Covenants Word Doc - Providence Manor HOA

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PROVIDENCE MANOR
HOME OWNERS ASSOCIATION
ASSOCIATION DOCUMENTS
Providence Manor Home Owners Association
Association Documents Index
ARTICLES OF INCORPORATION .......................................................................................... 5
ARTICLE I NAME.................................................................................................................... 5
ARTICLE II PRINCIPAL OFFICE........................................................................................... 5
ARTICLE III PURPOSE AND POWER .................................................................................. 5
ARTICLE IV MEMBERSHIP .................................................................................................. 6
ARTICLE V BOARD OF TRUSTEES ..................................................................................... 7
ARTICLE VI NOTICE AND QUORUM ................................................................................. 7
ARTICLE VII INDEMNIFICATION ....................................................................................... 7
ARTICLE VIII DURATION ..................................................................................................... 8
ARTICLE IX DEFINITIONS ................................................................................................... 8
ARTICLE X AMENDMENTS.................................................................................................. 8
CODE OF REGULATIONS ........................................................................................................ 9
ARTICLE I GENERAL ............................................................................................................. 9
SECTION 1. Name and Nature of the Association ................................................................ 9
SECTION 2. Membership ...................................................................................................... 9
SECTION 3. Definitions ......................................................................................................... 9
SECTION 4. Boundaries ........................................................................................................ 9
SECTION 5. Record Retention............................................................................................... 9
ARTICLE II MEETINGS OF MEMBERS ............................................................................. 10
SECTION 1. Place of Meetings ............................................................................................ 10
SECTION 2. Annual Meetings ............................................................................................. 10
SECTION 3. Special Meetings ............................................................................................. 10
SECTION 4. Notice of Meetings .......................................................................................... 10
SECTION 5. Waiver of Notice ............................................................................................. 10
SECTION 6. Adjournment of Meetings ............................................................................... 11
SECTION 7. Voting Rights .................................................................................................. 11
SECTION 8. Proxies ............................................................................................................. 11
SECTION 9. Majority of Owners ......................................................................................... 11
SECTION 10. Quorum ......................................................................................................... 12
SECTION 11. Conduct of Meetings ..................................................................................... 12
SECTION 12. Action Without A Meeting ........................................................................... 12
ARTICLE Ill BOARD OF TRUSTEES .................................................................................. 12
SECTION 1. Governing Body .............................................................................................. 12
SECTION 2. Number and Qualification of Trustees ............................................................ 12
SECTION 3. Assistants to the Board .................................................................................... 12
SECTION 4. Powers and Duties ........................................................................................... 13
SECTION 5. Nomination of Trustees ................................................................................... 13
SECTION 6. Election of Trustees ........................................................................................ 14
SECTION 7. Terms of Office; Resignations ........................................................................ 14
SECTION 8. Compensation.................................................................................................. 14
SECTION 9. Removal of Trustees ....................................................................................... 14
SECTION 10. Organization Meetings .................................................................................. 15
SECTION 11. Regular Meetings .......................................................................................... 15
SECTION 12. Special Meetings ........................................................................................... 15
SECTION 13. Notice of Meetings; Waiver .......................................................................... 15
SECTION 14. Quorum of the Board of Trustees ................................................................. 15
SECTION 15. Conduct of Meeting ...................................................................................... 15
SECTION 16. Open Meetings .............................................................................................. 15
SECTION 17. Executive Session ......................................................................................... 16
SECTION 18. Action Without A Meeting ........................................................................... 16
ARTICLE IV COMMITTEES ................................................................................................ 16
SECTION 1. General ............................................................................................................ 16
ARTICLE V DETERMINATION AND PAYMENT OF ASSESSMENTS .......................... 16
SECTION 1. Adoption of Budget ......................................................................................... 16
SECTION 2. Failure to Adopt Budget .................................................................................. 16
SECTION 3. Computations of Assessments ........................................................................ 17
SECTION 4. Payment, Delinquency and Acceleration ........................................................ 17
SECTION 6. Remedies for Default ...................................................................................... 17
ARTICLE VII MISCELLANEOUS ........................................................................................ 17
SECTION 1. Parliamentary Rules ........................................................................................ 17
SECTION 2. Conflicts .......................................................................................................... 17
SECTION 3. Books and Records.......................................................................................... 18
SECTION 5. Notices ............................................................................................................ 18
SECTION 6. Amendment ..................................................................................................... 18
SECTION 7. Audit................................................................................................................ 18
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND
RESERVATION OF EASEMENTS ......................................................................................... 19
ARTICLE I DEFINITIONS .................................................................................................... 19
ARTICLE II PROPERTY RIGHTS ........................................................................................ 19
ARTICLE III MEMBERSHIP AND VOTING RIGHTS ....................................................... 20
ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENT ................................... 20
ARTICLE V ARCHITECTURAL CONTROL....................................................................... 22
ARTICLE VI USE RESTRICTIONS AND MAINTENANCE .............................................. 24
ARTICLE VII GENERAL PROVISIONS .............................................................................. 25
FIRST AMENDMENT ............................................................................................................... 27
SECOND AMENDMENT .......................................................................................................... 28
THIRD AMENDMENT ............................................................................................................. 29
GUIDELINES FOR BASKETBALL HOOPS ......................................................................... 30
GENERAL ................................................................................................................................ 30
TYPE - COLOR - SIZE ............................................................................................................ 30
LOCATION, ............................................................................................................................. 30
USE ........................................................................................................................................... 30
MAINTENANCE ..................................................................................................................... 31
APPROVAL. ............................................................................................................................ 31
Request for Approval of a Temporary Basketball Hoop .......................................................... 35
GUIDELINES FOR SWING SETS: PLAYGROUND EQUIPMENT: OUT BUILDINGS:
FENCING AND APPURTENANT STRUCTURES ............................................................... 36
GENERAL ................................................................................................................................ 36
SWING SETS AND PLAYGROUND EQUIPMENT ............................................................. 36
PERMANENT OUT BUILDINGS .......................................................................................... 37
FENCING ................................................................................................................................. 37
BOUNDARY AND PERIMETER FENCING ..................................................................... 37
SWIMMING POOL FENCING ........................................................................................... 37
PRIVACY FENCING ........................................................................................................... 38
COMPOST BINS...................................................................................................................... 38
NON COMMERCIAL, NOT MASS PRODUCED, MADE OF NATURAL MATERIALS.
............................................................................................................................................... 38
MASS PRODUCED COMPOST BINS OR CONTAINERS .............................................. 38
FENCING ................................................................................................................................. 42
BOUNDARY AND PERIMETER FENCING ..................................................................... 42
SWIMMING POOL FENCING. .......................................................................................... 42
PRIVACY OR OTHER FENCING ...................................................................................... 42
Statement of Purpose: ............................................................................................................... 45
Definition: ................................................................................................................................. 45
Where recorded: ........................................................................................................................ 45
Limitations and Use: ................................................................................................................. 45
Various Types of Maintenance: ................................................................................................ 45
PMHOA Policy of Who is Responsible: .................................................................................. 46
Statement of Purpose: ............................................................................................................... 47
Definitions: ............................................................................................................................... 47
Guidelines: ................................................................................................................................ 47
EXHIBIT “A”: LEGAL DESCRIPTIONS AND LIST OF ANNEXATIONS .................... 50
ARTICLES OF INCORPORATION
PROVIDENCE MANOR HOME OWNERS ASSOCIATION
In compliance with the requirements of the provisions of Chapter 1702 of the Revised
Code of Ohio, the undersigned hereby forms a corporation not-for-profit and certifies:
ARTICLE I NAME
The name of the corporation is Providence Manor Home Owners Association.
ARTICLE II PRINCIPAL
OFFICE
The principal office of the Association shall be in Union Township, Butler County, Ohio,
or such place in Butler County, Ohio, as the Board of Trustees of the Association shall specify
from time to time.
ARTICLE III PURPOSE
AND POWER
The purposes for which this Association is formed are to act on behalf of the owners at
Providence Manor Subdivision to provide for maintenance, preservation and architectural control
of the property, and to promote the health, safety and welfare of the residents. To promote these
purposes, the Association shall have the following powers:
(a) adopt and amend a Code of Regulations and other rules and regulations;
(b) adopt and amend budgets for revenues, expenditures and reserves and collect
assessments for common expenses from owners;
(c) hire and discharge managing agents and other employees, agents and independent
contractors;
(d) institute, defend, or intervene in litigation or administrative proceedings in its own
name on behalf of itself or two or more owners on matters affecting the community;
(e) make contracts and incur liabilities;
(f) regulate the use, maintenance, repair, replacement and modification of the Common
Areas and those portions of the Lots for which the Association has maintenance
responsibility and other rights as set forth herein; or in the Declaration;
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(g) cause additional improvements to be made as part of the Common Areas;
(h) acquire, hold, encumber and convey in its own name any right, title or interest to real
estate or personal property;
(i) grant easements, liens, licenses and concessions through or over the Common Areas;
(j) impose and receive any payments, fees or charges for the use, rental or operation of the
Common Areas and for services provided to Owners;
(k) impose charges for late payments of assessments and after notice and an opportunity to
be heard, levy reasonable fines for violations of the Declaration, Code of Regulations,
rules and regulations of the Association;
(l) impose reasonable charges for the preparation and recordation of amendments to the
Declaration or for statements of unpaid assessments;
(m) provide for indemnification of its officers and board of trustees and maintain directors'
and officers' liability insurance;
(n) assigns its rights to future income, including the right to receive Common Expense
assessments, except that this power shall be limited to the purposes of repair of existing
structures or construction of recreation facilities;
(o) exercise any other powers conferred by the Declaration or Code of Regulations;
(p) exercise all other powers that may be exercised in this state by corporations, not for
profit;
(q) exercise any other powers necessary and proper for the governance and operation of
the Association;
The Association shall not do any act or enter into any agreement or enter into any
transaction in a manner which would violate any provision of Chapter 1702 of the Ohio Revised
Code or the provisions of these Articles, the Declaration or the Code of Regulations.
