deed book no. 567 - berkeley county, w. va. · 2017-01-01 · deed book no. 567 - berkeley...
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DEED BOOK NO. 567 - BERKELEY COUNTY, W. VA.
DECLARATION OF COVENANTS
AND RESTRICTIONS FOR FOREST HEIGHTS
THIS DECLAAATION, made thu 23f"&. day of May, 1996, by FOREST
HEIGHTS INC., a corporation, hereinafter called Developer.
WITNESSETH
WHEREAS, Developer is the owner of the real property descr~bed ~n
Article II of th~s Declaration and desires to put thereon a reBldentlal
community wh~ch may include parks or playgrounds, open spaces, roads, streets,
dra1nage easements, and other common fac~lltles for the beneflt of sa~d
COIl1Jnunlty: and
WHEREAS, Developer des~res to prov~de for the preservat~on of the values
and amenlt~es 1n sa~d commun1ty and for the ma1ntenance of any sald parks or
playgrounds, open spaces, roads, streets, and other common faclllt~es,
lnclud1ng snow removal: and to this end, des~res to subJect the real property
described in Artlcle II together wlth such addltlons as may hereafter be made
thereto (as provlded ~n Artlcle II) to the covenants, condltions,
restrlctlons, easements, charges and llens herelnafter set forth, each and all
of WhlCh is and are for the beneflt of Bald property and each owner thereof;
and
WHEREAS, Developer has deemed lt deslrable for the efflclent
preservatl0n of the values and amenltles in sald communlty, to create an
agency to WhlCh should be delegated and asslgned the powers of malntalnlng and
a~nlster1ng the commun1ty propertles and facl11tles and adm1nlsterlng and
enforc1nq the covenants and restr1ct1ons and collect1ng and disbursing the
assessments and charges here1nafter created; and
WHEREAS, Developer has incorporated under the laws of the state of West
Virginia, as a non-prof1t corporatlon, FOREST HEIGHTS HOMEOWNERS ASSOCIATION
INC., for the purposes of exercls1ng the functlons aforesald,
DEED BOOK NO. 567 - BERKELEY C01..r~TY: W. VA.
NOW, THEREFORE, THE DEVELOPER DECLARES THAT THE REAL PROPERTY DESCRIBED
IN ARTICLE II AND SUCH ADDITIONS THERETO AS MAY HEREAFTER BE MADE PURSUANT TO
J~TICLE II HEREOF, IS AND SHALL BE HELD, TRANSFERRED, SOLD, CONVEYED, AND
gCCUPIED SUBJECT TO THE COVENANTS, CONDITIONS, RESTRICTIONS. EASEMENTS,
CHARGES AND LIENS (SOMETIMES REFERRED TO AS "COVENANTS AND RESTRICTIONS")
HEREINAFTER SET FORTH.
ARTICLE I
DEFINITIONS
The follow1nq words, when used in th1s Declarat10n o~ any Supplemental
Declarat10n (unless the conte~t shall p~oh1b1t), shall have the follow1ng
meanings.
(a) "Assoc1at1on" shall mean and refer to the Forest He1ghts
Homeowners AsSQC1at1on Inc
(b) liThe Propert1es" shall mean and refer to all such eX1stJ.ng
propert1es, and addit10ns thereto, as are subJect to th1s DeelaratJ.on or any
Supplemental Declaration under the prov1sJ.ons of Article II, hereof.
(c) "Common properties" shall mean and refer to those areas of land
shown on any recorded subd1v1sJ.on plat of The Propert1es and 1ntended to be
devoted to the common use and enJoyment of the owners of The Properties.
(d) "Lot" shall mean and refer to any plot of land shown upon any
recorded subd1V1S10n map of The Propert1es w1th the e~eept1an of Common
Properties as heretofore def1ned.
