deed book no. 567 - berkeley county, w. va. · 2017-01-01 · deed book no. 567 - berkeley...

DEED BOOK NO. 567 - BERKELEY COUNTY, W. VA.

DECLARATION OF COVENANTS

AND RESTRICTIONS FOR FOREST HEIGHTS

THIS DECLAAATION, made thu 23f"&. day of May, 1996, by FOREST

HEIGHTS INC., a corporation, hereinafter called Developer.

WITNESSETH

WHEREAS, Developer is the owner of the real property descr~bed ~n

Article II of th~s Declaration and desires to put thereon a reBldentlal

community wh~ch may include parks or playgrounds, open spaces, roads, streets,

dra1nage easements, and other common fac~lltles for the beneflt of sa~d

COIl1Jnunlty: and

WHEREAS, Developer des~res to prov~de for the preservat~on of the values

and amenlt~es 1n sa~d commun1ty and for the ma1ntenance of any sald parks or

playgrounds, open spaces, roads, streets, and other common faclllt~es,

lnclud1ng snow removal: and to this end, des~res to subJect the real property

described in Artlcle II together wlth such addltlons as may hereafter be made

thereto (as provlded ~n Artlcle II) to the covenants, condltions,

restrlctlons, easements, charges and llens herelnafter set forth, each and all

of WhlCh is and are for the beneflt of Bald property and each owner thereof;

and

WHEREAS, Developer has deemed lt deslrable for the efflclent

preservatl0n of the values and amenltles in sald communlty, to create an

agency to WhlCh should be delegated and asslgned the powers of malntalnlng and

a~nlster1ng the commun1ty propertles and facl11tles and adm1nlsterlng and

enforc1nq the covenants and restr1ct1ons and collect1ng and disbursing the

assessments and charges here1nafter created; and

WHEREAS, Developer has incorporated under the laws of the state of West

Virginia, as a non-prof1t corporatlon, FOREST HEIGHTS HOMEOWNERS ASSOCIATION

INC., for the purposes of exercls1ng the functlons aforesald,

DEED BOOK NO. 567 - BERKELEY C01..r~TY: W. VA.

NOW, THEREFORE, THE DEVELOPER DECLARES THAT THE REAL PROPERTY DESCRIBED

IN ARTICLE II AND SUCH ADDITIONS THERETO AS MAY HEREAFTER BE MADE PURSUANT TO

J~TICLE II HEREOF, IS AND SHALL BE HELD, TRANSFERRED, SOLD, CONVEYED, AND

gCCUPIED SUBJECT TO THE COVENANTS, CONDITIONS, RESTRICTIONS. EASEMENTS,

CHARGES AND LIENS (SOMETIMES REFERRED TO AS "COVENANTS AND RESTRICTIONS")

HEREINAFTER SET FORTH.

ARTICLE I

DEFINITIONS

The follow1nq words, when used in th1s Declarat10n o~ any Supplemental

Declarat10n (unless the conte~t shall p~oh1b1t), shall have the follow1ng

meanings.

(a) "Assoc1at1on" shall mean and refer to the Forest He1ghts

Homeowners AsSQC1at1on Inc

(b) liThe Propert1es" shall mean and refer to all such eX1stJ.ng

propert1es, and addit10ns thereto, as are subJect to th1s DeelaratJ.on or any

Supplemental Declaration under the prov1sJ.ons of Article II, hereof.

(c) "Common properties" shall mean and refer to those areas of land

shown on any recorded subd1v1sJ.on plat of The Propert1es and 1ntended to be

devoted to the common use and enJoyment of the owners of The Properties.

(d) "Lot" shall mean and refer to any plot of land shown upon any

recorded subd1V1S10n map of The Propert1es w1th the e~eept1an of Common

Properties as heretofore def1ned.

