This is not the recorded version the original document is recorded in the Bullitt County Clerks Office, Deed 0657 Pg 496.                                           

 

             DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

                                                FOR FERNWOOD SUBDIVISION

 

This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for Fernwood Subdivision (hereinafter “Declaration”) is made, imposed and declared as of this _____ day of _______________, 2005, by Company, a Kentucky Limited Liability Company.

 

                                                          WITNESSETH, THAT:

 

WHEREAS, Developer owns certain real property in Bullitt County, Kentucky, which is to be developed as a residential subdivision; and

 

WHEREAS, Developer desires to ensure the best use and improvement of each residential lot developed thereon to provide for the maintenance of various improvements and areas and generally to enhance and protect the value, desirability and attractiveness  of the real property made subject hereto and all portions thereof conveyed to others to their mutual benefit by subjecting such real property to the rights, privileges, covenants, conditions, restrictions, easements, assessments, charges and liens set forth in, and the other provisions of, this Declaration;

 

NOW, THEREFORE, in accordance with the foregoing preambles. Developer hereby declares that the real property as hereafter described, and such additional real property as may hereafter be made subject to this Declaration pursuant to Article I below, shall be owned, held, used, leased, sold, conveyed, and occupied subject to the rights, privileges, covenants, conditions, restrictions, easements, assessments, charges and liens set forth in this Declaration. The easements, restrictions, covenants and conditions shall run with the real property made subject hereto, and be binding upon and inure to the benefit of all parties having any right, title or interest therein, their respective heirs, personal representatives, successors and assigns.

 

                                                                     ARTICLE I

                      PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS

 

Section 1. Subject Property.  The real property which is subject to this Declaration (the “Property”, sometimes hereinafter referred to as the “Subdivision”) is located in Bullitt County, Kentucky, and is more particularly described as follows:  Fernwood Subdivision which plat is recorded in Plat Cabinet 3, Slide 25, and Deed Book 618, Page 273, and Deed Book 652, Page 740 in the office of the Clerk of Bullitt County Court.

 

Section 2.  Additions to Subject Property.  Additional residential property and common areas may become subject to this Declaration, or may be annexed to the real Declaration, as follows:

 

Developer reserves the right to create cross easements and to restrict all of the properties according to the terms of this Declaration.  The common area initially covered by this Declaration, if any, shall inure to the benefit of the owners of any new lots within the Subdivision which may become subjected to this Declaration of a similar set of deed of restrictions and any additional lots on other real estate which may hereafter be annexed to and made a part of the Subdivision and subjected to this Declaration of a similar set of deed restrictions, and the common area allocable to the owners of all such lots shall inure to the benefit of the owners of lots recorded earlier, each to enjoy the common area of the other and to have and to hold the same as if each new lot had been developed and subjected to this Declaration simultaneously.

 

All additions shall be made by filing with the Bullitt County Court Clerk, an amended or supplementary Declaration of Covenants, Conditions, and Restrictions with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Declaration to such property.  The amended or supplementary Declaration may contain additions as may be necessary to reflect added open space, other necessary restrictions and/or the different character, if any, of the added properties.

 

Section 3. Amendment.  This article shall not be amended without the written consent of Developer, as long as Developer owns any of the property.

 

ARTICLE II

HOMEOWNERS ASSOCIATION

 

Section 1. Membership.  Developer and all owners of lots within the Subdivision shall be members of the Fernwood Homeowners Association, Inc. (hereinafter the “Association”).  All members of the Association shall abide by the Association’s rules and regulations, shall pay the assessments provided for in this Declaration, when due, and shall comply with the decisions of the Association’s governing body.  The Board of Directors shall be the governing body of the Association.  Conveyance of a lot (except to a mortgagee) automatically transfers membership in the Association without the necessity of further documentation.  Membership shall be appurtenant to and may not be separated from ownership of any lot that is subject to assessment.

 

Section 2. Class of Membership.  The Association shall have two classes of voting membership:

 

A.  Class A members shall be all lot owners, with exception of the Developer.

 

 

B.  The Class B member shall be the Developer. The Class B membership shall cease and be converted to Class A membership upon the earlier of the occurrence of any event specified in Subsection C below.

