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Bryn Du Woods Covenants
NOTICE TO OWNERS: THIS DECLARATION PROVIDES FOR MANDATORY MEMBERSHIP IN A HOMEOWNERS’ ASSOCIATION, INCLUDING THE OBLIGATION TO PAY ANNUAL ASSESSMENTS TO SUCH ASSOCIATION. FAILURE TO ABIDE BY THE CONDITIONS AND RESTRICTIONS CONTAINED HEREIN, INCLUDING SPECIFIC DESIGN STANDARDS AND THE PAYMENT OF ASSESSMENTS, MAY RESULT IN LEGAL ACTION, FINES, PENALTIES AND INCREASED COSTS, INCLUDING THE OBLIGATION TO PAY THE ASSOCIATION’S LEGAL FEES.
AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS, EASEMENTS, CONDITIONS, AND RESTRICTIONS FOR BRYN DU WOODS SUBDIVISION (ALL PHASES) GRANVILLE, LICKING COUNTY, OHIO
This Amended and Restated Declaration of Covenants, Easements, Conditions, and Restrictions is made as of the 15th day of July, 2011, by Bryn Du Woods Association, Inc., an Ohio nonprofit corporation (the “Association”).
A. The Association is the homeowners’ association for Bryn Du Woods Subdivision of Granville, Ohio, the residential subdivision on the real estate described in the attached Exhibit A, incorporated herein by reference (the “Property” or “Bryn Du Woods”);
B. Bryn Du Woods has been subject to protective covenants and restrictions which are recorded with the Office of the Licking County, Ohio Recorder as set forth in the attached Exhibit B, incorporated herein by reference;
C. The Association, for the benefit of all of the homeowners and residents in Bryn Du Woods, would like to amend and restate the protective covenants and restrictions applicable to Bryn Du Woods and to create a uniform statement of the protective covenants and restrictions applicable throughout the entire Property;
D. The Association desires to continue to restrict the use and occupancy of the Property for the protection of the Property and for the present and future owners of the Property;
E. The Association declares that all of the Property shall be held, developed, encumbered, leased, occupied, improved, used, and conveyed subject to the following covenants, easements, conditions, and restrictions (the “Protective Covenants”), which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner of any portion of the Property.
This Declaration is hereby declared to inure to the benefit of all future owners of any Lot (as hereinafter defined) and all others claiming under or through them (“Owners”); the Association, its successors and assigns; and all utility companies or agencies or instrumentalities of local government providing utility services.
It is hereby declared that irreparable harm will result to the Association and to other beneficiaries of this Declaration by reason of violation of the provisions hereof or default in the observance thereof and therefore, the Association and each Owner shall be entitled to relief by way of injunction, damages or specific performance to enforce the provisions of this Declaration as well as any other relief at law or in equity.
NOW THEREFORE, in pursuance and continuation of a general plan for the protection, benefit and mutual advantage of Bryn Du Woods Subdivision and of all persons who now are or >may hereafter become owners of any of the Property, the following restrictions, conditions, easements, covenants, obligations and charges are hereby created, declared and established and do hereby supersede all of the heretofore applicable restrictive covenants and restrictions on all Phases of Bryn Du Woods Subdivision, except as otherwise specifically provided herein:
Article 1: Applicability
This Declaration shall apply to the entire Bryn Du Woods Subdivision as described on the attached Exhibit A.
This Declaration amends, restates and supersedes all of the heretofore applicable restrictive covenants and restrictions on Bryn Du Woods Subdivision, including those listed on Exhibit B, except as otherwise specifically provided herein. If and to the extent that the terms >and conditions of this Declaration are in conflict with any of the heretofore applicable restrictive covenants and restrictions on Bryn Du Woods Subdivision, then this Declaration shall be deemed controlling, except for those previously applicable restrictions and covenants that are specifically incorporated herein.
Article 2 - Definitions
§2.01 Annual Assessment: shall mean the amount to be paid to the Association by each Owner annually.
§2.02 Assessments: shall collectively refer to Annual Assessments and Lot Assessments.
§2.03 Association: shall mean BRYN DU WOODS ASSOCIATION, INC., a non-profit Ohio corporation, and its successors and assigns, being the homeowners’ association for Bryn Du Woods Subdivision.
§2.04 Association Documents: shall mean the formative documents of the Association,including the articles of incorporation, code of regulations, and any and all procedures, rules, regulations or policies adopted by the Association.
§2.05 Board: shall mean the Board of Trustees or of the Association, or its successor.
§2.06 Bryn Du Woods: shall mean the residential community on the Property.
§2.07 Building: shall mean a roofed and walled structure, including detached structures, together with all projections and extensions thereof, including, but not limited to, garages, porches, canopies, shelters and storage areas.
§2.08 Common Property: shall mean all real and personal property now owned or hereafter acquired and owned by the Association for the common use and enjoyment of the Owners, or if not owned by the Association, real or personal property for the maintenance of which the Association is responsible under the terms of this Declaration, applicable zoning regulations, or under any other agreement or instrument to the terms of which the Association is bound. Common Property may include land designated by plat as “dedicated open space”, “reserves”, “common area” or a similar designation.
§2.09 Golf Course: shall mean the Granville Golf Course, an eighteen-hole championship golf course, parts of which are adjacent to parts of the Property.
§2.10 Improvements: all man-made or man-installed alterations to the Property which cause the Property to deviate from its natural condition, including but not limited to buildings,outbuildings and garages; overhead, aboveground and underground wires, towers, cables, conduits, poles, antennae and satellite dishes; flagpoles; swimming pools and tennis courts; slope and drainage alterations; roads, driveways, uncovered parking areas and other paved areas; fences, trellises, walls, retaining walls, exterior stairs, decks, patios and porches, trees, hedges, shrubs and other forms of landscaping and all other structures of any other type.
§2.11 Lot: shall mean a part of the Property which constitutes a single parcel for purposes of real estate taxation or two or more of such parcels which are contiguous, are commonly owned and collectively constitute a single residential building site.
§2.12 Lot Assessment: shall mean an assessment that the Board may levy against one or more Lots to fine such Lot(s) for violations as provided herein, or to reimburse the Association for costs or damages incurred on behalf of those Lot(s), including without limitation, costs associated with making repairs that are the responsibility of the Owner of those Lots; costs of additional insurance premiums specifically allocable to an Owner; costs of any utility expenses chargeable to an Owner but not separately billed by the utility company; attorney fees; and all other charges reasonably determined to be a Lot Assessment by the Board.
§2.13 Member: shall mean any person or entity entitled to membership in the Association, as provided herein.
§2.14 Owner: the record owner, whether one or more persons or entities, of fee simple title to a Lot, including contract sellers, but excluding those having an interest merely as security for performance of an obligation.
§2.15 Property: all of the real property described in Exhibit A attached hereto and such additional property as may be annexed by amendment to this Declaration, or that is owned in fee simple by the Association, together with all easements and appurtenances and improvements.
§2.16 Resident: shall mean and include each person lawfully residing on any Lot including the members of the immediate family of each such person actually residing in the same household.
§2.17 Rules: shall mean any rules and regulations governing the use of the Property as may be established by the Board from time to time.
