DEED RESTRICTION AMENDMENT/ADDENDUM PROPOSALS
Current Outbuildings Restriction [See Declaration of Restrictions Article V Section 17 (iii) and (iv)]:
“(iii) [sheds] do not exceed the aggregate size of eighty (80) square feet on each lot; (iv) do not exceed a height of eight (8) feet above ground level;”
1. Proposed Outbuildings Restriction Amendment:
“(iii) [sheds] do not exceed the aggregate size of one hundred and ninety-two (192) square feet on each
lot; (iv) do not exceed a ceiling height of eight (8) feet excluding the peak;”
Current Yards Restriction [See Declaration of Restrictions Article V Section 13]:
“No statues, sculptures, painted trees, bird baths, ornaments, or replicas of animals or other like objects may be affixed to or placed on any lot or building.”
2. Proposed Yard Restriction Amendment:
“(i) No sculptures, painted trees, or bird baths may be affixed to or placed on any lot or building; (ii) No
decorative pillars in excess of four (4) feet above ground level or lampposts shall be erected, placed or maintained on any lot within the property unless such structures are built in accordance with plans, specifications and illustrations approved by Declarant or its successors or assigns pursuant to Section 20 of the Declaration of Restrictions.”
Current Television and Radio Antennas, & Exterior Mechanical Devices, Etc. [See Declaration of Restrictions Article V Section 5]:
“One satellite dish, no larger than eighteen inches (18”) in diameter and no taller than four feet (4’) in height, may be erected or mounted on the rear of the dwelling or in the rear of the yard of any lot.”
3. Proposed Television and Radio Antennas, & Exterior Mechanical Devies, Etc. Amendment:
“One satellite dish, no larger than eighteen inches (18”) in diameter and no taller than four feet (4’) in
Height, may be erected or mounted on any lot.”
Current Enforcement [See Declaration of Restrictions Article III]:
“Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages;”
4. Proposed amendment to Current Deed Restriction Enforcement [See Declaration of Restrictions, Article III]:
“Enforcement of these covenants and restrictions shall be by issuing of fines and/or penalties in accordance with Article III section (ii) or, any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages.”
5. Proposed Addendum to Current Deed Restriction Enforcement
Add (i) to beginning of Article III Enforcement.
“(ii) The following procedures will be used to enforce these covenants and restrictions pursuant to
section (i) in Article III:
a) 1ST NOTICE – a warning letter shall be sent by the Declarant or its successors informing the
homeowner of the specific deed restriction in violation. The homeowner must comply or respond with intent of action within 10 business days of receipt of letter to prevent further action.
b) 2ND NOTICE – a certified letter shall be sent by the Declarant or its successors informing the homeowner that a $50 fine will be assessed if the homeowner does not come under compliance with the deed restrictions within 10 business days of receipt of letter.
c) 3RD NOTICE – a certified letter shall be sent by the Declarant or its successors informing the homeowner of possible legal action and an additional $250 fine if the homeowner does not come under compliance within 10 business days of receipt of letter.
d) LEGAL ACTION –after following the above procedures, if the homeowner remains in violation of the deed restrictions, the Declarant or its successors may pursue legal action which may include, but is not limited to, turning the case over to a collection agency, placing a lien on the lot of the homeowner, additional fines and/or any expenses incurred by the Declarant in its efforts to enforce the terms hereof, including attorneys’ fees and court costs.”
BY-LAW AMENDMENT/ADDENDUM PROPOSALS
Current By-law #9 (Duties of the President)
“The President shall be the chief executive officer of the Corporation. It shall be his duty to preside at all meetings of the members and Directors; to have general and active management of the business and the Corporation; to see that all orders and resolutions of the Board of Directors are carried into effect; to execute all agreements and other instruments in the name of the Corporation; and to affix the corporate seal thereto when authorized by the Board of Directors or the Executive Committee.”
5. Proposed By-law #9 (Duties of the President) Amendment
“The President shall be the chief executive officer of the Corporation. It shall be his duty to preside
at all meetings of the members and Directors; to have general and active management of the business and the Corporation; to see that all orders and resolutions of the Board of Directors are carried into effect; to execute all agreements and other instruments in the name of the Corporation when authorized by a majority of the Board; and to affix the corporate seal thereto when authorized by the Board of Directors or the Executive Committee.”
6. Proposed By-law #28 (Procedural Review) Addendum
“All contractual requisitions necessitate a minimum of 3 bids from pertinent contractors; said bids must be conferred upon by the Board of Directors prior to a vote or approval of any contract bid. No contract shall be approved for a period in excess of one year.”