 

Each member shall have one vote for each lot owned, which vote may not be exercised until the earlier of the occurrence of any one of the following events:

 

1. Developer, in its sole discretion, so determines;

2.  Within ninety (90) days following the date when 100 percent of the lots which may be

     developed on the Property, have been sold by Developer; or

3. January 1,2015.

 

Section 3. Rights and Obligations of the Association.  Anything to the contrary herein notwithstanding, the Association and the lot owners shall be responsible for the maintenance of all common open space, islands in the right-of-way, and signature entrances, so long as the subdivision is used as a residential subdivision or until properly dedicated to a unit of local government. This provision shall  not be amended.  The Association shall also perform the other duties prescribed by this instrument or the Association's rules and regulations.  All rights reserved by Developer in this Declaration shall automatically pass to the Association when Class B membership ceases pursuant to Article II, Section 2, and thereafter any reference to Developer shall be construed to mean the Association.

 

                                                                    ARTICLE III

                                                           PROPERTY RIGHTS

 

Section 1. Owner's Easements of Enjoyment; Exceptions.  Every owner shall have a right and easement of enjoyment including, without limitation, the right of pedestrian ingress and egress, in and to the "common areas" which shall be appurtenant to and shall pass with the title to every lot. This right and easement shall also be deemed granted to the Association and the lot owners' families, guests, invitees, servants, employees, tenants and contract purchasers- The term "common areas" means and refers to the common open space and public utility easements, all maintained for the common use, enjoyment and mutual benefit of the lot owners as hereinabove stated. Upon the conversion of the Class B membership to Class A membership. Developer shall automatically release and quitclaim to the Association its right and title to the common areas. The right of enjoyment is subject to the following provisions:

 

A.  The right of the Association to suspend the voting rights of a lot owner for any     period during which any assessment against his lot remains unpaid and for a period of time for any infraction of its published rules and regulations.

 

B.  Common areas, open space, islands in the right-of-way, and signature entrances shall not be dedicated to a unit of local government without the acceptance of the unit of local government involved.  The Association cannot amend this restriction without approval of the local government involved.  This restriction shall not apply to any public utility easements previously established. Developer may dedicate utility, service or drainage easements upon, through or under the common areas at its sole discretion so long as there is in existence the Class B membership in accordance with Article II, Section 2. When Class B membership ceases, this right of Developer shall automatically pass to the governing body of the Association

 

Section 2. Association's Right of Entry.  The authorized representative of the Association or its governing body shall be entitled to reasonable access to individual lots as may be required in connection with the preservation of property on an individual lot in the event of any emergency, or in connection with the maintenance of, repairs or replacements within the common areas, or any equipment, facilities or fixtures affecting or serving other lots, or the common areas, or to make any alteration required by any governmental authority; provided, after any such entry the Association shall restore the lot to its former condition.  No portion of any lot shall be used for ingress or egress to another lot without written approval of the Developer.

 

Section 3. No Partition.  Except as is permitted in this Declaration or amendments thereto, there shall be no physical partition of the common areas or any part therefore, nor shall any person acquiring any interest in the Property have the right of judicial partition.  This section does not prohibit the governing body of the Association from acquiring and disposing of title to real property which may or may not be subject to this Declaration.  There shall be no further subdividing of the lots unless approved in writing by the Developer. 

 

                                                                   ARTICLE IV

                                                               ASSESSMENTS

 

Section 1. Assessments; Creation of the Lien and Personal Obligation.  Each lot owner, except Developer and the Association, by acceptance of a deed forthe lot, whether or not it shall be expressed in such deed, covenants and agrees to pay to the Association [i] any initiation fee levied by the Association, [ii] annual or monthly assessments or charges, and [iii] special assessments for capital improvements, such assessments to be established and collected as provided in this Article IV. Developer shall be responsible for the maintenance costs of the Association incurred over and above assessed amounts payable to the Association by the lot owners until Class B membership is converted to Class A membership pursuant to Article II, Section 2B. The annual and special assessments, together with interest, costs and reasonable attorneys' fees, shall  be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Such lien may be enforced by foreclosure in the manner that mortgages are foreclosed in the Commonwealth of Kentucky.  Each such assessment,

 together with interest, costs and reasonable attorneys' fees shall also be the personal obligation of the person owning such property. The personal obligation for delinquent assessments shall pass to his or her successors in title.