Article 3 - Goals
The covenants, easements, conditions and restrictions contained in this Declaration are declared to be in furtherance of the following purposes:
A. Compliance with all zoning and similar governmental regulations;
B. Promotion of the health, safety, and welfare of all Owners and Residents of the Property;
C. Preservation, beautification, and maintenance of the Property and all Improvements; and
D. Enforcement of the requirements for Improvements to the Property and the use of the Property, including the Bryn Du Woods Design Standards and these Protective Covenants.
Article 4 - Association Powers; Membership and Voting Rights; Annual Assessments
§4.01 Governance: The Association shall be governed by a Board of Trustees. Voting and all other matters regarding the governance and operation of the Association shall be set forth in the Association Documents.
§4.02 Members: Every Lot shall be deemed to have a membership in the Association, and by acceptance of a deed to property in Bryn Du Woods the Owner of such Lot agrees to and acknowledges being a Member of the Association. No Owner, whether one or more persons, shall have more than one membership per Lot owned. In the event that an Owner consists of more than one person, such persons collectively shall have one membership in the Association in common. The Association’s Code of Regulations shall set forth further voting rules for a Lot owned by more than one person. Voting is by “Member”, not by “Owner”; in other words; any one Lot, whether owned by one or more persons, is entitled to only one vote in the Association.
Membership is a right appurtenant to and inseparable from an Owner’s fee simple title in a Lot, and such right of membership shall automatically transfer to any transferee of fee simple title to a Lot at the time such title is conveyed or at such time as a land installment contract is entered for the conveyance of fee simple title. The foregoing is not intended to include persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest or mortgage shall not terminate an Owner’s membership.
§4.03 Annual Assessments: The Board shall determine what fees and dues shall be paid by the Members, the amounts thereof and when the same shall be due and payable, but all such fees and dues shall be apportioned equally on a per Lot basis among all Members (“Annual Assessments”). The due date (“Due Date” or “Effective Date”) shall be set forth in a written notice to each Owner annually, at least ten calendar days prior to such date. The Board’s remedies for nonpayment of the Annual Assessment are set forth in Article 8, below.
All such fees and dues shall be used by the Board, without profit, solely in carrying out its purposes set forth herein and in the Association Documents and shall not exceed the maximum amount per Lot per calendar year, unless the same shall have been approved by Members entitled to exercise not less than a majority of the total voting power of the Members. The “Maximum Amount” for each calendar year, as used herein, shall mean the greater of One Hundred Dollars ($100) or a sum of money having, as of January of that calendar year, a purchasing power equal to One Hundred Dollars ($100) as of January, 1987, which sum shall be determined by increasing or decreasing One Hundred Dollars ($100) by the same percentage by which the Consumer Price Index for All Urban Consumers (All-Items, U. S. City Average) published by Bureau of Labor Statistics of the United Stated Department of Labor for January of such year has increased or decreased in comparison with such Index (using the same reference base) for January, 1987. If publication of such Index is discontinued or if the reference bases are so changed that such Index no longer fairly represents changes in consumer prices from those as of January, 1987, adjustments in the maximum amount for any calendar year shall be made in accordance with such other index as will fairly reflect such changes.
§4.04 Personal Property and Real Property for Common Use. The Board may acquire, hold,mortgage and dispose of tangible and intangible personal property and real property in the name of the Association.
§4.05 Rules and Regulations. The Board may make and enforce reasonable rules and regulations governing the use of the Property, which shall be consistent with this Declaration and the Association Documents. The Board shall have the power to impose sanctions on Owners for violations of these Restrictions, including without limitation: (i) reasonable monetary fines which shall be considered Lot Assessments, (ii) suspension of the right to vote as a Member of the Association, and (iii) suspension of the right to use the Common Property. In addition, the Board shall have the power to seek relief in any court for violations or to abate reasonable disturbances. If the Board expends funds for attorneys’ fees or litigation expenses in connection with enforcing this Declaration, the Association Documents or the Rules against any Owner, tenant, guest or invitee of any Owner, the amount shall be due and payable by such Owner and shall be a Lot Assessment against such Owner’s Lot.
§4.06 Implied Rights. The Association, acting through the Board, may exercise any other right or privilege given to it expressly by the laws of the State and this Declaration, and every other right or privilege reasonably implied from the existence of any right or privilege granted in this Declaration, or reasonably necessary to effect any such right or privilege.
§4.07 Books, Records. Upon reasonable request of any Member, the Board shall be required to make available for inspection all books, records and financial statements of the Association. A reasonable fee may be charged to cover the costs of handling, copying and/or delivering such books and records to a Member who requests the same.
Article 5 - Common Property
§5.01 Designation of Common Property: The Association may own, and currently owns, parts of the Property for park and recreational purposes. Upon designation by the Board of any part of the property owned by the Association as Common Property, the Board shall cause a declaration stating that such land has been so designated to be recorded among the records of the Recorder of Licking County, Ohio. No part of the property shall be Common Property subject to the rights and easements of enjoyment and privileges hereinafter granted unless and until the same shall have been so designated and the above described declaration shall have been filed in accordance with the foregoing procedures. Common Property shall remain such in perpetuity, subject only to the provisions of §5.06.
The Common Property as of the date of this instrument is listed in Exhibit C, incorporated herein by reference, and such Exhibit shall constitute a declaration of the designation of the Association’s Common Property.
§5.02 Use of Common Property: Each owner shall have a right and easement to use and enjoyment in the Common Property in common with the other owners. Such right and easement shall be appurtenant to each Lot and shall not be transferable except as they shall automatically transfer with the transfer of the ownership of the Lot. Each resident shall have a non-transferable privilege to use and enjoy the Common Property in common with the other residents. For the purposes of this Article 5 only, the terms “owner” and “resident” shall also include employees, guests, invitees, and tenants of any owner or resident, if and to the extent the Board, in its absolute discretion, so directs. All such rights, easements and privileges in this §5.02 set forth, however, shall be subject to the further provisions of this instrument and the right of the Board to promulgate and adopt reasonable rules and regulations pertaining to the use of the Common Property, which in the sole discretion of the Board will serve to promote the safety and convenience of the users of the Common Property and will be in the interests of the owners and residents and Bryn Du Woods as a whole, including, without limitation on the foregoing, making the Common Property available for use by churches, school boards, other community and civic organizations, and the community at large, with or without charge.
§5.03 Authority to Charge Admission and Other Fees: The Board shall have the power and authority to charge owners, residents and other users of the Common Property, or any one or more of the foregoing, reasonable admission, use, or other fees in connection with the use of the Common Property. In establishing such admission and other fees, the Board may, in its absolute discretion, establish reasonable classifications of owners, residents and of members of the community at large. Such admission and other fees must be uniform within each such class, but need not be charged to all classes or be uniform from class to class.
§5.04 Authority to Borrow Funds: The Board shall have the power and authority to borrow money for the purpose of improving the Common Property and, in aid thereof, to mortgage the same, and the rights of any such mortgagee shall be superior to the easements and privileges herein granted and assured.
