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Boston Reserve Home Owners Association


DECLARATION OF RESTRICTIVE COVENANTS

FOR

BOSTON RESERVE HOMEOWNERS ASSOCIATION

Medina County Recorder

Nancy Abbott

1999ORO25266

July 20, 1999 9:39 am

Reference Number

1999PL000101


DECLARATION OF RESTRICTIVE COVENANTS,

CONDITIONS AND RESTRICTIONS

OF BOSTON RESERVE SUBDIVISION

IN BRUNSWICK HILLS TOWNSHIP, MEDINA, COUNTY, OHIO

KNOW ALL MEN BY THESE PRESENTS, that:

WHEREAS, Sierra Development Corp., an Ohio Corporation, (hereinafter called the “Declarant”) is the owner

of the real property set forth and described in Exhibit “A”, attached hereto and incorporated by reference as if

fully re-written herein in its entirety and fully made a part hereof, which it intends to plat as a residential

subdivision encompassing single family residences and common areas for the benefit of such subdivision.

WHEREAS, Declarant deems it necessary for the efficient preservation of the values, aesthetic harmony, and

amenities of said subdivision and for the maintenance and preservation of the common areas, to impose and

provide restrictions, covenants, easements, and limitations upon the property in Boston Reserve Subdivision.

WHEREAS, Declarant desires to protect the value of said property and to provide a flexible and reasonable

procedure for the overall development of the property and to establish a method for the administration,

maintenance, preservation, use, and enjoyment thereof.

NOW, THEREFORE, Declarant, for itself and its successors and assigns, does hereby declare, publish, and

impose the restrictions, covenants, easements, and conditions hereinafter set forth to and upon the subject

property set forth and described in Exhibit “A” presently owned by it in the Township of Brunswick Hills,

County of Medina, and State of Ohio, which are for the purpose of protecting the value and desirability of and

which shall run with, burden, and bind the property or any part thereof, their heirs, personal representatives,

successors, and assigns, and which shall inure to the benefit of each owner of the property or any part thereof.

All of the following, irrespective of any heading provided, are restrictions, limitations, covenants, and

requirements imposed upon said subdivision by Declarant and shall be covenenants running with the land,

binding upon and inuring to the benefit of the Declarant and the respective grantees in deeds for such property

(or portions thereof), their respective successors, purchasers, heirs, executors, administrators, and assigns.


ARTICLES

ARTICLE I DEFINITION

ARTICLE II PROPERTIES SUBJECT TO THIS DECLARATION

ARTICLE III RIGHTS, DUTIES, AND OBLIGATIONS

ARTICLE IV ESTABLISHMENT OF BOSTON RESERVE HOMEOWNERS

ASSOCIATION

ARTICLE V ADDITIONAL RESTRICTIONS AND PROTECTIVE COVENANTS

ARTICLE VI MISCELLANEOUS


ARTICLE I

DEFINITIONS

Section 1

This following words, when used in thie Declaration, shall have the following meanings:

A Association shall mean and refer to Boston Reserve Homeowner’s Assocaition, an Ohio not-for-profit

corporation founded for the purposes of maintaining and administering the Common Areas, (as hereinafter

defined), providing services of general benefit to the Lot Owners, administering and enforcing the Declaration,

collecting and disbursing the assessments, and exercising the functions hereinafter provided for.

B Boston Reserve Subdivision shall mean and refer to the real property described in Article II

C Common Areas shall include all open spaces and shall mean and refer, which shall include but not

be limited to, those areas of real property and common facilities relating thereto shown on the recorded

subdivision Plat, as Block A, Block B, and all properties and designated thereon as being devoted to and for the

common use of the Lot Owners, landscaping within the boulevard and/or street islands, cul-de-sacs, or right of

way, and any other areas which are deemed appropriate for the expenditure of funds by the Association.

D Declarant shall mean Sierra Development Corp., an Ohio Corporation its successors and assigns.

E Dwelling Unit shall mean any permitted structure or building constructed on a Lot or Lots within

the Subdivision intended for a single family residence and shall include any garage or other permissible

structure built on a Lot for the use or enjoyment of the occupants of said Dwelling Unit.

F Township shall mean the Township of Brunswick Hills, organized and existing under the laws of

the State of Ohio.

G County shall mean the County of Medina, organized and existing under the laws of the State of

Ohio.

H Member shall mean and refer to the Declarant for so long as Declarant owns any unit or lot and all

those owners who are members of the Association hereinafter provided.

I Lot shall mean and refer to any plot of land shown upon any recorded subdivision map of the

Property with the exception of the Common Areas and intended for any type of independent ownership and use.

Unless specifically stated otherwise, the term “Lot” includes the dwelling unit situated upon a Lot. The plural

of said term shall mean one or more of the plots of land defined herein in this subparagraph.

J Lot Owner shall mean any individual, or entity, trustee, or other person who holds is the record

owner of the fee simple title to any Lot.


K Property or properties shall mean and refer to the real property described in Exhibit “A”

of this Declaration and such additional real property as may be added pursuant to the provisions of this

Declaration.

L Subdivision shall mean and refer to the Lots and all common Areas of the Boston Reserve

Subdivision described in Exhibit “A” of this Declaration and such additional real property as may be added

pursuant to the provisions of this Declaration.


ARTICLE II

PROPERTIES SUBJECT TO THIS DECLARATION

Section 1

The real property comprising Boston Reserve Subdiviosn, Common Areas, all of which are and shall be held

subject to this Declaration, are located in the Township of Brunswick Hills, State of Ohio, as is more

particularly describe in Exhibit “A”, attached hereto.

Section 2

All of the Common Areas described herein shall be owned by Boston Reserve Homeowners Association and

shall be held for the use and benefit of all Lot Owners in the Boston Reserve Subdivision.

Section 3

Declarant shall have the right to assign any and all of the rights reserved to it in this Declaration of Restrictive

Covenants, Conditions, and Restrictions. Declarant, on its own behalf, as the owner of all the property, and on

behalf of all subsequent Lot Owners, hereby consents to and approves, and each subsequent Lot Owner and

his/her mortgagee, by acceptance of a deed conveying any ownership interest, thereby consents to and approves

these Declaration of Restrictive Covenants, Conditions, and Restrictions and the provision of this Article II,

including, without limiting the generality of the foregoing, the amendment and modification rights of the

Declarant of this Declaration of Restrictive Covenants, Conditions, and Restrictions in the manner as

hereinafter provided.