ARTICLE IV
MEMBERSHIP
Every person or entity who is a record owner of a Lot shall be a member of the Association,
and is herein called "an owner". The foregoing in not intended to include persons or entities who
hold an interest merely as security for the performance of an obligation. Membership shall be
appurtenance to and may not be separated from ownership of a Lot, and transfer of a Lot shall
automatically transfer membership to the transferee. Voting rights of members shall be as set forth
in the Declaration and Code of Regulations.
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ARTICLE V BOARD OF
TRUSTEES
The names and addresses of the persons who are initially to act in the capacity of Trustees, until
the selection of their successors, (as provided in the Declaration and By-Laws), are:
David J. Clinton
813 Broadview
Fairfield, Ohio 45014
Ruth Clinton
813 Broadview
Fairfield, Ohio 45014
James A. Matre
1251 Nilles Road, Suite #10
Fairfield, Ohio 45014
The number, qualifications, manner and time of selection of successor Trustees and their
terms of office, shall be as set forth in the Declaration and Code of Regulations.
The Board of Trustees shall have all of the powers and all of the duties of the Board of
Trustees as defined in Chapter 1702 of the Revised Code of Ohio, except as such powers may be
limited or expanded by the provisions of these Articles, the Declaration or the Code of
Regulations.
ARTICLE VI NOTICE
AND QUORUM
Notice and quorum requirements shall be in accordance with the provisions of the
Declaration and the Code of Regulations.
ARTICLE VII
INDEMNIFICATION
(1)
The Association shall indemnify every person who is or has been a Trustee, officer,
agent or employee of the Association and those persons' respective heirs, legal representatives,
successors and assigns, against expenses, including attorneys' fees, and judgments, decrees, fines,
penalties, and amounts paid in settlement actually and reasonably incurred in connection with any
threatened, pending or completed action, suit or proceeding, whether civil, criminal,
administrative or investigative, and whether in an action or proceeding by or in the right of the
Association, or otherwise, in which such person was or is a party or is threatened to be made a
party by reason of the fact that person was a Trustee, officer, employee or agent of the Association,
or is or was serving in such capacity at the request of the Association, provided that person (a)
acted in good faith and in a manner that person believed to be in or not opposed to the best interests
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of the Association, and (b) in any matter the subject of a criminal action or proceeding, had no
reasonable cause to believe the questioned conduct was unlawful, but provided that in the case of
any threatened pending or completed action or suit by or in the right of the Association to procure
a judgment in its favor against any such person by reason of that person serving in such capacity,
no indemnification shall be made in respect of any claim, issue or matter as to which such person
shall have been adjudged to be liable for negligence or misconduct in the performance of a duty to
the Association unless and only to the extent that the Court in which such action was brought shall
determine upon application that in view of all the circumstances of the case that person is fairly
and reasonably entitled to indemnity for such expenses as the Court shall deem proper.
(2)
Unless ordered by a Court, the determination of indemnification, pursuant to the
foregoing criteria, shall be made (a) by a majority vote of a quorum of Trustees of the Association
who were not and are not parties to or threatened with any such action, suit or proceeding, or (b) is
such a quorum is not obtainable, or if a majority of the quorum of disinterested Trustees so direct,
in a written opinion by independent legal counsel other than an attorney, or a firm having
associated with it an attorney, who has been retained by or who has performed services for the
Association or any person to be indemnified within the past five years, or (c) by the owners, or (d)
by the Court in which such action, suit or proceeding was brought.
(3)
Any such indemnification shall not be deemed exclusive of any other rights to
which such person may be entitled under law, any agreement, or any insurance purchased by the
Association, or by vote of the owners, or otherwise.
ARTICLE VIII
DURATION
The Association may be dissolved only with the same consents as are required to terminate
the regime, as provided in the Declaration.
ARTICLE IX
DEFINITIONS
All terms used herein shall have the same meanings as set forth in the Declaration.
ARTICLE X
AMENDMENTS
The Articles may be amended only under the same terms and conditions, and with the same
approvals, as are provided in the Declaration for its amendment.
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CODE OF REGULATIONS
FOR
PROVIDENCE MANOR
HOME OWNERS ASSOCIATION
ARTICLE I GENERAL
SECTION 1. Name and Nature of the Association. The name of the Association shall be
Providence Manor Home Owners Association, and shall be an Ohio non-profit corporation as
defined under Articles of Incorporation filed on 12 August 1987 with the Ohio Secretary of State.
SECTION 2. Membership. Membership to the Association is as defined in Article III of
the Declaration of Covenants. Each owner upon acquisition of title to a Lot shall automatically
become a Class A member of the Association. Such Membership shall terminate upon the sale or
other disposition by such Member of his or her Lot ownership, at which time the new Owner of
such Lot shall automatically become a Member of the Association. Class A Members are
obligated for the payment of the annual assessment and special assessments that may be levied by
the Association under the rules defined in the Declaration of Covenants.
SECTION 3. Definitions. The terms used in this Code of Regulations shall have the same
meaning as set forth in the Declaration of Covenants.
SECTION 4. Boundaries. The formal boundaries of the Association are as defined in the
Declaration of Covenants and amendments thereto. These boundaries consist of residential
property and common area bounded on the:
North by Hamilton Mason Road
East by the Knottingwood Development
South by Providence Manor II, the Horton Development
West by State Route 747, Princeton Pike
These boundaries may be updated as residential property and common area are
incorporated into the Association. To become a part of the Association, new development
properties may be annexed by the developer (Declarant) without the consent of the Association.
However, annexation of additional existing residential properties requires approval by vote of the
Association in accordance with Article 7.5 of the Covenants. These annexed existing residences or
new properties must agree to requirements, covenants, and conditions, and will also be subject to
annual assessments and special assessments as applicable.
SECTION 5. Record Retention. All records shall be maintained and made available for
inspection at the defined offices. If because of an address change or a change in status of the
Declarant, a new location for the Association records shall be established and all members of the
Association shall be notified. A private residence of an assigned Association member or trustee is
also acceptable for record retention.
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The principal office of the Association for the retention of records is currently located at:
David J. Clinton & Co., Inc.
Sheri Weber, Administrative Secretary
3045 Symmes Rd, Unit G
Hamilton, OH 45015
(513) 860-5687
ARTICLE II MEETINGS
OF MEMBERS
SECTION 1. Place of Meetings. Meetings of the Association shall be held at a suitable
place convenient to the Members as may be designated by the Board of Trustees either in Union
Township, Ohio or as convenient thereto as possible and practical.
SECTION 2. Annual Meetings. A minimum of two General Membership meetings shall
be held each year, these meetings being at an interval of approximately six months. One of the
meetings will be held within thirty days (plus or minus) of the beginning of the Association's fiscal
year (1 January). The second meeting will be held within thirty days (plus or minus) of the
mid-year point (1 July). Specific dates, locations and times shall be set by the Board of Trustees
and publicized to all Members.
A primary topic at the beginning of the fiscal year will be a review of the past and
future year's fiscal status. The mid-year meeting shall include the election of the Association's
Board of Trustees.
SECTION 3. Special Meetings. The President may call special meetings. In addition, it
shall be the duty of the President to call a special meetings of the Association if so directed by
resolution of a majority of a quorum of the Board of Trustees or a written petition signed by at least
twenty five (25%) percent of the total votes of each class of members of the Association. The
notice of any special meetings shall state the date, time and place of such meeting and the purpose
thereof.
SECTION 4. Notice of Meetings. It shall be the duty of the Secretary to mail or cause to
be delivered to the Owner of record of each Lot a notice of each semi- annual or special meeting of
the Association stating the purpose of the meeting, as well as the time and place where it is to be
held. If an Owner who is not a resident (e.g. a builder) wishes notice to be given at an address other
than his or her Lot, he or she shall designate such address by written notice to the Secretary. The
mailing or delivering of a notice of a meeting in the manner provided in this Section shall be
considered service of notice. If the meeting will require a vote of the Membership, a written notice
must be provided no less than thirty (30) days, nor more than sixty (60), before the meeting.
SECTION 5. Waiver of Notice. Should a meeting of the Members be called without
proper notice, attendance of the Membership at the meeting without protest being raised, prior to
or at the commencement of the meeting, shall be deemed to be a waiver of notice by the Member(s)
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of such meeting.
SECTION 6. Adjournment of Meetings. If any meetings of the Association cannot be
held because a quorum is not present, a majority of the Members who are present at such meeting,
either in person or by proxy, may adjourn the meeting to a time not less than five (5) nor more than
thirty (30) days from the time the original meeting was called. At such adjourned meeting at which
a quorum is present, any business which might have been transacted at the meeting originally
called may be transacted. If a time and place of the adjourned meeting are not fixed by those in
attendance at the original meeting, or if for any reason a new date is fixed for the adjourned
meeting after adjournment, notice of the time and place of the adjourned meeting shall be given to
Members in the manner prescribed for regular meetings.
Those present at a duly called or held meeting at which a quorum is present may
continue to do business until adjournment, not withstanding the withdrawal of enough Members to
leave less than a quorum, provided that any action taken shall be approved by at least a majority of
Members required to constitute a quorum.
SECTION 7. Voting Rights. Voting rights are as defined in Article III of the Declaration
of Covenants. Additionally, if only one of several Owners for a Lot is present at a meeting of the
Association, that Owner is entitled to cast the vote allocated to that Lot. If more than one of the
Owners is present, the vote allocated to that Lot may be cast only in accordance with the
agreement of a majority in interest of the Owners. There is majority agreement if any one of the
Owners casts a vote allocated to that Lot without protest being made promptly to the person
presiding over the meeting by any of the other Owners of the Lot. The Association may adopt rules
regarding deadlocks.
Unless expressly reserved and the Association is notified of such reservation, a
land contract vendee as defined in Chapter 5313 of the Revised Code, shall be deemed the proxy
of a land contract vendor for purposes of this section.
