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Below you will find the Declaration of Covenants, Conditions and Restricitions for Quail Hollow Subdivision. This is followed by an ammendment which adds the Willow Glen Subdivision to the association. Note that I have left off all of the signatures from both documents to shorten the space that they take up on this page. These are LONG documents.
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
QUAIL HOLLOW SUBDIVISION
THIS DECLARATION, Made on the date hereinafter set forth by RYAN HOMES, INC., a corporation authorized to do business in the State of Ohio, hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in Mad River Township, County of Montgomery, State of Ohio, which is more particularly described, as:
Being Lot 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 24, 25, 26, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 42, 44, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 102, 104, 105, 106, 110, 112, 113, 116, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134 and 135 of Quail Hollow, Section One, as recorded in Plat took 93, Page 54 of the Plat Records of Montgomery County, Ohio.
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
Section 1. "Association" shall mean and refer to GANDER ROAD ASSOCIATION, its successors and assigns.
Section 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.
Section 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.
Section 4. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance or the first lot is described as follows:
Situate in the Township of Mad River, County of Montgomery and State of Ohio and being Lots Numbered 130, 131, 132, 133 and 135 Quail Hollow Section One, as recorded in Plat Book 93, Page 54 of the Plat Records of Montgomery County, Ohio.
Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.
Section 6. "Declarant" shall mean and refer to RYAN HOMES, INC., its 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
Section 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 every Lot, subject to the following provisions:
(a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;
(b) 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 60 days for any infraction of its published rules and regulations;
(c) 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.
Section 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 Ill
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every owner of a lot which is subject to assessments 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.
Section 2. The Association shall have two classes of voting membership:
Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote, for each Lot owned. 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.
Class B. The 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:
(a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or
(b) on January 1, 1981.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 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 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 assessments fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Section 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.
Section 3. Maximum Annual Assessments. Until January I of the year immediately following the conveyance of the first 'Lot to an Owner, the maximum annual assessment shall be Thirty Dollars ($30.00) per Lot.
(a) From and after January I 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 5% above the maximum assessment for the previous year without a vote of the membership.
(b) From and after January I of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above 5% 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.
(c) The Board of Trustees may fix the annual assessments at an amount not in excess of the maximum.
Section 4. Special Assessments for Capital 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.
Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) 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 requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting.
Section 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.
Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commenc as to all Lots on the First day of the month following the conveyance of the Common Area or July 1, 1976, whichever first occurs. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Trustees shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual 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 Trustees. 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 properly 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 issurance.
Section 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 6 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.
Section 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 lien thereof.
ARTICLE V
ARCHITECTURAL CONTROL,
After the original construction by the Declarant, 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 as to harmony of external design and location in relation to surrounding structures and topography by the Board of Trustees of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.
ARTICLE VI
GENERAL PROVISIONS
Section 1. Enforcement. 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 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.
Section 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.
Section 3. 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 may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy five percent (75%) of the Lot Owners. Any amendment must be recorded.
Section 4. Annexation. The property described on Exhibit A may be annexed without consent, however, additional residential property and Common Area may be annexed to the Properties only with the consent of two-thirds (2/3) of each class of members.
Section 5. FHA/VHA Approval. As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: Annexation of additional properties, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions.
Section 6. Explanation. Ryan Homes, Inc. is the contract purchaser from National Homes Construction Corporation and said National Homes Construction Corporation joins in the execution of this Declaration to submit the lots to the within plan of development that it owns in said Quail Hollow Subdivision, Section One. This Agreement is also executed by a number of individuals, being owners of Individual lots in said Quail Hollow Section One.
IN WITNESS WHEREOF, the undersign, being the Declarant herein, has hereunto set its hand and seal this 22nd day of April, 1976.
***********This is where the signatures are left out.*********
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AMENDMENT OF DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
QUAIL HOLLOW SUBDIVISION
TO ADD WILLOW GLEN, SECTION ONE
This Agreement made this 20 day of August, 1979, by RYAN HOMES, INC., a corporation that is authorized to do business in the State of Ohio; hereafter referred to as the Declarant;
WITNESSETH:
THAT WHEREAS, Ryan Homes, Inc., as the Declarant, filed the Declaration of Covenants, Conditions, and Restrictions for Quail Hollow Subdivision dated April 22, 1976, and recorded in Miscellaneous Record 76-419A01, et seq, in the office of the Recorder of Montgomery County, Ohio. Said Declaration was amended on August 2, 1977, as recorded in Miscellaneous Record 77-443C03 and further amended May 26, 1978, as recorded in Miscellaneous Record 78-260C10 in the office of the Recorder of Montgomery County to add additional land to the terms and conditions of said Declaration; and
WHEREAS, the Declarant owns some 56.835 acres as described in Deed Record 78-224E08 in the office of the Recorder of Montgomery County, Ohio, said property now known as lot 80807 on the revised and consecutive numbered lots on the plat of the City of Dayton; and
WHEREAS, it is the intent of the Declarant to submit parts of said land from time to time at its option to the terms and conditions of said Declaration.
NOW, THEREFORE, this Agreement is made:
1. The Declarant does hereby declare that the 20.860 acres described on Exhibit A, attached hereto and made part of this Agreement, shall be held, sold, and conveyed subject to the terms and conditions of the Declaration of Covenants, Conditions, and Restrictions as recorded in Miscellaneous Record 76-419A01, et seq, in the office of the Recorder of Montgomery County, Ohio.
2. The Declarant is now in process of platting said 20.860 acres as, Willow Glen, Section one, out of said lot 80807 and will be a subdivision of SIXTY-TWO (62) lots; lots 1 through 60 being residential lots and lots 61 and 62 being open space that will be conveyed to Gander Road Association, the Association as described in said Declaration.
3. Every owner of a lot platted as Willow Glen, Section One, shall be a member of Gander Association and shall be subject to the provisions of the Articles of Incorporation and By-Laws of said corporation.
4. The assessments, as provided in the Declaration and from time to time adjusted by the action of the Association, shall be a lien on the lots and an obligation of the owner of said lot; said assessments will commence as to all lots in Willow Glen, Section One, at the time of conveyance of the first lot by Declarant to a purchaser of said lot.
IN WITNESS WHEREOF, RYAN HOMES, INC., Declarant, sets its hand this 20 day of August, 1979.
@ h' 89 14 -49" West 3-stance of 100.00 feet to ence a
the'northeast corner of lands conveyed to D. W. Jenkins, Jr. as recor ded in Deed Book 1061, page 111;
thence along the north line of said Jenkins lands North 881401-2611 West, a distance of 489.97 feet to a point in the east line of Quail Hollow Section Three as recorded in Plat Book '105,, page 15, said. point being the northwest corner of said Jenkins lands;
thence along the east line of said Quail Hollow Section Three and its'northward extension North 01-350-52" East, a distance'of 1526.12 feet to the place of beginning.
t6n- aining 20.860 acres, more or less. subject to all legal highways, easements and restrictions of record.
13Y
******More signatures left out*********
Official copies of these documents are in the possesion of the Board and are on file with Montgomery County.
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