§5.05 Suspension of Right to Use Common Property: The Board shall have the power and authority to suspend the right of any owner (and the privilege of each resident claiming through such owner) of use of the Common Property for any period during which any fee or charges payable by such owner to the Association, or any installment thereof, remains overdue and unpaid by such owner, or in connection with the enforcement of any condition, covenant, restriction or agreement imposed by this deed, of any rules and regulations relating to the use of such facilities in accordance with the provision of this Article 5, or of any condition, covenant, restriction, agreement, rule or regulation relating to the use of any portion of the property.
§5.06 Authority to Convey Common Property: Notwithstanding the rights, easements and privileges granted under this Article 5, the Association shall nevertheless have the power and authority to convey or dedicate any property or an easement or right of way over any property referred to in §5.01 hereof free and clear of all such rights, easements and privileges if such conveyance or dedication is for a public purpose or to a public or private utility for the installation, operation and maintenance of utility services. Any such conveyance or dedication for a purpose other than the installation, operation and maintenance of utility services shall be made only if it is authorized by the affirmative vote of Members of the Association entitled to exercise not less than a majority of the total voting power of the Members present in person or represented by proxy at a meeting (annual or special) called for such purpose.
Article 6 - Administration and Approval Requirements
§6.01 Bryn Du Woods Design Standards: The Association shall continue to maintain and preserve the “Bryn Du Woods Design Standards” also referred to herein as the “Design Standards”, which are specific architectural guidelines and standards to carry out the intent of these Protective Covenants. The Bryn Du Woods Design Standards are available to any Resident upon request. Through the Bryn Du Woods Design Standards, the Board has implemented and will implement design concepts which will provide for the combining of good design with respect for the natural environment, the blending of buildings into the landscape, the establishment of consistent design and logical relationships to buildings, requiring the size, scale or character of a building to be compatible with neighboring structures, disturbing a minimum of existing grades and contours, utilizing as exterior building materials natural materials such as wood, brick, stone or tile and utilizing as exterior colors earth tones (browns, tans, dusty greens, warm grays and rusty red) which blend well with the trees, meadows and natural environment.
All Property at any time subject to this Declaration shall be governed and controlled by this Article. Bryn Du Woods is a planned community, and the Board requires strict adherence to the Bryn Du Woods Design Standards and the processes established herein, for the benefit of the Association, the Bryn Du Woods community, and present and future Owners and Residents.
§6.02 Association’s Actions: The Board will exercise its best judgment to see that all Improvements on the property conform to Bryn Du Woods Design Standards as to external design, quality and types of construction, materials, colors, setting, height, grade, finished ground elevation, landscaping and tree removal. The actions of the Board, through its approval or disapproval of plans, specifications and other information submitted pursuant hereto, shall be conclusive and binding on all interested parties.
§6.03 Requirement of Approval: No Improvement, change, construction, addition, excavation, landscaping, tree removal, or other work or action which in any way alters the exterior appearance of any part of the property from its natural or improved state shall be commenced or continued until and unless plans and specifications for the same shall have been approved in writing by the Board, except as otherwise specifically provided herein. This includes, without limitation, the alteration of surfaces of existing Improvements; a change in paint color or roofing material; the construction or modification of any structures, decks, patios, or fencing; or any installation of any recreational device.
Approval shall be requested by submission to the Board of such plans and specifications, in duplicate, showing the following:
(a) Existing and proposed land contours and grades;
(b) All Buildings, and other Improvements, access drives, and other improved areas, and the locations thereof on the site;
(c) All landscaping, including existing and proposed tree locations and planting areas (and species thereof), mail boxes, and exterior ornamentation;
(d) Plans for all floors, cross sections and elevations, including projections and wing-walls;
(e) Exterior lighting plans;
(f) Walls, fencing, and screening;
(g) Patios, decks, pools, and porches;
(h) Signs and parking areas;
(i) Samples of materials to be used to the extent requested by the Board; and
(j) Such other information, data, and drawings as may be reasonably requested by the Board.
Specifications shall describe types of construction and exterior materials to be used, including, without limitation, the colors and manufacturers thereof.
§6.04 Governmental Regulations: Each part of the Property is subject to all present and future applicable laws, ordinances, rules, regulations and order of the United States Government, the State of Ohio, Licking County, the Village of Granville, and any other political subdivision having jurisdiction and any administrative agency of any of the foregoing. Nothing herein shall be construed as permitting any action or condition prohibited by such applicable laws, ordinances, rules, regulations and orders. In the event of any conflict between any such applicable laws, ordinances, rules, regulations and orders and these Protective Covenants, the most restrictive provisions of each shall govern and control.
§6.05 Basis of Approval: Approval shall be based, among other things, upon conformity and harmony of the proposed Improvements with other Improvements in Bryn Du Woods; the effect of the location and use of the proposed Improvements on neighboring property; and conformity of the proposed Improvements to be purpose and general intent of the Bryn Du Woods Design Standards and these Protective Covenants.
§6.06 Failure to Approve or Disapprove: If the Board fails either to approve or disapprove the plans and specifications for any proposed Improvements within thirty (30) calendar days after the same have been delivered to the Board either personally or by certified mail, it shall be presumed that the Board has approved said plans and specifications.
§6.07 Liability Relating to Approvals: Neither the Association nor any of its respective officers, directors, trustees, agents, employees, shareholders or members shall be liable to anyone by reason of mistakes in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve plans and specifications. Each person or entity who submits plans and specifications to the Board agrees, by the submission of such plans and specifications, that he or it will not bring any action or suit against the Association or any of its respective officers, directors, trustees, agents, employees, shareholders or members for damages resulting from any such mistake in judgment, negligence or nonfeasance.
§6.08 Requirement of Completion; Notice of Completion; Non-Compliance or Non-Completion: An Owner shall cause any Improvement in or to the Property to be diligently pursued to completion within twelve months of the commencement of construction. Upon the completion of any Improvement, the person or entity who completed the same may file with the Board a notice of completion and compliance which shall give rise to a conclusive presumption in favor of such person or entity and any Owner of the part of the Property on which the Improvement is located and any encumbrancer acting in good faith and for value that said Improvement is completed and in compliance with all provisions of this Article 6 and the construction requirements of Article 7, unless within thirty (30) calendar days of said filing the Board gives actual notice of non-compliance or non-completion. Notice of non-compliance or non-completion will be considered to be delivered when it is posted on or about the Improvement in question. In the event any Improvement in the Property is, by virtue of this §6.08, conclusively presumed to be completed and in compliance with all provisions of this Article 6 and the construction requirements of Article 7, such person or entity and any such Owner and any such encumbrancer may at any time request in writing that the Board issue a certificate certifying that said Improvement is completed and in compliance with all provisions of this Article 6 and the construction requirements of Article 7, which certificate shall be issued by the Board within fifteen (15) business days of its receipt of written request therefor, and which certificate shall be conclusive evidence that said Improvement is completed and in compliance with all provisions of this Article 6 and construction requirements of Article 7.