(el "owner" shall mean and refer to the record owner, whether one or

m~re persons or ent1tJ.es, of the fee s1mple t1tle to any Lot s1tuated upon The

Properties but, notwithstanding applicable theory of the mortgage, shall not

mean or refer to the mortgagee unless and untJ.l such mortgagee has acqu~red

tltle pursuant to fo~eclosure or any proceed1ng 1n lJ.eu of foreclosure.

- 2 -

DEED BOOK NO. 567 -- BERK~LEY COUNTY, W. VA.

(f) "Member" shall mean and refer to all of those Owners who are

members of the Assoc1at1on, as provided 1n Art1cle III, Section 1, hereof

ARTICLE II

PROPERTIES SUBJECT TO THIS

DEC~TION: ADDITIONS THERETO

Section 1. EX1sting Property. The real property which 1S, and shall

be, held, transferred, sold, conveyed, and occup1ed SUbJect to th1s

Declarat10n 15 located in Berkeley County, West virg1n1a, and 18 more

particularly descr1bed as follows:

Lots 1-8 Sect10n 1 Forest H~1ghts as shown on Plat of sa1d subdiv1s10n prepared by Dan1el Shannon dated the of 199_, and recorded 1n the office of the Clerk of ~ount-y~C~o-u-rt of Berkeley county, west V1rgin1a immediately preced1ng th1S Declarat10n in Plat Cabl.net No. i at Slide t5E-."

AND BEING a part of the Land Conveyed to Forest He1ghts by Deed dated November 20, 1995, recorded w1th the clerk of the county Court of Berkeley County, West Virg1nia, 1n deed Book No 555, at Page 132.

all of whl.ch real property shall hereafter be referred to as "Ex1stl.ng

Property"

NO PROPERTY OTHER THAN THAT DESCRIBED ABOVE SHALL BE DEEMED SUBJECT TO

THIS DECLARATION, UNLESS AND UNTIL SPECIFICALLY MADE SUBJECT THERETO. THE

DEVELOPER MAY WITHOUT CONSENT, FROM TIME TO TIME, AND IN ACCORDANCE WITH THE

PROVISIONS OF THIS DECLARATION, SUBJECT ADDITIONAL REAL PROPERTY TO THE

CONDITIONS, RESTRICTIONS, COVENANTS, RESERVATIONS, LIENS, AND CHARGES HEREIN

SET FORTH BY APPROPRIATE REFERENCE HERETO.

Sect~on 2: add~t10ns to Ex~st1nq property: Add~tional land may become

subJect to this Declarat10n

(al SUPPLEMENTAL DECLARATION: The Developer and ~ts ass~qns reserves

the r1ght to add lots and property to the Existing Property by f1l1nq ot

record a Supplementary Declaration of Covenants and Restrict10ns w1th respect

to the add1t~onal.property wh1ch shall extend the scheme of Covenants and

Restr~ctions of this Declarat10n tC) such property. Add~tJ..onal roadways may be

- 3 -


added to th~s declarat10n and w1l1 then become owned by the Assoc1at1on and

mainta1ned by the expanded Association. such Supplementary Declaration may

conta1n such compl1mentarr addit10ns and/or mod1f1cations of the covenants and

Restr1ct1ons conta1ned 1n th1s Declaration as may be necessary to reflect the

different character, if any, of the added Propert1es. The developer may

change the ,=ovenants and restrict10ns includ1ng but not l1m1ted to the m1n1mum

square footage of houses, potential sale of townhouses, and lot setbacks 1n

future sect~ons. In no event, however, shall such Supplementary Declarat10n

revoke, mod1fy, or add to the CovenPnts establ1shed by this Declaration w1th1n

the Exist1ng Sect10n.

ARTICLE III

MEMBERSHIP AND VOTING RIGHTS

IN THE ASSOCIATION

Sect10n 1: Membersh1p: Every person or ent1ty who 15 a record owner of

a fee or undiv1ded fee interest in any Lot wh1ch 15 SUbJect by Covenants of

record to assessment to the Assoc1at10n, shall be a Member of the AsSoc1at1on,

provided that any such person or ent1ty who holds such 1nterest merely as a

security for the performance of an obligation shall not be a Member.

