Covenants

Enclave Convenants

The Rules

DECLARATION OF COVENANTS AND RESTRICTIONS

Below will be a link to the Enclave development’s Declaration of Covenants and Restrictions. 

 

 

 

 

DECLARATION OF COVENANTS AND RESTRICTIONS

of the

ENCLAVE SUBDIVISION

Lake Township, Stark County, Ohio

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TABLE OF CONTENTS

 

INTRODUCTION………………………………………………………………………………………………………… 3

ARTICLE   I:  DEFINITIONS………………………………………………………………………………………. 3

ARTICLE II:  REAL PROPERTY SUBJECT TO THIS DECLARATION……………………. 3

Section 1 – The Property……………………………………………………………………………………………………………………………………….. 3

Section 2 – Conflicting Laws…………………………………………………………………………………………………………………………………. 3

ARTICLE III:  MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION………. 3

Section 1 – Existence……………………………………………………………………………………………………………………………………………… 3

Section 2 – Membership………………………………………………………………………………………………………………………………………… 3

Section 3 – Voting Rights………………………………………………………………………………………………………………………………………. 3

Section 4 – Board of Directors………………………………………………………………………………………………………………………………. 3

Section 5 – Association Responsibilities………………………………………………………………………………………………………………. 3

Section 6 – Insurance……………………………………………………………………………………………………………………………………………… 3

Section 7 – Management………………………………………………………………………………………………………………………………………… 3

Section 8 – Termination………………………………………………………………………………………………………………………………………… 3

Section 10 – Recreation Parcel Conveyance………………………………………………………………………………………………………….. 3

ARTICLE IV:  DUES/ASSESSMENTS/ASSOCIATION REMEDIES……………………………. 3

Section 1 – Dues/Assessments………………………………………………………………………………………………………………………………. 3

Section 2 – Payment Terms of Dues/Assessments………………………………………………………………………………………………… 3

Section 3 – Effective Date / Payment……………………………………………………………………………………………………………………. 3

Section 4 – Insufficient Collections/Overages……………………………………………………………………………………………………….. 3

Section 5 – Association’s Remedies……………………………………………………………………………………………………………………….. 3

ARTICLE V:  BUILDING SPECIFICATIONS……………………………………………………………… 3

Section 1 – Submittals and Approvals…………………………………………………………………………………………………………………… 3

Section 2 – Garages……………………………………………………………………………………………………………………………………………….. 3

Section 3 – Driveways……………………………………………………………………………………………………………………………………………. 3

Section 4 – Fences…………………………………………………………………………………………………………………………………………………. 3

Section 5 – Size of Houses…………………………………………………………………………………………………………………………………….. 3

Section 6 – House specifications…………………………………………………………………………………………………………………………… 3

Section 7 – Television Antennas……………………………………………………………………………………………………………………………. 3

Section 8 – Sidewalks…………………………………………………………………………………………………………………………………………….. 3

Section 9 – Setbacks………………………………………………………………………………………………………………………………………………. 3

Section 10 – Manufactured Home…………………………………………………………………………………………………………………………. 3

ARTICLE VI:  GENERAL RESTRICTIONS……………………………………………………………….. 3

Section 1 — Construction Trailers………………………………………………………………………………………………………………………… 3

Section 2 – Temporary Structures…………………………………………………………………………………………………………………………. 3

Section 3 – Other Structures…………………………………………………………………………………………………………………………………… 3

Section 4 – Landscaping………………………………………………………………………………………………………………………………………… 3

Section 5 – Use of Houses……………………………………………………………………………………………………………………………………… 3

Section 6 – Building Maintenance…………………………………………………………………………………………………………………………. 3

Section 7 – Yard Maintenance……………………………………………………………………………………………………………………………….. 3

Section 8 – Signs……………………………………………………………………………………………………………………………………………………. 3

Section 9 – Outdoor Hanging………………………………………………………………………………………………………………………………… 3

Section 10 – Clutter……………………………………………………………………………………………………………………………………………….. 3

Section 11 – Disposal of Rubbish………………………………………………………………………………………………………………………….. 3

Section 12 – Outdoor Storage of Vehicles……………………………………………………………………………………………………………… 3

Section 13 – Noise…………………………………………………………………………………………………………………………………………………. 3

Section 14 – Operation of Machinery…………………………………………………………………………………………………………………….. 3

Section 15 – Recreational Vehicles on Sidewalks and Recreation Parcel……………………………………………………………… 3

Section 16 – Guns and Wildlife……………………………………………………………………………………………………………………………… 3

Section 17 – Animals……………………………………………………………………………………………………………………………………………… 3

ARTICLE VII:  STORM WATER EROSION CONTROL/REMEDIATION…………………. 3

Section 1 – Storm Water Erosion Control / Remediation………………………………………………………………………………………. 3

ARTICLE VIII:  EASEMENTS…………………………………………………………………………………….. 3

ARTICLE IX:  ASSOCIATION’S MAINTENANCE OBLIGATIONS…………………………… 3

Section 1 – The Retention Basin……………………………………………………………………………………………………………………………. 3

Section 2 – Subdivision Entrance Signs…………………………………………………………………………………………………………………. 3

Section 3 – Oil/Gas/Mineral Rights……………………………………………………………………………………………………………………….. 3

Section 4 – Association Easement…………………………………………………………………………………………………………………………. 3

ARTICLE X:  GENERAL PROVISIONS……………………………………………………………………… 3

Section 1 – Township’s or County’s Power to Enforce…………………………………………………………………………………………… 3

Section2 – Duration………………………………………………………………………………………………………………………………………………. 3

Section 3 – Notices……………………………………………………………………………………………………………………………………………….. 3

Section 4 – Enforcement………………………………………………………………………………………………………………………………………… 3

Section 5 – Binding Effect…………………………………………………………………………………………………………………………………….. 3

Section 6 – Assignability……………………………………………………………………………………………………………………………………….. 3

Section 7 – Amendments……………………………………………………………………………………………………………………………………….. 3

Section 8 – Special Amendment…………………………………………………………………………………………………………………………….. 3

Section 9 – Severability…………………………………………………………………………………………………………………………………………. 3

Section 10 – Word Usage………………………………………………………………………………………………………………………………………. 3

Section 11 – Copy of the Declaration…………………………………………………………………………………………………………………….. 3

 

                                                                                                                  

 

 

INTRODUCTION:

 

DECLARATION OF COVENANTS AND RESTRICTIONS

of the

ENCLAVE SUBDIVISION

Lake Township, Stark County, Ohio

                                      

THIS DECLARATION, made this 1ST day of January, 2009, hereby revises the previous Declaration, and any revisions to said Declaration, made on the 24th day of January, 2002,  by and between MGK: Ltd., an Ohio Limited Liability Company (the “Declarant”) and The Enclave Community Association, Inc., an Ohio Non-profit Corporation (the “Association”).

