TRACT NO. 8126 ORIGINAL RESTRICTIONS RECORDED MARCH 21, 1973 IN BOOK 10603, PAGE 943, O. R.
AMENDMENT RECORDED JUNE 11, 1973 IN BOOK 10743, PAGE 387, O. R.
< AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 9 THIS AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS IS MADE ON THE DATE HEREINAFTER SET FORTH, BY WOODBINE CORPORATION, A CALIFORNIA CORPORATION, HEREINAFTER REFERRED TO AS "DECLARANT".
WITNESSETH: WHEREAS, DECLARANT IS THE OWNER OF THAT CERTAIN PROPERTY IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, WHICH IS MORE PARTICULARLY DESCRIBED AS: LOTS 1-196 AND LOTS A, C AND D OF TRACT 8126, IN THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED IN BOOK 316, PAGES 18-22 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND WHEREAS, DECLARANT HAS HERETOFORE FILED A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WITH RESPECT TO SAID PROPERTY, WHICH DECLARATION WAS RECORDED MARCH 21, 1973, AS INSTRUMENT NO. 18397, IN BOOK 10603, AT PAGE 943, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOW THEREFORE, DECLARANT HEREBY DECLARES THAT ALL OF THE EASEMENTS, RESTRICTIONS, COVENANTS AND CONDITIONS AS SET FORTH IN SAID DECLARATION SHALL BE AND REMAIN A CHARGE UPON AND SHALL AFFECT SAID REAL PROPERTY EXCEPT AS HEREIN AMENDED, AND THAT THE AMENDMENTS AS SET FORTH HEREIN ARE FOR THE PURPOSE OF PROTECTING THE VALUE AND DESIRABILITY OF, AND SHALL RUN WITH THE REAL PROPERTY AND BE BINDING UPON ALL PARTIES HAVING ANY RIGHT, TITLE OR INTEREST IN THE DESCRIBED PROPERTIES, OR ANY PART THEREOF, THEIR HEIRS, SUCCESSORS AND ASSIGNS, AND SHALL INURE TO THE BENEFIT OF EACH OWNER THEREOF.
AMENDMENTS: ARTICLE I, SECTION 4 IS AMENDED TO READ AS FOLLOWS: SECTION 4.
:
PROPERTIES, OR ANY PART THEREOF, THEIR HEIRS, SUCCESSORS AND ASSIGNS, AND SHALL INURE TO THE BENEFIT OF EACH OWNER THEREOF.
AMENDMENTS: ARTICLE I, SECTION 4 IS AMENDED TO READ AS FOLLOWS: SECTION 4.
: "COMMON AREA" SHALL MEAN ALL REAL PROPERTY OWNED BY THE ASSOCIATION FOR THE COMMON USE AND ENJOYMENT OF THE OWNERS. THE COMMON AREA TO BE OWNED BY THE ASSOCIATION AT THE TIME OF THE CONVEYANCE OF THE FIRST LOT IS DESCRIBED AS FOLLOWS: LOTS A, C AND D OF TRACT 8126. IN THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED IN BOOK 316, PAGES 18-22 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; PROVIDED HOWEVER, THAT (A) IF ANY PORTION OF THE IMPROVEMENTS BUILT ORIGINALLY ON THE LOTS, INCLUDING BUT NOT LIMITED TO ROOF OVERHANGS AND AIR CONDITIONING UNITS, ON ANY LOT, SHALL ENCROACH ON THE COMMON AREA, LOT A, A VALID EASEMENT FOR THE ENCROACHMENT AND FOR THE MAINTENANCE OF SAME, SO LONG AS IT STANDS, SHALL AND DOES EXIST. NOTHING IN THIS PROVISION IS INTENDED TO PERMIT THE CONSTRUCTION OF ANY ADDITIONAL IMPROVEMENTS OR STRUCTURES BY LOT OWNERS OR THEIR SUCCESSORS IN INTEREST THAT MAY HEREAFTER ENCROACH ON THE COMMON AREA, EXCEPT IN THOSE AREAS DESIGNATED AS EXCLUSIVE EASEMENTS REFERRED TO IN PARAGRAPH (B) BELOW.