6.09. Variances. To avoid unnecessary hardship and/or to overcome practical difficulties in the application of the provisions of this Declaration, the Board shall have the authority to grant reasonable variances from Bryn Du Woods Design Standards, provided that the activity or condition is not prohibited by applicable law; and provided further that, in its judgment, the variance is in the best interest of the community and is within the spirit of the Bryn Du Woods Design Standards. No variance granted pursuant to this Section shall constitute a waiver of any provision of this Declaration as applied to any other person or any other part of the Property. For purposes hereof, conditions that create “unnecessary hardship” and/or “practical difficulty” shall not include conditions that result from or are created by the lifestyle decisions or actions of the Owner, but shall be limited to conditions related to the size, configuration, specific location, topography and/or other conditions on a Lot that differ from conditions typically existing in the subdivision, and which render the application of the strict terms of this Declaration or of the Bryn Du Woods Design Standards impractical or unreasonable. By way of example and not limitation, a homeowner’s desire to have a dog that has the physical ability to jump over a fence that is of the maximum height permitted hereunder shall not entitle the Owner to a variance for a taller fence, whereas a Lot with significant topographical variations may be entitled to a variance as to fence height at certain locations.
§6.10 Lot Assessments: The Board may, in addition to all other costs, charges, and any other Lot Assessments levied against a Lot for failure to comply and the cost of causing compliance with the provisions of this Article 6, levy additional Lot Assessments against any Lot as follows:
(a) $2500 for each violation of this Article;
(b) a charge of $100 per day that any such violation remains uncorrected, to commence on the first day following the Effective Date / Due Date of the Lot Assessment, as defined in Article 8, below.
Such Lot Assessments are further governed by Article 8, below.
Article 7 - Land Use
§7.01 Restrictions as to Use of Lots and Size, Height and Location of Buildings: Reserves A (Phase I), B (Phase III), I and J (Phase IV), A and B (Phase V), and A (Phase VI) of Bryn Du Woods shall be used only for storm water ponding and drainage and for park and recreational purposes.
Phase I (Lots No. One (1) through Forty-six(46)); Phase II (Lots No. Sixty-Three (63) through Seventy-Six (76); Phase III (Lot Nos. Forty-Seven (47) through Sixty-Two (62) and Seventy-Seven( 77) through Ninety-Five (95)); Phase IV (Lot Nos. Ninety-Six (96) through One Hundred Forty-Nine (149) and One Hundred Fifty-Five (155)); Phase V (Lot Nos. Five Hundred One (501) through Five Hundred Twenty-Five (525); Phase VI (Lot Nos. One Hundred Fifty (150) through One Hundred Fifty-Four (154)), all numbers inclusive, of said subdivision shall be used only for private residential purposes and purposes incidental thereto, and no such lot shall be subdivided without the written consent of the Board endorsed on the instrument or plat effecting such subdivision. Not more than one dwelling house for a single, private family and buildings and structures accessory thereto shall be erected on any such lot.
Phases I and II: Each one-story dwelling house shall have a minimum floor area of 1,700 square feet. Each one and one-half-story dwelling shall have a minimum floor area on the main or ground floor of 1,200 square feet. Each two-story dwelling house shall have a minimum floor area on the main or ground floor of 1,300 square feet. Each other dwelling house, including split levels, shall have a minimum floor area of 1,800 square feet. In computing floor areas, basements, attics, garages, garage spaces, porches and decks shall be excluded.
Phase III: Each one-story dwelling house shall have a minimum living floor area of 2,500 square feet. Each one and one-half-story dwelling house shall have a minimum living floor area on the main or ground floor of 1,500 square feet. No dwelling house shall have a minimum finished living floor area of less than 2,500 square feet.
Phases IV, V, VI: Each one-story dwelling house shall have a minimum living floor area of 2,500 square feet. Each one and one-half-story dwelling house shall have a minimum living floor area on the main or ground floor of 1,500 square feet. Each two-story dwelling house shall have a minimum living floor area on main or ground floor of 1,300 square feet. No dwelling house shall have a minimum finished living floor area of less than 2,500 square feet. In computing floor areas, basements, attics, garage spaces, porches and decks shall be excluded.
No Building may be constructed on the Property having a height greater than thirty-five (35) feet measured from the finish grade of the Property at the main entrance of the Building to the ridge of the roof or to any other element of the Building (excluding chimneys, flues, and vents).
No Building, wall, fence or other structure shall be constructed, placed or maintained on any lot nearer to a perimeter boundary line of such Lot than the building setback line applicable thereto set forth on the recorded subdivision plat containing such Lot. No Building shall be constructed, placed or maintained on any Lot nearer than ten (10) feet to any perimeter boundary line of such Lot to which a platted building setback line is not applicable.
The following previous amendments to the Bryn Du Woods Protective Covenants, filed with the Office of the Licking County Recorder, are hereby incorporated herein by reference and shall remain in full force and effect:
(A) Official Record Volume 360, Pages 495 through 497, concerning the set back line for Lot 34 of Phase I;
(B) Official Record Volume 394, Pages 594-595, concerning Lots 1 and 2 of Phase I.
§7.02 Temporary Improvements: No temporary building of structures shall be permitted on any Lot, provided, however, trailers, temporary buildings, barricades and the like shall be permitted for construction purposes during the construction period of a permanent building if the Board shall have theretofore approved in writing the design, appearance, and location of the same. All such trailers, temporary buildings, barricades and the like shall be removed not later than fourteen (14) calendar days after the date of completion of the building(s) for which the same were permitted, and shall be permitted on a lot for no longer than a period of one (1) year, unless a variance is granted by the Board, in its sole discretion.
§7.03 Antennas: No antenna for transmission or reception of television signals or any other form of electromagnetic radiation shall be erected, used or maintained on the Property outside any Building, whether attached to an Improvement or otherwise, without the prior written approval of the Board; provided, however, that dish antennas which are one meter or less in diameter or diagonal measurement shall be allowed, so long as their placement is not in violation of any other applicable law, such as building or fire codes, and so long as they are erected and installed to minimize visibility from the street which the dwelling fronts.
§7.04 Utility Service: No lines, wires or other devices for communications purposes, including telephone, television, data and radio signals, or for transmission of electric current or energy, shall be constructed, placed or maintained anywhere in or upon the Property unless the same shall be in or by conduits or cables constructed, placed and maintained underground or concealed in, under or on Buildings, or other approved Improvements; provided, above ground electrical transformers and other equipment may be permitted if properly screened and approved by the Board. In addition, all gas, water, sewer, oil and other pipes for gas or liquid transmission shall also be placed underground or within or under Buildings. Nothing herein shall be deemed to forbid the erection and use of temporary power or telephone services incident to the construction of approved Improvements. All service entries and conduits shall be painted to blend with the Building they serve. No window air-conditioners shall face any street or the Golf Course. All air-conditioning condensers and other mechanical equipment shall be permanently screened from any street, neighboring properties and the Golf Course.
§7.05 Site Placement: All Buildings and other Improvements shall be placed so that the existing topography and landscape shall be disturbed as little as possible, and so that the maximum number of desirable trees and other natural features will be preserved. Trees in natural areas shall be protected by a temporary fence during construction. Retaining walls, mounding, and stepping of slopes shall be utilized as much as possible to keep the natural appearance of the site. Graded portions of Lots outside the building area shall be kept at existing grade or shaped not to exceed a four to one slope. Storm water from buildings and pavement shall be carried away by pipe or swale to the nearest storm sewer or natural waterway.