(el "owner" shall mean and refer to the record owner, whether one or
m~re persons or ent1tJ.es, of the fee s1mple t1tle to any Lot s1tuated upon The
Properties but, notwithstanding applicable theory of the mortgage, shall not
mean or refer to the mortgagee unless and untJ.l such mortgagee has acqu~red
tltle pursuant to fo~eclosure or any proceed1ng 1n lJ.eu of foreclosure.
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DEED BOOK NO. 567 -- BERK~LEY COUNTY, W. VA.
(f) "Member" shall mean and refer to all of those Owners who are
members of the Assoc1at1on, as provided 1n Art1cle III, Section 1, hereof
ARTICLE II
PROPERTIES SUBJECT TO THIS
DEC~TION: ADDITIONS THERETO
Section 1. EX1sting Property. The real property which 1S, and shall
be, held, transferred, sold, conveyed, and occup1ed SUbJect to th1s
Declarat10n 15 located in Berkeley County, West virg1n1a, and 18 more
particularly descr1bed as follows:
Lots 1-8 Sect10n 1 Forest H~1ghts as shown on Plat of sa1d subdiv1s10n prepared by Dan1el Shannon dated the of 199_, and recorded 1n the office of the Clerk of ~ount-y~C~o-u-rt of Berkeley county, west V1rgin1a immediately preced1ng th1S Declarat10n in Plat Cabl.net No. i at Slide t5E-."
AND BEING a part of the Land Conveyed to Forest He1ghts by Deed dated November 20, 1995, recorded w1th the clerk of the county Court of Berkeley County, West Virg1nia, 1n deed Book No 555, at Page 132.
all of whl.ch real property shall hereafter be referred to as "Ex1stl.ng
Property"
NO PROPERTY OTHER THAN THAT DESCRIBED ABOVE SHALL BE DEEMED SUBJECT TO
THIS DECLARATION, UNLESS AND UNTIL SPECIFICALLY MADE SUBJECT THERETO. THE
DEVELOPER MAY WITHOUT CONSENT, FROM TIME TO TIME, AND IN ACCORDANCE WITH THE
PROVISIONS OF THIS DECLARATION, SUBJECT ADDITIONAL REAL PROPERTY TO THE
CONDITIONS, RESTRICTIONS, COVENANTS, RESERVATIONS, LIENS, AND CHARGES HEREIN
SET FORTH BY APPROPRIATE REFERENCE HERETO.
Sect~on 2: add~t10ns to Ex~st1nq property: Add~tional land may become
subJect to this Declarat10n
(al SUPPLEMENTAL DECLARATION: The Developer and ~ts ass~qns reserves
the r1ght to add lots and property to the Existing Property by f1l1nq ot
record a Supplementary Declaration of Covenants and Restrict10ns w1th respect
to the add1t~onal.property wh1ch shall extend the scheme of Covenants and
Restr~ctions of this Declarat10n tC) such property. Add~tJ..onal roadways may be
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DEED BOOK NO. 567 - BERKELEY COUNTY, W. VA.
added to th~s declarat10n and w1l1 then become owned by the Assoc1at1on and
mainta1ned by the expanded Association. such Supplementary Declaration may
conta1n such compl1mentarr addit10ns and/or mod1f1cations of the covenants and
Restr1ct1ons conta1ned 1n th1s Declaration as may be necessary to reflect the
different character, if any, of the added Propert1es. The developer may
change the ,=ovenants and restrict10ns includ1ng but not l1m1ted to the m1n1mum
square footage of houses, potential sale of townhouses, and lot setbacks 1n
future sect~ons. In no event, however, shall such Supplementary Declarat10n
revoke, mod1fy, or add to the CovenPnts establ1shed by this Declaration w1th1n
the Exist1ng Sect10n.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
IN THE ASSOCIATION
Sect10n 1: Membersh1p: Every person or ent1ty who 15 a record owner of
a fee or undiv1ded fee interest in any Lot wh1ch 15 SUbJect by Covenants of
record to assessment to the Assoc1at10n, shall be a Member of the AsSoc1at1on,
provided that any such person or ent1ty who holds such 1nterest merely as a
security for the performance of an obligation shall not be a Member.