Section 2: Vot1ng R1ghts' The Assoc1at1on shall have two (2) classes

of vot1ng membership.

CLASS A. Class A Members shall be all those OWners as def1ned 1n Section 1, w1th the exception of the Developer. Class A Members shall be ent~t1ed to one (1) vote for each Lot 1n Wh1Ch they hold the interest requ1red for membership by Sect~on 1. When more than one (1) person holds such an interest or interests ~n any Lot, all such persons shall be Members, and the vote for such Lot shall be exerc1sed as they amongst themselves determ1ne, but in no event shall mere than one (1) vote be cast with respect to any such Lot.

CLASS B. class B Members shall be the Developer. The Class B Member shall be entitled to ten (10) votes for each Lot ~n wh~ch it holds the 1nterest requ1red for membersh1p by Sect10n 1; prov1ded that the Class B membersh1p shall cease and become converted to Class A membersh1p in the happening of any of the follow~ng events, wh1chever occurs ear11er.

- 4 -

~

DEED BOOK NO. 56i - BERk."ELEY COUNTY, W. VA.

(a) When seventy-f1ve percent (75%) of the total Lots wlth1n the

Properties are sold, or

(b} W1thln ten (10) yeats from the date of the f1rst sale 1n the

Subd1vision. (Date of the flrst sale shall be the date that the f1rst

Settlement 1S held for a Lot 1n The Propertles)

From and after the happening of these events, Wh1chever occurs earller,

Class B Members shall be deemed to be a Class A Member entltled to one (1)

vote for each Lot 1n Wh1Ch 1t holds the 1nterest required for membersh1p under

Section 1.

ARTICLE IV

PROPERTY RIGHTS IN

THE COMMON PROPERTIES

section 1: Prov1sion for Maintenance and Operatlon. The Developer

hereby dedicates and shall by future deed convey to The Forest Helqhts

Homeowners Association Inc all common areas and all responslb111t1es to

~ operate and malntaln the roads and any other common facl11t1es. The developer

~ reserves the exclusive rlght to use the common area to the rlght of the maln

entrance far a Sales Tral1er for t~e durat10n of the development not to exceed

ten (10) years from date of this document. Developer hereby reserves for

itself, its successors and ass1gns the r1ght to also use the roadways and

access for utl1itles w1thln sald SUb~vlsl0n, and speclf1cally lntends to sell

add1tlonal lots Wh1Ch w111 be located 1n future sect~on5, wh~ch wl~l have full

use and access of the roads and utLlitles.

section 2' Member's Easements of EnJoyment: subJect to the prov~slons

of Sect~on 3, every Member shall have a r~ght and easement of enJoyment in and

to the Common Propertles and such pasement shall be appurtenant to and shall

pass w~th the title to every Lot.

- 5 -

DEED BOOK NO. 567 - UERKELEY COt:"~TY, W. VA.

section 3 Exte~t of Member's Easements. The r1ghts and easements of

enJoyment created hereby shall be subJect to the

right of the Associat1on to dedicate or transfer all or any part of the Common

Properties to any publ1C agency, authority, or ut1:ity for such purposes and

subJect to such cond1t1ons as may be agreed to by the Members.

ARTICLE V

COVENANT FOR

MAINTENANCE ASSESSMENT

Sect10n l' Creat10n of the L1en and Personal Obl1gat1on of Assessments:

Each Owner (Except the Developer) of any Lot by acceptance of a deed

therefore, whether or not it shall be so expressed 1n any such deed or other

conveyance, be deemed, covenanted and agrees to pay to the Association:

(1) Annual assessments or charges, such assessments to be f1xed,

established, and collected from time to t1me as here1nafter prov1ded. The

annual assessments together w1th such 1nterest thereon and costs of collect1on ,

thereof as here1nafter prov1ded shall be a charge on the land and shall be a

continuing l1en upon the Property against Wh1Ch each such assessment 1S made.