§7.06 Parking, Loading and Unloading Areas: Adequate off-street parking must be provided for all residential units. Specifically, each single-family dwelling house must have at least a two-car covered and enclosed garage, plus additional off-street parking for at least two cars. As used herein, “car” shall mean a full-sized automobile, as opposed to a compact or subcompact automobile.
§7.07 Service Screening, Storage Areas: Garbage and refuse shall be placed in containers, which shall be concealed and contained within Buildings, or shall be concealed by means of a screening wall of materials similar to and compatible with that of the Building or Buildings on the Lot, or shall be concealed by sufficient landscaping to provide a permanent screen at all times of the year. These elements shall be integrated with the building plan, be designed so as not to attract attention, and shall be located in such an inconspicuous manner as is reasonably possible. Unless specifically approved by the Board in writing, no materials, supplies or equipment shall be stored on the Property except inside a closed Building, or behind a visual barrier screening the storage areas so that they are not visible from neighboring streets or properties. Metal storage sheds and other prefabricated out-buildings are not permitted.
§7.08 Street, Drives, Curbs and Walks: Streets, drives, curbs and walks shall be constructed or altered only in accordance with plans and specifications submitted and approved in writing by the Board. All drives and parking areas shall be paved. No gravel or stone drives or parking areas shall be permitted. No drive or parking area shall be constructed or maintained on any lot nearer than five feet to any perimeter boundary line that is not coincident with a street right-of-way line.
§7.09 Storage Tanks: No storage tanks, including, but not limited to, those used for storage of water, gasoline, oil, other liquids or any gas, shall be permitted on the Property outside a building except as approved by the Board, in its sole discretion, except that propane gas grills are permitted.
§7.10 Building Exteriors: All windows, porches, balconies and the exteriors of Buildings shall at all times be maintained in a neat and orderly manner. No clotheslines or other outside drying or airing facilities shall be permitted. Finish building materials shall be applied to all sides of the exteriors of Buildings. Exterior colors shall be harmonious and compatible with colors of the natural surroundings and other adjacent Buildings. White is a permitted color. Roofs shall have a minimum pitch of four/twelve in Phases I and II, and a minimum pitch of six/twelve in Phases III through VI. Roof coverings shall be of approved twenty-five year asphalt shingles, wood, metal, slate or tile. White roofs are prohibited. Gutters (except copper), fascias and rake boards shall be stained or painted to blend with the roof. Downspouts (except copper) shall be painted to blend with the Building’s exterior colors. Roof ends, fans, vents and flashing (except copper) shall be painted to match the roof. No more than three materials shall converge at any point on a Building. All sides of a Building shall be detailed and finished in a similar fashion. If a material is not used on the front of the Building in a significant quantity, (as determined by the Board), then it cannot be used on the other sides of the Building. All window frames shall be of wood or wood with cladding and all four sides the same. Awnings shall not be used unless they are cloth type and blend with the Building’s exterior colors. Aluminum storm and screen doors may be used only if their finish blends with the Building’s exterior colors. Aluminum and vinyl siding are prohibited. Fiber cement siding shall be permitted upon written approval of the Board. Garage doors shall blend with the Building of which they are a part, of one color and be of wood or wood-based material. Artificial stone may not be used except on chimneys. Stucco must blend with natural earth colors, and shall not be applied to more than forty percent (40%) of the exterior surface of the structure. All chimneys must be faced on the outside with stone, artificial stone, thin brick or brick. Aboveground portable pools shall not be installed. In-ground swimming pools shall be visually screened from all four sides of the Lot and the location must be approved by the Board. Basketball backboards shall not be placed close to the street or sidewalk. All outdoor lighting shall be positioned so as not to disturb neighboring property owners. Open-bulbed lanterns with direct glare may not be used. There shall be one mail box per Lot, which shall be compatible with the natural surroundings and nearby Buildings.
All matters covered by this Section 7.10 are subject to the Bryn Du Woods Design Standards and to approval by the Board.
§7.11 Outdoor Activities: Outdoor hobbies or activities that tend to detract from the aesthetic character of the Property, and Improvements used in connection with such hobbies or activities, shall not be permitted unless carried out or conducted as directed by the Board. This paragraph has reference to, but is not limited to, such activities as automotive and boat repair and sporting activities involving equipment placed on the Property.
§7.12 Fences: Fences shall be built from stone, wood, brick, wrought iron or plantings and shall range in height from a minimum of two feet (2’) to a maximum of six feet (6’). Except for fences existing at the time of the execution of this instrument along perimeter boundary lines of the Property which divide the Property from other real property not a part of Bryn Du Woods Subdivision, no chain link or wire fencing shall be constructed, placed, or maintained anywhere in or on any part of the Property which is visible from any surrounding part or parts of the Property except property abutting the Property which is not a part of Bryn Du Woods Subdivision.
The location of any fencing must be approved by the Board as set forth in Article 6.
§7.13 Signs: No signs whatsoever (including, but not limited to, commercial, or similar signs) shall be erected or maintained on the Property except:
(a) Such signs as may be required by law;
(b) One sign at any one time carrying the legend “For Sale” or “For Lease”;
(c) Political signs may be displayed for a period of time per the Granville Village Code;
(d) Signs supporting student school activities may be displayed with specific permission from the Board;
(e) One sign during the construction or renovation of an Improvement of each company or person involved in such construction or renovation;
(f) One security system sign.
No sign shall have an area greater than three square feet.
§7.14 Landscaping: . All shrubs, trees, grass and plantings of every kind shall be kept well-maintained, properly cultivated and free of trash and other unsightly material. Landscaping shall be installed no later than one hundred eighty (180) calendar days following occupancy of or completion of the construction of any Building, whichever occurs first. Any installation or change in landscaping must be approved by the Board per Article 6, and is subject to the Bryn Du Woods Design Standards.
§7.15 Condition of the Property and Nuisances: Each part of the Property and all Buildings, structures, appurtenances, screening, fences, parking areas, driveways, walls, landscaping and other Improvements of whatever nature thereon shall be maintained at all times in a safe, clean and wholesome manner and in first class condition and repair, replacements being made if necessary. No rubbish or debris of any kind shall be placed or permitted to accumulate upon, and no odors shall be permitted to arise or be emitted from, any part of the Property so as to render such part unsanitary or unsightly, offensive or detrimental to any other part of the Property or the occupants thereof. No exterior lights, the principal beam of which shines upon portions of the Property other than the Lot upon which they are located, or which otherwise cause unreasonable interference with the use and enjoyment of any other part of the Property by the occupants thereof, and no speakers, horns, whistles, bells or other sound devices, shall be located, used or placed on the Property, except security devices used exclusively for security purposes which are activated only in emergency situations or for testing thereof. During construction, each Owner or his or its contractors shall at all times be responsible for keeping his or its Lot and adjoining premises free from the accumulation of waste materials and rubbish, and shall keep streets and driveways clear of mud caused by the construction operations. If any Lot is not being maintained as required, the Board may give its Owner written notice of such fact, and if the Owner fails to comply with this provision within fifteen be completed within fifteen calendar (15) days and if the required work is commenced within said fifteen (15) day period and thereafter is continued with due diligence and dispatch), the Board shall have the right to enter upon the lot and perform the required maintenance or repairs at the expense of the Owner. The Board shall give written notice of the cost of such maintenance or repairs to the Owner and such cost shall be reimbursed by the Owner to the Association within ten (10) business days after the date of such notice. If the cost is not reimbursed, a Lot Assessment may be imposed pursuant to Article 8 herein.