WITNESSETH THAT

WHEREAS, the Association is the owner of the Lot number 44 shown on Exhibit “B” attached hereto and further described in Article II, Section 1 of this Declaration of Covenants and Restrictions of The Enclave Subdivision, (this “Declaration”); and

WHEREAS, The Subdivision contains 76 single family lots (the “Lot” or “Lots”), which the Association desires to subject to the covenants, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of the Subdivision and each Lot owner, therein; and

WHEREAS, the Subdivision has been developed as a residential subdivision in accordance with the final plats (the “Plats”) of The Enclave as described in Article II, Section 1 of this Declaration; and

WHEREAS, the Subdivision has been named The Enclave; and

WHEREAS, Association has deemed it desirable for the efficient preservation of the values and amenities in said Subdivision, to create an agency to which should be delegated and assigned the powers of administering and enforcing the covenants and restrictions, and for the collection and disbursement of the assessments and charges hereinafter created; and

WHEREAS, there is incorporated under the laws of the State of Ohio, as a non-profit corporation, The Enclave Community Association, Inc., (the “Association”) for the purpose of exercising the functions aforesaid; and

WHEREAS, the Association joins in this Declaration for the purpose of accepting the duties and responsibilities imposed upon it by the protective covenants and restrictions herein contained; and

WHEREAS, the Township of Lake (the “Township”) and the County of Stark (the “County”), have an interest in being able to enforce all or some of the covenants and restrictions contained in this Declaration; and

NOW, THEREFORE, Declarant declares that the Lots set forth in Article II, Section 1 of this Declaration shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens contained in this Declaration and further specifies that this Declaration shall constitute covenants to run with the land and shall be binding upon the Association and its successors and assigns and all other owners of any part of said real property, together with their grantees, successors, heirs, executors, administrators or assigns.

 

 

 

ARTICLE   I:  DEFINITIONS

The following words when used in this Declaration shall have the following meaning; (unless the context shall prohibit):

  • “Association” shall mean and refer to The Enclave Community Association, Inc., an Ohio non-profit corporation.
  • “Basin” shall mean and refer to the retention basin which has been created by order of the County engineers for purposes of temporarily retaining storm waters flowing through the storm sewers of the Subdivision during heavy rains.
  • “Board” or “Board of Directors” shall mean and refer to the Board and/or Board of Directors for the Association as elected and/or, other person(s) as the Board may otherwise designate/appoint from time to time in Board’s sole discretion shall serve upon the Board.
  • “County” shall mean and refer to the County of Stark, State of Ohio.
  • “Declaration” shall mean and refer to this Declaration of Covenants and Restrictions and any supplements or amendments thereto.

(f)       “Effective Date” shall mean and refer to the date upon which the Board of Directors signs this Declaration.

(g)        “Entrance Features” shall mean and refer to any and all improvements, structures and/or landscaping that the Association may make, construct and/or maintain at or upon any Lot(s) as Association will from time to time designate; including, without limitation, features such as gates, brick monuments or structures, fencing, lighting fixtures/posts, trees, shrubbery, annual/perennial flower gardens, etc.

(h)        “House” shall mean and refer to any detached single family dwelling located, or to be built, on a Lot.

(i)       “Improvements” shall mean and refer to any structures, buildings, roadways, fixtures, decks, satellite dishes, fences, patios, swimming pools and/or other improvements of any kind or nature; including, without limitation, any Residence that any Owner may construct upon and/or make to any Lot. “Improvements” shall also mean any alteration(s)/modification(s) and/or any replacement(s) to any structures, buildings, roadways fixtures, deck, etc., whether presently or hereafter existing at any time upon any Lot.

(j)        “Lot” or “Lots” shall mean and refer to the numbered lots shown on Exhibits “A” , “B” and “C” and set forth in Article II, Section 1 of this Declaration. Lot numbers vary from preliminary to final plats.

(k)      “Member” shall mean and refer to all who are members of the Association as provided in Article III, Section 2 hereunder.

            (l)         “Owner” shall mean and refer to the record owner, whether one or more

persons or entities, of the fee simple title to any Lot and/or House situated upon the property but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.

(m)       “Plats” shall mean and refer to the real property as it was subdivided into Lots and recorded in the Stark County Record of Plats as set forth in Article II, Section 1 of this Declaration.

(n)       “Property” shall mean and refer to the real estate described within Exhibits “A”, “B” and “C” which are attached hereto and are  made part hereof.

(o)       “Recreation Parcel” shall mean and refer to a portion of Lot 44 together with any and all structures/improvements now or hereafter situated thereon, which such Recreation Parcel will benefit all Lots and the Association as provided in this Declaration.

(p)        “Review Board” shall mean and refer to the Architectural Review Board.

(q)        “Rules and Regulations” shall mean and refer to the rules/regulations that the Board may adopt from time to time to govern the administration of the Association and/or the use, maintenance and upkeep of the Development and/or the Recreation Parcel.

(r)       “Signs” shall mean and refer to the signs displaying the name of the Subdivision located at the entrances to the Subdivision on Mogadore Road.

(s)       “Subdivision” shall mean and refer to the aggregate of all of the Lots shown on Exhibits “A”, “B” and “C”  and set for the in Article II, Section 1 of this Declaration.