ARTICLE III

RIGHTS, DUTIES, AND OBLIGATIONS

Section 1 Declarant’s Duty to Maintain Common Areas

The Declarant shall have the duty to maintain all Common Areas until such time as all improvements are

installed, completed, and paid for in full and deeded to the Association.

Section 2 Association’s Duty to Maintain Common Areas

After title to the Common Areas has been conveyed to the Association, it shall have the duty to maintain said

areas. The Association shall maintain and keep in good repair the Common Areas, which shall included the

maintenance and repair of such utility lines, pipes, wires, glass, conduits, and systems which area a part of the

said areas. The maintenances of the said areas shall be deemed to include, but shall not be limited to,

maintenance, repair and replacements, subject to insurance and casualty loss provisions contained herein, at the

Association’s cost and expense, of all trees, fences, shrubs, grass, streets, parking spaces, walks, and other

improvements situated upon the said Common Areas.

Section 3 Township and County’s Rights and Authority to Compel Maintenance of Common Areas

The Township and County, as third party beneficiaries, may, although under no obligation or duty to do so,

compel compliance with Sections 1 and 2 of this Article as the Township and the County seem necessary, by

court action or by any other means. It is specifically acknowledged by all parties to these Covenants and

Restrictions that the County and the Township are third party beneficiaries to the Covenants and Restrictions

and have the same authority to administer and enforce these Covenants and Restrictions as they relate to the

Common Areas, storm sewers, if any, and swales, as more fully set out herein, as does the Association or

Declarant.

Section 4

Notwithstanding anything in these Declaration of Restrictive Covenants, Conditions, and Restrictions to the

contrary, the duties and obligations of either the Declarant or the Association, as they relate to the Common

Areas and the authority to enforce these duties and obligations, shall be of unlimited duration, shall be non-

modifiable, and shall be non-waiverable without the prior written consent of the Township and/or County, if

required.

Section 5

The Township and/or County, as third party beneficiaries to this Declaration of Restrictive Covenants,

Conditions, and Restrictions and by giving approval to same, shall in no way be deemed to have waived any of

their respective zoning, building, or other requirements or resolutions or general law, which shall still be

binding upon the Property, if they are more restrictive, than this Declaration of Restrictive Covenants,

Conditions, and Restrictions.

Section 6


After transfer of title of the Common Areas to the Association, the Township and/or the County shall have the

right, but not the obligations, to impose any special assessments for improvements made by the Township

and/or the County which would otherwise be a lien on the Common Areas, on the Lots within the development

area, on an equitable basis to be determined by the Township and/or the County.

Section 7

Every Lot Owner shall have a right and easement of the full use and enjoyment in and to the Common Areas,

which shall be appurtenant to and shall pass with the title to every Lot. All such rights and easements are

subject, nevertheless, to the right of the Association to regulate the use thereof, and right to enforce and

establish reasonable penalties, (including but not limited to reasonable suspension of voting rights and use

rights), for the infraction of any regulations or resolution adopted pursuant to this Article III, Section 7, such

Lot Owner’s and/or members’ of the Association right of enjoyment of the Common Areas to the members of

such Lot Owner’s and/or members’ of the Association family, tenants, and contract purchasers who reside in the

Dwelling Unit owned by such Lot Owner.

Section 8

The Delcarant reserves the right and the Association, upon the Declarant ceasing to hold voting rights pursuant

to Article IV, Section 4, shall have the right, to dedicate or transfer all or any part of the Common Areas to any

public agency, authority, utility or other not-for-profit homeowners association, who assumes all the

responsibilities and duties of the Association, as set forth herein, for such purposes and subject to such

conditions as may be agreed to by the Declarant or the Association, upon the Declarant ceasing to hold voting

rights pursuant to Article IV, Section 4. No such dedication or transfer by the Association shall be effective

unless an instrument agreeing to such dedication or transfer is approved at a special meeting of the then

members of said Association and upon the affirmative vote of a majority of the members of the Association

attending such special meeting. Upon receiving Association approveal and after having first been approved by

the Township Trustees, as being in compliance with the Township Zoning Resolution, if required, the

instrument shall be recorded of record conveying such interest.

Section 9

No person shall construct, place upon, or plan anything on the surface of the Common Areas or on the surface

of any easement which is for the benefit of the Association or anyone to whom an easement may be granted,

including but not limited to, utility easements without prior written approval of the Declarant or the Association,

upon the Declarant ceasing to hold voting rights pursuant to Article IV, Section 4.

Section 10

The responsibility for removal of debris or other blockage from streams, creeks, or other bodies of water in the

Subdivision and the maintenances of the banks of any such stream, creek, or other bodies of water, is the

responsibility of each respective Lot Owner whose lot contains or is bounded by that portion of the stream,

creek, or other body of water in the Subdivision requiring debris to be removed or maintenance of its banks. IN

the event that any Lot Owner shall fail or refuse to keep a Lot in conformity herewith, then the Association or

its representatives may enter upon the Lot and maintain said Lot in conformity herewith at the expense of the

Lot Owner thereof and such entry shall not be deemed a trespass. The expenses incurred by the Association

shall be considered a special assessment against said Lot and Lot Owner.

Section 11


Each Lot Owner shall provide goo, neat, and orderly exterior maintenance repair upon each Lot and any

Dwelling Unit thereon, as follows:

A Paint, repair, replacement, and care of roofs, gutters, downspouts, and exterior building surfaces;

B Trees, shrubs, grass, driveways, walks, exterior lighting, permitted fences, and other exterior

improvements;

C No weeds, underbrush, or other unsightly growth shall be permitted to grow or remain anywhere

on a Lot by any Lot Owner. No refuse, debris, pipe, unused, construction material, or other

unsightly objects, as set forth in Article V, Section 7, shall be allowed to be placed, kept, allowed

or suffered to remain anywhere thereon. In the event that any Lot Owner shall fail or refuse to

keep a Lot in conformity herewith, then the Association or its representatives may enter upon the

Lot and maintain said Lot in conformity herewith at the expense of the Lot Owner thereof and

such entry shall not be deemed a trespass. The expenses incurred by the Association shall be

considered a special assessment against said Lot and Lot Owner. Nothing herein stated shall

prohibit the Declarant from the orderly development of the Subdivision or shall any assessment

be made against the Delcarant or any property held by it. Nothing herein stated shall prohibit

any Lot Owner from construction, altering, repairing and/or enlarging any Dwelling Unit, so

long as said construction, altering, repairing and/or enlarging of any Dwelling Unit shall be

completed in a reasonable time.