§7.16 Right of Entry: The duly authorized agents, officers, contractors, and employees of the Board shall have a right of entry and access to the Property, including without limitation the Lots, for the purpose of performing the Association’s rights or obligations set forth herein, including the right to determine whether or not the provisions of these Protective Covenants are being complied with and the right to correct or remedy any failure to comply. Any such entry shall occur only during reasonable hours and upon 72 hours advance notice to the Owner from the Board. Such entry shall not be deemed a trespass. Notwithstanding the foregoing, an occupied Building shall not be entered.
§7.17 Mineral Exploration: The Property shall not be used in any manner to explore for, use or exploit commercially any water, oil or other hydrocarbons, minerals of any kind, gravel, earth, soil, or any other substance located in or under the ground.
§7.18 Machinery and Equipment: No commercial machinery or equipment of any kind shall be placed, operated or maintained upon the Property except such machinery or equipment reasonably necessary for use in connection with maintenance or construction of Improvements as approved by the Board.
§7.19 Vehicles, Trailers, Boats, Commercial Vehicles, or Motor Homes: No automobile or motor driven vehicle may be left upon the Property for a period longer than five (5) calendar days in a condition such that it is incapable of being operated upon the public highways. After such time, the vehicle shall be considered as a nuisance and detrimental to the welfare of the neighborhood and must be removed from the Property. No towed vehicle, boat, motor home or mobile home shall be left or kept on any part of the Property for a period longer than twenty-four (24) hours, and after the expiration of twenty-four (24) hours any such towed vehicle, boat, motor home or mobile home shall be considered a nuisance and detrimental to the welfare of the neighborhood and must be removed from the Property. The foregoing, however, does not apply to such boats or other vehicles, whether motor-driven or towed, as are stored wholly within a Building. No commercial vehicles may be parked, stored or temporarily kept on the Property, except when stored wholly within Buildings or except when there temporarily to service existing Improvements or to be used in connection with the construction of Improvements on the Property.
§7.20 Animals: No animals, birds, insects, livestock or poultry of any kind shall be raised, bred, or kept on the property except dogs, cats and other household pets which are kept for domestic purposes only, and are not kept, bred or maintained for any commercial purpose. No more than two dogs and two cats may be kept on any Lot or in any Building or combination of Buildings on any Lot except when such dogs or cats in excess of such number are less than three months of age, or with the permission of the Board, in the Board’s sole discretion.
All domestic pets shall be properly restrained and shall not be permitted to roam free or loose on the Property, other than on the Lot of the owner of such pet(s). No animal, including a domestic pet, shall be kept on the Property if the size, type, or characteristics of such animal constitute a nuisance. Proper Lot maintenance as required elsewhere herein shall include the obligation to regularly remove pet waste from an Owner’s Lot.
§7.21 Removal of Trees: In order that the natural beauty of the Property may be preserved, no living tree having a caliper measurement or diameter of six (6) inches or more shall be destroyed or removed from the Property unless by natural causes or with prior written approval of the Board. Notwithstanding Section 7.14 herein, a living tree having a caliper measurement of less than six (6) inches may be destroyed or removed from the Property at the option of the Owner.
In the event of a violation of the foregoing paragraph, the Board, and its representatives, may, at its option, cause any tree so removed or destroyed to be replaced with another tree, and the Owner of the part of the Property from or on which the tree was removed or destroyed shall reimburse the Association for all expenses incurred by it; provided, however, that with respect to the replacement of a tree there shall be no obligation of reimbursement in any amount in excess of the expenses which would be incurred if the destroyed or removed tree were replaced with a tree similar in type and size.
Each Owner shall promptly attend to the removal or trimming of any fallen tree limbs or fallen or damaged trees located on the Owner’s Lot due to natural causes whether or not the original tree is or was located outside that Owner’s Lot.
§7.22 Interference with Play on Golf Course: Owners of lots bordering on playing areas of the Golf Course shall be obligated to refrain from any actions which would detract from the playing
qualities of the course.
§7.23 Drainage and Grading: No drainage, ditches, cuts, swales, streams, impoundments, ponds, or lakes; no mounds, knobs, dams, or hills; and no other physical improvements or elements of the landscape or terrain which control or determine the location of flow of surface water and drainage patterns may be destroyed, altered or modified by, or at the direction or with the consent of any Owner, without the prior written consent of the Board. In the event of any destruction, alternation or modification made or occurring without such prior consent of the Board, the Board and its representatives, shall have the right to enter upon the Property and any Lot to remedy or repair any such destruction, alternation, modification, or improvement without being guilty of trespass and without liability to any Owner with respect to the same or the consequences thereof. Whenever, because of construction of improvements on a part of the Property or for some other reason, silt would run off of a part of the Property on to any adjacent property, the Owner of such part shall be obligated to provide a means of siltation control to prevent silt from running off such part on to such adjacent property.
Article 8 - Enforcement
§8.01 Interpretation: In case of uncertainty as to the meaning of any article, paragraph, sentence, clause, phrase or word in these Protective Covenants, the interpretation of the Board shall be final and conclusive upon all interested parties.
§8.02 Abatement and Suit: Violation or breach of any of these Protective Covenants shall give to the Board the joint and several right to enter the part of the property involved and abate and remove the same, and the Association shall be entitled to be reimbursed for its expenses, including attorneys’ fees, incurred in abating or removing such violation or breach by the Owner of the part of the Property involved. Violation or breach of any of these Protective Covenants shall also give to the Board the right to proceed at law or in equity against the Owner of the part of the Property involved or any person or persons who have violated or breached or are attempting to violate or breach these Protective Covenants for injunctive relief or to recover damages. In any such legal or equitable proceeding, the unsuccessful party or parties shall pay the attorneys’ fees of the prevailing party or parties in such amount as may be fixed by the court. All remedies provided for herein or at law or in equity shall be cumulative and not exclusive.
§8.03 Failure to Enforce Not a Waiver of Rights: Failure of the Association or any Owner, to enforce any of these Protective Covenants shall in no way be deemed a waiver of the right to do so thereafter or the right to enforce any other of these Protective Covenants.
§8.04 Lot Assessments. The Board may levy a Lot Assessment against an individual Lot, or Lots, as fines levied for the violation of the Protective Covenants (including, without limitation, fines for the violation of the Bryn Du Wood Design Standards, for the failure to comply with Article 6 or 7 herein, or for parking violations), and / or to reimburse the Association for those costs incurred properly chargeable by the terms hereof to a particular Lot (such as, but not limited to, the cost of enforcement of covenants and restrictions against a particular Lot, or of causing compliance with the restrictions and covenants set forth herein, including attorneys’ fees, or court costs properly chargeable against such Lot owner.) A Lot Assessment may include a continuing charge, such as the $100 per day charge for an uncorrected violation as set forth in Section 6.10, above.