(t)      “Township” shall mean and refer to Lake Township, organized and existing under the laws of the State of Ohio.

 

 

ARTICLE II:  REAL PROPERTY SUBJECT TO THIS DECLARATION

 

Section 1 – The Property.  The Lots which are and shall be held, transferred, sold, conveyed and occupied subject to this Declaration are located in Lake Township, Ohio, and are further described as follows.

 

                        Known as and being Lot numbers 1 through 76 within The Enclave Subdivision, Lake Township, Stark County, Ohio, as platted in Plat Book Volume 70, Pages 14 & 15, Stark County Plat Records. Final plats shall be recorded in phases with lots 1 through 76 also to be numbered in respective phases.  See attached Exhibits “A”, “ B”  and “ C”.

 

            Section 2 – Conflicting Laws.  It is intended by the Association, its successors and assigns, that this Declaration shall not in any way supersede, prevail or control over any laws ordinances, rules and regulations now in effect or hereafter enacted by the Township or the County. Furthermore, in the event that this Declaration conflicts, or is inconsistent with, any such laws of the Township or of the County, now existing or hereafter adopted, the latter shall control.

 

ARTICLE III:  MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION

Section 1 – Existence. The Association is or shall be an Ohio non-profit corporation. The Association is not and shall not be deemed to be a condominium association or a unit owners’ association as defined in Ohio Revised Code 5311.

 

Section 2 – Membership.  There shall be one (1) membership in the Association for each Lot within The Enclave Subdivision and any and all Phases in/of the Development. If a Lot is owned of record by two (2) or more persons, whether fiduciaries, joint tenants, tenants-in-common or otherwise in a form of joint or common ownership, then the multiple Owners shall select and designate one (1) such Owner to serve and act as the “member” and to qualify for voting privileges and will notify the Association in writing of the name of such designee. Membership will terminate when the Owner(s) transfer ownership of the Lot of record, at which time the membership will pass to the new Owner(s).

 

Section 3 – Voting Rights.  Each member (or designated member as applicable) will be entitled to cast one (1) vote for each Lot that the member owns and/or for which the Designated Member (as applicable) is acting as the member. For purposes hereof, the vote of a Designated Member shall represent the will of all multiple Owners of the Lot.

 

Section 4 – Board of Directors.  The Board of Directors initially shall be those five (5) persons serving as the Board prior to the revisions of the Enclave Subdivision Declaration of Covenants and Restrictions dated 01/01/09.  Each Director shall have one of the following roles on the Board and serve the following term according to that role: One (1) President shall serve a two (2) year term, two (2) Vice Presidents shall each serve three (3) year terms, one (1) Secretary shall serve a one (1) year term and one (1) Treasurer shall serve a two (2) year term.  All terms shall commence on 01/01/09.  Approximately, thirty (30) days prior to the end of each Director’s term, or immediately upon mid-term resignation of any Director, an election will be held to determine said Director’s successor.  Each Owner shall be entitled to cast one (1) vote for each Lot owned.  There shall be no cumulative voting.  Anyone elected to the role of Director mid-term, shall serve out the remainder of that term and be eligible for re-election at the end of said term.  There is no limit to the number of terms that one may serve.

Each Director/Officer, agent employee, or volunteer of this Corporation, and any officer, agent, employee, or volunteer of any other corporation serving as such at the request of this Corporation shall be indemnified by this Corporation under the standards set by and to the fullest extent allowable under Section 1702.12(E), Ohio Revised Code, as the same shall be amended or renumbered from time to time.

 

Section 5 – Association Responsibilities.  The Association shall be responsible for:

  1. all necessary maintenance, repair and/or replacement relative to the Recreation Parcel and any and all improvements/structures now or hereafter situated thereon; including, but not limited to lawn mowing/fertilizing;
  2. the maintenance, repair and/or replacement of/for the Entrance Features;
  3. all necessary maintenance, repair, restoration and/or replacement of any and all detention and/or retention basins in the Development and/or at the Property; including, but not limited to, the cleaning out/dredging of the basins and the controlling of weeds from within the basins.     
  4. the payment of any and all real estate taxes/assessments attributable to the Recreation Parcel;
  5. the establishment and collection of Assessments; and,
  6. the enforcement of this Declaration, the Conditions and Restrictions and the Rules and Regulations.

Section 6 – Insurance.  The Association shall obtain and maintain a comprehensive policy of public liability insurance, insuring the Association, the Board and the Owners with coverage limits as the Board may determine; provided, however, that such coverage shall be for at least Two Million Dollars ($2,000,000.00) per occurrence for personal injury and/or property damage covering claims relating to the Recreation Parcel and/or Entrance Features or otherwise arising from Association activities, acts or omissions in connection with the Association’s maintenance, upkeep, repair and/or replacement obligations hereunder. The liability insurance shall contain a “severability of interest” endorsement which shall preclude the insurer from denying the claim of an Owner because of the negligence of the Association, the Board or other Owners. The Association shall also maintain fire and extended coverage insurance upon the Recreational Parcel and the Entrance Features in such amount(s) and with such coverage terms as the Board shall determine from time to time. The Board may additionally purchase and maintain contractual liability insurance, trustees’ and officers’ liability insurance and such other insurance as the Board may determine. At the Board’s election, fidelity bond coverage against dishonest acts on the part of the Trustees, officers, employees, agents or volunteers responsible for handling funds belonging to or administered by the Association may be obtained in amounts as the Board deems reasonable.