Section 12

Each Lot Owner and any family, guest, and invitee of same shall make use of a Lot and any Common Area in

such a manner as not to create or maintain a nuisance and shall conduct all activities and enjoyment of a Lot and

any Common Area to prevent offensive activities of any kind and being mindful of each Lot Owner’s right to

peaceful enjoyment of his/her/their/its respective Lot and Common Area rights.

Section 13

Each Lot Owner agrees as additional restrictions, covenants, and obligations for its/his/her/their Lot, and for

itself/himself/herself/themselves and its/his/her/their heirs, successors and/or assigns and anyone claiming title

through said Lot Owner or claiming privileges of membership in the Association, to abide by, to adhere to, and

to assume any and all obligations, duties, and restrictions contained in any Declaration of Restrictive

Covenants, Conditions, and Restrictions, as amended or hereafter amended, authorizing and establishing said

Association, any Articles of Incorporation, as amended or hereafter amended, creating said Association and any

Code of Regulations and Resolutions adopted thereto, as amended or hereafter amended, regulating said

Association, including, but not limited to, all restrictions, duties, and obligations of a Lot Owner and/or

members to the use and enjoyment of any Common Areas, or other lands hereafter acquired by said

Association.


ARTICLE IV

ESTABLISHMENT OF

BOSTON RESERVE HOMEOWNERES ASSOCIATION

Section 1

The Declarant has formed or will hereafter caused to be formed Boston Reserve Homeowners Association (or

other alternate name select by Delcarant), (hereinafter known as the “Association”), an Ohio non-profit

corporation.

Section 2

The Association shall maintain and keep in good repair all of the Common Areas, which shall include the

maintenance and repair of such utility lines, pipes, wires, glass, conduits, and systems which area a part of the

Common Areas. The maintenance of the Common Areas shall be deemed to include, but shall not be limited to,

maintenance, repair, and replacements, subject to insurance and casualty loss provisions containted hereing, at

the Association’s cost and expense, of all trees, fences, shrubs, grass, streets, parking areas, walks, if any, and

other improvements situated on the Common Areas.

Section 3

Every record owner of a fee simple title to any Lot shall, as a condition of ownership, be a member of the

Association. As a member, each owner agrees to abide by the Articles of Incorporation, Code of Regulations,

and Resolutions of said Association.

Section 4

Every record owner of a fee simple title to any Lot shall, as a conditions of ownership, be a Class A member

and shall be entitled to one vote for each single Lot owner. When more than one person holds an interest in a

given single Lot, all such persons shall be members, and the vote for such Lot shall be exercises as they may

determine among themselves. In no event shall more than one vote be cast with respect to any Lot owned by

Class A members. The Lot Owners, herein described, shall have not voting rights in the Association as

provided immediately below.

Declarant shall have the proxy and the right by this document to full (100%) voting rights in the Association for

each Lot of the Subdivision until such time as all of the Lots in the Subdivision have been sold to individuals or

entities other than Declarant, or any entity controlled by Declarant, or at such time as Declarant may elect, in its

sold discretion, to terminate one or more of these reserved voting rights. Termination shall be performed by

Delcarant filing an Affidavit of Termination with the Medina County Recorder, executed in substance and form

of deeds in Ohio and in such manner as is acceptable to the Medina County Recorder for recordation or any

such termination may be part of any deed granted by Declarant.

Section 5

Declarant hereby convenants, for each Lot within the Subdivision, and each Lot Ownere is hereby deemed to

covenant by acceptance of the deed for a Lot, whether of not is shall be so expressed in the deed, to pay to the

Association the following:


A A maintenance assessment which shall be used to maintain any lands, rights, or property titles in

the Association or required to be maintained by the Association to include but not limited to: any

building, street, undedicated roads/streets, landscaping, front entrance, street lighting, snow

plowing, insurance, and any other maintenance items within the subdivision and not the direct

responsibility of any governmental agency or private Lot Owner. Such assessments shall be

made equally against each Lot. The amount and frequency of such assessments shall be

determined by a majority vote of the Association and shall be an amount necessary to promote

the health, safety, and welfare of the residents of the development.

B Special assessments against a single Lot and Lot Owner is permitted in Article III hereof.

C Use assessments for any facility owned and/or service provided by the Association for Lot

Owners and/or members of the Association.

Section 6

Assessments, together with interest, costs, and reasonable attorney’s fees, occasioned by a Lot Owner’s

delinquency in payment of any assessment as herein above provided, shall be a charged on the land and

continuing lien on each Lot upon which such assessment is made. Each such assessment, together with such

interst, costs, and attorney’s fees, shall be a personal obligation of the Lot Owner at the time the assessment

falls due, and such personal obligation shall pass to a successor in title to the Lot.

Section 7

Any assessment not paid within sixty (60) days after the due date shall be deemed in default and shall bear

interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring in action

at law against the Lot Owner personally to pay the same, or may foreclose the lien against the Lot.

Section 8

The assessment lien provided for herein shall be subordinate to the lien of any first mortgage on a Lot, but shall

not be subordinate to any other mortgage lien unless the written consent of the Association to such further

subordination is recorded in the Medina County Records. A sale or transfer of any Lot shall not affect the

assessment lien against the Lot provided, however, the sale or transfer of any Lot pursuant to foreclosure, or any

proceeding in lieu thereof, at which the assessment lien is duly recognized as a claim against the sales proceeds,

shall extinguish the assessment lien as to payments which became due prior to such sale or transfer. No sale or

transfer shall relieve a Lot from liability for any assessments thereafter becoming due or from the lien for such

assessments.

Section 9

The following property shall be exempted from the assessments and liens created herein:

A All properties to the extent of any easement or other interest therein dedicated and accepted by

the County/andor the Township and devoted to public use.