Each such assessme~t, together w1th such 1nterest thereon and costs of

collection thereof, as here1nafter prov1ded, shall also be the personal

obligation of the person who was the owner of such Property at the t1me When

the assessment fell due

Section 2: Purpose of Assessments' The assessments lev1ed by the

ABsoc1at~on shall be used exclus1vely for the purpose of promot1ng the

recreation, health, saf~ty, and welfare of the res1dents 1n The Propert1es and

in particular for the improvement and maintenance of the propert1es, serv1ces,

and faci11t1es devoted to th1s purpose and related to the use and enJoyment of

the common Properties and of the homes situated upon The Propert1es,

including, but not 11m1ted to, the payment of taxes and 1nsurance thereon, and

- 6 -

LA

"" <:

'" ;;;


repair, replacement and addit~ons thereto, includ1ng snow removal, road and

storm water maintenance, and for the cost of labor, eqU1pment, materials,

management, and supervision thereof.

Section 3: Basis of Maximum of Annual Assessments: Unt11 otherw1se

estab11shed by the Assoc1at1on, the annual assessment for all matters covered

by this Article, shall be born equally by all lot owners of record (except

those of the Developer) at a rate of ONE HUNDRED ($100) per Lot. Lots owned

by the Developer are exempt from the annual assessment unt11 sold to a lot

owner notwithstand1ng any other provisions of this document.

THE ANNUAL average common expense 11ab111ty of all un1ts restr1cted to

res1dential purposes exclus1ve of opt1onal user fees and any 1nsurance

pre~ums pa1d by the assoc1ation may not exceed $300 as adJusted pursuant to

the prov1sions to West Virg1n1a Code 368-1-114 and 368-1-203.

Grantor shall be exempt from any and all assessments It 1S the

~ expressed intent10n that th1s subd1v1s10n 1S cons1dered a l~ted expense " «

~11ab1lity planned commun1ty pursuant to 36B-1-203 of West V1rg1n1a Code c

; Annotated.

'" " g The Board of D1rectors of the Assoc1at1on may, after cons1derat10n of

~the current maintenance costs and future needs of the Assoc1at10n, fix the

actual assessment for any year at a lesser amount, and the off~cers and Board

of Directors of the Assoc~ation shall at all t~mes ma1nta~n and operate the

Association on a non-profit bas~s.

Sect~on 4' Quorum for Any Action Author~zed Under Section 3: The

quorum required for any act10n authorized by Sect~on 3 hereof shall be as

follows.

At the f~rst meeting called, as prov1ded in Sect10n 5 hereof, the

presence at the meeting of Members or of prox~es entitled to cast s~xty

percent (60%1 of all of che votes of each class of membersh~p, shall

constitute a quorum. If the required quorum is not forthco~ng at any

- 7 -

0'" \ --<"I ; ~ .

f~" ta: - DEED BOOK NO. 56i - BERKELEY COl:::XTY, W. VA.

meeting, another meeting may be called, sUbJect to the not~ce requirement set

forth in Sect~ons 4 and 5, and the requ~red quorum at any such subsequent

meetings shall be one-half (1/2) of the requ~red quorum at the preced~ng

meeting, prov~ded that no such subsequent meeting shall be held more than

sixty (60) days following the preceding meet~ng

Section 5: Date of Commencement of Annual Assessments. Due Dates: The

annual assessments prov~ded for herein shall commence on the date (wh1ch shall

be the first date of a month) f~xed by the Board of D~rectors of the

Associat~on to be the date of commencement.

The first annual assessment shall be made for the balance of the

calendar year and shall become due and payable on the day f~xed for

commencement. The assessments for any year after the f~rst year, shall become

due and payable on the f1rst day of January of sa~d year.

