. No fences, shall be built on any part of said lot between the rear of the building constructed thereon and the street in the front of the building. Fences erected on said lot from the rear of the building to the back property line shall not be in excess of four (4) feet in height and shall be of rustic rail, decorative wood or hedge.
9. No trucks larger than three-fourths ton, boats, trailers, campers, mobile homes, motor homes, buses, or delivery vans shall be permitted to be parked in excess of forty-eight (48) hours, except that any of such vehicles being stored or parked in an enclosed garage, and except that any vehicles being used for the purpose of construction, delivery or repair work upon any lot shall be permitted to park on or in front of a lot on a temporary basis.
10. Each lot shall maintain four (4) off street parking spaces (includes garage).
DECLARATION OF COVENANTS AND RESTRICTIONS FOR OAK FORGE SUBDIVISION
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CROSSMANN COMMUNITIES OF OHIO, INC., an Ohio corporation, (hereinafter sometimes referred to as "Developer'), is the owner of all of the property described on the attached Exhibit A. Additionally, Developer anticipates that individual lot owners of the property in Oak Forge Subdivision, Section I and additional Sections of the Subdivision will join in the execution of this Declaration by separate instrument (the "joinder"). The real property described on Exhibit A hereof, on Exhibit B of such Joinder, and on Exhibit A to any such additional Declarations relating to additional sections in the Subdivision created by Developer are collectively referred to as the "Subdivision." The Developer and such joining parties, if any, have established a general plan for the improvement and development of the Subdivision and certain surrounding area known collectively as Oak Forge Subdivision ("Subdivision"), and do hereby and by such joinder do I further establish the covenants, conditions, and restrictions ("Declaration") upon which all lots and portions of such lots shall be improved or sold for the benefit of each owner of land in the Subdivision, or any interest therein, which shall inure to the benefit of and bind each of the successors in interest to the present owners thereof. All of the covenants, conditions, and restrictions are imposed upon each of the single-family building lots within the Subdivision and are to be construed as restrictive covenants running with the title to such lots, and with each and every parcel thereof or interest therein. Each grantee of the Developer or such other owner, by the acceptance of a deed of conveyance, accepts the same subject to all covenants, conditions, restrictions, liens, charges, rights and powers created or reserved by this Declaration, and all rights, benefits, and privileges of every character hereby granted, created, reserved, or declared, and all impositions and obligations hereby imposed shall be deemed and taken to be covenants running with the land, and shall bind any person having at any time any interest or estate in such land, and shall inure to the benefit of such person in like manner as though the provisions of this Declaration were recited and stipulated at length in each and every deed or other conveyance. Each grantee accepting a deed for property in the Subdivision, whether or not the same incorporates or refers to this Declaration, covenants for himself, his heirs, personal representatives. successors and assigns to observe, perform and be bound by this Declaration and to incorporate the same by reference in any deed or other conveyance of all or any portion of his interest in any real property subject hereto. The Covenants and Restrictions set forth herein are in addition to, and an expansion of, those Covenants and Restrictions set forth on the Record of Plat of Oak Forge Subdivision, Sections 1 and 2, which Plats are recorded in (i) Plat Book 33, pages 92, 93 and 94 and (ii) Plat Book 36, pages 96 and 97, of the Plat Records of Warren County, Ohio.
1. Single-Family Residence.
All lots shall be used for single-family residence purposes only unless Developer, in its sole discretion, determines to use the lot for other purposes in order to assist in the development of the Subdivision, such as a model home, sales office, temporary construction office or otherwise.
No lot, or the improvements thereon. shall be used to provide shelter on a temporary semi-permanent, or permanent basis, to more than three persons unrelated to each other by blood. marriage, legal adoption or legal custody or without written permission of the parent or legal custodian of a minor child.
2. Building and Structures.
(a) No building or structure shall be erected, placed or permitted to remain upon any lot except one single-family residence. The word "structure" or "building" means any thing or object, the placement of which upon any lot may affect the appearance of such lot including, without limitation any garage, shed, barn, greenhouse, satellite dish, freestanding antenna, coop, cage, house trailer, or any other improvement on such lot. The word "structure" or "building" does not include covered or uncovered patios, basketball poles, swing sets, swimming pools which are not more than one foot above ground level, bath houses, wails, fences, driveways and walkways.
(b) A garage is required on each developed residential lot and such garage must be attached to each single-family residence.
(c) Fences and walls are restricted under paragraph 6 below.
3. Animals and Pets.
No animals of any kind shall be kept or maintained on any lot, except household pets, such as dogs and cats, and any such household pets may not be in violation of paragraph 8 below pertaining to prohibited activities.