Section 7 – Management.  The Association shall establish and maintain policies, programs, rules, regulations and procedures designed to fully implement this Declaration for all purposes hereof and for the benefit of all Owners and may but shall not be required to:

  1. adopt reasonable Rules and Regulations regarding the use, maintenance, upkeep, repair and/or replacement of the Recreation Parcel and/or the Entrance Features.
  2. engage employees and agents; including, without limitation, security
    personnel, attorneys, accountants and consultants, maintenance or management firms and contractors.
  3. delegate all or any portion of the Association’s authority and responsibilities to a manager, managing agent and/or management company, evidenced by a management contract which shall specify the duties of the managing agent and provide for payment to the managing agent of reasonable compensation. Such compensation shall be charged to the Owners as part of the Assessments.
  4. D. determine, levy and collect Assessments from the Owners based upon costs incurred by the Association for management, repair, maintenance, upkeep and, if necessary, replacement of any or all portions of the Property which are the responsibility of the Association hereunder and the cost of any and all insurance coverage referenced herein.
  5. perform and carry out all duties and acts reasonably necessary to give effect to and implement this Declaration.

            Section 8 – Termination.  The Association shall have a perpetual existence; provided, however, that the Owners may terminate and dissolve the Association upon the affirmative vote of not less than eighty percent (80%) of the Owners to terminate and dissolve the same. 

            Section 10 – Recreation Parcel Conveyance.  The recreation parcel has already been Quit-Claimed to the Association so this section can be deleted from the document.

 

 

ARTICLE IV:  DUES/ASSESSMENTS/ASSOCIATION REMEDIES

 

            Section 1 – Dues/Assessments.  On an annual basis, the Board shall estimate the anticipated expenses of the Association, (“Expenses”), and shall equally apportion the same among the Lots which are or will be subdivided of record from the Property in the calendar year for which the annual establishment, hereby referred to as “Dues”, is made. With the exception of MGK, Ltd., WS Homes and Scott McCue Homes, no Owner shall be exempt from Dues because of such Owner’s waiver of use and/or non-use of the Recreation Parcel and/or other amenities of the Development. Except for the three (3) aforementioned owners, any Owner’s failure to construct a residence upon such Owner’s Lot will not absolve that Owner from liability for Dues.

            All current and future Lot Owners may also be assessed a fee of $50, hereby referred to as “Assessments”, for failing to comply with any of the conditions and restrictions or rules and regulations found within this Declaration or otherwise posted at the Recreation Parcel.  No current or future Lot Owner shall be exempt from Assessments.

 

            Section 2 – Payment Terms of Dues/Assessments.  Dues shall be payable in advance on an annual basis.  Assessments shall be payable as dictated by the Board in each Assessment invoice.  Dues and Assessments, as well as their associated late charges and costs, shall be the joint and several obligations of the Owners who owned the Lot when the Dues/Assessments fell due.

 

            Section 3 – Effective Date / Payment.  The Fiscal Year of the Association begins on April 1st and ends on March 31st.  Dues/Assessments shall become effective when the Association submits a written statement of amount due to each Owner at each Owner’s last known mailing address.  Each owner will pay the Dues/Assessment upon the terms provided within the statement; however, Dues will always be payable no later than the first day of the Fiscal Year/April 1st.     

The Lot Owner as of April 1st, as recorded at the Stark County Auditor’s office, shall be responsible for the payment in full of the Dues/Assessments.  If Dues/Assessments are not paid within thirty (30) days of the due date, a $50 late charge will be added to the balance due.  A $50 late charge will continue to be added for every additional thirty day period the Dues/ Assessments becomes past due thereafter. 

 

            Section 4 – Insufficient Collections/Overages.  If the Dues charged and collected by the Association are at any time insufficient to enable the Association to satisfy actual expenses, the Board shall assess the deficiency among the Lots as provided hereinbefore. If the Association collects any excess funds for any fiscal year, the Association shall maintain the excess funds as a reserve. Alternatively, the Association may reduce the Assessments for the next fiscal year in whole or in part to reflect the reserve funds.

 

Section 5 – Association’s Remedies.   If any Owner shall fail to timely and/or fully satisfy such Owner’s Dues/Assessments, the Association shall have the following remedies:

  1. Lien Rights. The Association shall have a continuing lien upon all Lots for Dues/Assessments and their associated late charges/costs therewith as attributable thereto. At any time any Dues/Assessment remains unpaid for sixty (60) days or more after the same have become due and payable, the Association may file a Certificate of Lien, for the entire unpaid Assessment, together with interest and costs (including reasonable attorney’s fees) with the Stark County Recorder. The lien shall remain effective for five (5) years. The Association’s right to obtain a lien shall be in addition to and not in lieu of any additional remedies available to the Association under Ohio law.
  2. Denial of Voting Rights. If any Owner fails to pay Dues/Assessments when due, or otherwise is in breach of the Conditions and Restrictions and/or the Rules and Regulations, such Owner shall not be entitled to vote on Association matters until the Assessment is paid in full and/or until such Owner is in full compliance with the terms and conditions hereof.
  3. Suspension of Benefits.  The Association may suspend the right of any Owner to use/enjoy the Recreation Parcel for any period(s) during which such Owner is delinquent upon the Owner’s Assessment and/or during which any Owner is in violation of the Conditions and Restrictions and/or the Rules and Regulations.

 

ARTICLE V:  BUILDING SPECIFICATIONS

 

            Section 1 – Submittals and Approvals.           For the Enclave Subdivision.

