First Amendment to the Declaration of Covenants, Conditions,
Restriction, Liens and Reservations of Easements for Hawthorne
Meadows Subdivision Section One
Whereas, the Declaration of Declaration of Covenants, Conditions, Restriction, Liens and
Reservations of Easements for Hawthorne Meadows Subdivision Section One with attached
Exhibits was recorded in OR Book 1239, Page 1224 of the Official Records of the Clermont
County Recorder’s Office on 12/2/1999 (hereinafter the “Declaration”) and the By-Laws and
Code of Regulations of Hawthorne Meadows Homeowners Association were attached as Exhibit
D.
Whereas, the Declaration, By-Laws, and their subsequent amendments are binding on the
property described in Exhibit “A”;
Whereas, Article XI, Section 11.3 of the Declaration and Ohio Revised Code Section 5312.05
provide the Declaration may be amended upon the affirmative vote of at least seventy-five
percent (75%) of the total voting power of the association; and
Whereas, the Association wishes to amend the Declaration as follows and the requisite vote of
the lot owners has been obtained;
Now, therefore, the Declaration is amended as follows:
Article IV Section 4.2 is hereby deleted and the following substituted in its place:
4.2 Residential. All of the Lots (except any Lot conveyed to the Association) shall be used for
residential purposes exclusively, and for no other purpose. No Lot or Dwelling Unit thereon shall
be used to provide shelter on a temporary, semi-permanent or permanent basis to more than three
(3) persons unrelated to each other by blood, marriage or legal adoption. Further, no Lot shall be
used, under any circumstances as a boarding house, group home or lodging house. Boarding
house, group home or lodging house are defined to include the temporary, semi-permanent
housing of any group of more than three (3) persons unrelated by blood, marriage or legal
adoption. The Association hereby mandates the total dwellings which may be used for rental
purposes shall be limited to five percent (5%) on a first notice basis. All owners are required to
formally and in writing notify the Board of their intent to rent their dwelling. The owner(s) shall
provide all contact information for tenant(s) and owners at the time of their notice of intent on an
application to rent. If the notice/application is not properly fully completed it may be rejected by
1
the Board with no notice and have no effect on other notices/application properly filed
subsequent. In the event the total rental dwellings at the time of notice would exceed five percent
(5%) then the notice/application will be denied. No profession or customary home industry shall
be conducted in or on any part of the Lot or improvement thereon without the written approval of
the Board. These restrictions shall not apply to the Developer or Builders in connection with
model improvements used as a sales office.
In Witness Whereof, the President of the Hawthorne Meadows Homeowners
Association, Inc., an Ohio non-profit corporation, has executed this First Amendment and
certifies the requisite consent or vote to this amendment has been obtained from the members of
the Association.
Hawthorne Meadows Homeowners Association, Inc.
an Ohio Non-Profit Corporation
By __________________________________
President
State of Ohio
)
County of __________________
)
) SS
The forgoing First Amendment to the Declaration of Covenants, Conditions, Restrictions, Liens
and Reservation of Easements for Hawthorne Meadows Subdivision was sworn to,
acknowledged and subscribed by _______________________________, President of Hawthorne
Meadows Homeowners Association, Inc., an Ohio Non-Profit Corporation, by and on behalf of
the Association of this _____ day of _________ , 2013.
___________________________
Notary Public
2
Presidents Affidavit
Before me a notary public personally appeared _________________________________
President of Hawthorne Meadows Homeowners Association, Inc., an Ohio Non-Profit
Corporation who first being duly cautioned deposes and says:
1. _____________________ has personal knowledge of the foregoing facts and is competent to
testify as to such. Hawthorne Meadows Homeowners Association, Inc.
2.______________ is the duly elected President of the Hawthorne Meadows Homeowners
Association, Inc.
3. As set forth in the Declaration, I attest the proceeding First Amendment to the Declaration
was approved by seventy-five percent (75%) of the lot owners.
___________________________________
By _______________, President
State of Ohio
)
) SS
County of __________________
)
The forgoing was sworn to, acknowledged and subscribed by ___________________, President
of Hawthorne Meadows Homeowners Association, Inc., an Ohio Non-Profit Corporation, by and
on behalf of the Association of this _____ day of _________ , 2013.
___________________________
Notary Public
This Document Prepared:
Kenneth R. Reed, Attorney, PSC
Kenneth R. Reed (015970)
241 Elm Street
Ludlow, KY 41016
(859) 331-4443
Fax: (859) 291-2226
3