4. Signs.
No sign, billboard, or advertisement of any kind shall be displayed on or about any lot to public view except for signs advertising the property for sale or rent, or signs used by the Developer to advertise or promote the Subdivision.
5. Approval of Plans.
(a) No building or structure of any kind shall be constructed. erected, placed, moved onto, or permitted to remain upon any lot unless and until plans and specifications for any such building or structure have been submitted to and approved in writing by Developer, or a duly authorized successor of Developer.
(b) Plans and specifications shall be in such form and contain such detailed information as Developer may require. In all cases, plans and specifications shall include a site plan showing the location of all proposed and existing buildings or structures on the lot, exterior elevations for the proposed building or structures, specifications of materials, color schemes, and other details affecting the exterior appearance of the proposed building or structure, and description of the plans or provisions for landscaping and grading.
(c) Approval of such plans and specifications shall be evidenced by written endorsement by Developer or its successor on such plans and specifications, a copy of which shall be delivered to Developer prior to the beginning of such construction. No changes or deviations in or from such plans and specifications as approved shall be made without the prior written consent of Developer. Developer shall not be responsible for (i) any structural defects in such plans or specifications or any building or structure erected according to such plans and specifications; or (ii) the failure of such plans or specifications to comply with building or fire codes or similar regulations.
(d) Approval of such plans and specifications shall not be unreasonably withheld by Developer or its successor. However, no failure to approve the plans and specifications, nor any failure to act upon the submission of such plans or specifications, shall be deemed a waiver or estop Developer, or its duly authorized successor, from objecting at a later time to such plans and specifications.
6. Fences and Walls.
Construction of fences and walls is prohibited on any lot until plans and specifications are approved as set forth in paragraph 5 herein. At no time will Developer approve any fence or wall which exceeds four (4) feet in height (excepting a retaining wall required by written opinion of a civil engineer to conform to the natural terrain of the area); or any fence of the chain link variety; or any fence extending forward of the rear plane of any residence, as such plane is determined by Developer.
7. Parking of Trucks and Other Vehicles.
No (a) trucks in excess of 3/4 ton, boats, trailers, campers, mobile homes, buses or non-passenger vans, or (b) cars which are not operational or are unlicensed shall be permitted to be parked upon any lot or in front of any lot, except any of such vehicles may be stored or parked in an enclosed garage. It is further provided that any vehicles being used for the purpose of construction, delivery, or repair work upon any lot shall be temporarily permitted to park on or in front of any lot.
8. Prohibited Activities.
Except as otherwise provided herein, no industry business, trade, occupation, profession, or commercial activity of any kind, whether for profit or non-profit purposes, shall be conducted, maintained or permitted on any lot, except for activities concerning the Oak Forge Subdivision Homeowners' Association and the sales office of the Developer and any Builder constructing single-family homes within the Subdivision. Further, no lot shall be used, under any circumstances, as a "boarding house," "group home," or "lodging house." Boarding house, group home, and lodging house are defined to include in their meanings the temporary, semi-permanent or permanent housing of any group of more than three persons unrelated to each other by blood, marriage, legal adoption or legal custody or without written permission of the parent or legal custodian of a minor child.
9. Homeowners' Association.
Each lot owner of the Subdivision shall be 3. member of Oak Forge Homeowners' Association, Inc. (the "Homeowners' Association") and such membership shall be appurtenant to and not be separated from the ownership of the Lot.
The Homeowners' Association is a non-profit organization, organized under the laws of the State of Ohio, and each lot owner shall be subject to and abide by the Articles of incorporation and the By-Laws of the Homeowners' Association.
The Homeowners' Association shall assess and collect fees from the owners of lots within the Subdivision pursuant to the Articles of Incorporation and By-Laws of the Homeowners' Association. Such assessments and fees shall only be assessed against owners of lots on which are constructed single-family homes on lots in the Subdivision. The Homeowners' Association shall not assess or collect fees from the Developer or any homebuilder during such period as the Developer or homebuilder owns any lot within the Subdivision which is not or has not been occupied. The assessments shall be determined by the Homeowners' Association and shall be sufficient to pay for all of the costs and expenses of the Homeowners' Association.