The amount of the annual assessment Wh1Ch may be lev~ed for the balance

remaining in the first year of assessment shall be an amount wh~ch bears the

same relat~onship to the annual assessment prov1ded for in Sect~on 3 hereof as

the remaining number of months ~n that year bears to twelve (12). The same

reduction in the amount of the assessment shall apply to the f~rst assessment

levied against any property wh~ch is hereafter added to The propert~es now

subject to assessment at a t~me other than the beg~nning of any assessment

per~od.

Sect10n e. Out~es of the Board of 01rectors: The Board of Directors of

the Assoc~at~on shall fix the date of commencement and the amount of the

assessment against each Lot for each assessment per~od at least th1rty (30)

days in advance of such date or per~od and shall, at that t~me, prepare a

roster of The Propert~es and assessments appl1cable thereto wh1ch shall be

kept in the office of the Assoc~ation and shall be open to inspection by any

Owner.

- 8 -

" " " ,-


FYrther not~ce of the assessment shall thereupon be sent to every Owner

subJect thereto.

The Assoc~at~on shall, upon demand at any t~me, furn~sh to any Owner

l~able for sa~d assessment a Cert~ficate in wr~t~n9, s~qned by an off~cer of

the Assoc~ation, sett4ng forth whether sa~d assessment has been pa~d. Such

Cert~ficate shall be conclusive eVidence of payment of any assessment there~n

stated to have been pa~d.

section 9: Effect of Non-~ayment of Assessment. The Personal

Obli9at~on of the Owner, The L~en, The Remed~es of the Assoc~at~on: If the

assessments are not paid on the date when due (be~ng the dates spec~fied ~n

Section 7 hereof), then such assessment shall become delinquent and shall,

together with such interest thereon and costs of collect~on thereof as

hereinafter prov~ded, thereupon become a cont~nuing l~en on the property wh~ch

shall bind such property in the hands of the then owner, h~s he4rs, dev~sees,

personal representatives, and ass!qns~ The personal obligat~on of the then

Owner to pay such assessment, however, shall rema1n h~s personal obl~gat~on

for the statutory per~od and shall not pass to his successors ~n t~tle unless

expressly assumed by them.

If the assessment i8 not paid w~thin thirty (30) days after the

delinquency date, the assessment shall bear interest from the date of

delinquency at the rate of ten percent (lOil per annum, or 1n the event the

max1mum legal interest rate should be changed, then and ~n that event, at the

rate of the maximum leqal interest rate pe~tted by law, and the AsSOC1ac~on

may bring an act10n at law, against the Owner personally ob14qated to pay the

same and there shall be added to the amount of such assessment, the costs of

prepar~nq and f114nq the complaint in such act1on, 1£ pe~tted by law, and 1n

the event a Judgment 4S obtained, such Judgment shall 1nclude 4nterest on the

asseSSment as above provided and, it pe~tted by law, a reasonable attorney's

fee to be fixed by the Court together with the cost of the act1on.

000 -I ~ ,

" ....... to. i..:.. DEED BOOK ~O. 567 -- BERKELEY COt':KTY, W. VA.

Section 10 Subordination of the L1en to Mortgages' The l~en of the

assessments provided for here1n shall be subord1nate to the 11en of any

mortgages or deeds of trust to the extent the assessment 1S for an ob11gat1on

accruing after the recordat1on of said mortgage or deed of trust.

Section 11 Exempt Property' The follow1ng property SUbJect to th1s

Declaration shall be exempted from the assessments, charge and lien created

herein:

(a) All propert1es to the extent of any easement or other 1nterest

therein de~cated and excepted by the local pub11C author1ty and devoted to

pub11c use:

(b) All Common Properties as def1ned 1n Axt1cle I, section 1, hereof;

(c) All properties exempted from taxation by the Laws of the state of

west Virginia, upon the terms and to the extent of such legal exempt1on,

provided, however, that property exempted from taxat10n by reason of the

Homestead Exemption or because of a charitable des1gnat1on or status, shall

not be exempt from the assessments, charges, and l1en created here1n

(d) properties owned by the Developer unt11 sold to homeowner.