SECTION 8. Proxies. A vote allocated to a Lot may be cast pursuant to a proxy duly
executed by an Owner. If a Lot is owned by more than one person, each Owner of the Lot may vote
or register protest to the casting of votes by the Owners of a Lot through a duly executed proxy. An
Owner may revoke a proxy given pursuant to this section only by actual notice of revocation to the
person presiding over a meeting of the Association. A proxy is void if it is not dated and signed, or
purports to be revocable without notice. Except as hereinafter provided, a proxy shall terminate
one year after its date, unless it specifies a shorter time. If a first mortgagee has been designated a
proxy under the terms of a first mortgage covering the Lot, its presentation to the Board of a copy
of the mortgage shall be notice of the proxy designation, and if the mortgage so states, of the
irrevocability of that designation. Written notice to the Board or notice in a meeting of a
revocation of a proxy designation shall not affect any vote or act previously taken. Each proxy
shall automatically cease upon conveyance of the Lot.
SECTION 9. Majority of Owners. As used in this Code of Regulations, the term
majority shall mean those votes, Owners, Members totaling more than fifty (50%) percent of the
total number of record on the date on which the vote is taken or in the case of a petition, the date
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the petition is tendered to the Board
SECTION 10. Quorum. A quorum for votes involving the raising of dues or special
assessments is as defined in Article 4.5 of the Declaration of Covenants (60% of each class of
Members). For all other matters, the presence in person or by proxy of one-third (1/3) of the
Members of record shall constitute a quorum at meetings of the Association.
SECTION 11. Conduct of Meetings. The President shall preside over all meetings of the
Association, and the Secretary shall keep the minutes of the meeting and record all resolutions
adopted, and all transactions that occur.
SECTION 12. Action Without A Meeting. Except for the election of Board members,
any action which may be authorized or taken at a meeting of the Members, may be authorized or
taken without a meeting with the affirmative vote or approval, and in writing or writings signed by
not less than a majority of the Members. Any such writing shall be entered into the minutes of the
Association.
ARTICLE III BOARD OF
TRUSTEES
SECTION 1. Governing Body. Except as otherwise provided by law, the Articles of
Incorporation, the Declaration of Covenants or this Code of Regulations, all of the authority of the
Association shall be exercised by or under the direction of the Board of Trustees.
SECTION 2. Number and Qualification of Trustees. The Board of Trustees of the
Association shall consist of the Declarant (Developer) plus four additional elected Board members.
The elected Board shall consist, as a minimum, of a President, Vice President, Secretary, and
Treasurer. The Declarant shall have the right to retain his position as Trustee so long as he retains
Class B Membership status as defined in Article 3.2.2 of the Declaration of Covenants.
The Board may increase the number of members on the Board as the size of the
Association grows in order to maintain equitable representation on the Board. These additional
Board positions will be filled by election of the General Membership, and will be accomplished at
a regular meeting, or at a special meeting called by the Board.
To qualify as a member of the Board of Trustees, the individual must be a member
in good standing of the Association and a resident of Providence Manor.
SECTION 3. Assistants to the Board. The Board may elect non-voting assistants and
committees to assist in the administration of the Association. Such assistants shall have the
authority and perform the duties prescribed from time to time by the Board.
The Board may hire (within the budget constraints of the Associations resources)
additional professional assistance (accounting, tax specialists, insurance planners, legal counsel,
etc.) and clerical administrative staff as justified to accomplish Association administration.
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SECTION 4. Powers and Duties. The officers of the Association shall each have such
powers and duties as generally pertain to their respective offices, as well as such powers and duties
as may from time to time be specifically conferred or imposed by the Board. The Board of
Trustees shall have control and management of the assets of the Association and shall not commit
the Association in excess of the funds on hand or reasonably anticipated to be collected through
dues receivable.
A. President. The President shall be the chief executive officer of the Association and
shall preside at meetings of the Association and of the Board of Directors. He shall be a member ex
officio of all Association committees. He shall communicate to the Association such matters and
make suggestions as may in his opinion tend to promote the welfare and increase the usefulness of
the Association, and shall perform such other duties as are necessarily incident to the office.
B. Vice President. The Vice President shall perform all duties of the President during
the absence of the President. He shall perform the duties of the Chairman of the Nominating
Committee and shall be an ex officio member of all Association committees.
C. Treasurer. The Treasurer shall have the primary responsibility for the finances of
the Association. He shall oversee the accounting of all monies received and expended for the use
of the Association, and shall make disbursements authorized by the Board of Trustees. All sums
received by the Association shall be deposited in the bank(s) approved by the Board of Trustees
and the Treasurer shall make a report of the financial status of the Association in the format and
interval as directed by the President. Funds may be drawn only on the signature of the Treasurer or
his officially designated representative and must be countersigned by another member of the
Board of Trustees. All disbursements in excess of fifty dollars ($50.00) require authorization of
the Board of Trustees.
The funds, books and vouchers under his authority, with exception of confidential
reports submitted by the Members, shall at all times be subject to verification and inspection by the
Board of Trustees. At the expiration of his term of office, the Treasurer shall deliver to his
successor all books, monies, records and other property of the Association.
D. Secretary. The Secretary shall direct the administrative activities of the
Association and perform such other duties as may be defined by the Board of Trustees. He shall be
responsible for the maintenance and publication of the minutes of all meetings of the Board and
the General Membership. He shall be responsible for providing notification of meetings to the
membership. He shall be responsible for the oversight of maintenance of the list of Members of the
Association and will conduct correspondence to execute all orders, votes and resolutions of the
Board of Trustees. In conjunction with the Treasurer, he shall keep records as to any agents
retained by the Association and will take charge of and supervise the performance of their duties.
SECTION 5. Nomination of Trustees. Nominations for election of the Board of Trustees
shall be made by a Nominating Committee. The Nominating Committee shall consist of a
Chairman, (the Vice President of the Board) and two (2) or more Members of the Association. The
Nominating Committee shall be activated by Vice President (Chairman) a minimum of 60 days
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prior to the date of the elections.
The Nominating Committee shall make as many nominations for election to the
Board as it shall in its discretion determine but in no event less than the number of vacancies or
terms to be filled. Nominations shall be permitted from the floor. All candidates shall have a
reasonable opportunity to communicate their qualifications to the Members and to solicit votes.
The Board or any committee appointed by the Board shall solicit nominations.
SECTION 6. Election of Trustees. The Trustees shall be elected at the mid-year meeting
of the General Membership of the Association or at a special meeting called for the purpose of
electing Trustees. At a meeting of Members of the Association at which Trustees are to be elected,
only persons nominated as candidates, either by the Nominating Committee or from the floor,
shall be eligible for election as Trustees and the candidates receiving the greatest number of votes
shall be elected. Voting will be completed at the designated meeting, provided an appropriate
quorum as defined in Article II, Section 10, above is present in person or by proxy. Proxy votes
must be properly executed, dated, and signed and must be received no later than the adjournment
of the meeting at which the voting is conducted. The Board may adopt rules regarding nominations
and procedures for elections. Election to the Board shall be by secret written ballot and at such
elections, the Members or their proxies may cast, in respect to each vacancy, such voting power as
they are entitled to exercise under the provisions of the Declaration of Covenants.
SECTION 7. Terms of Office; Resignations. Each Trustee shall hold office for a term of
one (1) year and until their successor is elected, or until their earlier resignation, removal from
office, or death. There is no limit to the number of consecutive terms that a Trustee can serve
provided he meets the qualifications of Article Ill, Section 2, above.
Any Trustee may resign at any time by oral statement to that effect made at a
meeting of the Board of Trustees or in writing to that effect delivered to the Secretary of the
Association. Such resignation to take effect immediately or at such other time as the Trustee may
specify. In the event of death or resignation of a Trustee, his or her successor shall be selected by a
majority of the remaining members of the Board and shall serve for the unexpired term of the
predecessor.
SECTION 8. Compensation. Members of the Board of Trustees shall serve without
compensation, except that they may be reimbursed for actual expenses incurred on behalf of the
Association.
SECTION 9. Removal of Trustees. At any regular or special meeting of the Association
duly called, any one or more of the members of the Board of Trustees may be removed, with or
without cause, by a majority vote of the Owners, and a successor may then and there be elected to
fill the vacancy thus created. A Trustee whose removal has been proposed shall be given at least
ten (10) days notice of the calling of the meeting and purposes thereof and shall be given an
opportunity to be heard at the meeting. Additionally, any Trustee who has three (3) unexcused
absences from Board meetings or who is delinquent in payment of an Assessment for more then
thirty (30) days may be removed by a majority vote of the Trustees at meeting, a quorum being
present.
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SECTION 10. Organization Meetings. The first meeting of the members of the Board of
Trustees following each annual meeting of the Members shall be held within thirty (30) days
thereafter at such time and place as shall be fixed by the Board.
SECTION 11. Regular Meetings. Regular meetings of the Board of Trustees may be held
at such time and place as shall be determined from time to time by a majority of the Trustees, but at
least four (4) such meetings shall be held during each fiscal year with at least one (1) per quarter.
SECTION 12. Special Meetings. Special meetings of the Board of Trustees shall be held
when called by written or verbal notice by the President or Secretary of the Association, or by any
two (2) Trustees. The notice shall specify the time and place of the meeting and the nature of any
special business to be considered.
SECTION 13. Notice of Meetings; Waiver. Notice of the time and place of each meeting
of the Trustees, whether regular or special, shall be given to each Trustee by one of the following
methods; (a) personal delivery; (b) written notice by first class mail, postage prepaid; (c) by
telephone communication, either directly to the Trustee or to a person at the Trustee's home or
place of business who would reasonably be excepted to communicate such notice promptly to the
Trustee; or (d) by telegram or cablegram, charges prepaid. All such notices shall be given or sent
to the Trustee's address or telephone number as shown on the records of the Association. Notice
sent by first class mail shall be deposited into a United States mailbox, at least four (4) days before
the time set for the meeting. Notices given by personal delivery, telephone, telegraph or cablegram
company shall be given at least seventy-two (72) hours before the time set for the meeting.