 

Section 2. Purpose of Assessments.  A.  The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents and, in particular, for the acquisition, construction, management, improvement, care and maintenance of  properties, services and facilities devoted to this purpose, or for the use and enjoyment of the common areas, including but not limited to, the cost of repairs, replacements and additions, the cost of labor, equipment, materials, management and supervision, payment of taxes assessed against the Association, the procurement and maintenance of insurance in accordance with the Bylaws, the employment of attorneys, accountants and other professionals to     represent the Association when necessary and such other needs as may arise, in addition, for the improvement and maintenance of the common areas.

 

B.  Until Class B membership ceases and is converted to Class A membership       pursuant to Article II, Section 2B, Developer or its nominee shall administer the        assessments and receipts there from, which may only be used for purposes generally benefiting the Property, as permitted in this Declaration.

 

Section 3. Maximum Annual Assessment.  The maximum annual assessment shall be One Hundred Fifty Dollars and No Cents ($150.00), payable in annual installments as provided in Section 6 below. The maximum annual assessment may not be increased in any one year by more than twenty five percent 25% of the maximum assessment for the previous year without an affirmative vote of a majority of each class of members pursuant to the Association's rules and regulations.

 

 Section 4.     Special Assessments.  In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part but not limited to the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common areas, including fixtures and personal property related thereto.

 

Section 5.      Uniform Rate of Assessment.  Both annual and special assessments shall be fixed at a uniform rate for all lots, except those owned by Developer during the period when Class B membership exists in the Association, as provided in Section 2 of Article II. The Association's governing body may, at its discretion, waive the assessment for any year or part of a year for any lot not occupied as a residence.

 

Section 6.  Date of Commencement of Annual Assessments   Due Dates. The annual assessments provided for herein shall begin as to any lot subject to the assessment on the date on which title to the lot is conveyed to the owner, subject to the waiver provided in Section 5 of this Article. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year when title to the lot is transferred. The governing body of the Association shall determine the dates when assessments are due.

 

Section 7.  Effect of Nonpayment of Assessments:  Remedies of the Association.  Any assessment not paid by the due date shall be subject to a late charge as determined by the Association's governing body. The Association may bring an action at law against the owner personally obligated to pay the assessment, or foreclose the lien against the property, and interest, costs and reasonable attorneys' fees of such assessments. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common areas or abandonment of his lot.        

 

Section 8.  Subordination of the Lien to Mortgages. The assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien or liens provided for in the preceding sections. However, the sale or transfer of any lot pursuant to a first mortgage foreclosure of any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot owner from liability for any assessment thereafter becoming due or relieve such lot from the lien for any assessments thereafter becoming due.

 

                                                                    ARTICLE V

                                                           USE RESTRICTIONS

 

Section 1.  Primary Use Restrictions. 

A.  No lot shall be used except for private single-family residential purposes. No      structure shall be erected, placed, altered, or permitted to remain on any lot except one family (including any domestic servants living on the premises), not to exceed two and one-half stories in height in the front, and except for storage buildings as described in Section 3 of this Article.

           

B.  No owner of a Lot shall subdivide any Lot in Fernwood without the prior written

 consent of the Developer.

 

Section 2. Nuisances.   No noxious or offensive trade or activity shall be conducted on any lot, nor shall anything be done which may be or become an annoyance or nuisance to the neighborhood.

 

Section 3. Use of Other Structures and Vehicles   A.  Restrictions on Structures.   No used or previously erected or temporary house    shall ever be placed, erected or allowed to remain on any Lot. No structure of a      temporary character shall be permitted on any Lot, except for temporary tool sheds, field offices or sales offices used by Declarant, or by a Builder (as hereinafter defined) as Declarant may permit by written consent in its sole discretion, which structure shall be removed by Builder when construction or redevelopment on a Lot is completed. Any such temporary structure shall be removed by a Builder within ten (10) days of receipt of written notice from Declarant.