§8.05 Effective Date of Assessments; Notice. Any Lot Assessment created pursuant hereto shall be effective and due on the date determined by the Board and set forth in the written notice of the Assessment to the affected Owner (the “Effective Date” or “Due Date”). The written notice shall be hand-delivered or sent certified mail, return receipt requested, and must be sent at least ten calendar days prior to the Effective Date.
Written notice shall be mailed or delivered to a Lot Owner's Lot unless the Lot Owner has delivered written notice to the Board of a different address for such notices, in which event the Board shall mail such notice to the last designated address. Failure to receive such notice, for whatever reason, shall not be a defense to the Lot Owner's obligation to pay such assessment.
§8.06 Effect of Nonpayment of Assessment; Remedies of the Association.
(a) If any Assessment (Annual or Lot Assessment) or any installment of any Assessment is not paid (including any continuing charge under Section 6.10) within ten (10) business days of the Effective Date, the Board, at its option, without demand or notice, may (i) declare the entire unpaid balance of the Assessment immediately due and payable; (ii) charge interest on the entire unpaid balance, (or on an overdue installment, alone, if it hasn't exercised its option to declare the entire unpaid balance due and payable), at the highest rate of interest then permitted by law, or at such lower rate as the Board may from time to time determine; (iii) charge a reasonable, uniform late fee, as determined from time to time by the Board; and (iv) restrict services to the Lot and restrict use of any Common Property and of easements for the use thereof, by the owners and occupants of the Lot. Such services and use may be restricted until the Assessments with respect to the Lot have been paid.
(b) Assessments, including any continuing charge under Section 6.10, together with interest, late charges and costs (including attorneys fees), shall be a charge and a continuing lien in favor of the Association upon the Lot against which each such assessment is made. (Whenever the term "costs" is used herein, it shall include, without limitation, reasonable attorneys' fees incurred by the Board, to the extent that the recovery of such fees is not prohibited by Ohio law.)
(c) At any time after an installment of an Assessment levied pursuant hereto remains unpaid for ten (10) or more business days after the Effective Date, an affidavit setting forth the lien resulting from the non-payment of Assessments and the restriction of the use of Common Property may be filed with the Recorder of Licking County, Ohio, pursuant to authorization given by the Board. The certificate shall contain a description of the Lot for which Assessments are unpaid, the name or names of the record owner or owners thereof, and the amount of the unpaid portion of the Assessments, interest, late charges and costs, and shall be signed by the president or other officer of the Association. The lien may include continuing charges, such as the $100 per day charge under Section 6.10, above, or the accrual of interest or late fees, as shall be set forth in the certificate of lien.
(d) Any Lot Owner who believes that an Assessment chargeable to his, her or its Lot has been improperly charged against that Lot, may bring an action in the Court of Common Pleas of Licking County, Ohio for the discharge of that Assessment. In any such action, if it is finally determined that all or a portion of the Assessment has been improperly charged to that Lot, the court shall make such order as is just.
(e) Each such Assessment together with interest, late charges and costs (including attorneys’ fees), shall also be the joint and several personal obligation of the Lot Owner who owned the Lot as of the Effective Date of the Assessment. The obligation for delinquent Assessments, interest, late charges and costs shall not be the personal obligation of that Owner’s successors in title unless expressly assumed by the successors, provided, however, that the right of the Association to any lien upon the Lot for non-payment of Assessments, and the right of the Board to restrict the use of Common Property or other services or rights of the Owners and occupants of the Lot, shall not be impaired or abridged by reason of the transfer.
(f) The Board may pursue any other remedy available to the Association pursuant to Ohio law, and without limiting the generality of the foregoing, may obtain and file a certificate of judgment to secure payment of delinquent Assessments, interest, late charges and costs, bring an action at law against the Owner or Owners personally obligated to pay the same, and an action to foreclose a lien, or any one or more of these or other remedies. In any foreclosure action, the Owner affected shall be required to pay a reasonable rental for that Lot during the pendency of such action, and the Association as plaintiff in any such action shall be entitled to become a purchaser at the foreclosure sale.
(g) No Owner may waive or otherwise escape liability for the Assessments provided for in these Covenants by non-use of any facilities of the Association, or by abandonment of his, her or its Lot.
(h) Notwithstanding any conflicting provision in the Association Documents, if any Assessment remains unpaid for 10 business days after its Effective Date, then the voting rights upon Association matters of the Lot Owners who owned the Lot as of the Effective Date of the Assessment shall be suspended until such Assessment(s), including any late fees, interest and related charges, is/are paid.
§8.07 Subordination of the Lien to First Mortgages. The lien of the Assessments and charges provided for herein shall be subject and subordinate to the lien of any duly executed first mortgage on a Lot recorded prior to the date on which such lien of the Association arises, and any holder of such first mortgage which comes into possession of a Lot pursuant to the remedies provided in the mortgage, foreclosure of the mortgage, or deed or assignment in lieu of foreclosure, and any purchaser at a foreclosure sale shall take the property free of any claims for unpaid installments of Assessments or charges against the mortgaged Lot which became due and payable prior to the time such holder or purchaser took title to that Lot, provided that the Association has been made a party to such action.
§8.08 Certificate Regarding Assessments. The Board shall furnish to any Owner upon the request of such Owner and upon the payment of the expenses of the Association in connection therewith such certificates of payment or nonpayment regarding payments or reimbursement to which the Association is entitled from such Owner or any predecessor in title pursuant to these Protective Covenants, which certificates shall be signed by an officer of the entity furnishing the same and shall be in accordance with the facts. Such certificates shall be conclusive evidence of the facts recited therein, and all persons dealing with any part of the Property or any interest therein may rely and act upon the same.
§8.09 Liability Relating to Enforcement: Neither the Association nor any of its respective officers, directors, trustees, agents, employees, shareholders or members shall be liable to anyone by reason of mistake in judgment, negligence or nonfeasance arising out of any act or actions to enforce or any failure to enforce these Protective Covenants. Each person or entity who accepts a conveyance of all or any part of the Property agrees, by acceptance of such conveyance, that he or it will not bring any action or suit against the Association, or any of its respective officers, directors, trustees, agents, employees, shareholders or members for damages resulting from any such mistake in judgment, negligence or nonfeasance.
Article 9 - Period of Duration
These Protective Covenants, as the same may be amended, modified, changed or added to as provided in Article 16, and the changes and liens provided for herein, shall be deemed to run with the land; shall continue in full force and effect for a period of thirty-five (35) years from the date hereof; and shall be automatically reinstated for a like period unless written objection is theretofore declared and filed by the Association and the Owners of a majority of the Lots comprising the Property with the Recorder of Licking County, Ohio.
Article 10 - Constructive Notice and Acceptance
Every person who now or hereafter owns or acquires any rights, title or estate in any part of the Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein whether or not a reference to these Protective Covenants is contained in the instrument by which such person acquired an interest in said part of the Property.