Should a meeting of the Board of Trustees be called without proper notice,
attendance of the Trustee(s) at the meeting without protest being raised, prior to or at the
commencement of the meeting, shall be deemed to be a waiver of notice by the Trustee(s) of such
meeting.
SECTION 14. Quorum of the Board of Trustees. At all meetings of the Board of
Trustees, a majority of the Trustees shall constitute a quorum for the transaction of business, and
the votes of a majority of the Trustees present at a meeting at which a quorum is present shall
constitute the decision of the Board. A meeting at which a quorum is initially present may continue
to transact business, notwithstanding the withdrawal of the Trustees, if any action taken is
approved by at least a majority of the required quorum for that meeting. Notice of adjournment of
a meeting need not be given if the time and place to which it is adjourned are fixed and announced
at such meeting. At such adjourned meeting at which a quorum is present, any business which
might have been transacted at the meeting originally called may be transacted.
SECTION 15. Conduct of Meeting. The President shall preside over all meetings of the
Board of Trustees, and the Secretary shall keep the minutes of the meeting and record all
resolutions adopted, as well as a record of all transactions occurring.
SECTION 16. Open Meetings. All meetings of the Board of Trustees shall be open to any
Members of the Association, but Members other than the Trustees may not participate in any
15
discussion or deliberation unless expressly so authorized by a majority of a quorum of the Board.
SECTION 17. Executive Session. The Board may, with approval of a majority of a
quorum, adjourn a meeting and reconvene in executive session to discuss and vote upon personnel
matters, litigations in which the Association is or may become involved, or orders of business of
similar nature. The nature of any and all business to be considered in executive session shall first
be announced in open session.
SECTION 18. Action Without A Meeting. Any action which may be authorized or taken
at a meeting of the Board of Trustees may be authorized or taken without a meeting with the
affirmative vote or approval, and in writing or writings signed by all the Trustees. Any such
writing shall be entered into the minutes of the Association.
ARTICLE IV
COMMITTEES
SECTION 1. General. Except as hereinafter provided in Section 2, committees to
perform such tasks and to serve for such periods as may be designated by a resolution adopted by
a majority of the Trustees present at a meeting at which a quorum is present are hereby authorized.
Such committees shall perform such duties and have such powers as may be provided in the
resolution. Each committee be composed as required by law and operate in accordance with the
terms of the resolution of the Board designating such committee or with rules adopted by the
Board and to the full extent permitted by law.
ARTICLE V DETERMINATION AND
PAYMENT OF ASSESSMENTS
SECTION 1. Adoption of Budget. It shall be the duty of the Board to prepare and adopt a
budget covering the estimated Common Expenses of the Association for the coming fiscal year.
The budget shall also include a capital contribution or reserve in the budget which shall take into
account the number and nature of replaceable assets, the expected life of each asset and the
expected repair or replacement cost. The Board shall set the required capital contribution, if any, in
an amount sufficient to permit meeting the projected capital needs of the Association, as shown in
the capital reserve, with respect to both amount and timing by annual assessments over the period
of the budget. The Board of Trustees shall not commit the Association to expenditures in excess of
the funds on hand or reasonably anticipated to be collected through dues receivable. After
adoption of the budget, the Board shall cause the summary of the budget and the Assessments to
be levied against each Lot for the following year to be delivered to each Owner. Such summary
shall be delivered within thirty (30) days of the start of the fiscal year. The budget and
Assessments shall take effect on the first day of the fiscal year. The fiscal year of the Association
shall coincide with the calendar year.
SECTION 2. Failure to Adopt Budget. The failure or delay of the Board to adopt a
budget as provided herein shall not constitute a waiver or release of the obligation of an Owner to
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pay the Assessments. In such event, the Assessments based upon the budget last adopted shall
continue until such time as the Board adopts a new budget.
SECTION 3. Computations of Assessments. The Assessments for Common Expense
Liability for each Lot shall be determined in accordance with the operating budget and the capital
reserve as they apply to the various Lots. Unless otherwise determined by a vote of the quorum of
the Association, all Assessments shall be charged on an annual basis. As provided in Article 4.3.1
of the Declaration of Covenants, the Board of Trustees may increase the maximum annual
Assessments by 10% above that of the previous year without a vote of the Membership.
SECTION 4. Payment, Delinquency and Acceleration. Unless otherwise determined by
the Board, all Assessments shall be payable annually. At the discretion of the Board, in accordance
with Article 4.6 of the Declaration of Covenants, the Board may make provisions for the
assessments to be paid at monthly, quarterly, or semi-annual intervals. Any installment of an
Assessment shall become delinquent if not paid on the due date as established by the Board. With
respect to each installment of an Assessment not paid within thirty (30) days after its due date the
Board may, at its election, require the Owner to pay a reasonable late charge, together with interest
at the rate of 18% per annum calculated from the date of delinquency to and including the date full
payment is received by the Association. If any installment of any Assessment is not paid within
forty five (45) days after its due date, the Board may, at its election, declare all of the unpaid
balance of the Assessment for the then current fiscal year, attributable to that Lot, to be
immediately due and payable without further demand and may enforce collection of the full
Assessment and all charges thereon in any manner authorized by Law, the Declaration and this
Code of Regulations.
SECTION 6. Remedies for Default. If an Owner is in default of payment of any
Assessment, the Board may authorize collection through any lawful means, including foreclosure
of the lien. Interest and all costs of such collection, including but not limited to court costs, lien
fees, attorney fees shall be included in the amount due from the Owner and may be collected. The
Board, acting for the Association, may bid its interest at any foreclosure sale and acquire, hold,
lease, mortgage and/or convey any Lot.
ARTICLE VII
MISCELLANEOUS
SECTION 1. Parliamentary Rules. Except as may be modified by Board resolution
establishing modified procedures, Robert's Rules of Order (current edition) shall govern the
conduct of Association proceedings when not in conflict with Ohio law, the Articles of
Incorporation, the Declaration, or this Code of Regulations.
SECTION 2. Conflicts. If there are conflicts or inconsistencies between the provisions of
Ohio law, the Articles of Incorporation, the Declaration, and this Code of Regulations, the
provisions of Ohio law, the Declaration, the Articles of Incorporation, and this Code of
Regulations (in that order) shall prevail.
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SECTION 3. Books and Records.
a. Inspection by Members. The membership list, account books and minutes of
the Association, the Board and any committee shall be made available for inspection by any
Member or by his or her duly appointed representative at any reasonable time and for a purpose
reasonable related to his or her interest as a Member at the office of the Association or at such
other place within Union Township, Ohio, as the Board shall prescribe.
Inspection of books and records is available by making an appointment for a
mutually agreed upon time. Copies of desired records can be obtained with a written request for
the specific copies and reasonable payment to cover the cost of copying. Allow three (3) working
days to reproduce copies.
b. Inspection by Trustees. Every Trustee shall have the absolute right at any
reasonable time to inspect all books, records, and documents of the Association and the physical
properties owned or controlled by the Association. The right of inspection by a Trustee includes
the right to make extracts and copies of documents at the expense of the Association.
SECTION 5. Notices. Unless otherwise provided in this Code of Regulations, all notices,
demands, bills, statements, or other communications under this Code of Regulations shall be in
writing and shall be deemed to have been duly given if delivered personally or if sent by first class
mail, postage prepaid:
a. if to a Member, at the address which the Member has designated in writing and
filed with the Secretary or, if not such address has been designated, at the address of the residence
of such Owner; or
b. if to the Association, the Board of Trustees, or the Managing Agent, at the
principal office of the Association or the Managing Agent, if any, or at such other address as shall
be designated by the Board with written notice to the Owners.
SECTION 6. Amendment. Except as otherwise provided by law or the Declaration, this
Code of Regulations may be amended by the Board of Trustees, or by a seconded motion approved
by a majority of the Owners.
SECTION 7. Audit. An audit of the accounts of the Association shall be made annually in
the manner as the Board of Trustees may decide, provided, however, after having received the
Board's audit at the annual meeting, the Owners, by majority vote, may require the accounts of the
Association to be audited as a Common Expense by a public accountant.
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND
RESERVATION OF EASEMENTS
FOR
PROVIDENCE MANOR HOME OWNERS ASSOCIATION
THIS DECLARATION, made on the date hereinafter set forth by David J. Clinton,
Trustee, hereinafter referred to as "Declarant ".
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in the Township of Union, County
of Butler, State of Ohio, which is more particularly described in Exhibit "A" attached.
NOW THEREFORE, Declarant hereby declares that all of the properties described above
shall be held, sold and conveyed subject to the following easements, restrictions, covenants and
conditions which are for the purpose of protecting the value and desirability of, and which shall
run with, the real property and be binding on all parties having any right, title or interest in the
described properties or any part thereof, their heirs, successors and assigns and shall inure to the
benefit of each owner thereof.
ARTICLE I
DEFINITIONS
1.1 "Association" shall mean and refer to Providence Manor Home Owners Association,
Inc., its successors and assigns.
1.2 "Owner" shall mean and refer to the record owner, whether one or more persons or
entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers,
but excluding those having such interest merely as security for the performance of an obligation.
1.3 "Properties" shall mean and refer to that certain real property hereinbefore described
and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
1.4 "Common Area" shall mean all real property (including the improvements thereto)
owned by the Association in fee or by easement for the common use and enjoyment of the owners.
1.5 "Lot" shall mean and refer to any plot of land upon any recorded subdivision map of the
Properties with the exception of the Common Area.
1.6 “Declarant" shall mean and refer to David J. Clinton, Trustee, his successors and
assigns if such successors or assigns should acquire more than one undeveloped Lot from the
Declarant for the purpose of development.