 

B.  No Temporary Residences. No bus, mobile home, trailer, camping trailer, camping vehicle, motor home, or other vehicle, or outbuilding, basement, tent, shed, shack, garage or barn, or any structure other than the main residence, shall at any time be used as a residence, temporarily or permanently, on any Lot or otherwise within the Property.

 

C.  Storage Buildings. Not more than one storage building may be located on a Lot  in addition to the dwelling, and the Owner must obtain Developer or Design                         Review Committee approval of any and all storage buildings prior to construction                 thereof.  Any such storage building must be constructed of wood and must not                   exceed 12 in height or 150 square feet in floor area.  The exterior or any such building must be finished with either cedar or lap siding, vinyl or brick either in a natural finish or stained or painted to match the dwelling on the Lot and in no event shall the exterior of any such building be exposed plywood or oriented strand board.  No storage building shall be located closer than  5 feet to any building line on the recorded plat of the Property. 

 

D.  Restrictions on Vehicles and Parking.

 

(i)  No bus, mobile home, motor home, utility trailer, camper trailer, camping unit,     camping vehicle or boat shall be parked or kept on any Lot or on any street in the Subdivision except within a garage.

 

            (ii)  No commercial vehicle shall be parked or kept on any Lot, unless housed in a garage or any street in the Subdivision in excess of four (4) hours in any 24 hour period or except when used as part of a temporary construction or repair activity on the Lot. "Commercial vehicle" is defined as a vehicle meeting any one of the following characteristics:  having a design load carrying capacity of more than one ton, being designed to carry more than nine passengers, including driver, being designed to carry

business equipment on or in exterior racks or bins, but not including tool boxes, or advertising a business, or containing on its exterior any business information in excess of the business name on the driver's side door of the vehicle.

 

(iii)  No vehicle, motorized or otherwise, including, but not limited to those set forth in (d) (i) and (ii) above, shall be parked on any street or public right-of-way in the Subdivision, and no such vehicle shall be parked at any time except in a designated parking lot, on a legal driveway or in a garage.

 

(iv)  There shall be no habitation of any vehicle parked anywhere in the Subdivision.

 

Section 4. Animals.

          

A.     No animals, including reptiles, livestock, or poultry of any kind shall be raised,

bred or kept on any lot, except that dogs, cats or other household pets (meaning the domestic pets traditionally recognized as household pets in this geographic area) may be kept, provided they are not kept, bred, or maintained for any commercial or breeding purposes. Any such pets shall be kept on the owner's lot or leashed when not on such lot. The design, location and size of all exterior shelters for such household pets shall be approved in writing by the Association;

 

B.  No person in charge of a dog, cat or other household pet shall permit or allow     such animal to excrete manure or feces on any lot in the Subdivision (other than                  that lot of the owner or person in charge or control of such animal) or on any common area, street, sidewalk or right of way in the Subdivision, unless the owner or person in control of such animal immediately removes all feces deposited by such animal and disposes of same in a sanitary manner.

 

Section 5.  Clothes Lines: Awnings; Fences and Walls; Swimming Pools; Antennae and Receivers; Transmitters, Basketball Goals

 

A.  No outside clotheslines shall be erected or placed on any lot.

 

B.     No awnings or other similar exterior window coverings shall be installed on a

residence without the prior written consent of the Developer or Design Committee.

 

C.  No fence or wall of any nature may be extended toward the front or street side

property line beyond the rear or side wall of the residences. No wire or chain link type fence shall be erected or placed on any lot. All fences shall be maintained to preserve an attractive appearance from the exterior of each lot. As a “structure,” no fence or wall of any nature may be erected, placed or altered on any lot until construction plans are approved  in writing by Developer or Design Committee pursuant to Article VI, Section 1. 

 

D.     No aboveground swimming pools in excess of 12 inches deep shall be erected

 or placed on any lot.

 

E.     No antennae, masts, poles, microwave or any other similar type receivers or

transmitters (including those currently called "satellite dishes") or any appurtenances shall be erected, or placed on any lot unless its design and placement are approved in writing by Developer. In no case shall any satellite dish exceed one meter in diameter.   Satellite dish shall not be visible from the street, unless such location would prevent reception or an acceptable quality signal. 