  1. The right to approve all construction within the Enclave Subdivision is reserved for the Architectural Review Board (Review Board) established by the Association.  Initially, the Review Board will be comprised of those two (2) homeowners and the President of the Association’s Board of Directors serving in such capacity prior to the revision of this Declaration dated 01/01/2009.   Each of the two (2) homeowners on the Review Board shall serve a term of two (2) years and the President of the Association’s Board of Directors will always be the third member of the Review Board.  Thirty (30) days prior to the conclusion of the terms being served by homeowners on the Review Board, or immediately upon their resignation, an election will be held to determine their successors. 
  2. All matters herein requiring the approval of the Review Board, by the terms of this instrument, shall be submitted to the Association’s Board of Directors or the Review Board in writing, accompanied by such specifications, details and other documents as are reasonably required by it to make a proper decision. In order to insure that the homes and other buildings will have a uniform high standard of construction, and that the development will be comprised of quality homes, the Review Board reserves the right to reject all such plans and specifications as aforesaid for any reasonable grounds, including but not limited to aesthetic reasons. The Review Board shall approve or disapprove such written submission or application for approval in writing within fourteen (14) days after its receipt of the same, and a failure by the Review Board to so act within said fourteen (14) day period shall constitute approval of the submitted plans.
  3. The Review Board shall exercise its best judgment to see that all improvements in the Subdivision conform to The Enclave development as to external design, quality and types of construction, materials, colors, setting, height, grade, finished ground elevation, landscape, and tree removal. The actions of the Review Board, through its approval or disapproval of plans and other information submitted pursuant hereto, shall be conclusive and binding on all interested parties.
  4. Any Builder or Homeowner within the Subdivision shall strictly comply with the requirements of the Review Board for the Subdivision and shall obtain plan approval from Review Board as required herein. No improvement, change, construction, addition, excavation, landscaping, tree removal, or other work or action which in any way alters the exterior appearance of the subdivision from its theretofore natural or improved state (and no change, alteration or other modification of any of the foregoing previously approved hereunder), shall be commenced or continued until the same shall have first been approved in writing by the Review Board. Approval shall be required by submission to the Review Board of plans and specifications, which shall describe types of construction and exterior materials to be used, in duplicate, showing the following:
  5. All Buildings, and other improvements, access drives, and other improved areas and the locations thereof on the site;
  6. All landscaping, including existing and proposed tree locations and planting areas (and specie thereof), and ornamentation;

iii.        Plans for all floors, cross sections and elevations, including projections and wing walls;

  1. Walls, fencing and screening;
  2. Patios, decks, pools and porches;
  3. Complete exterior color scheme & color samples;

vii.       Samples of all major materials to be used;

viii.      Such other information, data, drawings as may be reasonably requested by the Review Board.

  1. The Review Board, nor any members thereof, nor any of their respective heirs, personal representatives, successors or assigns, shall be liable to anyone submitting plans for approval by reason of mistakes in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any plans. Every person and entity who submits plans to the Review Board agrees, by submission of such plans, that he or it will not bring any action or suit against the Review Board in law or equity or to recover any damages.

 

Section 2 – Garages.  All garages shall be attached to, and incorporated as part of the House. The garages shall be no less than 440 square feet, and shall be able to accommodate at least two automobiles. No detached garages shall be built on any Lot.

 

Section 3 – Driveways.  Driveways from the garage opening to the street shall be of concrete. Colored and patterned concrete may be used for all concrete exception of front, curbside sidewalks. No asphalt pavement shall be used on any Lot. Driveways shall be a minimum of twelve feet (12′) in width.

 

Section 4 – Fences.  Commencing 01/01/2009, no fence or railing, including hedge or shrubbery fence, shall be built or permitted on said property in the front yard. No fence or railing, including hedge or shrubbery fence, shall be built or permitted on said property in the side yards of any dwelling the height of which exceeds forty-eight inches (48″); no such fence shall be built or permitted in the rear yard of any dwelling the height of which exceeds forty-eight inches (48”). No fence shall be of wire, chain link or wood slat construction. All fences shall be approved in writing by the Review Board prior to installation.

Section 5 – Size of Houses.  Any dwelling or outbuilding erected in The Enclave shall adhere to and comply with the following requirements:

  1. Single-Family dwellings shall meet the following requirements:
  2. Type. Single family dwelling may be a one-story, a two-story, a split level or Cape Cod design.
  • One-story dwelling is a structure, the living area being the first floor, constructed with a basement and a space between the first floor ceiling and the roof of inadequate height to permit its use as a dwelling place;
  • Two-story dwelling is a structure, the living area of which is on two levels connected by a stairway, constructed with a basement;
  • Split-level dwelling is a structure, the living area of which is one, two or more levels connected by stairways constructed with a basement;
  • Cape Cod dwelling is a structure, the living area of which is on two levels connected by a stairway and constructed with a basement. The upper level is constructed within the gable portion of the roof, with window penetrations made by the use of dormers.

 

  1. Living Area. The living area of any dwelling shall be not less than the square footage hereinafter set forth. “Living Area” shall not include garages, attics, basements, breezeways, patios, porches, or any enclosed area not heated for year-round living.

(a)       The area of any dwelling shall be computed on the outside foundation of the first floor and the exterior dimensions of the second floor. In the case of the Cape Cod design, a second floor area shall be computed from the outside dimensions of the knee walls.  In the case of open ceilings to the second floor, the upper open space may NOT be computed as second floor footage.                                  

(b)       The minimum square footage for each of the aforementioned designs, computed as above described shall be:

One Story                    1800 Square Feet

Two Story                    2200 Square Feet

Split Level                   2200 Square Feet

                        Cape Cod                    2200 Square Feet (with not less than 1600 square feet in the first floor area)

 

            Section 6 – House specifications

  1. No roof pitch on any house or garage shall be less than 8/12.
  2. Any construction commencing after 01/01/09 must have the exposed portion of the entire foundation (front, sides and rear) covered in brick or stone on all sides.
  3. All dwellings must be complete within one (1) year of commencement of construction.

 

Section 7 – Television Antennas.  Commencing 01/01/2009, no outdoor television or radio antennas shall be attached to any house or garage or erected anywhere else on the lot. Television reception shall be limited to a cable service or not more than two (2) microwave dish antenna(s) not exceeding thirty-six inches (36″) in diameter. Should any dish type antenna(s) be required to be mounted to the house, it must be mounted to the rear portion of the home so as not to be at all visible while viewing the home from the curb.  No other dish antennas shall be erected on the lot.

 

Section 8 – Sidewalks. The Owner(s) or their assigns shall, within three (3) months of occupancy of their residence, construct on said lot a sidewalk which shall be four feet (4′) wide, four inches (4″) deep, constructed of concrete (six (6) sack limestone mix) and meet the specifications of Stark County and shall span the width of the lot and connect with the sidewalk constructed on adjoining lots on each side of the premises.

 

Section 9 – Setbacks.  No structure of any kind shall be erected on any lot, any part of which is in violation of any front, side, and/or rear set back lines and requirements as established by the Lake Township Zoning Ordinance, establishing such set back requirements for real property situated within an R-l zoning classification, as such requirements are in effect at the time of construction.