ARTICLE II PROPERTY
RIGHTS
2.1 Owners’ Easements of Enjoyment. Every Owner shall have a right and easement of
enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to
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every Lot, subject to the following provisions:
2.1.1 the right of the Association to charge reasonable admission and other fees for
the use of any recreational facility situated upon the Common Area;
2.1.2 the right of the Association to suspend the voting rights and right to use of the
recreational facilities by an owner for any period during which any assessment
against his Lot remains unpaid; and for a period not to exceed sixty (60) days for
any infraction of its published rules and regulations;
2.1.3 the right of the Association to dedicate or transfer all or any part of the
Common Area to any public agency, authority or utility for such purposes and
subject to such conditions as may be agreed to by the members. No such dedication
or transfer shall be effective unless an instrument agreeing to such dedication or
transfer signed by 2/3rds of each class of members has been recorded.
2.2 Delegation of Use. Any owner may delegate, in accordance with the By-Laws, his right
of enjoyment to the Common Area and Facilities to the members of his family, his tenants or
contract purchasers who reside on the property.
ARTICLE III MEMBERSHIP
AND VOTING RIGHTS
3.1 Every Owner of a Lot which is subject to assessment shall be a member of the
Association. Membership shall be appurtenant to and may not be separated from ownership of any
Lot which is subject to assessment.
3.2 The Association shall have two classes of voting membership:
3.2.1 Class A Members shall be all Owners, with the exception of the Declarant,
and shall be entitled to one vote for each Lot owner. When more than one person
holds an interest in any Lot, all such persons shall be members. The vote for such
Lot shall be exercised as they determine, but in no event shall more than one vote
be cast with respect to any Lot.
3.2.2 Class B Member(s) shall be the Declarant and shall be entitled to three (3)
votes for each Lot owned. The Class B membership shall cease and be converted to
Class A membership on the happening of either of the following events, whichever
occurs earlier:
3.2.2.1 when the total votes outstanding in the Class A membership equal
the total votes outstanding in the Class B membership, or
3.2.2.2 on January 1, 1993
ARTICLE IV COVENANT FOR
MAINTENANCE ASSESSMENT
4.1 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each
Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a
deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and
agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for
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capital improvements, such assessments to be established and collected as hereinafter provided.
The annual and special assessments, together with interest, costs and reasonable attorney's fees,
shall be a charge on the land and shall be a continuing lien upon the property against which each
such assessment is made. Each such assessment, together with interest, costs and reasonable
attorney's fees, shall also be the personal obligation of the person who was the Owner of such
property at the time when the assessment fell due. The personal obligation for delinquent
assessments shall not pass to his successors in title unless expressly assumed by them.
4.2 Purpose of Assessments. The assessments levied by the Association shall be used
exclusively to promote the recreation, health, safety and welfare of the residents in the Properties
and for the improvement and maintenance of the Common Area.
4.3 Maximum Annual Assessment. Until January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment shall be Seventy-five
($75.00) Dollars per Lot.
4.3.1 From and after January 1 of the year immediately following the conveyance
of the first Lot to an Owner, the maximum annual assessment may be increased
each year not more than 10% above the maximum assessment for the previous year
without a vote of the membership.
4.3.2 From and after January 1 of the year following the conveyance of the first Lot
to an Owner, the maximum annual assessment may be increased above 10% by a
vote of two-thirds (2/3) of each class of members who are voting in person or by
proxy, at a meeting duly called for this purpose.
4.3.3 The Board of Directors may fix the annual assessment at an amount not in
excess of the maximum.
4.4 Special Assessments for Capitol Improvements. In addition to the annual assessments
authorized above, the Association may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, repair or replacement of a capital improvement upon the Common
Area, including fixtures and personal property related thereto, provided that any such assessment
shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in
person or by proxy at a meeting duly called for this purpose.
4.5 Notice and Quorum for Any Action Authorized Under Sections, 4.3 and 4.4. Written
notice of any meeting called for the purpose of taking any action authorized under Section 4.3 or
4.4 shall be sent to all members not less than 30 days nor more than sixty (60) days in advance of
the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast
sixty (60%) percent of all the votes of each class of membership shall constitute a quorum. If the
required quorum is not present, another meeting may be called subject to the same notice
requirements, and the required quorum at the subsequent meeting shall be one-half (i) of the
required quorum at the preceding meeting. No such subsequent meeting shall be held more than
sixty (60) days following the preceding meeting.
4.6 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a
uniform rate for all Lots and may be collected on a monthly basis.
4.7 Date of Commencement of Annual Assessments: Due Dates. The annual assessments
provided for herein shall commence as to all Lots on the first day of the month following the
conveyance of the Common Area. The first annual assessment shall be adjusted according to the
number of months remaining in the calendar year. The Board of Directors shall fix the amount of
the annual assessment against each Lot at least thirty (30) days in advance of each annual
21
assessment period. Written notice of the annual assessment shall be sent to every Owner subject
thereto. The due dates shall be established by the Board of Directors. The Association shall, upon
demand, and for a reasonable charge, furnish a certificate signed by an officer of the association
setting forth whether the assessments on a specified Lot have been paid. A property executed
certificate of the Association as to the status of assessments on a lot is binding upon the
Association as of the date of its issuance. See ANNEXATION AMENDMENT in Exhibit “A.”
4.8 Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment
not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of
18 percent per annum. The Association may bring an action at law against the Owner personally
obligated to pay the same, or foreclose the lien against the property. No owner may waive or
otherwise escape liability for the assessments provided for herein by non-use of the Common Area
or abandonment of his Lot.
4.9 Subordination of the Lien to Mortgages. The lien of the assessments provided for
herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not
affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage
foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to
payments which became due prior to such sale or transfer. No sale or transfer shall relieve such
Lot from liability for any assessments thereafter becoming due or from the liens thereof.
ARTICLE V ARCHITECTURAL
CONTROL
5.1 Approval Required. No building, fence, wall or other structure shall be commenced,
erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration
therein be made until the plans and specifications showing the nature, kind, shape, height,
materials and location of the same shall have been submitted to and approved in writing by the
appropriate entity. Review of new construction shall be by the Declarant and all other review shall
be by the Board of Trustees of the Association or by an architectural committee composed of three
(3) members appointed by the Board. Such plans and specifications shall be reviewed as to
harmony of external design and location in relation to surrounding structures and topography in
accordance with the requirements hereinafter set forth. In the event that the Declarant, the Board,
or its designated committee, fails to approve or disapprove said plans and specifications within
thirty (30) days after submission, approval will not be required and this Article shall be deemed
fully complied with.
5.2 The following requirements shall be applicable to the Property:
5.2.1 General Conditions: Each Lot shall be used only for residential purposes. No
building shall be erected, altered, placed or be permitted to remain on any Lot other
than one detached single family dwelling with a private garage for not more than
three cars which is to be attached to the principal dwelling, excepting outbuildings
as hereafter designed.
5.2.2 Dwelling Floor Areas: The floor area of the main dwelling exclusive of
porches, decks, basements and garage shall be no less than 2000 square feet for a
ranch type dwelling, 2250 square feet for a two story dwelling and 2250 square feet
for a tri-level or quad level dwelling. Contemporary designs having a lesser floor
area than the above stated, however, may be approved if said design shall have a
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volume comparable to the above stated. See ANNEXATION AMENDMENT in
Exhibit “A.”
5.2.3 Siding Materials: Aluminum and vinyl shall not be used as siding materials.
All sheeting materials used as siding shall require the written consent. Cedar or
redwood siding that is to be exposed for natural weather must be treated with a
bleaching stain.
5.2.4 House Placement and Yard Grading: Houses shall conform to existing grade
and drainage patterns. Existing grades at lot lines shall not be altered more than 3
feet without the written consent. Each Lot Owner and/or builder shall endeavor to
retain as much of the natural woods as is practical.
5.2.5 Color Schemes: Initial color schemes and any changes shall be in accordance
with guidelines promulgated by Declarant and the Association.
5.2.6 Underground Houses and Log Houses: Underground and log structures are
prohibited.
5.2.7 Driveways: Gravel or dirt driveways are prohibited.
5.2.8 Water Discharge: The discharge of downspouts and sump drains into the
street curb or sanitary sewer is prohibited. Storm water must be disposed of in
accordance with drainage plans on file with the Butler County Engineer.
5.2.9 Radio and Television Antennas: All radio and television and other antennas
shall be enclosed within the residence located on the Lot. See THIRD
AMENDMENT for additional information.
5.2.10 Air Conditioning and Heat Pump Equipment: Such equipment shall be
located only in side yards, except for corner yards, and shall be screened from
view.
5.2.11 Awnings: No metal or plastic awnings for windows, doors or patios may be
erected or used. Canvas awnings may be used on any Lot subject to prior written
approval.
5.2.12 Exterior Carpeting: No exterior carpeting shall be allowed if it is visible
from the street or any neighboring Lot.
5.2.13 Foundations: Any concrete or block foundation that is exposed more than
one foot shall be covered with brick, wood, stone or stucco.
5.2.14 Gutters: All gutters shall match the color of the adjacent fascia board.
5.2.15 Mailboxes: Mailbox design and location must be approved in advance by
the Declarant.
5.2.16 Lighting Exterior: No exterior lighting may be installed without the
approval. Exterior lighting that projects upward more than two feet above ground
level may be installed in corner or side yards.
Christmas lights may be erected no sooner than four weeks prior to and
removed no later than four weeks after Christmas.
Mercury vapor yard lights in excess of 50 watts are prohibited.
Each residence shall have a post light located within 8 feet of the driveway
and within 20 feet of the street right of way. The post light shall be of the design
approved by the Declarant and shall be controlled by a photo electric cell or other
device which will activate the light not more than one hour after sun down and
deactivate the light not more than one hour before sunrise.
5.2.17 Completion: Construction of a residential building on any tract shall be
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completed within one year from the date construction is started.
5.2.18 Basketball Hoops. See ANNEXATION AMENDMENT in Exhibit “A.”
ARTICLE VI USE RESTRICTIONS
AND MAINTENANCE
6.1 Restrictions. The Property shall be subject to the following restrictions:
6.1.1 Purpose of Property. The Property shall be used only for residential purposes
and common recreational purposes auxiliary thereto.