 

F.     All exterior play equipment located on any lot, including, without limitation, swing

sets, jungle gyms and similar equipment, shall be subject to the prior written approval of the Developer, in its sole discretion, and all lot owners and residents of the Subdivision are advised to obtain the approval of Developer, prior to the construction or placement of any such equipment on any lot.

 

G.     No basketball goals shall be left in view when not being used.  All basketball

goals shall be removed promptly after use and shall either be stored in the garage or behind the residence on the lot. Under no circumstances shall a basketball goal be attached to any residence.

 

 

 

Section 6. Duty to Maintain and Rebuild.

 

            A.  Each owner of a lot shall, at it sole cost and expense, repair his residence, keeping the same in condition comparable to the condition of such residence at the time of its initial construction. Every residence shall have proper window coverings (no sheets or other material of a temporary nature) placed over windows within thirty (30) days of occupancy. Without the prior written approval of the Developer, no aluminum foil, tinted or reflector glass or other tinted or reflective material shall be installed or maintained on any window. Window shutters must be sized to match window openings.

 

B. Each owner of a lot shall keep the lot and improvements thereon neat and

attractive in appearance. Should any lot owner fail to do so, then Developer or the Association may take such action as it deems appropriate in order to make the lot neat and attractive. The owner of that lot shall, immediately upon demand, reimburse Developer or other performing party for all expenses incurred in so doing, together with allowable statutory interest. Developer or Association shall have a lien on that lot and the improvements thereon equal in priority to the lien for assessments provided in Article IV, Section 1 to secure the repayment of such amounts. Such lien may be enforced by foreclosure.

 

C.  If all or any portion of a residence is damaged or destroyed by fire, or other

casualty, then the owner shall, with all due diligence, promptly rebuild, repair, or reconstruct such residence in a manner which will substantially restore it to its apparent condition immediately prior to the casualty. Alternatively, the lot owner shall completely raze the residence and sod or seed the entire lot until such time as construction of a new residence is begun.

 

Section 7. Business: Home Occupations. No trade or business of any kind (and no practice of medicine, dentistry, chiropody, osteopathy and other like endeavors) shall be conducted on any lot, except for “home occupations” as that term is strictly construed, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.

 

A.    No sign for advertising for any other purpose shall be displayed on any lot or on a building or a structure on any lot, except one sign for advertising the sale thereof, which shall not be greater in area than three (3) square feet; provided, however. Developer shall have the right to [i] erect larger signs when advertising the Property, [ii] place signs on lots designating the lot number of the lots, and [iii] following sale of a lot, place signs on such lot indicating the name of the purchaser of that lot. This restriction shall not prohibit placement of occupant name signs and lot numbers as allowed by applicable zoning regulations.

 

Section 8. Drainage. Drainage of each lot shall conform to and be maintained in  accordance with the general drainage plans of Developer for the Property, including but not limited to all drainage swales. No storm water drains, roof downspouts or ground water shall be introduced into the sanitary sewage system. Connections on each lot shall be made with watertight joints in accordance with all applicable plumbing code requirements.

 

Section 9. Obligation to Construct Sidewalk. The following paragraph shall only apply to the lots sold without a sidewalk already constructed thereon. Within twelve (12) months after the date of conveyance of a lot without a dwelling thereon, every lot owner shall construct the sidewalk to be located in the front or street side yard of said lot, the exact location of which shall be as approved by Developer. Sidwalks must meet the 42-inch wide and 4-inch deep specifications required by the City of Mt. Washington.   If the sidewalk is not completed within said period, Developer may elect to construct the sidewalk and assess the lot owner for such charge. A lot owner's failure to repay the Developer within seven (7) days after receipt of a statement for the assessed charges shall be treated as a non-payment of assessments, and Developer shall have all rights and remedies afforded  the Association in Article IV, Section 7 of this Declaration.

 

.         Section 10. Disposal of Trash. No lot shall be used or maintained as a dumping ground for rubbish, trash or garbage. Trash, garbage or other waste shall not be kept except in sanitary containers.  During the construction period of the residence on the lot, the owners must make provisions to retain all rubbish, trash and garbage on that particular lot, provided such lot owners must make provisions to insure that construction debris, and trash does not accumulate on the lot.  