B All properties of the Township or County which are exempted from taxation by the laws of the

State of Ohio.

C All proerties of the Declarant so long as it is fee title owner to any Lot within the Subdivision.


D Any Lot granted, transferred, and/or deeded by the Declarant for a period of one year from date

of said grant, transfer or deed or the sooner of an appropriate governmental entity issuing an occupancy

permit for a dwelling constructed on such Lot.


ARTICLE V

ADDITIONAL

RESTRICTIONS AND PROTECTIVE COVENANTS

Section 1 Common Areas

Common Areas shall be exclusively utilized and kept for decorative areas for the Subdivision and the intended

utilitarian use associated with each respective Common Area, i.e. cul-de-sac, entrance, right-of-way, boulevard

islands, etc. Not other use shall be made of any Common Area by anyone, except that:

A The Declarant shall be permitted, so long as it retains ownership of a Lot or Lots in the

development, to maintain an advertising sign for sale of Lots in the development at any entrance

to the development.

B The Assocaition shall be permitted to maintain an entrance sign, on each side of each entrance,

designating the name of the Subdivision.

Section 2 Land Use – Residential Use

All of the lots, except as hereinafter expressly provided to the contrary, including all Lots enlarged or recreated

by shifting or location of side boundary lines, are restricted to the use of a single family, their household

servants and guests, herein referred to as a single family residence or Dwelling Unit. Only one Dwelling Unit

shall be erected per Lot. A construction shed may be placed on a Lot and remain there temporarily only during

the course of active construction of a residence.

Section 3 Land Use – Use of the Lot or Residence

No industry, business, trade, occupation, or profession of any kind, whether permitted under any County and/or

Township Zoning Resolution, whether for commercial, religious, educational, charitable, or other purposes,

shall be conducted, maintained, or permitted on any property or in any single family residence, except such as

may be permitted by these and other applicable covenants herein written, specifically to wit:

A The Declarant may perform or cause to be performed such work as is incident to the completion

of its development of the Subdivision and improvement of Property subject thereto.

B A Lot Owner or agent or representative may perform or cause to be performed any construction,

maintenance, repair, or remodeling work with respect to any Lot or Dwelling Unit.

C This restriction shall no prevent any Lot Owner from leasing its Dwelling Unit for single family

residential use, except that no single family residence shall be leased for a period less than one

year. No month-to-month, weekly, or nightly rental, in whole or part of any Dwelling Unit, is

permitted.

D This resticiton shall not prevent any Lot Owner from using a portion of a Dwelling Unit for a

personal private office and/or studio, provided:


1 That the activities therein shall not interfere with the quiet enjoyment of comfort of any

other Lot Owner.

2 That such use does not result in walk-in traffic to the lot from the general public.

3 That such use does not result in any commercial traffic or frequent deliveries, regular

daily United Stats Postal Service excepted; and

4 That such use does not violate any Township Zoning Resolutions.

Section 4 Easements

The Delcarant has created or may grant additional easements for the installation and maintenance of water,

electrical, gas, sanitary sewers, storm sewers, drainage, and swales to third parties, including but not limited to

the Township, the County and/or public utility companies. The following shall also be restrictions, conditions,

and covenants regarding easements for public utilities within the Subdivision:

A The Declarant reserves to itself, it successors and assigns, and/or the Association the right to

petition for or grant future easements, right of way for the construction, maintenance, extension,

and operation of all public utilities facilities in and upon all highways and streets, no existing or

to affirm all such agreements that may be entered into between Declarant and/or Association and

the public utility companies and authorities.

B The Declarant reserves unto itself and the Association shall have the right to relocated utility

easements in accordance with the requirements, regulations and resolutions of the County and/or

the Township.

C No structures, (including but not limited to sidewalks and driveways), plantings, or other

materials shall be placed or permitted to remain within any such easement areas, now granted or

hereafter granted by Declarant and/or the Association, which may damage or interfere with the

installation and/or maintenance of such improvements in such easement areas or which may change,

retard, or increase the flow of water through the respective easement areas.

D Those easement areas created for water or other utilities which may be accepted by the

Township, the County, public utilities or any other local governing body or public utility, now formed or

hereafter formed, and after formal acceptance by any such governmental body or public utility, except in

those cases where maintenance would be undertaken as a result of forced assessment against a Lot

Owner or the Association itself.

E The Township, the County, or any other local governing body or public utility, now formed or

hereafter formed, shall have the right to enter upon and across each Lot at any place that the respective

governmental unit or public utility responsible for any such easement area deems necessary in order to

install or maintain, or to perform any function or operation in accordance with any such easement now

existing or hereafter granted.

Section 5 Construction Restrictions - Approvals

In order to insure that all Dwelling Units constructed upon any Lot and/or any other permissible building or

structure to be built on any Lot in the Subdivision will preserve a uniformly high standard of construction, the

following specific approval restrictions shall be conformed to in their entirely by each Lot Owner.


A No Dwelling Unit, any other permissible building, improvement or other structure shall be

erected, placed, or remain on any Lot in the Subdivision until a set of plans and specifications,

including but not limited to elevations, material lists, and a site plan showing the location of the

proposed Dwelling Unit, any other permissible building, improvement, or other structures,

including but not limited to terraces, patios, wall, fences, driveways, polse, any type of antenna

or other communications tower or satellite disk, property lines, and setbacks (hereinafter referred

to as Plans), is submitted and approved, in writing, by the Declarant, or, upon the Declarant

ceasing to hold voting rights pursuant to Article IV, Section 4, by the Board of Trustees of the

Association.

B Declarant reserves the right to itself and the Association shall have the right, upon the Declarant

ceasing to hold voting right pursuant to Article IV, Section 4, to establish grades and slopes and

to fix grades for any Dwelling Unit, any other permissible building, improvement, or other

structure placed, or to remain on any Lot within the Subdivision, so that the same may conform

to a general plan wherein the established grade and slope of each Lot, as the construction thereon

is completed, will correspond to the grade of the Lots on either side, having due regard for

natural contours and drainage of the property. Approval of the grades and slopes for any such

construction shall be in writing prior to any construction.