Section 2: Vot1ng R1ghts' The Assoc1at1on shall have two (2) classes
of vot1ng membership.
CLASS A. Class A Members shall be all those OWners as def1ned 1n Section 1, w1th the exception of the Developer. Class A Members shall be ent~t1ed to one (1) vote for each Lot 1n Wh1Ch they hold the interest requ1red for membership by Sect~on 1. When more than one (1) person holds such an interest or interests ~n any Lot, all such persons shall be Members, and the vote for such Lot shall be exerc1sed as they amongst themselves determ1ne, but in no event shall mere than one (1) vote be cast with respect to any such Lot.
CLASS B. class B Members shall be the Developer. The Class B Member shall be entitled to ten (10) votes for each Lot ~n wh~ch it holds the 1nterest requ1red for membersh1p by Sect10n 1; prov1ded that the Class B membersh1p shall cease and become converted to Class A membersh1p in the happening of any of the follow~ng events, wh1chever occurs ear11er.
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DEED BOOK NO. 56i - BERk."ELEY COUNTY, W. VA.
(a) When seventy-f1ve percent (75%) of the total Lots wlth1n the
Properties are sold, or
(b} W1thln ten (10) yeats from the date of the f1rst sale 1n the
Subd1vision. (Date of the flrst sale shall be the date that the f1rst
Settlement 1S held for a Lot 1n The Propertles)
From and after the happening of these events, Wh1chever occurs earller,
Class B Members shall be deemed to be a Class A Member entltled to one (1)
vote for each Lot 1n Wh1Ch 1t holds the 1nterest required for membersh1p under
Section 1.
ARTICLE IV
PROPERTY RIGHTS IN
THE COMMON PROPERTIES
section 1: Prov1sion for Maintenance and Operatlon. The Developer
hereby dedicates and shall by future deed convey to The Forest Helqhts
Homeowners Association Inc all common areas and all responslb111t1es to
~ operate and malntaln the roads and any other common facl11t1es. The developer
~ reserves the exclusive rlght to use the common area to the rlght of the maln
entrance far a Sales Tral1er for t~e durat10n of the development not to exceed
ten (10) years from date of this document. Developer hereby reserves for
itself, its successors and ass1gns the r1ght to also use the roadways and
access for utl1itles w1thln sald SUb~vlsl0n, and speclf1cally lntends to sell
add1tlonal lots Wh1Ch w111 be located 1n future sect~on5, wh~ch wl~l have full
use and access of the roads and utLlitles.
section 2' Member's Easements of EnJoyment: subJect to the prov~slons
of Sect~on 3, every Member shall have a r~ght and easement of enJoyment in and
to the Common Propertles and such pasement shall be appurtenant to and shall
pass w~th the title to every Lot.
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DEED BOOK NO. 567 - UERKELEY COt:"~TY, W. VA.
section 3 Exte~t of Member's Easements. The r1ghts and easements of
enJoyment created hereby shall be subJect to the
right of the Associat1on to dedicate or transfer all or any part of the Common
Properties to any publ1C agency, authority, or ut1:ity for such purposes and
subJect to such cond1t1ons as may be agreed to by the Members.
ARTICLE V
COVENANT FOR
MAINTENANCE ASSESSMENT
Sect10n l' Creat10n of the L1en and Personal Obl1gat1on of Assessments:
Each Owner (Except the Developer) of any Lot by acceptance of a deed
therefore, whether or not it shall be so expressed 1n any such deed or other
conveyance, be deemed, covenanted and agrees to pay to the Association:
(1) Annual assessments or charges, such assessments to be f1xed,
established, and collected from time to t1me as here1nafter prov1ded. The
annual assessments together w1th such 1nterest thereon and costs of collect1on ,
thereof as here1nafter prov1ded shall be a charge on the land and shall be a
continuing l1en upon the Property against Wh1Ch each such assessment 1S made.