 

Section 10 – Manufactured Home.  No manufactured home, industrialized unit, or mobile home of any kind shall be placed, erected, located or maintained on any Lot. A manufactured home is defined as a building unit or assembly of closed construction that is fabricated in an off-site facility. An industrialized unit is defined as a building unit or assembly of closed construction fabricated in an off-site facility, that is substantially self-sufficient as a unit or as part of a greater structure, and that requires transportation to the site of the intended use. An industrial- unit includes units installed on a Lot as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. A mobile home is defined as a building unit or assembly of closed construction that is fabricated at an off-site facility, is built on a permanent chassis, and is transportable in one or more sections.



 

ARTICLE VI:  GENERAL RESTRICTIONS

Section 1 — Construction Trailers.  Construction trailers utilized by Builders and/or Developers shall be placed as far off public and private rights-of-way and concealed from view as much as possible. Disturbed areas adjacent to public or private rights-of-way shall be graded and seeded as soon as possible by the Builder. Every reasonable effort shall be made by the Builder to keep the sites clear of debris.

Section 2 – Temporary Structures.  No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time, either temporarily or permanently unless approved by the Review Board.

Section 3 – Other Structures.  “Mini-barns” may be constructed upon said premises for storage of lawn equipment, household maintenance items, bicycles and other items, so, long as such “mini-barns” are erected and constructed pursuant to the following specifications:

  1. Such buildings must be approved by the Review Board and shall be of wood construction, painted white or the major color of the siding on the residence, with an asphalt shingle roof matching the roof on the residence, and shall be of a construction size not less than sixty-four (64) square feet, no more than one hundred (100) square feet, and shall not be more than eight feet (8′) in height.  Such “mini-barns” shall have a roof pitch of not less than 6/12 and must be completed within sixty (60) days of commencement of construction.
  2. Such “mini-barns” shall be constructed at a location at the rear property line of each respective lot but not located closer than five feet (5′) to any property line.
  3. Such “mini-barns” shall be maintained and in good state of repair. No more than one (1) “mini-barn” per lot is permitted.
  4. Such “mini-barns” may be of a manufactured type but must be approved by the Review Board.
  5. All structures constructed in The Enclave Subdivision shall conform to setback requirements as established by Lake Township.

 

Section 4 – Landscaping.  The landscaping on each Lot shall be completed no longer than eight months after the House built on the Lot has been substantially completed.

 

Section 5 – Use of Houses.  No House shall be used for anything other than residential purposes, except that this restriction shall not apply to dwelling units used as model homes by Builders.  No House shall be used as an investment property or rented/leased in any fashion without prior approval of the Board of Directors.  No House shall be used solely for commercial purposes.  With prior approval of the Board of Directors, a House may be used commercially as long as it is also the primary residence of the Owner.  Any commercial use of a House, including but not limited to the sale of personal property (garage/yard sale, etc.), must be approved by the Board of Directors prior to such use.

 

Section 6 – Building Maintenance.  All necessary maintenance of the House or other permitted structures shall be done in a manner to conform to the original architectural design. Each Owner of a Lot shall, at its sole cost and expense, repair its House; keep the same in condition comparable to the condition of such dwelling at the time of its initial construction, excepting only normal wear and tear.

The exterior material of all permitted structures on each Lot shall be painted, stained and/or washed as required in order to maintain the same and preserve the original “as built” integrity.

 

Section 7 – Yard Maintenance.  All yards on each Lot shall at all times be

maintained by the Lot Owner or Owners in a satisfactory manner, including, but not limited to, the following:

  1. Weed killer, of a type appropriate to control, inhibit and prohibit the growth of weeds, shall be applied on all yard areas, as frequently as is needed, to control, inhibit and prohibit the growth of weeds in yard areas;
  2. All yard areas shall have fertilizer applied at least once per calendar year on all areas in which grass is grown or intended to be grown;
  3. All grass and other open areas intended to be maintained in grass shall be cut, mowed and trimmed;
  4. Each open storm water drainage swale, waterway, creek or pond on any Lot or parcel, or shared by any Lot or parcel, shall be maintained by the owner thereof in good condition and repair so that there will be no interference with the normal flow or water therein. Neither the location nor the grade of any such drainage swale shall be altered so as to interfere with the normal flow of the water therein, nor shall any swale be replaced with pipe.
  5. Commencing 01/01/2009, all vacant lots must be maintained at all times.  For the sole purpose of personal health and safety, no vacant Lot shall have grass/weeds in excess of twelve inches (12”) at any time, unless said Lot contains Preserved Wetlands as designated by the EPA and then only those areas of vacant Lots designated as such may be left to grow to their naturally occurring heights.  At no time should a vacant Lot be used for the purpose of dumping yard waste, dead trees or brush, construction material, concrete, stone, etc.  The Board of Directors reserves the right to have all such material removed from a Lot and charge an Assessment, including a non-compliance penalty, to the Lot Owner for any expenses associated with its removal.

 

Section 8 – Signs.  No sign or other advertising device of any nature shall be placed upon any Lot except for signs placed by the Declarant, or by Builders and Developers, and approved by the Declarant promoting the development and providing information to Owners and prospective purchasers. “House For Sale” signs are permitted but may be no greater than 24″ X 24″ in size.

 

Section 9 – Outdoor Hanging.  No clothing or any other fabric shall be hung outside of any House.

 

Section 10 – Clutter.   No Lot shall be used in whole or in part in any manner that would offend the visual privacy and consideration of any Lot Owner in this Subdivision. The standard of performance required in this covenant shall be that of a residential community. No Owner or a Lot shall permit, at any time, any clutter or other unsightly objects or matter to be placed or accumulated, persist or subsist in or on such Owner’s Lot or in the street area of sidewalk or tree lawn abutting his Lot. The matters enjoined or constrained by this covenant include, but are not limited to, outside workshops; lumber storage piles; storage piles of other material or matter.