ARTICLE VI

All Lots in Sect10n 1 of.the Subdiv1sion shall be designated res1dent1al

and shall not be used except for res1dent1al purposes Th1S does not preclude

the Developer from mainta1n1ng Real Estate Off1ces or authorizing Model homes

or Sales Tra1ler. Developer must approve all home plans for consistency in

development. No build1ng shall be erected, altered, placed, or perm1tted to

remain on any Lot other than one (1) single-family dwelling and a pr1vat~

garage to the dwell~ng, and an outbuilding that ~s approved by the Developer.

Any Fence must be approved by Developer for arch~tectural consistency.

Ground-floor area of all sinqle-fam11y, spl~t foyer, and tr~-level homes or

residences shall conta1n a m1nimum area of One Thousand (1000) square feet 1n

- 10 -

of'


the foundat~on, exclus~ve of garage and porches, and the l~ving area of a

standard two-story s~ngle-family res~dence shall conta1n a ~n~murn area of

Twelve Hundred (1200) square feet, exclus1ve of garages and porches.

Ne~ther th~s restr1ction nor any other restr1ct~ons contained in th1s

Declaration of Covenants and Restrictions shall prevent or prohib~t or be

construed to prevent or proh1b1t the Developer or any other owner or bu~lder,

for e1ther use as the1r personal res~dence or for purposes of prof~t and sale,

from erecting, constructing, and building any structure pe~tted by these

restr~ct~ons on any lot 1n the Subdivls10n, nor prevent nor proh1b1t the

Developer from erect1ng, constructing, or bu~lding any roads or other common

amenit1es w1thln the Subdivision.

ARTICLE VII

No bulld1ng or any part thereof shall be erected on any Lot nearer or

~ closer to the front Lot line than twenty (20) feet or nearer or closer to any '" ;j! N

C z

91de or rear Lot 11ne or boundary line than ten (10) feet, unless otherw1se

~

~ noted on the plats of said subd1viS1on and the Developer may grant exceptions ~ ~ ; as long as they comply with the Berkeley county Development Regulat~ons.

ARTICLE VIII

No noxious or offensive act1v1ty, inclu~ng bark~nq dogs, shall be

carried on upon any Lot, nor shal~ anything be done thereon Wh1~h may be or

may become an annoyance or nU1sance to the ne~qhborhood.

AATrCLE IX

No structure of a temporary character, tra~~er, mob~le home, house

trailer, mobile double wides, basement, tent, shack, garage, barn, or other

outbuild~ngs shal~ be used on any Lot at any t1me as a res~dence, e~ther

- 11 -

DEED BOOR NO. 567 - BERKELEY COl}:KTY, W VA.

temporarily or permanently, except that Developer reserves the r~ght to

authorize a sales/construct~on trailer unt~l the Subd~v~s~on is completed

ARTICLE X

NO an~mals, l~vestock, or poultry of any k~nd shall be raised, bred, or

kept on any Lot, except dogs, cats, or other household pets which may be kept,

provided that they are not kept, bred, or ma~nta1ned for any commerc~al

purpose. All an1mals must be kept on the owner's lot by fence and only

allowed on other propert~es with the 'other property owner's pe~ss~on and 1n

common areas when controlled by a leash.

ARTICLE XI

No Lot shall be used or ma1nta1ned as a dump~ng ground for rubb~sh.

Trash, garbage, or other waste shall not be kept except 1n san~tary

conta~ners, Household ~tems, bu~ld1ng surplus, etc. shall be kept 1ns1de and

kept from view of ne1ghbors. All ~ncinerators or other eqU1pment for the

storage or ~sposal of such mater1als shall be kept 1n a clean and san1tary

condition. All Lots shall be kept free and clear of trash and rubb1sh at all

times and shall be kept mowed.