 

Section 11. Underground Utility Service.  A. Each property owner's electric, water, sewer, gas, cable television and general utility service lines shall be underground through the length of service line from  the utility company's point of delivery to the customer's building; and the cost of installation and maintenance thereof shall be borne by the respective lot owner upon which said service line is located.  Appropriate easements are hereby dedicated and reserved to each property owner, together with the right of ingress and egress over abutting lots or properties to install, operate and maintain electric, water, sewer, gas, cable television and general utility service lines to the utility company's termination points. Electric service lines, as installed, shall determine the exact location of said easements.  The electric and telephone easements shown on the plat shall be maintained and preserved in their present condition, and no encroachment therein and no change in the grade or elevation thereof shall be made by any person or lot owner without the express written consent of the utility company or the telephone company.

 

A.     Easements for overhead transmission and distribution feeder lines, poles and

equipment appropriate in connection therewith are reserved over, across and under all areas shown on the plat (including park, open and drainage space area) and designated for underground and overhead facilities.  Aboveground electric transformers and pedestals may be installed at appropriate points in any electric easement.  In consideration of bringing service to the Property, the utility company is granted the right to make further extensions of its lines from all overhead and underground distribution lines.

 

Section 12. Rules for Common Areas. The Association is authorized to adopt roles for the use of the common areas, and such rules shall be furnished in writing to the lot owners.

 

Section 13. Signage, Landscaping and Fencing. The Association shall maintain in any easement any signs and signature entrances identifying the Subdivision, any fencing constructed in any fencing easement on the Property and any landscaping and berms installed in the publicly dedicated rights-of-way within the Property and adjacent to the Property including street islands, as well as any landscaping provided in any sign and landscaping easements on the Property. The purpose of the sign easement and the landscape and fence easement is to construct and maintain such signage, landscaping and fencing for the Subdivision as may be determined by the Developer. Notwithstanding the foregoing, each lot owner shall be responsible for the cost of repairing any damage to fencing caused by such lot owner.

 

Section 14. Garbage Collection. Garbage cans shall either be kept in the garage or a shelter constructed by the lot owner and approved by the Developer or the Association in cither's sole discretion.

 

                                                                   ARTICLE VI

                                 ARCHITECTURAL AND LANDSCAPE CONTROL

 

Section 1. Approval of Construction and Landscape Plans. 

 

A. No structure may be erected, placed or altered in any manner on any lot until the

construction plans and building specifications and a plan showing [i] the location of improvements on the lot; [ii] the grade elevation (including rear, front and side elevations); [iii] the type of exterior material (including delivery of a sample of exterior material, if requested by Developer; and [iv] the location and size of the driveway (which shall be concrete or such other material as may be approved in writing by Developer) shall have been approved in writing by the Developer.

 

B. References to “Developer” shall include the entity, person or Association to whom

Developer may assign the right of approval. When Developer no longer owns any lots in the Subdivision, this right of approval shall automatically be assigned to the Association, which may then likewise assign its right of approval to any architectural review board, committee, entity or person, as the Association may determine in its sole discretion. References to “structure” in this paragraph shall include any building (including a garage), fence, wall, antennae and microwave and other receivers and transmitters (including those currently called “satellite dishes”).

 

B.     After any structure has been erected and the initial landscaping material

installed, no alterations or additions that affect the external appearance of the structure or

landscaping may be performed until the plans have been approved in writing by the Developer, the Association, or any designated review entity as the case may be.

 

 

Section 2. Building Materials and Architectural Standards.

 

A.  Developer reserves the right, at Developer's sole discretion, to disapprove construction plans and/or to require modifications to such plans, based on building materials, roof pitches, elevations, etc.

 

B.  The exterior covering of the dwelling must be brick or stone.   Any area of the

structure that cannot not be brick or stone due to construction limitations must be approved by the developer.

 

        

 

Section 3. Minimum Floor Areas. The following shall be minimum floor areas for homes to be constructed after this instrument is recorded:

 

A. All one-story houses shall have a minimum floor area of one fifteen hundred

 (1500) square feet,

 

B. All one and one-half story houses shall have a total minimum floor area of fifteen

hundred (1500) square feet;

 

C. All two-story houses shall have a total minimum floor area of fifteen hundred (1,500) square feet,         (

 

C.    Finished basement areas, garages and open porches are not included

computing floor areas; however, Developer may, at its option, include unfinished floor areas and above ground storage areas in computing minimum floor areas.