6.1.2 Nuisance. No obnoxious or offensive activity of any kind shall be engaged in
on any Lot nor shall any Owner or occupant thereof engage in any activities that
interfere with the quiet enjoyment, comfort and health of the occupants of adjacent
neighboring Lots.
6.1.3 Animals and Pets. No animals, livestock or poultry of any kind shall be raised,
bred or kept on any Lot, except that dogs, cats or other household pets may be kept,
provided that they are not kept, bred or maintained for any commercial purpose.
Exterior compounds, cages or kennels for the keeping of household pets or hunting
dogs are prohibited.
6.1.4 Signage. No sign of any kind shall be displayed to the public view on any Lot
except (a) one professional sign of not more than two square feet; (b) one sign of
not more than two square feet advertising the property for sale; (c) and signs used
by the builder to advertise the property during the construction or sale period.
6.1.5 Temporary Structures. No temporary building, mobile home, trailer, tent or
storage shed, placed upon a Lot shall be used at any time as a residence,
temporarily, or permanently before, during or after construction.
6.1.6 Maintenance. Each and every Lot and house thereon shall be maintained by
the Owner thereof in a reasonable manner in accordance with the general standards
of maintenance prevailing through out the Property. All Lots shall be kept free of
debris and clutter and shall be kept mowed.
6.1.7 Fencing, Storage Sheds, Pools. No fences or other Lot dividers, swing sets,
clothes hanging fixtures or swimming pools may be erected or installed by any Lot
owner unless such owner has first obtained the written approval. The Declarant and
Association shall promulgate guidelines for fence styles which may deny or restrict
installation on specific Lots.
Above ground pools are prohibited.
Installation of permanent recreational equipment such as basketball boards
and swing sets shall be limited to rear yards only. See SECOND AMENDMENT
for additional information.
6.1.8 Automobiles, Recreational Vehicles, Boats, Travel Trailers. No recreational
vehicle, boat, travel trailer or truck shall be parked or stored on any Lot unless the
same is in an enclosure or garage and completely out of view. See
ANNEXATION AMENDMENT in Exhibit “A.”
No vehicle in inoperable condition shall be stored on any Lot for a period in
excess of ten days.
6.1.9 Garage and Yard Sales. There shall be no more than two garage or yard sales
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held by the Owner or residents of any Lot during a one year period.
6.2 Maintenance. The Properties shall be maintained as follows:
6.2.1 Lots. Each Owner shall maintain his or her Lot in accordance with the
prevailing custom in the Properties.
6.2.2 Common Driveways. The common portion of any driveways which serve
more than one Lot shall be maintained on an equal basis by all of the Owners of the
Lots benefited thereby. See FIRST AMENDMENT for additional information.
6.2.3 Common Areas and Retention Pond. The Common Areas and the Retention
Pond shall be maintained by the Association.
ARTICLE VII GENERAL
PROVISIONS
7.1 Enforcement. The Declarant, the Association, or any Owner, shall have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the
Declarant, the Association or by any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
7.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or
court order shall in no wise affect any other provisions which shall remain in full force and effect.
7.3 Amendment. The covenants and restrictions of this Declaration shall run with the and
bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after
which time they shall be automatically extended for successive periods of ten (10) years. This
Declaration may be amended during the first twenty (20) year period by an instrument signed by
not less than ninety (90%) percent of the Lot Owners, and thereafter by an instrument signed by
not less than seventy-five (75%) percent of the Lot Owners. Any amendment must be recorded.
See THIRD AMENDMENT for additional information.
7.4 Right to Amend Documents. Notwithstanding anything above to the contrary, this
Declaration may be amended at any time without the vote of Owners by a written instrument
executed by the Declarant for the purpose of eliminating or correcting any typographical or other
inadvertent error herein; eliminating or resolving any ambiguity herein; making nominal changes;
clarifying Declarant's original intent; making any change necessary or desirable to meet the
requirements of any institutional lender, the Veteran's Administration, the Federal Housing
Administration, the Federal National Mortgage Association, the Federal Home Loan Mortgage
Corporation, or any other agency which may insure or purchase loans on a Lot; provided, however,
that no such amendment shall materially affect any Owner's interest in the Association or the
Common Elements. Each Owner and his mortgagees, by acceptance of a deed to a Lot or a
mortgage encumbering such Lot, shall be deemed to have consented to and approved of the
provisions of this paragraph and the amendment of this Declaration by Declarant as provided in
the immediately preceding sentence. All such Owners and their mortgagees, upon request of
Declarant, shall execute and deliver from time to time all such instruments and perform all such
acts as may be deemed by a Declarant to be necessary or proper to effectuate the provisions of this
paragraph.
7.5 Annexation. The Declarant may, without the consent of the Owners, annex additional
properties to the terms of this Declaration. Other residential properties and Common Area may be
25
annexed to the Properties by the Association by a vote of two-thirds of each class of membership.
Such annexation shall be accomplished by the filing of a supplemental declaration with the
Recorder of Butler County, Ohio. Any declaration by the Association shall be signed by President
who shall certify that the requisite vote was obtained. The members need not sign such
declaration.
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FIRST AMENDMENT
TO THE DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTION AND RESERVATION OF EASEMENTS
FOR PROVIDENCE MANOR HOME OWNER ASSOCIATION
David J. Clinton, Trustee, pursuant to Article VII, Section 7.4 of the Declaration of
Covenants, Conditions, Restrictions and Reservation of Easements for Providence Manor Home
Owner Association, dated August 29, 1986, filed for record August 29, 1986 and recorded in
Volume 1571, page 321 of the Deed Records of Butler County, Ohio, for the purpose of clarifying
his original intent and making changes necessary and desirable to meet the requirements of
institutional lenders and agencies which may insure or purchase loans on Lots, hereby amends
Article VI, Section 6.2.2 to read as follows:
6.2.2 Maintenance of Common Driveways. The common portion of driveways for Lots 21
through 26 and Lots 39 through 44 constructed on the driveway easements as shown on the
recorded plat shall be maintained by the Owners of said Lots. The costs for such
maintenance for each driveway shall be borne by the Owners of the Lots contiguous to said
driveways in accordance with the following percentages: Lots 21 through 26 shall pay
20% each; and Lots 39 through 44 shall pay 30% each.
27
SECOND AMENDMENT
TO THE DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTION AND RESERVATION OF EASEMENTS
FOR PROVIDENCE MANOR HOME OWNER ASSOCIATION
David J. Clinton, Trustee, pursuant to Article VII, Section 7.4 of the Declaration of
Covenants, Conditions, Restrictions and Reservation of Easements for Providence Manor Home
Owner Association, dated August 29, 1986, filed for record August 29, 1986 and recorded in
Volume 1571, page 321 of the Deed Records of Butler County, Ohio, for the purpose of clarifying
his original intent, hereby amends Article VI, Section 6.1.7 by the addition of the following
language:
" Rear yard as it pertains to basketball goals shall mean a minimum distance of fifteen (15)
feet behind all building lines applicable to a Lot."
28
THIRD AMENDMENT
TO THE DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS, AND RESERVATIONS OF EASEMENTS FOR
PROVIDENCE MANOR HOMEOWNER ASSOCIATION
Pursuant to Article VII, Section 7.3 of the Declaration of Covenants, Conditions, Restrictions, and
Reservations of Easements for Providence Manor Homeowner Association, dated August 29,
1986, filed for record August 29, 1989, and recorded in Volume 1571, page 321 of the deed
records of Butler County, Ohio, the Declaration may be amended by an instrument signed by not
less than ninety (90%) percent of the Lot Owners. Not less than ninety (90%) percent of the Lot
Owners have signed a ballot to amend the Declaration as follows:
1.)
Section 7.3 of the declaration is amended to read as follows:
Amendment. The covenants and restrictions of this Declaration shall run with and bind
the land, for a term of twenty (20) years from the date this Declaration is recorded, after
which time they shall be automatically extended for successive periods of ten (10)
years. This Declaration and the By-Laws may be amended only by the affirmative vote,
(in person or by proxy) or a written consent of at least Seventy Five Percent (75%) of
the Lot Owners. The amendment must be executed with the formalities of the original
Declaration, and signed by the President and Secretary of the Association, who shall
certify that the requisite consent or vote was obtained. Such amendment need not be
signed by the owners. The amendment must be recorded.
2.)
Section 5.2.9 of the declaration is amended to read as follows:
Radio and Television Antennas: All radio and television and other antennas shall be
enclosed within the residence located on the lot, with the exception of television
satellite dish antennas provided they are eighteen (18) inches in diameter or less and
installation strictly confirms and adheres to the "Guidelines for Satellite Dish Antenna"
as promulgated by the Board of Trustees.
The ballot evidencing such vote is of record with the Providence Manor Homeowners
Association.
The properties currently within the Providence Manor Homeowner's Association are
described on Exhibit "A" attached hereto.
29
PROVIDENCE MANOR HOME OWNER’S ASSOCIATION
GUIDELINES FOR BASKETBALL HOOPS
The Board of Directors of Providence Manor Home Owners Association believes that basketball
hoops as well as other yard appliances are an amenity and a necessary part of the enjoyment of life
in Providence Manor Subdivision. If properly installed and maintained, they are assets to the
community.
Because of the lack of detail and uniformity in the protective covenants and the enormity of
questions and concerns, the Board of Directors of Providence Manor Home Owners Association
has developed guidelines for the placement and use of basketball hoops.
GENERAL
The overall design of the subdivision protective covenants is to preserve the community
appearance in a natural, neat, uncluttered, subdued state. For example, wood fences and swings
sets are the only types approved.
The design of these guidelines for basketball hoops is to carry out this plan so that these appliances
remain as inconspicuous as possible to the casual observer.
TYPE - COLOR - SIZE
Many different types of basketball hoops are commercially available, virtually all of which are
acceptable. The size of the board should not exceed existing units in the neighborhood
(approximately 8 - 10 square feet). It is strongly recommended that these units be painted in
subdued colors such as the trim color of the residence
LOCATION
In general, the location of the appliance should be a minimum of 15 feet behind all building lines
on the lot. Homes having a front entry garage may require an additional slab in the rear yard.