ARTICLE XII

Any residence erected upon any Lot must be completed w1th1n S1X (6)

months from the date that excavat10n of the Lot is commenced.

ARTICLE XIII

No Junk motor veh1cles nor unreg1stered motor veh1cles nor motor

vehicles not in running cond1tion shall be permitted on any of the Lots. No

vehicles may be pa.ked on the roads in sa~d sUbd1vis~on. Vis1tors shall not

obstruct any mail boxes dur1nq temporary V1S1tS.

- 12 -

G

"


ARTICLE XIV

All improvements must be connected to any ava~lable water system and

ma~ntain their ind~vidual system according to Berkeley county Health

Department Gu~delines.

ARTICLE XV

In order to pe~t the practical and econo~cal ~nstallat~on of

util~t~es, including sewer l~nes, easements for installat~on and ma~ntenance

of utilities, inclu~ng. but not be~nq l~~ted to telephone or electr~c l~ght

poles, conduits, equipment, sewer, gas, and water lines, over or under a str~p

of land twenty i20) feet from road boundar~es and ten (10) feet w~de at any

point along the rear, or s~de l~nes of all of the Lots ~n th~s Subdiv~s1on,

are reserved unto the grantor or Developer, h~s successors and aSS1gns,

including the homeowner's association, ~gether w1th the r~ght of 1ngress and

~ egress for the purpose of erecting and maintain~ng sa~d ut111t1es. In ~

z addition, easements for the installat10n and ma1ntenance of sa1d ut11~t1es are

reserved as shown on the recorded plat. W~th1n these easements, no structure.

plant1ng or other mater1als shall be placed or permitted to rema1n Wh1Ch may

damage or interfere with the installation and maintenance of the util~t~es.

The easement area of each Lot and all 1roprovements ~n 1t, except as

hereinafter provided. shall be ma~nta~ned cont~nuously by the owner of the

Lot, except for those ~mprovements for Wh1Ch a publ~c author1ty, ut111ty

company, or the homeowner's assoc1at~on 1S responsible. The assoc~at1on shall

be responsible for the maintenance of drainage easements, and 1nd1v1dual

Owners shall be responsible for the ma~ntenance of proper storm water

management control as a result of any grading they may do as well as

maintenance of any strips of land for the property which lies between each

Owner's front Lot lie and the paved surfaces of the streets.

DEED BOOK 11\0. 567 -- BERKELEY COl~TY, W. VA.

ARTICLE XVI

No signs, billboards, or advertising of any nature shall be erected,

placed, or maintained on the Lots or cornmon area in said 5ubdivis~on, nor upon

any build~nq erected thereon, except address identificat~on signs and normal

and reasonable "For Sale" s~gns, placed only on the lot for sale, except that

Developer reserves the r~ght to author~ze a large s~gn or s~gns for the

Subdiv~s~on unt~ all lots are sold.

ARTICLE XVII

No dump trucks, commerc~al road trucks, tractors, or r~gs normally used

for pulling or haul~ng tra~lers, box trailers, tank trailers, lowboys,

flatbeds, or other s~m1lar veh~cles. heavy trucks, truck-type tractors, or

other similar vehicles, with or w~thout trailers, box trailers, tank trailers,

lowboys, flatbeds, or other s~milar vehicles no matter how propelled, or any

p1ckup trucks, van trucks, or other s1m1lar veh1cles hav~ng a carry1ng

capacity 1n excess of one (l) ton, or any construct~on mach~nery shall be

placed, parked, stored, or pe~tted to rema~n upon any Lot or road 1n The

Properties, ~xcept for temporary use during construct~on or repa1r of any

residence or appurtenant structures, streets, ut1lities, or other cornman

amenities or while actually being used in such construction or repa1r or for

such temporary uses as moving or making de11veries. The park~ng of Motor

Homes or Camper Trailers must be approved by Developer. Th~s does not

preclude the Developer to have equipment used for bu~ld1ng or development as

necessary on the s~te.