C In addition to the right to approve Plans in accordance herewith, the Declarant, or upon the

Declarant ceasing to hold voting rights pursuant to Article IV, Section 4, by the Board of

Trustees of the Association shall have the right to approve any general contractor to be employed

in conjunction with construction of any Dwelling Unit, any other permissible building,

improvement, or other structure on any Lot within the Subdivision, and such construction shall

not commence until the contractor has been approved, in writing.

D Prior to the commencement of the actual construction of any Dwelling Unit, any other

permissible building, improvement, or other structure on any Lot within the Subdivision by a

Low Owner, certain trees will have to be removed to provide clearance for the planned

construction. To preserve as many trees as possible, no tress ten (10) inches in diameter or

larger, which stand ten (10) feet or further from the proposed construction may be removed

without the prior written approval of the Declarant, or upon the Declarant ceasing to hold voting

rights pursuant to Article IV, Section 4, by the Board of Trustees of the Association. All Lot

Owners and their respective contractors shall use reasonable precautions to safeguard the

protection of tress during construction, which are not scheduled for removal. IF construction

begins prior to the written approval required by this subparagraph of Article V, Section 5, such

act shall be considered immediate irreparable harm to Declarant or to the Association and

Declarant or the Association shall be considered without an adequate remedy at law for such act,

for which a temporary and/or permanent injunction shall lie in a court of competent jurisdiction.

In the event Declarant or the Association finds in necessary to seek a temporary and/or

permanent injunction to enforce this restriction, the Low Owner(s) who is (are) found to have

violated this restriction shall be responsible in full for the legal fees of Declarant or to the

Association. If trees are cut prior to an injunction being sought or granted in violation of this

restriction, the Lot Owner shall be required to plant trees of sufficient size and quantity to

replace those trees cut in violation of this restriction. The Declarant or the Association shall be

the sole determiner as to size, quantity, and location of the replanting of trees by the Lot Owner

and whether such replanting has sufficiently addressed the damage caused by the cutting of trees

in violation of this restriction.

E No Dwelling Unit, any other permissible building, improvement, or other structure on any Lot

within the Subdivision shall be erected, placed or altered on any Lot until the construction plans


and specifications showing the location of the structure have been approved by the Township

and/or County. The issuance by the Township and/or the County of a building permit, license, or

approval of any type shall not be deemed to satisfy the requirements of this Article V, Section 5,

and shall not prevent the Declarant, the Association, or any of the Lot Owners from enforcing

these restrictions.

F Declarant reserves the right to itself and the Association shall have the right, open the Declarant

ceasing to hold voting rights pursuant to Article IV, Section 4, to grant variations to any Article

V, Section 6 restriction, taking into consideration specifically corner Lots, odd-shaped Lots, or

specific uniqueness of any particular Lot.

G Approvals required by this Article V, Section 5, may be delegated by the Declarant and/or

Association to a Committee. So long as the Declarant holds voting rights pursuant to Article IV,

Section 4, it shall determine the size of such Committee and appoint any such Committee

members for such terms as it deems necessary in its sole discretion. Upon the Declarant ceasing

to hold voting rights pursuant to Article IV, Section 4, then the Associations’s Board of Trustees

shall determine the size of such Committee and appoint any such Committee members for such

terms as it deems necessary in its sole discretion.

H Neither the Declarant nor the Association or any Committee hereafter established pursuant to

this Article V, Section 5, or any respective members or representatives thereof shall have any

liability or responsibility for the satisfactory completion of any Dwelling Unit, structure,

building, improvement, or part or component thereof on any Lot within the Subdivision by

reason of an approval given pursuant to this Article V, Section 5.

1 Any approval given pursuant to this Article V, Section 5, shall not be deemed to

constitute approval of the plans as containing a proper design for any other purpose

created under Article V, Section 5.

2 Any approval given pursuant to Article V, Section 5, does not constitute any warranty of

guarantee that said Plans will receive any and all necessary governmental approvals or is

to be considered any warranty or guarantee for any specific purpose other than

established by this Article V, Section 5.

I If any construction of any Dwelling Unit, any other permissible building, improvement, or other

structure on any Lot within the Subdivisions begins prior to the written approvals required by

this Article V, Section 5, such act shall be considered immediate irreparable harm to Declarant

and/or to the Association. Declarant and/or the Associations shall be considered without an

adequate remedy at law for such act, which a temporary and/or permanent injunction shall lie in

a court of competent jurisdiction. In the event Declarant and/or the Association finds it

necessary to seek a temporary and/or permanent injunction to enforce this restriction, the Lot

Owner who is found to have violated this restriction shall be responsible in full for the legal fees

of the Declarant and/or the Association.

Section 6 Construction Restrictions - Setback Lines and Design

In order to insure that all Dwelling Units constructed upon any Lot and/or any other permissible building or

structure to be built on any Lot in the Subdivision will preserve a uniformly hight standard of construction, the

following specific building restrictions shall be conformed to in their entirety by each Lot Owner.


A Any Dwelling Unit of one story, (including but not limited to Ranch style construction), shall not

be permitted having less than twenty-two hundred (2,200) square feet of floor area. Any

Dwelling Unit having two stories, (including but not limited to Colonial or Cape Cod style

construction), shall not be permitted having less than twenty-five (2,500) square feet of floor

area.

1 The method of determining the square foot area of proposed Dwelling Unit shall be to

multiply the outside horizontal dimensions of the building or structure at each floor level.

Garages, terraces, patios, carports, screened porches, open porches, breezeways,

basements, and unfinished storage areas, except as herein provided, shall not be taken

into account in calculating the minimum square foot area as required by this restriction.

Rooms open to multiple stories shall only be calculated for the square foot area at the

floor level.

2 In the case of a Cape Code construction, the second floor area shall be computed from the

outside dimension of the knee walls and/or dormer walls.

3 If a basement is exposed at ground level due to a sloping Lot and completed to a living

area with full windows and door, fifty percent (50%) of the square footage of the

basement may be counted.

B Minimum setback requirements for construction from Lot lines are established at: Front, one

hundred feet (100’); Back, fifty feet (50’); Sides, twenty feet (20’). However, if in any event, the

minimum setback requirements now established or hereafter established by the Township and/or

County, the more restrictive setback requirements shall control. Where two (20) or more Lots

are acquired and used as a single building site, the side Lot lines shall refer only to the lines

bordering on the adjoining Lot.