Appliances attached to the front of the house or between the house and street are not acceptable.
Special conditions exist on double frontage lots serviced by a common driveway. On double
frontage lots an appliance is not permissible on the common driveway. Appliances are permitted
in the front yard of double frontage lots provided they are kept a minimum of 10 feet from the side
lot line and 15 feet from the front lot line and use the driveway pavement as the surface. Separate
slabs are not permitted in the front yard of double frontage lots.
There are a number of sketches on the following page which illustrate acceptable and non
acceptable installations.
USE
Respect for neighbors’ quiet enjoyment is essential. It is recommended that these appliances be
30
used no later than 10:00 in the evenings.
MAINTENANCE
Proper painting and other maintenance is mandatory. Landscaping to screen the view and deaden
noise is strongly encouraged.
APPROVAL
Installation of basketball hoops and other yard appliances requires prior written approval of the
Providence Manor Home Owners Association Board of Directors or the developer.
31
32
33
2
34
Providence Manor Horne Owners Association
Request for Approval of a Temporary Basketball Hoop
The undersigned
(name) requests approval for the erection and use of a temporary
basketball hoop at
(address). We/I agree to abide by the following
guidelines for temporary basketball hoops at all times.
Guidelines for Temporary Basketball Hoops
The Board of Directors of Providence Manor Home Owners Association believes that temporary basketball hoops
should be allowed in our neighborhood. If property installed and maintained they are assets to the community.
General
The intent of these guidelines for temporary basketball hoops is to allow temporary hoops while being as
inconspicuous as possible to the casual observer. This design is in alignment with the guidelines for installed
basketball hoops.
Type - Color - Design
Temporary basketball hoops will meet the same criteria currently in place outlined for installed hoops.
Location
1.
2.
Temporary basketball hoops will be placed in a location that meets the current guidelines for installed
basketball hoops: Or
If the lot does not have the capability to meet the current installed hoop location guidelines (without the
addition of a playing surface) a temporary hoop may be used on the lot only for the time of play. After play or
by 10:00 PM whichever comes first. it will be removed and stored within the lot's dwelling.
Maintenance
Proper painting and other maintenance is mandatory for all temporary basketball hoops.
Approval
As indicated in section 5.18 of our covenants. No basketball hoops may be erected or placed on any lot or building
without prior written consent...." The Board of Directors must approve all Temporary Basketball Hoops in writing
prior to placement.
Request for Approval
Our/My signature below indicates that we/I understand and will follow the above guidelines at all times.
Name:
Date:
Signature:
Approval
Approved by the Providence Manor Home Owner Association's Board of Directors at the meeting on
(date).
President
35
Date
PROVIDENCE MANOR
HOME OWNERS
ASSOCIATION
GUIDELINES FOR SWING SETS; PLAYGROUND EQUIPMENT; OUT BUILDINGS;
FENCING AND APPURTENANT STRUCTURES
NOTE: APPROVAL OF AN APPURTENANT STRUCTURE DOES NOT CONSTITUTE A
BUILDING PERMIT OR ZONING CERTIFICATE.
GENERAL
The architectural guidelines have been developed to create an environment of homes blended with
nature.
When incorporating appurtenant structures into the environment the Providence Manor Home
Owners Association Board of Trustees has elected to incorporate this same theory into the
approval process.
The process for approval for appurtenant structures shall include a review of the following criteria:
1.
2.
3.
4.
5.
6.
7.
Size of the Appurtenant Structure
Materials
Color
Location--Including Visibility from Street and Adjoining Lots
Landscaping and Screening of the Appurtenant Structure
Affect of Use--Including Noise/Endangerment, Etc.
Written approval requests must be accompanied by a sketch containing all of the above
information.
SWING SETS AND PLAYGROUND EQUIPMENT
1. SIZE: The base area of the equipment shall be confined to a rectangular area of 300 square
feet or less. Equipment shall not exceed more then 12 feet in height.
2. MATERIALS: The principle part of the structure shall be of wood only. Steel parts may be
included. Plastic parts such as swing seats; slides; rings; etc. are permitted. Canvas or
plastic tent canopies are permissible.
3. COLOR: The structure may be left a natural wood color or stained an earth tone color.
4. LOCATION: Structures shall be a minimum of 15 feet from any property line on regular
lots. On corner lots the structure shall be a minimum of 15 feet from any property line and
15 feet behind the building line on the street side of the lot. All other cases the structure
shall be a minimum of 20 feet behind the house.
36
5. LANDSCAPING: The Board of Trustees may require as a part of an approval the
placement of evergreen trees or other screening, especially on corner lots.
PERMANENT OUT BUILDINGS
Permanent out buildings shall be those structures having a concrete foundation.
1. SIZE: All out buildings shall be permanent out buildings and must conform to the
requirements of 5.2.1 of the protective covenants.
2. MATERIALS AND COLOR: All permanent out buildings shall be of the same siding
materials and of the similar roof pitch and shingles as the principle dwelling on the lot.
3. Only one out building shall be permitted on any lot.
4. LOCATION: All permanent out buildings shall be a minimum of 15 feet from any
property line on regular lots. On corner lots the structure shall be a minimum of 15 feet
from any property line and 15 feet behind the building line on the street side of the lot. All
other cases the structure shall be a minimum of 20 feet behind the house.
5. LANDSCAPING: The Board of Trustees may require as a part of an approval the
placement of evergreen trees or other screening, especially on corner lots.
6. The Board of Trustees will review the physical location of the requested outbuilding on an
individual basis in regards to: A) view from the street, B) position on lot, C) lot location, D)
structure of outbuilding, and E) view from neighbors.
7. The Board of Trustees requires notice in writing of at least 60 days before approval or
denial.
FENCING
Fencing shall be divided into three (3) categories A) Boundary and Perimeter Fencing, B)
Swimming Pool Fencing, and C) Privacy or Other Fencing.
BOUNDARY AND PERIMETER FENCING
Property line fencing shall be of three (3) split rails, unpainted-pressure treated lumber only. Wire
liners may be used for the containment of pets and children.
SWIMMING POOL FENCING
All swimming pool fencing shall be of wood; unstained or stained in an approved color to meet
state and local requirements. Fences more than four (4) feet in height must be of wood, black vinyl
clad chain link, or other acceptable material which will be reviewed by the Board of Trustees on an
37
individual basis in regards to: A) view from the street, B) position on lot, C) lot location, and D)
view from neighbors. Approval may require the planting of appropriate non-deciduous plants to
shield the view from others.
PRIVACY FENCING
Privacy fencing must be of wood, unstained or stained in an approved earth tone color. Privacy
fencing shall not exceed more than eight (8) feet in height. Not more than 150 lineal feet of fencing
shall be permitted on any lot. Privacy fences shall not be constructed beyond any building line or
within 10 feet of any side lot line or within 20 feet of any rear lot line.
COMPOST BINS
NON COMMERCIAL, NOT MASS PRODUCED, MADE OF NATURAL MATERIALS.
Compost bins of this category shall have dimensions no larger than the following:
1.)
SIZE:
Animal proof compost bin with hardware cloth (screened) on all framed surfaces with a lid;
4' high by 3' wide by 3' deep
Stackable slat and portable Lehigh-type compost bin; 4' high by 5' deep by 5' long
Three compartment multi turning unit compost "Bio" bins with or without a lid; 4' high by
3' deep by 9' long
2.)
MATERIALS: Non commercial compost bins may be constructed of pressure treated
lumber, treated rough cedar, and screened with hardware cloth, 2" x 2" welded galvanized dog
wire or wire fencing.
3.)
COLOR: Non commercial bins may be left a natural treated wood color, stained an earth
tone color, or stained to match the primary structure's (house) exterior wooden deck.
4.)
LOCATION: All compost structures shall be a minimum of 15 feet from any property line
on regular lots. On corner lots the structure shall be a minimum of 15 feet from any property line
and 15 feet behind the building line on the street side of the lot. All other cases the structures shall
be a minimum of 20 feet behind the house. Special locations can be approved on an individual
basis by the Board.
5.)
LANDSCAPING: The Board of Trustees may require as a part of an approval the
placement of evergreen (non deciduous) trees or other screening around the perimeter of the
compost structure especially on corner lots. Trees or screening should be located at least two feet
from the bin on all sides to allow adequate spacing for air circulation.
MASS PRODUCED COMPOST BINS OR CONTAINERS
38
1.)
SIZE: This structure's dimensions may not exceed 40" tall by 36" in diameter.
2.)
MATERIALS: Mass produced compost bins may be constructed of polypropylene, plastic,
galvanized woven welded wire, dog-wire or wire fencing.
3.)
COLOR: Green or black
4.)
LOCATION: All compost structures shall be a minimum of 15 feet from any property line
on regular lots. On corner lots the structure shall be a minimum of 15 feet from any
property line and 15 feet behind the building line on the street side of the lot. All other
cases the structures shall be a minimum of 20 feet behind the house. Special locations can
be approved on an individual basis by the Board.
5.)
LANDSCAPING: The Board of Trustees may require as a part of an approval the
placement of evergreen (non deciduous) trees or other screening around the perimeter of
the compost structure especially on corner lots. Trees or screening should be located at
least two feet from the bin on all sides to allow adequate spacing for air circulation.
39
40
41
Revised Fencing Guidelines
Effective 5/9/95
FENCING
Fencing shall be divided into three (3) categories A) Boundary and Perimeter Fencing, B)
Swimming Pool Fencing, and C) Privacy or Other Fencing. Fencing approval may require the
planting of appropriate non-deciduous plants to shield the view from others.
BOUNDARY AND PERIMETER FENCING
Property line fencing shall be of three (3) split rails, unpainted pressure treated or cedar lumber
only. Wire liners may be used for the containment of pets and children.