ARTICLE XIII

No satellite dishes over 36" in diameter, or large antennas ot any k1nd,

unless specifically approved by Developer. No fences 1n the front yard unless

specifically approved by Developer. The Developer must approve all fences .

• 14 -

.. N .c :;;

'" u

'" .. ,-


Roofs must have a 4/12 p1tch or better Houses must have alum1num, v1nyl or

masonry siding unless specif1cally approved by Developer

be kept in good repa1r by the lot owner

ARTICLE XIX

AIRPORT NOTICE

All dr1veways must

Sec. 1 of Forest He1ghts 1S 1n the fl1ght path of the Eastern west

Virg1nia Reg10nal ~rport and 1S subJect to the sound of low flY1ng a1rcraft.

ARTICLE XX

EXTERIOR MAINTENANCE

In addlt10n to ma1ntenance upon the Common Area, the Assoc1ation shall

prov1de exter10r maintenance upon each Lot Wh1Ch 1S subJect to assessment

hereunder, as follows: paint, repair, replacement and care of roofs, gutters,

downspouts, exterior bU1ld1ng surfaces, trees, shrubs, grass, walks, and other

exterior improvements Such exter10r ma1ntenance shall not 1nclude glass

surfaces.

In the event that the need for maintenance or repa1r of a lot or the . improvements thereon is caused through the w1llful or negligent acts of its

owner, or through the W1llful or negl1gent acts of the family, guests or

inv1tees of the owner of the l?t need1ng such ma1ntenance or repa1r, the cost

of such exter10r maintenance shall be added to and become part of the

assessment to wh1ch such lot 15 subJect.

ARTICLE XXI

GENERAL PROVISIONS

Sect10n 1: Durat10n: The covenants and restr1ct10ns of th1s

Declaration shall run w~th and bind the land, and shall ~nure to the benef1t

of and be enforceable by the Assoc1at10n, or the Owner of any land SUbJect to

- 15 -

~ .......... ~ ; ,"'\

• ... .-e J DEED BOOK NO. 567 - BERKELEY COL-~·nY, W. VA .

th~s Declaration, their respect~ve legal repres~ntat1ves, heirs, successors,

and ass~gns, for a teDn of f1fteen (15) years from the date th~s Declarat~on

is recorded, after which time said covenants shall be automat1cally extended

for successive per~ods of ten (10) years unless an instrument signed by the

then OWners of two-thirds (2/3) of the Lots has been recorded agree~ng to

change said covenants and restrictions, ~n whole or 1n part.

Section 2: Not1ces: Any notice requ~red to be sent to any Member or

Owner under the provlsions of th~s Declaratl0n shall be deemed to have been

properly sent when ma~led, postpa1d, to the last known address of the person

who appears as a Member or Owner on the records of the Associat1on at the time

of such mai11ng

Sect10n 3: Enforcement. Enforcement of these covenants and

restr1ct1ons shall be, by any proceed1ng at law or 1n equlty, agalnst any

person or persons vl01atlng or attemptlng to vlo1ate any covenant or

restriction, either to restra~n v1olatl0n or to recover damages, and agalnst

the land to enforce any lien created by these covenants; and fallure by the

Association or any Owner to enforce any covenant or restrict10n here~n

contalned shall in no event be deemed a waiver of the right to do so there

after.

section 4: Severab11ity: Invalidation of anyone of these covenants or

restr~ct~ons by judgment or Court Order shall 1n no Wlse affect any other

provisions which shall remaln 1n full force and effect.

WITNESS the corporate slgnature th~s ____ ~~~fJ~ __ __ 3 .. 11 day of Matf, 1996

FOREST HEIGHTS INC , a corporation

By~\IE{~: ~ Its prentlent

- 16 -

deed book no. 567 - berkeley county, w. va. · 2017-01-01 · deed book no. 567 - berkeley...

Documents