C Minimum roof pitch of 7/12 shall be permitted.

D Fireplace chimneys are to be constructed of brick or sandstone masonry construction only.

E No driveway shall be constructed with materials except asphalt, concrete, or brick and located as

required by the Township and/or County.

F No portion of any Dwelling Unit or other permissible structure shall contain exposed concrete

block, it being required that such be faced with brick, stone, or stucco, unless exposed area is

part of solid poured concrete system with the facing of such brick, stone, or stucco appearance

when finished.

G Modified by Amendment on 11/28/2005

Was

No garage shall be erected which is separate from the main Dwelling Unit and all garages must

be sufficient to store at least two (2) or more full size passenger automobiles. The location of

any garage shall be on the side or rear entry of a Dwelling Unit sot that garage doors do not front

any street or boulevard. No garage shall be converted by alteration or use so as to diminish its

area below that required for such purposes unless in conjunction with such conversion, a garage

with equivalent space is provided and constructed.


Is Now

All Dwelling Units must have an integral garage sufficient to store at least two (2) or more full

size passenger vehicles. Freestanding garages may be approved by the Association, upon

satisfying any and all provisions of the Declaration, in particular Article 5. If permitted the

maximum size of the garage, any outbuilding, or the sum of the sizes of all outbuildings or

garages is to be limited to thirty-three percent (33%) of the Primary Dwelling Unit’s square

footage. The location of any attached garage shall be on the side or rear entry of a Dwelling Unit

sot that garage doors do not front any street or boulevard. No garage shall be converted by

alteration or use so as to diminish its area below that required for such purposes unless in

conjunction with such conversion, a garage with equivalent space is provided and constructed.

H No portion of any Lot nearer to any street than the minimum setback line shall be used for any

purpose other than that of a lawn. All lawns in the front of each residence shall extend to the

pavement line, except for heavily wooded Lots. No gravel or paved parking strips are to be

allowed, except as approved on the Plans submitted for written approval pursuant to Arcticle V,

Section 5 thereof. No signs, except as herein provided, statuary, art objects, designed objects,

fountains, or similar ornamentation shall be permitted in the area designated in this subparagraph

of Article V, Section 6. Landscaping of said area shall be completed in a reasonable time after

construction of a Dwelling Unit, not to exceed six (6) months. (Nothing herein contained shall

be construed as preventing the use of such portion of said Lot for walks and drives, the planting

of trees or shrubbery, the growing of flowers or ornamental plants, or for other similar

ornamentations for the purpose of beautifying said Lot.)

I Modified by Amendment on 11/28/2005

Was

Sight lighting which interferes with the comfort, privacy, or general welfare of adjacent or any

other Lot Owner is prohibited. All Dwelling Units shall be required to have installed a post light

of identical uniform design, ten feet (10’) from the driveway, at the right-of-way line which is

serviced by underground wiring, which design shall be designated by Declarant and/or the

Association upon the Declarant no longer being a Class B member of the Association.

Is Now

Eliminated

J All garbage or trash containers, heating oil tanks, gas meters, and/or bottled heating gas tanks

shall be placed underground or placed in screen-in or wall-in areas so that they shall not be

visible from adjoining Lots.

K All permissible rear-yard fencing shall be constructed of a wooden or vinyl design. All

permissible side-yard and front-yard fencing shall be constructed in a split rail design of either

wood or vinyl. Prior written approval of any fence is required under Article V, Section 5 hereof.

Other fencing, including but not limited to any wire mesh or chain link fences are strictly

prohibited in all instances.


L All satellite, radio, and/or communication disks, and antennas, now manufactured or hereafter

manufactured, shall be positioned and camouflaged so as not to be visible from any street or

highway, No trees shall be cut to permit the installation and/or maintenance of any such device.

Prior written approval of the installation and/or construction of any such device is required under

Article V, Section 5 hereof.

M Modified by Amendment on 11/28/2005

Was

No mailboxes shall be constructed or placed except those conforming to the identical uniform

design designated by the Declarant and/or the Association upon the Declarant no longer being a

Class B member of the Association.

Is Now

Postal boxes may be either of the “Landings” style, masonry construction utilizing the same

brick as the house or a “Step 2” box. Those not presently conforming must conform when it is

time for replacement. Postal boxes are to have visible street numbers.

N The size, course, flow of streams, creeks, and/or any other bodies of water shall not be altered or

created or tampered without prior to written approval under Article V, Section 5 hereof.

Section 7 Specific Use Restrictions

In order to insure that all Property preserves a uniformly of use and conformity for the efficient preservation of

the values, aesthetic harmony, and amenities of the Subdivision, the following specific restrictions, (which are

in addition to any use and activities restrictions herein stated), shall be conformed to in their entirety by each

Lot Owner.

A No industrial or manufacturing uses of any kind shall be permitted.

B No commercial agricultural uses shall be permitted.

C No drilling or operating of any oil or gas wells shall be permitted.

D No mining or extraction of any minerals, including the removal of sand or gravel shall be

permitted. (Nothing in this restriction shall prohibit the removal of any material in connection

with the development of the Property for permitted use.)

E The keeping, raising, and harboring of wild beasts, cattle, swine, fowl, poultry, livestock, other

farm animals, or any other animal or insects not normally kept as household pets is prohibited.

(Nothing in this restriction shall prohibit keeping of household pets provided they are not kept,

bred, boarded, or maintained for commercial purposes, or kept in any manner as to constitute a

nuisance. The Association may hereafter establish and define, by resolution, rules regulating the

maintaining and walking of pets throught the Subdivision. However, in no event shall there be

more than four (4) dogs or cats or comination thereof permitted.)

F Temporary structures, including but not limited to trailers, campers, basement or incompolete

houses, tents, shacks, barn, garages, (except garages permitted herein), are prohibited. (Nothing


in this restriction shall prohibit trailers and temporary structures used in connection with the

development of the Subdivision or construction or alteration of any Dwelling Unit.)