Property line fencing shall generally be confined to rear yards, meaning fencing on either side of
the house may not be in front of a straight line extending outward and perpendicular to the sidewall
from the nearest rear corner of the house. See drawings for illustration, and for special
interpretations for corner lots.
Also, property line fencing may not be placed such that it is adjacent to the front yard of an
adjacent house, meaning fencing within 15 feet of a common side lot line may not be in front of a
line perpendicular to the common side lot line and extending from the nearest front corner of the
adjacent house. See drawing for illustration.
SWIMMING POOL FENCING
All swimming pool fencing shall be of wood; unstained or stained in an approved color to meet
state and local requirements. Fences more than four (4) feet in height must be of wood, black vinyl
clad chain link, or other acceptable material which will be reviewed by the Board of Trustees on an
individual basis in regards to: A) view from the street, B) position on lot, C) lot location, and D)
view from neighbors.
PRIVACY OR OTHER FENCING
Privacy fencing must be of wood, unstained or stained, in an approved earth tone color. Privacy
fences shall not exceed more than eight (8) feet in height. Not more than 150 lineal feet of privacy
fencing shall be permitted on any lot.
Privacy fences shall generally not be constructed outside any side building line, or in front of any
rear building line, or within 10 feet of any side lot line, or within 20 feet of any rear lot line. See
drawing for an illustration.
42
43
44
PMHOA
Clarification of Private Drainage
Easement and Maintenance
December 5, 1995
Statement of Purpose:
The purpose of this clarification is to define who, the homeowner or PMHOA, is responsible for
various types of maintenance on all Providence Manor (PM) private drainage easements as shown
on the plat maps. These easements are required to handle huge volumes of water that may occur
during 100 year rainfalls as defined by state and local codes. Approximately 80% of the lots within
PM have one of these easements.
Definition:
Private drainage easements, natural or created, are drainage areas that are required to handle large
volumes of water during heavy rainfalls. These areas are usually depressed areas along the
perimeter of the lot upon which no structures or obstructions maybe erected in accordance with the
deed. The retention basins are designed to retain water and discharge it at a rate no greater than
area would have prior to the development of the land. The basin consists of a man made earthen
dam, inlets, and discharge pipe.
Where recorded:
Each easement appears on the individual deed and/or plat maps recorded with county.
Limitations and Use:
No permanent structures maybe erected upon the drainage easements with the exception of
recreational structures such as swing sets, basketball courts, etc. Storage sheds, temporary or
permanent, may not be erected on these easements. Firewood may not be stored within the
easement boundaries.
Various Types of Maintenance:
Pipes: Under ground drainage pipes that are part of the 100 year flood drainage design, such as,
the exit pipes from the retention basins.
Structures: In this case are defined as earthen dams that form the retention basins.
Erosion: Maybe divided into two types. Surface erosion caused by water running across the
surface of the ground. Subsurface erosion caused by water following through underground
water ways. It is possible for subsurface erosion to occur in the retention basin around the exit
pipe.
Mowing: There are two types of areas to be mowed. They are retention basins and surface
drainage areas.
Debris Removal: Removal of natural or man made debris that will impede the drainage of
45
water in the easement as originally intended by the engineers design.
PMHOA Policy of who is Responsible:
Pipes: Pipes larger than 6" in diameter will be maintained by PMHOA or the county.
Structures: All earthen dam will be structurally maintained by PMHOA (as required by 6.2.3
of the Covenants) or the county.
Erosion: Surface erosion control is the responsibility of the homeowner upon which lot the
erosion occurs. Surface erosion includes the discharge areas adjacent to underground drainage
pipes. Subsurface erosion, relating to all retention basins within PM, will be repaired by
PMHOA.
Mowing: The individual homeowners are responsible for mowing the drainage easements
areas within the perimeter of their lots, including retention basins, if they so choose. PMHOA
is responsible for mowing the basin at the bottom of Wethersfield Drive owned by PMHOA.
Debris Removal: Individual homeowners are responsible for removing all accumulated
debris from easements within the perimeter of their individual lots, inclusive of retention
basins. Debris must be removed as not to alter the designed functions of the easement.
46
PMHOA
Revision of Article 5.2.9
Radio and TV Antennas
December 5, 1995
Statement of Purpose:
The purpose of this revision to the Covenants of PMHOA is to set forth guidelines for
satellite dishes erected by members of PMHOA. All houses within Providence Manor
must adhere to the guidelines as specified below.
Definitions:
Satellite Dish: A concave dish type antenna used for the reception of satellite transmitted
TV or radio signals.
TV or Radio Antenna: A metallic device (as a rod or wire) for the radiation or receiving
of radio or TV waves.
Frontal View: A view of the house as seen from the street if looking at right angles to the
walls (Corner lots homes may have two frontal views).
Guidelines:
TV or Radio Antenna: No radio or TV antenna are permitted on the exterior of the home
as stated in Article 5.2.9 of the Covenants.
Satellite Dish Restriction: Satellite dishes will be restricted to those 18" or less in
diameter. Should the dish not be circular, the total surface are may not exceed 255 square
inches. There shall be only one dish exposed to the exterior per residence. It is possible that
some residences may not be able to have a dish due to the location of the house on the lot.
Approval: PMHOA Board approval must be obtained prior to the installation of any
satellite dish. A formal request for approval must be submitted to the Board. The request
must contain a dated cover letter describing the proposed location of the dish, list any
special circumstances, a rough sketch showing the location of the dish on the house and its
relationship to the street, and a manufactures brochure of the dish shoeing the size as well
as other information.
Installation: Technical installation will be made in compliance with State, County, and
Township electrical standards in effect at the time of installation. Exposed cables will be
secured with appropriate anchors and standoffs so as to be NEAT and FOLLOW existing
structural lines of the home (diagonal installation is prohibited).
Dish Positioning: The dish must be positioned so as not to be visible from a street frontal
view.
Roof Mounting: No dish may be mounted on the roof of a house.
Wall Mounting: The dish must be located as close as physical properties of the dish
will allow to the underside of the eave overhang of the house.
Ground Mounting: A ground mounted dish must be landscaped sufficiently, with
evergreen plants, so as not to be visible from a street frontal view. A ground
mounted dish will not be permitted in front of the front building line that faces a
47
street. Corner lots may have two or more such lines.
In Home Mounting: A dish may be mounted inside the home provided it is not
visible from a frontal view.
Painting of the Dish: Most dish technology is not hampered in its reception by acrylic,
latex, or enamel paint to the antenna dish. If the location is particularly difficult to place,
the Board may require, as part of the approval, that the dish be painted to match the
surrounding structure so as to make the installation more inconspicuous.
48
Received
By
Approved by Board: YES / NO
At Board meeting:
President:
Date:
REQUEST for Installation of 18" Satellite Dish
Article 5.2.9 - Radio & TV Antennas and Satellite Dishes
PMHOA homeowners wishing to install a Satellite dish are required to submit a written request to the Board of
Directors. The completion of this form will meet this requirement. The absence of any of the requested information
will be grounds for denial by the Board until such time as a complete submittal is provided. Approval is required
before installation.
The PMHOA Board will act upon the homeowner's request at its next regularly scheduled monthly Board meeting
and will notify the homeowner of the results.
Complete the following and return to our property management agent or to a PMHOA Board member.
- NAME:
Phone:
- STREET ADDRESS:
, West Chester, OH 45069
- Size, Manufacturer and Color of Dish:
Example: 18", RCA, Gray
- Show the proposed location of the dish, a rough sketch showing the proposed location of the dish on the house and
its relationship to the street. List any special circumstances under comments.
Sketch of Dish location also indicate how it will be mounted
Street
back / side of house
Comments (use separate sheet or back if necessary)
Signature:
Date:
49
EXHIBIT “A”: LEGAL DESCRIPTIONS AND LIST OF ANNEXATIONS
Situated in Section ①, Town ②, Range ③, Union Township, Butler County, Ohio and
being more particularly described as follows:
Entire Lots ④ as the same are known and designated on the recorded Plat of Providence
Manor Subdivision, Section ⑤, Block ⑥, as shown in Plat Envelope ⑦, pages ⑧ of the Plat
Records of Butler County, Ohio.
Subject to covenants, conditions, restrictions and easements of record
①
6
6
6
6
6
6
②
2
2
2
2
2
2
③
2
2
2
2
2
2
④
1-44
74-83
107-143
144-180
181-217
218-241
⑤
5
5
6
6
⑥
A
B
A
B
⑦
1383
1385
1529
1562
1710
1905
⑧
ABC
A
AB
AB
ABC
AB
6
2
2
243-254
7
-
2063
A
6
2
2
256-269
8
-
2171
A
9
2
2
270-320
9
-
2889
AB
Special
Amendment
Date
8/29/86
8/29/86
5.2.2
7/20/87
5.2.2
9/4/87
5.2.2
8/30/88
4.7, 5.2.2,
2/19/90
5.2.18, 6.1.8
4.7, 5.2.2, 10/29/91
6.1.8
4.7, 5.2.2,
8/28/92
5.2.18, 6.1.8
4.7, 5.2.2,
7/19/93
5.2.18, 6.1.8
The Declaration is hereby amended as to the property covered by this Annexation as follows:
4.7 The annual assessment of for the Lots in this section and block shall commence as to each Lot
on the first day of the month immediately following the earlier of: a) Two years after the recording
of this annexation or b) the occupation of any dwelling constructed on each Lot.
5.2.2 Dwelling Floor Areas: The floor area of the main dwelling exclusive of porches, decks,
basements and garage shall be no less than 2100 square feet for a ranch type dwelling, 2400 square
feet for a two story dwelling and 2400 square feet for a tri-level or quad level dwelling.
Contemporary designs having a lesser floor area than the above stated, however, may be approved
if said design shall have a volume comparable to the above stated.
5.2.18 Basketball Hoops. No basketball hoops may be erected or placed on any lot or building
without prior written consent as provided in Section 5.1
6.1.8 In no event shall more than three (3) vehicles be parked, stored, or kept on the exterior of any
Lot
50
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