Article 11 - Easements
Owners hereby agree to grant utility easements to the Association for the purpose of constructing utility lines over or through the Property. The Board shall present to each Owner whose part of the Property is affected a survey of any proposed easement which shall be subject to such Owner’s approval, but which approval shall not be unreasonably withheld. Subject to the aforesaid approval, each Owner agrees to execute all appropriate papers and documents to accomplish the foregoing. If the exercise of any of the rights granted by any such easement results in the damage, destruction or disturbance of any part of the Property, the person or entity exercising such rights shall, at his or its sole expense, repair or restore the part of the Property damaged, destroyed or disturbed to its condition immediately prior to such damage, destruction or disturbance.
Article 12 - Rights of Mortgagee
All provisions of these Protective Covenants, including the provisions hereof respecting liens and charges against the Property, shall be deemed subject and subordinate to the lien of all recorded first mortgages and deeds on or for any part, parts or all of the Property securing a debt, now and hereafter executed, and none of these Protective Covenants shall supersede or in any way reduce the security or affect the validity of such lien or mortgage or deed to secure such debt; provided, however, that if any part of said Property is sold or conveyed under a foreclosure or other enforcement of any mortgage or under the provisions of any deed to secure debt, any grantee or purchaser at such sale, and his heirs, personal representatives, successors and assigns, shall hold any and all Property so conveyed or purchase, subject to these Protective Covenants.
Article 13 - Mutuality
All restrictions, conditions and covenants contained herein are made for the direct mutual and reciprocal benefit of the Association, the Owners, and their respective successors and assigns; these Protective Covenants shall create mutual equitable servitudes upon each part of the Property in favor of each other part of the Property; these Protective Covenants shall create reciprocal rights and obligations between the respective Owners of all parts of the Property and privity of contract and estate between all such Owners; and these Protective Covenants shall, as to the Owner of any part of such Property, his heirs, personal representatives, successors and assigns, operate as covenants running with the land for the benefit of all parts of the Property and the Owners thereof.
Article 14 - Paragraph Headings
The paragraph headings are intended for convenience only and are not intended to be a part of these Protective Covenants in any way to define, limit or describe the scope or intent of the particular paragraph to which they refer.
Article 15 - Effect of Invalidation
If any provision of these Protective Covenants is held to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provision
Article 16 - Amendments, Modifications, Changes or Additions
Amendments, modifications, changes or additions to these Protective Covenants may be made from time to time by an instrument in writing setting forth the amendments, modifications, changes and/or additions effected thereby which is executed by the Association and by the Owners of not less than a majority of the Lots constituting part of the Property in the manner provided by law for the execution of deeds and the filing for record of such instrument with the Recorder of Licking County, Ohio.
Article 17 - Indemnification
The Association shall indemnify every Board member, officer and trustee of the Association against any and all claims, liabilities, expenses, including attorneys’ fees, reasonably incurred by or imposed upon any officer or trustee in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the Board) to which he or she may be a party by reason of being or having been an officer or trustee. The Board members, officers, and trustees shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misconduct, bad faith, or gross negligence. The Board members, officers, and trustees of the Association shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such Board members, officers, or trustees may also be Members of the Association), and the Association shall indemnify and forever hold each such Board member, officer, and trustee from and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided herein shall not be exclusive of any other rights to which any Board member, officer, or Trustee, or former Board member, officer, or trustee, may be entitled.
This instrument was prepared by
Reese, Pyle, Drake & Meyer, P.L.L.
36 N. Second Street, P .O. Box 919
Newark, Ohio 43058-0919
EXHIBIT A - DESCRIPTION OF THE PROPERTY
Situated in the State of Ohio, County of Licking and in the Village of Granville, and bounded and described as follows:
Being Lots 1 through 46 and Reserve A in Bryn Du Woods (Phase I), as the same is shown and delineated in Plat Vol. 13, pages 349 – 351, of the Plat Records of Licking County, Ohio;
Being Lots 63 through 76 in Bryn Du Woods (Phase II), as the same is shown and delineated in Plat Vol. 13, pages 387 and 388, of the Plat Records of Licking County, Ohio;
Being Lots 47 through 62, Lots 77 through 95 and Reserve B in Bryn Du Woods (Phase III), as the same is shown and delineated in Plat Vol. 14, pages 34 – 37, of the Plat Records of Licking County, Ohio;
Being Lots 1 and 2 in Bryn Du Woods (Phase I) Replat of Lots 1 & 2, as the same is shown and delineated in Plat Vol. 14, page 124, of the Plat Records of Licking County, Ohio;
Being Lots 96 through 149, Lot 155 and Reserves I and J in Bryn Du Woods Phase IV Section No. 1, as the same is shown and delineated in Plat Vol. 15, pages 46 – 48, of the Plat Records of Licking County, Ohio;
Being Lots 501 through 525 and Reserves A and B in Bryn-Du Woods Phase V, as the same is shown and delineated in Plat Vol. 17, pages 264 – 266, of the Plat Records of Licking County, Ohio;
Being Lots 150 through 154 and Reserve A in Bryn-Du Woods Phase VI, as the same is shown and delineated on the Plat in Instr. #200509160029204 of the Records of Licking County, Ohio.
EXHIBIT B - PROTECTIVE COVENANTS AND RESTRICTIONS,
AND AMENDMENTS THERETO, FILED HERETOFORE
Bryn Du Woods (Phase I)
Restrictions in OR Vol. 191, pages 700-715
Amendment in OR Vol. 200, pages 569-579; OR Vol. 360, pages 495-497; OR Vol. class="p2">394, pages 594 and 595 (Lots 1 and 2 only); OR Vol. 482, pages 268-280
Bryn Du Woods (Phase II)
Restrictions in OR Vol. 244, pages 750 & 751
Amendment in OR Vol. 482, pages 268-280
Bryn Du Woods (Phase III)
Restrictions in OR Vol. 191, pages 700-715; OR Vol. 244, pages 750 &751; OR Vol.302, pages 3-5
Amendments in OR Vol. 482, pages 268-280
Bryn Du Woods (Phase IV Section No. 1)
Restrictions in OR Vol. 668, pages 854-869
Bryn Du Woods (Phase V)
Restrictions in Instrument #200309220045822
Amendment in Instrument #200511210036990
Bryn Du Woods (Phase VI)
Restrictions in Instrument #200509160029317
EXHIBIT C - COMMON PROPERTY
Bryn Du Woods (Phase I)
Plat Vol. 13, pages 349-351
Reserve A: Bryn Du Woods Association, Inc.
OR 408-165; OR 408-167
Tax Parcel No. 020-041310-00.046
Bryn Du Woods (Phase III)
Plat Vol. 14, pages 34-37
Reserve B: Licking County Historical Society
Tax Parcel No. 020-043614-00.036
Bryn Du Woods Phase IV Section No. 1
Plat Vol. 15, page 46-48
Reserve I: The Village of Granville
Tax Parcel No. 020-043110-00.059
Bryn Du Woods Phase V
Plat Vol. 17, pages 264-266
Reserve B: Bryn Du Woods Association, Inc.
Tax Parcel No.
Bryn Du Woods Phase VI
Reserve A: Granville Golf Course Company
Copyright 2011, Bryn Du Woods Homeowners Association