 

Section 11 – Disposal of Rubbish.  No dumping is permitted on any part of the Subdivision unless necessary for construction or improvements and authorized by the Board of Directors of the Association. No sub-lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in a sanitary container. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. All trash cans, garbage cans and waste and refuse containers must be kept inside the main dwelling and further, may only be deposited in the driveway or at the street for collection the evening prior to the scheduled collection. Out of courtesy to all residents of the Enclave, each Lot Owner must arrange their trash service pickup to occur between the hours of 6am and 9pm.  Each Lot must be kept and maintained in good visual order, with no debris or unsightly refuse permitted to accumulate by the Owner or Owners.

 

Section 12 – Outdoor Storage of Vehicles.  No campers, camping trailers, motor homes, boats, canoes, boat trailers, snowmobiles, snowmobile trailers, trailers of any type, trail bikes, mini-bikes, motor cycles or other recreational vehicles or commercial vehicles, including, but not limited to, trucks, vans, tow trucks or building equipment shall be placed, parked or maintained, either temporarily or permanently on any Lot or dedicated roadway in said Subdivision; provided, however, any of the foregoing may be stored and kept within an enclosed structure approved by the Review Board.  Except that recreational vehicles, including motor homes, owned by the homeowner or guests of the homeowner may be parked in the homeowner’s driveway for a period of time not to exceed seven calendar days on four separate occasions but shall not exceed twenty-eight (28) days within any one calendar year.

Prior to the revision of this Declaration dated 01/01/09, any Owner who drove on a daily basis a commercial vehicle (car, pickup truck or van) displaying their company name, and continues to drive the same or similar vehicle on a daily basis after the aforementioned revision date of this Declaration, may park said vehicle in their driveway on a daily basis.  Commencing on 01/01/09, any new Owner to the subdivision who drives such a commercial vehicle must obtain the permission of the Board of Directors of the Association in order to park said vehicle in their driveway.     

Necessary trucks and building equipment may be placed, parked, maintained or stored on any Lot and/or adjacent roadway in said Subdivision during the period of any necessary repair or maintenance of a house or permitted structure on any Lot.

Boats may be kept in driveways between May 1 and October 1 of each year.

Delivery vehicles and moving and storage vehicles shall be permitted for the servicing of houses and permitted structures on any Lot in this Subdivision.

 

Section 13 – Noise.  No Lot or structure situated thereon shall be used or occupied in any manner which produces or emits a sound level to such a degree that the said sound level invades the privacy of any Lot or Lots or the occupants thereof in the said Subdivision In determining acceptable sound levels, the Owners and occupants of the several Lots in the Subdivision should give consideration to the fact that this Subdivision is a residential community and acceptable sound levels shall be judged in this context, giving consideration to the time of day or night and the day of the week when certain sound would be either acceptable or unacceptable. This covenant is directed to, but is not limited to, such sound producing activities as parties and other entertainment; both for adults and children; the operation of power operated devices, such as lawn mowers, chain saws and hedge trimmers; and the playing musical instruments, both singularly and collectively. It shall be the responsibility of each Owner of each Lot to recognize and observe the sound which is generated or produced from each Owner’s Lot and to control the sound which carries past the property lines to the end that each Lot Owner in this Subdivision is afforded sound privacy and consideration measured by the community standard in which the Lots are situated.

Section 14 – Operation of Machinery.  No machinery shall be placed or operated upon any Lot except such machinery as is used in maintenance of a private residence.

           

Section 15 – Recreational Vehicles on Sidewalks and Recreation Parcel.  No electric or gas powered recreational vehicle (mini-bikes, motorcycles, dirt bikes, mopeds, ATVs, motorized scooters, go carts, etc.) shall be permitted on the sidewalks.  (Electric powered children’s miniature vehicles, such as the Power Wheels line are, however, permitted on the sidewalks.)  Likewise, for liability reasons alone, none of the above mentioned vehicles are permitted to be driven on the Recreation Parcel as anything other than a mode of transportation to and from the parcel itself.  The same applies to non-powered vehicles such as bicycles, skateboards, scooters, etc. 

 

Section 16 – Guns and Wildlife.  There will be no discharge of guns, ammunition or explosives. No hunting, trapping, or poisoning of wildlife is permitted, except for rodent control.

Section 17 – Animals.   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 commercial purposes. Furthermore, no dogs, cats or other household pets shall be housed on any Lot or kept on any Lot outside the main permitted dwelling structure. Without limiting the generality of the foregoing, no structure for the housing, exercising or keeping of dogs, cats or other household pets shall be erected on any Lot, including but not limited to, dog kennels, rabbit hutches, dog runs, exercise runs and similar structures.

 

 

ARTICLE VII:  STORM WATER EROSION CONTROL/REMEDIATION

 

Section 1 – Storm Water Erosion Control / Remediation.  Each and every owner is wholly responsible for:

  1. fully complying with (and/or causing such Owner’s builder/contractor to
    comply with) any and all applicable federal, state, county and/or municipal laws, regulations, ordinances or requirements (environmental or otherwise) which pertain to the Owner’s Lot(s) and relate to storm water discharge(s), storm water control and/or erosion control and abatement;
  2. taking (and/or causing such Owner’s builder/contractor to take) all legally required and/or reasonable measures to control storm water runoff from the Owner’s Lot(s) and to prevent erosion or deposit of mud, dirt, sediment, silt and/or other debris, from the Owner’s Lot(s) upon or onto any adjoining Lot(s) and/or any public roadway(s); and
  3. promptly and fully cleaning, removing or otherwise remediating (or causing Owner’s builder/contractor to clean, remove and/or remediate) from or upon any Lot(s) any and all erosion materials which have for any reason(s) (including any construction or building material delivery activities) been deposited thereon or removed thereto from the Owner’s Lot(s).