Each such assessme~t, together w1th such 1nterest thereon and costs of
collection thereof, as here1nafter prov1ded, shall also be the personal
obligation of the person who was the owner of such Property at the t1me When
the assessment fell due
Section 2: Purpose of Assessments' The assessments lev1ed by the
ABsoc1at~on shall be used exclus1vely for the purpose of promot1ng the
recreation, health, saf~ty, and welfare of the res1dents 1n The Propert1es and
in particular for the improvement and maintenance of the propert1es, serv1ces,
and faci11t1es devoted to th1s purpose and related to the use and enJoyment of
the common Properties and of the homes situated upon The Propert1es,
including, but not 11m1ted to, the payment of taxes and 1nsurance thereon, and
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DEED BOOK NO. 567 - BERKELEY COUNTY, W. VA.
repair, replacement and addit~ons thereto, includ1ng snow removal, road and
storm water maintenance, and for the cost of labor, eqU1pment, materials,
management, and supervision thereof.
Section 3: Basis of Maximum of Annual Assessments: Unt11 otherw1se
estab11shed by the Assoc1at1on, the annual assessment for all matters covered
by this Article, shall be born equally by all lot owners of record (except
those of the Developer) at a rate of ONE HUNDRED ($100) per Lot. Lots owned
by the Developer are exempt from the annual assessment unt11 sold to a lot
owner notwithstand1ng any other provisions of this document.
THE ANNUAL average common expense 11ab111ty of all un1ts restr1cted to
res1dential purposes exclus1ve of opt1onal user fees and any 1nsurance
pre~ums pa1d by the assoc1ation may not exceed $300 as adJusted pursuant to
the prov1sions to West Virg1n1a Code 368-1-114 and 368-1-203.
Grantor shall be exempt from any and all assessments It 1S the
~ expressed intent10n that th1s subd1v1s10n 1S cons1dered a l~ted expense " «
~11ab1lity planned commun1ty pursuant to 36B-1-203 of West V1rg1n1a Code c
; Annotated.
'" " g The Board of D1rectors of the Assoc1at1on may, after cons1derat10n of
~the current maintenance costs and future needs of the Assoc1at10n, fix the
actual assessment for any year at a lesser amount, and the off~cers and Board
of Directors of the Assoc~ation shall at all t~mes ma1nta~n and operate the
Association on a non-profit bas~s.
Sect~on 4' Quorum for Any Action Author~zed Under Section 3: The
quorum required for any act10n authorized by Sect~on 3 hereof shall be as
follows.
At the f~rst meeting called, as prov1ded in Sect10n 5 hereof, the
presence at the meeting of Members or of prox~es entitled to cast s~xty
percent (60%1 of all of che votes of each class of membersh~p, shall
constitute a quorum. If the required quorum is not forthco~ng at any
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f~" ta: - DEED BOOK NO. 56i - BERKELEY COl:::XTY, W. VA.
meeting, another meeting may be called, sUbJect to the not~ce requirement set
forth in Sect~ons 4 and 5, and the requ~red quorum at any such subsequent
meetings shall be one-half (1/2) of the requ~red quorum at the preced~ng
meeting, prov~ded that no such subsequent meeting shall be held more than
sixty (60) days following the preceding meet~ng
Section 5: Date of Commencement of Annual Assessments. Due Dates: The
annual assessments prov~ded for herein shall commence on the date (wh1ch shall
be the first date of a month) f~xed by the Board of D~rectors of the
Associat~on to be the date of commencement.
The first annual assessment shall be made for the balance of the
calendar year and shall become due and payable on the day f~xed for
commencement. The assessments for any year after the f~rst year, shall become
due and payable on the f1rst day of January of sa~d year.