                       

 

Section 4. Setbacks. No structure shall be located on any lot nearer to the front lot line or the side street line than the minimum building setback lines shown on the recorded plat, except, if permitted under applicable law and regulations, bay windows and steps may project into said areas, and open porches may project into said areas not more than six feet.

 

Section 5. Garages; Carports.

 

A. Each home shall have a two-car attached garage. An attached garage shall be one either built into the house under the same roof or attached by a breezeway not more than ten (10) feet long.

 

B. No carport shall be constructed on any lot.

 

Section 6. Landscaping; Driveways; Sidewalks.

 

A. Within thirty days of final completion of the construction of a residence, the lot owner shall complete landscaping, grade, sod or seed and straw the entire lot, and each lot shall be landscaped.  No artificial grass, plants or other artificial vegetation shall be placed or maintained on any lot. No weeds, underbrush or other unsightly vegetation shall be permitted to grow or remain on any lot. Within any areas denoted on the plat of the Subdivision as tree preservation areas, all healthy trees over a certain caliber, to be defined at such time as affected lots are put to record, shall be preserved.

 

B. Each lot owner shall install a concrete driveway upon the earlier of one (1) month of completion of the dwelling or occupancy.

 

C. Upon a lot owner's failure to comply with the provisions of this Section 6, Developer may take such action as necessary to comply therewith, and the owner shall immediately, upon demand, reimburse Developer or other performing party for all expenses incurred in so doing, together with allowable statutory interest, and Developer shall have a lien on that lot and the improvements thereon to secure the repayment of such amounts. Such lien may be enforced in the same manner and with the same priority that the lien for annual and special assessments may be enforced.

 

Section 7. Mail and Paper Boxes. There shall be only one approved style for mail and paper boxes in the Subdivision. The approval of such design for every mail and paper box shall be by the Developer. No other mail or paper boxes are permitted.

 

                                                                   ARTICLE VII

                                                       GENERAL PROVISIONS

 

Section 1. Enforcement.

 

A.    Violations.   The Association may issue a fine of up to $50 per day of violation (each day of a continuing violation being considered a separate violation) for any violation of these restrictions. In order to levy any fine under this provision, the Association must provide fifteen (15) days written notice to the offending Lot owner. If the violation is not remedied or discontinued within the 15-day period following issuance of the notice, then fines may be levied from the issuance of the notice forward until the violation is remedied or discontinued.  Should the same violation occur again, The Developer reserves the right to fine the homeowner without the benefit of a warning letter.

 

B.      Parties. Enforcement of these restrictions shall be by proceeding at law

and/or inequity, brought by Declarant or the Association, or, in the absence of any such action, by any Lot owner (although Declarant or the Association shall at all times have the superior right to bring and/or assume and control the course of, as applicable, any such proceeding) against any party violating or attempting to violate any covenant or restriction or other provision of this Declaration, either to restrain violation, to direct  restoration and/or to recover damages. Failure of any Lot owner. Declarant or the Association to demand or insist upon observance of any of the provisions of this

Declaration, or to proceed for restraint of violations, shall not be deemed a waiver of the violation, or of the right to seek enforcement of that provision in that or any other case.  Any such Lot owner, Declarant or the Association enforcing this Declaration shall be entitled to recover all costs and expenses incurred in connection with such action from the defaulting party or parties, including, without limitation, court costs and reasonable attorney's fees. Any award of damages received by Declarant or the Association in connection with any such action and interest hereon until paid, and all costs and expenses incurred by Declarant or the Association in connection therewith, shall constitute a lien upon the Lot, of equal priority to the lien for assessments provided for in Article 4, and any award of damages received by any Lot owner in connection with any such action shall accrue to the sole benefit of the Association.