G The erection or maintenance of any sign, billboard, or advertising devices of any kind is

prohibited on any Lot, except, one (1) sign not larger than eight hundred sixty-four (864) square

inches for the offering of a Lot and any Dwelling Unit for sale shall be permitted on the premises

to be sold. Additionally, homebuilders and contractors shall have the right to display one sign

not larger than eight hundred sixty-four (864) square inches during the period of construction of

any Dwelling Unit. (Nothing contained in this restriction shall be construed to prohibit or

interfere with the Declarant’s right to display signs, of any size or design, for sale of Lots in the

Subdivision).

H The storage, construction, placement, or maintenance of privies, outhouses, or other portable or

detached lavatory units is prohibited on any Lot. (Nothing contained in this restriction shall

prohibit the placement and use of temporary portable toilets for the use of construction workers

during the construction of any Dwelling Unit or improvement and/or repair to same, installation

of any utility or other work performed in the furtherance of Declarant’s development of the

Subdivision.)

I The storage, construction, placement, or maintenance of helicopter pads, radio towers,

commercial communication disks, or microwave towers or receivers or transmitters is prohibited

on any Lot.

J The storage, construction, placement, or maintenance of above ground swimming pools is

prohibited on any Lot.

K The storage, parking, placement, or maintenance of campers, motorized trailers, mobile homes,

all-terrain vehicles, recreation conversion vans, motor bikes, bicycles, trailers, campers, canoes,

boat trailers, snowmobiles, snowmobile trailers of any type, trail bikes, mini-bikes, motorcycles,

scooters, boats, boat trailers of any type, and other recreation vehicles, now manufactured or

hereafter manufactured, is prohibited on any Lot or adjacent roadway for a period of more than

seven (7) days, (or less time if parked on any roadway or street and less time is permitted by

Township or County), without said vehicle being housed inside a permanent and permissible

structure of a Lot.

L The parking of commercial trucks for more than four (4) hours on any lot or roadway or street, or

the storage, parking, placement, or maintenance of non-working vehicles, detachable truck or

camper cabs, building equipment, work trucks, commercial trucks, tractors, trailers, mowers,

lawn-care equipment, water tanks, fuel tanks, sprayers, sprayer tanks, and other large implements

is prohibited on any Lot without said equipment, vehicle, or other apparatus being housed inside

a permanent and permissible structure of a Lot. (Nothing ins this restriction shall prohibit the

normal activities of the Declarant, the Association, any Lot Owner, homebuilder, contractor,

Township, and/or County from storing, parking, placing, or maintaining any of the necessary

equipment and vehicles associated with the development of the Subdivision by Declarant, the

construction and/or maintenance of any Dwelling Unit and/or permissible structure on a Lot, the

maintenance of any lawn or other landscaping service on a contract service basis to the

Declarant, Association, or Low Owner, the construction, installation, repairing, and/or servicing

of any utility, easement, or public service, so long as the duration is reasonable and necessary to

the permitted activity.)

M The hanging of laundry, carpets, or other items on outside lines is prohibited on any Lot.


N No Lot in the Subdivision shall be subdivided or divided.

O No portion of the Lot shall be utilized for driveway or roadway purposes except for access to and

from the residence located upon that Lot.

P The storage, depositing, or leaving of waste material, including but not limited to: garbage,

refuse, waste, putrid substances, hazardous waste, junk, construction and demolition debris,

excess dirt or soil, cut vegetation, is prohibited on any Lot. A Lot Owner, occupant, or tenant of

any Lot Owner may keep normal garbage and refuse as shall necessarily accumulate from the

last garbage and rubbish collection available for such Lot and/or Dwelling Unit, provided such

garbage and/or refuse is kept in sanitary containers, which containers and refuse, except on the

day scheduled for garbage and rubbish collection for such Lot and/or Dwelling Unit, shall be

kept from public view. (Nothing in this restriction shall prohibit or interfere with the reasonable,

normal, and ordinary construction and demolition debris associated with permissible

construction, alteration, and/or repair; all and any of which shall be maintained and removed in a

reasonable, safe, and timely manner.) (Nothing in this restriction shall prohibit or interfere with

the Declarant’s development of the Subdivision.)

Q Use of any Common Area for temporary repair, changing of oil, body repair, or other usages

associated with the repair and cleaning of vehicles, boats, trailers, recreational vehicles, lawn and

garden equipment, or any other equipment is prohibited.

R No waste of any kind shall be committed in or on the Common Areas.

S No storage or depositing of anything in or upon the Common Areas without the written approval

of the Association.

T No planting or gardening, harvesting of trees or cutting of trees or the removal, cutting, or

transplanting of any flora shall be permitted in any Common Areas unless authorized in writing

by the Association.

U No hunting or shooting of firearms, rifles, or other dangerous ordinances, including but not

limited to, dart guns, air rifles or pistols, bows and arrows, explosives, or fireworks shall be

permitted on any Lot or Common Area.

V No nuisances shall be allowed upon the Common Areas nor use or practice which is the source

of nuisances to Lot Owners or which interferes with the peaceful possession and proper use of

Common Areas and the natural flora and fauna that abounds therein.

W No automobiles, trucks, all-terrain vehicles, dirt bikes, or other motorized off-road vehicles now

known or later developed shall be used or operated in or upon any Common Areas. Non-

motorized bike-riding, horseback riding and other electrical driven transportation for the

handicapped will be permitted subject to the regulation of the Association.

X All Common Areas shall be kept in a clean and sanitary condition, and the Association shall

adapt such rules and regulations to govern the management and use of the Common Areas for

hiking, walking, picnicking, and other uses consistent with the purpose and intent of the

Common Areas remaining in a natural state.


ARTICLE VI

MISCELLANEOUS

Section 1

A failure of the Declarant and/or the Association or any Lot Owner to enforce any of the provisions of this

Delcaration of Restrictive Covenants, Conditions, and Restrictions shall, in no event be considered a waiver

thereof of acquiescence in or consent to any further or succeeding breach or violation thereof, and the

Declarant, the Association, or any Lot Owner, shall at any and all times, have the right to enforce the same. The

failure, refusal, or neglect of Delcarant, the Association, or any Lot Owner to enforce the any provisions hereof

or to prevent violations hereof, shall in no event make the Declarant, the Association, and/or a Lot Owner liable

for such failure, refusal, or neglect.