The amount of the annual assessment Wh1Ch may be lev~ed for the balance
remaining in the first year of assessment shall be an amount wh~ch bears the
same relat~onship to the annual assessment prov1ded for in Sect~on 3 hereof as
the remaining number of months ~n that year bears to twelve (12). The same
reduction in the amount of the assessment shall apply to the f~rst assessment
levied against any property wh~ch is hereafter added to The propert~es now
subject to assessment at a t~me other than the beg~nning of any assessment
per~od.
Sect10n e. Out~es of the Board of 01rectors: The Board of Directors of
the Assoc~at~on shall fix the date of commencement and the amount of the
assessment against each Lot for each assessment per~od at least th1rty (30)
days in advance of such date or per~od and shall, at that t~me, prepare a
roster of The Propert~es and assessments appl1cable thereto wh1ch shall be
kept in the office of the Assoc~ation and shall be open to inspection by any
Owner.
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DEED BOOK NO. 567 - BERKELEY COUNTY, W. VA.
FYrther not~ce of the assessment shall thereupon be sent to every Owner
subJect thereto.
The Assoc~at~on shall, upon demand at any t~me, furn~sh to any Owner
l~able for sa~d assessment a Cert~ficate in wr~t~n9, s~qned by an off~cer of
the Assoc~ation, sett4ng forth whether sa~d assessment has been pa~d. Such
Cert~ficate shall be conclusive eVidence of payment of any assessment there~n
stated to have been pa~d.
section 9: Effect of Non-~ayment of Assessment. The Personal
Obli9at~on of the Owner, The L~en, The Remed~es of the Assoc~at~on: If the
assessments are not paid on the date when due (be~ng the dates spec~fied ~n
Section 7 hereof), then such assessment shall become delinquent and shall,
together with such interest thereon and costs of collect~on thereof as
hereinafter prov~ded, thereupon become a cont~nuing l~en on the property wh~ch
shall bind such property in the hands of the then owner, h~s he4rs, dev~sees,
personal representatives, and ass!qns~ The personal obligat~on of the then
Owner to pay such assessment, however, shall rema1n h~s personal obl~gat~on
for the statutory per~od and shall not pass to his successors ~n t~tle unless
expressly assumed by them.
If the assessment i8 not paid w~thin thirty (30) days after the
delinquency date, the assessment shall bear interest from the date of
delinquency at the rate of ten percent (lOil per annum, or 1n the event the
max1mum legal interest rate should be changed, then and ~n that event, at the
rate of the maximum leqal interest rate pe~tted by law, and the AsSOC1ac~on
may bring an act10n at law, against the Owner personally ob14qated to pay the
same and there shall be added to the amount of such assessment, the costs of
prepar~nq and f114nq the complaint in such act1on, 1£ pe~tted by law, and 1n
the event a Judgment 4S obtained, such Judgment shall 1nclude 4nterest on the
asseSSment as above provided and, it pe~tted by law, a reasonable attorney's
fee to be fixed by the Court together with the cost of the act1on.
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" ....... to. i..:.. DEED BOOK ~O. 567 -- BERKELEY COt':KTY, W. VA.
Section 10 Subordination of the L1en to Mortgages' The l~en of the
assessments provided for here1n shall be subord1nate to the 11en of any
mortgages or deeds of trust to the extent the assessment 1S for an ob11gat1on
accruing after the recordat1on of said mortgage or deed of trust.
Section 11 Exempt Property' The follow1ng property SUbJect to th1s
Declaration shall be exempted from the assessments, charge and lien created
herein:
(a) All propert1es to the extent of any easement or other 1nterest
therein de~cated and excepted by the local pub11C author1ty and devoted to
pub11c use:
(b) All Common Properties as def1ned 1n Axt1cle I, section 1, hereof;
(c) All properties exempted from taxation by the Laws of the state of
west Virginia, upon the terms and to the extent of such legal exempt1on,
provided, however, that property exempted from taxat10n by reason of the
Homestead Exemption or because of a charitable des1gnat1on or status, shall
not be exempt from the assessments, charges, and l1en created here1n
(d) properties owned by the Developer unt11 sold to homeowner.