If any Owner violates or fails to comply with any part(s) or all of the foregoing covenants and restrictions, the Association and/or any and all other Owners shall be entitled to:

(i)        take any and all reasonable measures to address and abate the violation or non-compliance; including, without limitation, pursuing formal legal action and/or cleaning, removing and/or remediating any erosion materials emanating from the violating Owner’s Lot(s); and,

(ii)       recover from the violating/non-compliant Owner any and all reasonable costs and expenses; including, without limitation, reasonable attorney’s fees and/or expert’s fees, which any one or more of them reasonably incurs to enforce the foregoing covenants/restrictions and/or remediate or address any storm water discharge and/or erosion problems or conditions which result from the Owner’s violation or non-compliance.

 

ARTICLE VIII:  EASEMENTS

 

The Association reserves the sole right to grant consents, easements, and rights-of-way for the construction of public or private utility facilities, electric light, telephone and telegraph poles and conduits, cable television lines, security systems, storm sewers, drains and retention basins, gas pipes, sewer and water lines in, over, under and upon any and all highways or roadways now existing or hereafter established upon which any portion of any Lot may now or hereafter front or abut. Trees, shrubbery and/or plantings with woody growth characteristics, and buildings, accessory buildings, fences, walls, and or other obstructions shall not be placed or built within any easement. Such lots are also restricted against changing of the final grade from that described by the approved grading plan. The landscaping within the easement area of each Lot, except for the Basin and Sign easements, shall be maintained continuously by the Owner of the Lot. The holder of any such easement at any time that is necessary in order to make any installation, to carry out any maintenance, or to perform any other such function or operation in accordance with such easements.

 

ARTICLE IX:  ASSOCIATION’S MAINTENANCE OBLIGATIONS

Section 1 – The Retention Basin.  Pursuant to the regulations of the County, a retention basin (the Basin) for the control of the storm waters flowing through the subdivision’s storm sewers has been built on Lots 5, 6, 7, 8, 11, 44, 45, 69, 70, 71 & 72 of the Subdivision. A separate Detention Basin has been built on Lots 38, 39 and 40 for the same purpose.  An easement shall be granted to the Township and County for maintenance of these basins. It shall be the Association’s responsibility to maintain the basins, together with their banks, the waters and the land within the easement.

Section 2 – Subdivision Entrance Signs.  The Association holds all easements created for Subdivision entrance sign(s).  The Association shall maintain the sign(s), together with any trees, shrubs, grass and other plantings located within the easement.

 

Section 3 – Oil/Gas/Mineral Rights.  All oil, gas and mineral rights, deposits and entitlements; including, without limitation, any and all domestic gas line rights and all royalties have been reserved by a previous owner.

 

Section 4 – Association Easement.  The Association shall have a perpetual easement to, over and across the Recreation Parcel, the Entrance Lots and/or any of the Lots upon which there is and/or may be any detention and/or retention basin, swales and/or drainage improvements at or for the Development which shall provide complete and unrestricted access to the Association as and when such access shall become necessary to enable the Association to fulfill all Association functions, obligations and duties consistent with this Declaration and for all purposes thereof.

 

The Association may utilize and benefit from the Association Easement for the care, maintenance and upkeep of the Recreation Parcel, the Entrance Features and detention/retention basins and to perform any and all Association duties and functions.

 

ARTICLE X:  GENERAL PROVISIONS

 

Section 1 – Township’s or County’s Power to Enforce.  It is specifically acknowledged by the Association that the Township and County are third party beneficiaries to this Declaration, and have the same authority to enforce those covenants and restrictions contained herein that relate to the improvements and easements which are a part of the Subdivision.

 

Section2 – Duration.   The Covenants and Restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns and the Township and County.

 

            Section 3 – Notices.  Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.

 

Section 4 – Enforcement.  Enforcement of these Covenants and Restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting violation or to recover damages, and against the land to enforce any lien created by these covenants; and failure by the Association or 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 5 – Binding Effect.  Each Grantee accepting a deed, lease or oilier instrument conveying interest in a Lot or House, whether or not the same incorporates or refers to this Declaration, covenants for himself, his heirs, personal representatives, successors and assigns to observe, perform and be bound by this Declaration.

 

Section 6 – Assignability.  The Association, its successors and assigns, notwithstanding any other provision herein to the contrary, shall at all times have the right to fully transfer, convey and assign all of its rights, title and interest under this Declaration, provided that such transferee, grantee or assignee shall take such rights subject to all obligations also contained herein.

 

Section 7 – Amendments. The terms and conditions of this Declaration may be amended, annulled or waived by an instrument in writing recorded in the public records of Stark County, Ohio, in the following manner and subject to the following conditions:

  1. An amendment, annulment or waiver of any provision hereof shall have been approved at a duly called and held meeting by not less than 66 – 2/3 percent of the membership in person or by proxy.
  2. In addition to the above, the Association shall have the right to amend this Declaration without the consent of any person to correct errors of omission or commission or as required to comply with requirements of any governmental agency or public, quasi-public or private entity, or to bring the Declaration in compliance with the applicable laws, statutes and ordinances.

 

Section 8 – Special Amendment.  The Association shall have the right and power to authorize and record a special amendment to this Declaration at any time and from time to time, which amends this Declaration to correct clerical or typographical errors in this Declaration. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to the Board of Directors to make a special Amendment on behalf of each Owner, as proxy or attorney-in-fact, as the case may be. Each deed, mortgage, other evidence of obligation, or other instrument effecting the Subdivision and the acceptance thereof shall be deemed to be a grant and acknowledgement of, and a consent to the reservation of, the power to the Board of Directors to vote in favor or make and record Special Amendments.

 

Section 9 – Severability.  Invalidation of any one of these Covenants or Restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

Section 10 – Word Usage.  Words used herein in the singular shall be construed to mean the plural, words used in the plural, the singular, words used in the masculine or neuter, the feminine or neuter, whenever the context so requires.

Section 11 – Copy of the Declaration.  A copy of this Declaration of Covenants and Restrictions shall be furnished to the Purchaser of each Lot within the Subdivision prior to the sale of a Lot and receipt thereof shall be acknowledged in the sales agreement.

 

“EXHIBIT A”

“EXHIBIT B”

“EXHIBIT C”