Section 2

Until the Declarant ceases to hold voting rights pursuant to Article IV, Section 4, the Declarant reserves the

right to waive, change, modify, amend, or cancel any and all of the provisions of this Delcaration of Restrictive

Covenants, Conditions, and Restrictions, or any other Deed given by the Declarant in respect to the Property, if

in its judgement, the development of the Subdivision or lack of development of the Subdivison warrants the

same of if, in its judgement, the ends and purposes of said raly would be better served. Promptly following any

modification, change, amendment to, or decision to cancel this Delcaration of Restrictive Covenants,

Conditions, and Restrictions, the Declarant shall execute and record and instrument reciting same. Any action

taken under the authority of the Article VI, Section 2, by Declarant, shall be submitted and approved by the

Township and/or County, if required.

Section 3

The covenants, restrictions, reservations, and conditions contained in this Delcaration of Restrictive Covenants,

Conditions, and Restrictions are to run with the land and shall be binding al all persons claiming under it for a

period of twenty (20) years from the date of recordation of this Delcaration of Restrictive Covenants,

Conditions, and Restrictions with the Medina County Recorder, after which time, said provisions contained

herein shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a

majority of the then Lot Owners has been recorded with the Medina County Recorder, agreeing to change,

modify, or cancel this Delcaration of Restrictive Covenants, Conditions, and Restrictions. Any action taken

under the authority of the this Article VI, Section 3, shall be submitted and approved by the Township and/or

County, if required.

Section 4

Enforcement of any provision of the Delcaration of Restrictive Covenants, Conditions, and Restrictions shall be

by proceeding at law or in equity against any person or persons violating or attmpeting to violate any covenant,

restriction, reservation, or condition hereof, either to restrain violation or to recover damages, as may be

allowed by law.

Section 5


Invalidation or modification of any one of the provisions of this the Delcaration of Restrictive Covenants,

Conditions, and Restrictions by judgement or a court order of a court of competent jurisdiction shall in no event

or way affect any of the other provisions, which shall remain in full force and effect. The legal rule and

doctrine of “construction against the drafting party” shall not be applied by any court against Declarant. Said

rule being specifically waived by any person claiming or seeking rights under the provisions of this the

Delcaration of Restrictive Covenants, Conditions, and Restrictions. Ohio Law shall be the applicable law to

any interpretation of this the Delcaration of Restrictive Covenants, Conditions, and Restrictions.

Section 6

Other than specifically set forth herein, this the Delcaration of Restrictive Covenants, Conditions, and

Restrictions may be amended, modified, or cancelled any time after the thirtieth (30th) day following the

Declarant ceasing to be a Class B member of the Association in the following manners:

A If, for any reason, no Association exists then upon the written consent of seventy-five percent

(75%) of the then Lot Owners. Any written consent to the amendment, modification, or

cancellation by the Lot Owners, pursuant hereto, shall be an instrument which sets forth in full

the text of the modification or cancellation and be signed by said required number of Lot Owners

in the same manner and with all the requirements of a recordable deed in the State of Ohio.

B By the Class A members of the Association at a special meeting held for such purposes, on the

affirmative vote of seventy-five percent (75%) of the Class A members entitled to vote at such

meeting. Written notice shall be given to each member at least thirty (30) days in advance of

such meeting stating that such amendment, modification, or cancellation shall be considered at

the meeting and setting forth the text of the proposed modification or cancellation. Voting may

be by written proxy. In the event of amendment, modification, or cancellation of this

Delcaration of Restrictive Covenants, Conditions, and Restrictions by the Class A members of

the Association, the President and Secretary or all Board of Trustees of the Association shall

execute an instrument reciting such amendment, modification, or cancellation.

Any action taken under authority of this Article VI, Section 6, shall be submitted and approved by the Township

and/or County, if required.

Section 7

Any action by the Association pursuant to Article III, Section 10 and Section 11, shall not be taken until

reasonable written notice is given to the Lot Owner, who is subject to the proposed action detailing the

proposed action and informing the Lot Owner when the date and time of the next regular or special meeting of

the Board of Trustees of said Association, whereupon the Board of Trustees will vote on such action, will take

place. Any Lot Owner notified shall be given an opportunity to be heard at such meeting. No action pursuant

to Article III, Section 10 and Section 11, unless upon the majority vote of the Board of Trustees. The Board of

Trustees of the Association shall adopt any and all necessary regulations and resolutions in furtherance of this

Article VI, Section 7, to insure any Lot Owner’s due process rights.

Section 8

Any notice required to be sent to any Lot Owner under this Delcaration of Restrictive Covenants, Conditions,

and Restrictions shall be to have been properly given, when either:

A Delivered to said Lot Owner personally.


B Mailed, postage prepaid by certified mail receipt return requested to the last known address of

the Lot Owner as appears on the records of the Medina County Auditor to the last address

provided the Association.

C Delivered by a commercial delivery service, showing to whom such was delivered, to the last

known address of the Lot Owner as appears on the records of the Medina County Auditor to the

last address provided the Association.

D If no such address is found or provided or the Lot Owner refuses delivery of said notice, then

said notice may be posted for a period of thirty (30) days upon the Lot Owner’s property.

Section 9

Neither the Declarant nor its representatives, successors, or assigns shall be liable for any claim whatsoever

arising out of or by reason of any actions performed pursuant to any authority granted or delegated to it by or

pursuant to this Delcaration of Restrictive Covenants, Conditions, and Restrictions or the Regulations of the

Association or in Delcarant’s (or its representative’s) capacity as owner, manager, or seller of the Lots or any

part thereof, whether or not such claim:

A Shall be asserted by a Lot Owner, occupant, the Association, or by any person or entity claiming

through any of them; or

B Shall be on account of injury to person or damage to or loss or property wherever located and

however caused; or

C Shall arise ex contractu or (except in the case of international tort or gross negligence) ex delicto.

Without limiting the generality of the foregoing, the foregoing enumeration includes all claims for, or arising by

reason of, the Lots containing any patent or latent defects, or by reason of any act or neglect of any Lot Owner,

occupant, the Association, any Committee, and their respective agents, employees, guests, and invitees, or

reason of any neighboring property or personal property located on or about the Subdivision, or by reason of the

failure to function or disrepair of any utility service, (heat, air conditioning, electricity, gas, water, sewage, etc.).


Amendments Filed 11/28/2005

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