ARTICLE VI
All Lots in Sect10n 1 of.the Subdiv1sion shall be designated res1dent1al
and shall not be used except for res1dent1al purposes Th1S does not preclude
the Developer from mainta1n1ng Real Estate Off1ces or authorizing Model homes
or Sales Tra1ler. Developer must approve all home plans for consistency in
development. No build1ng shall be erected, altered, placed, or perm1tted to
remain on any Lot other than one (1) single-family dwelling and a pr1vat~
garage to the dwell~ng, and an outbuilding that ~s approved by the Developer.
Any Fence must be approved by Developer for arch~tectural consistency.
Ground-floor area of all sinqle-fam11y, spl~t foyer, and tr~-level homes or
residences shall conta1n a m1nimum area of One Thousand (1000) square feet 1n
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DEED BOOK NO. 567 - BERKELEY COUNTY, W. VA.
the foundat~on, exclus~ve of garage and porches, and the l~ving area of a
standard two-story s~ngle-family res~dence shall conta1n a ~n~murn area of
Twelve Hundred (1200) square feet, exclus1ve of garages and porches.
Ne~ther th~s restr1ction nor any other restr1ct~ons contained in th1s
Declaration of Covenants and Restrictions shall prevent or prohib~t or be
construed to prevent or proh1b1t the Developer or any other owner or bu~lder,
for e1ther use as the1r personal res~dence or for purposes of prof~t and sale,
from erecting, constructing, and building any structure pe~tted by these
restr~ct~ons on any lot 1n the Subdivls10n, nor prevent nor proh1b1t the
Developer from erect1ng, constructing, or bu~lding any roads or other common
amenit1es w1thln the Subdivision.
ARTICLE VII
No bulld1ng or any part thereof shall be erected on any Lot nearer or
~ closer to the front Lot line than twenty (20) feet or nearer or closer to any '" ;j! N
C z
91de or rear Lot 11ne or boundary line than ten (10) feet, unless otherw1se
~
~ noted on the plats of said subd1viS1on and the Developer may grant exceptions ~ ~ ; as long as they comply with the Berkeley county Development Regulat~ons.
ARTICLE VIII
No noxious or offensive act1v1ty, inclu~ng bark~nq dogs, shall be
carried on upon any Lot, nor shal~ anything be done thereon Wh1~h may be or
may become an annoyance or nU1sance to the ne~qhborhood.
AATrCLE IX
No structure of a temporary character, tra~~er, mob~le home, house
trailer, mobile double wides, basement, tent, shack, garage, barn, or other
outbuild~ngs shal~ be used on any Lot at any t1me as a res~dence, e~ther
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DEED BOOR NO. 567 - BERKELEY COl}:KTY, W VA.
temporarily or permanently, except that Developer reserves the r~ght to
authorize a sales/construct~on trailer unt~l the Subd~v~s~on is completed
ARTICLE X
NO an~mals, l~vestock, or poultry of any k~nd shall be raised, bred, or
kept on any Lot, except dogs, cats, or other household pets which may be kept,
provided that they are not kept, bred, or ma~nta1ned for any commerc~al
purpose. All an1mals must be kept on the owner's lot by fence and only
allowed on other propert~es with the 'other property owner's pe~ss~on and 1n
common areas when controlled by a leash.
ARTICLE XI
No Lot shall be used or ma1nta1ned as a dump~ng ground for rubb~sh.
Trash, garbage, or other waste shall not be kept except 1n san~tary
conta~ners, Household ~tems, bu~ld1ng surplus, etc. shall be kept 1ns1de and
kept from view of ne1ghbors. All ~ncinerators or other eqU1pment for the
storage or ~sposal of such mater1als shall be kept 1n a clean and san1tary
condition. All Lots shall be kept free and clear of trash and rubb1sh at all
times and shall be kept mowed.