 

C.    Liens. All liens created and/or imposed against any Lot pursuant to the provisions of this Declaration, including the lien set forth in paragraph A above, may be enforced in accordance with the applicable provisions of Kentucky Law, including the judicial foreclosure thereof and sale of Lot encumbered thereby, with the Lot owner and any other persons responsible therefore remaining liable for any deficiency.

 

D.    Owner Liability. Each Lot owner (other than Declarant) shall be responsible and liable for any violations made or caused by such Lot Owner and every family member, agent, employee, contractor, material supplier, invitee, guest, licensee, tenant, sub lessee and assignee of such Lot owner.  .

 

E.     Waivers. Failure of any party to demand or insist upon observance of any of these restrictions or covenants, or to proceed for a restraint of violations, shall not be deemed a waiver of the violation, or the right, to seek enforcement of these restrictions.

 

Section 2. Severability.   Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.

 

Section 3. Restrictions Run With the Land    Unless cancelled, altered or amended under the provisions of this paragraph, these covenants and restrictions are to run with the land and shall be binding on all parties claiming under them for a period of thirty years from the date this document is recorded, after which time they shall be extended automatically for successive periods of ten years so long as the real property subject to this Declaration remains a residential subdivision.

 

Section 4. Amendments to Declaration, Rules and Regulations.  Nothing in this Declaration shall limit the right of the Association to amend, from time to time, its rules and regulations.  Until the turnover date, the Developer may, in its sole and absolute discretion, unilaterally amend this Declaration at any time and from time to time, without the consent of any other Owners.  Any such amendment may impose covenants, conditions, restrictions and easements upon the Property  in addition to those set forth herein including, without limitation, restrictions on use and covenants to pay additional charges with respect to maintenance and improvements of the Property.  After the Turn Over Date, the Developer may unilaterally amend this Declaration, without the consent of any other Owners, if such amendment is: (a) necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, regulation or judicial order, (b) necessary to enable any reputable title insurance company to issue title insurance coverage on the Lots; (c) necessary to conform to the requirements of United States Federal Housing Administration, or (d) necessary to correct errors; provided, however, any such amendment shall not materially adversely affect the title to any Lot unless the Owner thereof has consented to such amendment in writing.   No amendment may remove, revoke, or modify any right or privilege of the Developer without the written consent of the Developer or the assignee of such right or privilege.  The Developer shall have the right and power, but neither the duty nor the obligation, in its sole and absolute discretion and by its sole act, to subject  additional property to this Declaration at any time and from time to time by executing and recording in the appropriate governmental office an amendment to this Declaration specifying that such additional property is part of the Property.  An amendment to these Restrictions made by the Developer shall not require the joiner or consent of the Association, other owners, mortgages or any other person.  In addition, such amendments to the Declaration may contain such supplementary, additional, different, new, varied, revised or amended provisions and memberships as may be necessary or appropriate, as determined by the Developer, to reflect and address the different character or intended development of any such additional property.

 

In addition, this Declaration may be amended or modified after the Turnover Date with the approval of Owners holding not less that two-thirds (2/3) of the voting power of all Owners in the Association, provided that the consent of all owners shall be required for any amendment which effects a change in the voting power of any Owner, the method of allocating Common Expenses among Owners, or the fundamental purpose for which the Association is organized.  Any amendment to this Declaration adopted with the aforesaid consent shall be executed with the same formalities as to execution as observed in this

Declaration by the president and the secretary of the Association, and shall contain their certifications that the amendment was duly adopted in accordance with the requirements of this paragraph.  Any amendment so adopted and executed shall be effective upon the filing of the same with the Recorder of Bullitt County, Kentucky. 

 

 

Section 5. Non-Liability of the Directors and Officers.  Neither Developer or the directors or officers of the Association shall be personally liable to the owners for any mistake or judgment or for any other acts or omissions of any nature whatsoever while acting in their official capacity, except for any acts or omissions found by a court to constitute gross negligence or actual fraud. The lot owners shall indemnify and hold harmless each of the directors and officers and their respective heirs, executors, administrators, successor and assigns in accordance with the Bylaws.  This indemnification shall include without limitation, indemnification against all costs and expenses (including attorneys' fees, amounts of judgments paid and amounts paid in settlement) incurred in connection with any claim, action, suit or proceeding, whether civil, criminal, administrative or other.