Any assessment made by the Homeowners' Association shall be a lien upon the estate or interest of any lot owner (including improvements thereon), if such assessment remains unpaid for thirty (30) days after it becomes due and payable, from the time a certificate thereof, subscribed by a member of the Board of Trustees or an officer of the Homeowners' Association, is filed with the Recorder of Warren County, Ohio, pursuant to the authorization given by the Board of Trustees. Such certificate shall contain a description of the lot. the name or names of the lot owner(s) and the amount of such unpaid portion of the dues and late charges accrued as of the date of the certificate. Such lien shall remain valid for a period of five(5) years and any renewals thereof, from the time of the filing thereof, unless sooner released or satisfied in the manner allowed by law for the release and satisfaction of mortgages in real property or discharged by the final judgment or order of a court of competent jurisdiction in any action brought to discharge such lien. In addition, each lot owner shall be personally liable for all assessments and fees levied against him by the Homeowners' Association while he is a lot owner. The Homeowners' Association shall procure and maintain public liability insurance insuring the Developer, the Homeowners' Association and its Board of Trustees, its officers and the lot owners against any occurrence upon, in, about or relating to the Common Areas and Easements, which insurance shall afford protection to a limit of not less than One Million Dollars ($1,000,000.00) for personal injury, disease, illness or death suffered by one (1) person or in respect to any one (1) occurrence, and to a limit of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) in respect to damage to or destruction of property arising out of any one (1) occurrence.
The Homeowners' Association shall cause all members of the Board of Trustees, officers, or employees having fiscal responsibilities to be bonded, as it may deem appropriate.
The Homeowners' Association shall cause all the Common Areas and Easements, Landscape Easements, Drainage Easements, and Utility Easements to be reasonably maintained.
Developer covenants that the Homeowners' Association is incorporated, and is functioning as herein stated subject only to the rights of the lot owners set forth herein.
10. Amendment of Declaration.
Notwithstanding anything else contained in this Declaration to the contrary, this Declaration may be terminated or amended at any time, as to any or all of the covenants, conditions, or restrictions, upon the execution of a written instrument, by the owners of seventy-five percent (75%) of the lots in the Subdivision. Each lot is restricted to one vote. The instrument containing such termination or amendment shall be duly recorded in the records of Warren County, Ohio. However, no such amendment or termination shall affect the lots owned by Developer, unless Developer consents to such amendments or termination.
All of the foregoing covenants, conditions, and restrictions shall continue and remain in full force and effect at all times as against the owner of any lot within the Subdivision, regardless of how title was acquired, until December 31, 2015, on which date these covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years unless on or before the end of one of such extension periods, the owners of 75% of the lots in the Subdivision shall by written instrument duly recorded declare an amendment or termination of any or all of these covenants, conditions or restrictions.
These covenants, conditions and restrictions shall be covenants running with the land and the breach of any of them or the continuance of any such breach by any lot or owner of any lot or lots may be enjoined or remedied by appropriate proceedings at law or equity by Developer or its successor or by the owner of another lot in the Subdivision or by the Homeowners' Association, but by no other person. If Developers or the Homeowners' Association employs counsel to enforce any of the foregoing covenants, conditions or restrictions by reason of such breach, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots.
No delay or omission on the part of Developer, the Homeowners' Association or the owners of other lots in the Subdivision in exercising any rights, power. or remedy herein provided in the evens of any breach of the covenants, conditions or restrictions herein contained shall be construed as a waiver thereof or acquiescence therein. and no right of action shall accrue nor shall any action be brought or maintained by anyone whomsoever against Developer for or on account of his failure to brine any action on account of any breach of these covenants, conditions or restrictions or for imposing restrictions herein which may be unenforceable by Developer.
If any one or more of the foregoing covenants, conditions or restrictions shall be declared to be null and void for any reasons by a court of competent jurisdiction, such judgment or decree shall not in any manner whatsoever affect any of the covenants, conditions and restrictions not so declared to be void, but all of the remaining covenants, conditions and restrictions not so expressly held to be void shall continue unimpaired in full force and effect.
11. Maintenance of Detention Basin.
Subsequent to the execution of this Declaration, the Developer may convey to the Homeowners' Association the Lot No. 5737 which is noted on the Plat of Subdivision as "Reserved for Detention Basin." Upon such conveyance, the Homeowners' Association will accept ownership of such Lot and thereafter will maintain such Lot for the benefit of the owners of Lots in the Subdivision for the purposes set forth on the Plat.
12. Right of First Refusal.
The Homeowners' Association DOES NOT have the "Right of First Refusal" to purchase any lot or property affected hereby. Any "Right of First Refusal" subsequently added in the Declaration, Homeowners' Association Articles, Homeowners' Association By-Laws or any other document governing the development and administration of the property must not impair the rights of a first mortgagee to:
a. Foreclose or take title to a dwelling unit, and the lot upon which the dwelling unit is situated, pursuant to the remedies in the mortgage.
b. Accept a deed or assignment in lieu of foreclosure in the event of default by a mortgagor; or
c. Sell or lease a unit acquired by the Mortgagee.