ARTICLE XII
Any residence erected upon any Lot must be completed w1th1n S1X (6)
months from the date that excavat10n of the Lot is commenced.
ARTICLE XIII
No Junk motor veh1cles nor unreg1stered motor veh1cles nor motor
vehicles not in running cond1tion shall be permitted on any of the Lots. No
vehicles may be pa.ked on the roads in sa~d sUbd1vis~on. Vis1tors shall not
obstruct any mail boxes dur1nq temporary V1S1tS.
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DEED BOOK NO. 567 - BERKELEY COUNTY, W. VA.
ARTICLE XIV
All improvements must be connected to any ava~lable water system and
ma~ntain their ind~vidual system according to Berkeley county Health
Department Gu~delines.
ARTICLE XV
In order to pe~t the practical and econo~cal ~nstallat~on of
util~t~es, including sewer l~nes, easements for installat~on and ma~ntenance
of utilities, inclu~ng. but not be~nq l~~ted to telephone or electr~c l~ght
poles, conduits, equipment, sewer, gas, and water lines, over or under a str~p
of land twenty i20) feet from road boundar~es and ten (10) feet w~de at any
point along the rear, or s~de l~nes of all of the Lots ~n th~s Subdiv~s1on,
are reserved unto the grantor or Developer, h~s successors and aSS1gns,
including the homeowner's association, ~gether w1th the r~ght of 1ngress and
~ egress for the purpose of erecting and maintain~ng sa~d ut111t1es. In ~
z addition, easements for the installat10n and ma1ntenance of sa1d ut11~t1es are
reserved as shown on the recorded plat. W~th1n these easements, no structure.
plant1ng or other mater1als shall be placed or permitted to rema1n Wh1Ch may
damage or interfere with the installation and maintenance of the util~t~es.
The easement area of each Lot and all 1roprovements ~n 1t, except as
hereinafter provided. shall be ma~nta~ned cont~nuously by the owner of the
Lot, except for those ~mprovements for Wh1Ch a publ~c author1ty, ut111ty
company, or the homeowner's assoc1at~on 1S responsible. The assoc~at1on shall
be responsible for the maintenance of drainage easements, and 1nd1v1dual
Owners shall be responsible for the ma~ntenance of proper storm water
management control as a result of any grading they may do as well as
maintenance of any strips of land for the property which lies between each
Owner's front Lot lie and the paved surfaces of the streets.
DEED BOOK 11\0. 567 -- BERKELEY COl~TY, W. VA.
ARTICLE XVI
No signs, billboards, or advertising of any nature shall be erected,
placed, or maintained on the Lots or cornmon area in said 5ubdivis~on, nor upon
any build~nq erected thereon, except address identificat~on signs and normal
and reasonable "For Sale" s~gns, placed only on the lot for sale, except that
Developer reserves the r~ght to author~ze a large s~gn or s~gns for the
Subdiv~s~on unt~ all lots are sold.
ARTICLE XVII
No dump trucks, commerc~al road trucks, tractors, or r~gs normally used
for pulling or haul~ng tra~lers, box trailers, tank trailers, lowboys,
flatbeds, or other s~m1lar veh~cles. heavy trucks, truck-type tractors, or
other similar vehicles, with or w~thout trailers, box trailers, tank trailers,
lowboys, flatbeds, or other s~milar vehicles no matter how propelled, or any
p1ckup trucks, van trucks, or other s1m1lar veh1cles hav~ng a carry1ng
capacity 1n excess of one (l) ton, or any construct~on mach~nery shall be
placed, parked, stored, or pe~tted to rema~n upon any Lot or road 1n The
Properties, ~xcept for temporary use during construct~on or repa1r of any
residence or appurtenant structures, streets, ut1lities, or other cornman
amenities or while actually being used in such construction or repa1r or for
such temporary uses as moving or making de11veries. The park~ng of Motor
Homes or Camper Trailers must be approved by Developer. Th~s does not
preclude the Developer to have equipment used for bu~ld1ng or development as
necessary on the s~te.
ARTICLE XIII
No satellite dishes over 36" in diameter, or large antennas ot any k1nd,
unless specifically approved by Developer. No fences 1n the front yard unless
specifically approved by Developer. The Developer must approve all fences .
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DEED BOOK NO. 567 - BERKELEY COUNTY, W. VA.
Roofs must have a 4/12 p1tch or better Houses must have alum1num, v1nyl or
masonry siding unless specif1cally approved by Developer
be kept in good repa1r by the lot owner
ARTICLE XIX
AIRPORT NOTICE
All dr1veways must
Sec. 1 of Forest He1ghts 1S 1n the fl1ght path of the Eastern west
Virg1nia Reg10nal ~rport and 1S subJect to the sound of low flY1ng a1rcraft.
ARTICLE XX
EXTERIOR MAINTENANCE
In addlt10n to ma1ntenance upon the Common Area, the Assoc1ation shall
prov1de exter10r maintenance upon each Lot Wh1Ch 1S subJect to assessment
hereunder, as follows: paint, repair, replacement and care of roofs, gutters,
downspouts, exterior bU1ld1ng surfaces, trees, shrubs, grass, walks, and other
exterior improvements Such exter10r ma1ntenance shall not 1nclude glass
surfaces.
In the event that the need for maintenance or repa1r of a lot or the . improvements thereon is caused through the w1llful or negligent acts of its
owner, or through the W1llful or negl1gent acts of the family, guests or
inv1tees of the owner of the l?t need1ng such ma1ntenance or repa1r, the cost
of such exter10r maintenance shall be added to and become part of the
assessment to wh1ch such lot 15 subJect.
ARTICLE XXI
GENERAL PROVISIONS
Sect10n 1: Durat10n: The covenants and restr1ct10ns of th1s
Declaration shall run w~th and bind the land, and shall ~nure to the benef1t
of and be enforceable by the Assoc1at10n, or the Owner of any land SUbJect to
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• ... .-e J DEED BOOK NO. 567 - BERKELEY COL-~·nY, W. VA .
th~s Declaration, their respect~ve legal repres~ntat1ves, heirs, successors,
and ass~gns, for a teDn of f1fteen (15) years from the date th~s Declarat~on
is recorded, after which time said covenants shall be automat1cally extended
for successive per~ods of ten (10) years unless an instrument signed by the
then OWners of two-thirds (2/3) of the Lots has been recorded agree~ng to
change said covenants and restrictions, ~n whole or 1n part.
Section 2: Not1ces: Any notice requ~red to be sent to any Member or
Owner under the provlsions of th~s Declaratl0n shall be deemed to have been
properly sent when ma~led, postpa1d, to the last known address of the person
who appears as a Member or Owner on the records of the Associat1on at the time
of such mai11ng
Sect10n 3: Enforcement. Enforcement of these covenants and
restr1ct1ons shall be, by any proceed1ng at law or 1n equlty, agalnst any
person or persons vl01atlng or attemptlng to vlo1ate any covenant or
restriction, either to restra~n v1olatl0n or to recover damages, and agalnst
the land to enforce any lien created by these covenants; and fallure by the
Association or any Owner to enforce any covenant or restrict10n here~n
contalned shall in no event be deemed a waiver of the right to do so there
after.
section 4: Severab11ity: Invalidation of anyone of these covenants or
restr~ct~ons by judgment or Court Order shall 1n no Wlse affect any other
provisions which shall remaln 1n full force and effect.
WITNESS the corporate slgnature th~s ____ ~~~fJ~ __ __ 3 .. 11 day of Matf, 1996
FOREST HEIGHTS INC , a corporation
By~\IE{~: ~ Its prentlent
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