(B) EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, PATIO AND LANDSCAPING PURPOSES, FOR THE BENEFIT OF LOTS ABUTTING SAID EASEMENTS, SHALL EXIST OVER STRIPS OF LAND 5 FEET IN WIDTH WITHIN THE COMMON AREA, LOT A, LYING ADJACENT TO AND ABUTTING THE NORTHWESTERLY LINES OF LOTS 62 AND 80; THE SOUTHWESTERLY LINES OF LOTS 83, 92, 95, 104, 107 AND 116%; THE NORTHEASTERLY LINES OF LOTS 5, 10 AND 24; THE SOUTHEASTERLY LINES OF LOTS 2, 165, 174, 177, 186 AND 189; THE NORTHERLY LINES OF LOTS
THE SOUTHWESTERLY LINES OF LOTS 83, 92, 95, 104, 107 AND 116%; THE NORTHEASTERLY LINES OF LOTS 5, 10 AND 24; THE SOUTHEASTERLY LINES OF LOTS 2, 165, 174, 177, 186 AND 189; THE NORTHERLY LINES OF LOTS 27, 36, 39, 48, 51, 60, 145 AND 160; THE SOUTHERLY LINES OF LOTS 143, 147, 149, 156, 158 AND 162; THE EASTERLY LINES OF LOTS 10, 11, 20, 71, 122 AND 137; AND THE WESTERLY LINES OF LOTS 66, 75, 125 AND 134.
ARTICLE I, SECTION 5: SECTION 5.
LOT SHALL MEAN AND REFER TO ANY PLOT OF LAND SHOWN UPON ANY RECORDED SUBDIVISION MAP OF THE PROPERTIES WITH THE EXECEPTION OF THE COMMON AREA: PROVIDED, HOWEVER, THAT SIDELINE EASEMENTS 5 FEET IN WIDTH OVER THAT PORTION OF EACH LOT WHICH LIES OPPOSITE THE PATIO AREA OF THE ADJACENT LOT IS HEREBY RESERVED. FOR THE BENEFIT OF THE ADJACENT LOT OWNERS FOR PURPOSES OF INGRESS, EGRESS, PATIO AND LANDSCAPING. SUCH EASEMENTS, WHEN CONVEYED TO LOT OWNERS BY DECLARANT, → continued TRACT NO. 8126 IN BOOK 10743, PAGE 387, O. R.
2 ° BECOME APPURTENANT TO THE ADJACENT LOT FOR THE USE AND ENJOYMENT BY THE DOMINANT TENEMENT WHO SHALL HAVE FULL RESPONSIBILITY FOR THE UPKEEP OF THE EASEMENT AREA. DOMINANT TENEMENT SHALL BE LIABLE FOR ANY DAMAGE TO THE STRUCTURE TO WHICH THE EASEMENTS ABUT BY REASON OF NEGLIGENCE OR WILLFUL MISCONDUCT. SERVIENT TENEMENTS SHALL HAVE REASONABLE RIGHTS OF ACCESS OVER SAID EASEMENT FOR MAINTENANCE OF EXISTING IMPROVEMENTS LOCATED ON THE LAND OF THE SERVIENT TENEMENT THAT ABUT SAID EASEMENT.
INWITNESS WHEREOF, THE UNDERSIGNED, BEING THE DECLARANT HEREIN, HAS HEREUNTO SET ITS HAND AND SEAL THIS DAY OF MAY 1973.
18 WOODBINE CORPORATION BY NATHAN SHAPELL NATHAN SHAPELL, PRESIDENT BY IRVIN STERMAN IRVIN STERMAN SECRETARY TRACT NO. 8126 ORIGINAL RESTRICTIONS RECORDED MARCH 21, 1973 IN BOOK 10603, PAGE 943, O. R.
18 WOODBINE CORPORATION BY NATHAN SHAPELL NATHAN SHAPELL, PRESIDENT BY IRVIN STERMAN IRVIN STERMAN SECRETARY TRACT NO. 8126 ORIGINAL RESTRICTIONS RECORDED MARCH 21, 1973 IN BOOK 10603, PAGE 943, O. R.
AMENDMENT - RECORDED JUNE 11, 1973 IN BOOK 10743, PAGE 387, O. R.
AMENDMENT RECORDED JULY 6, 1973 IN BOOK 10788, PAGE 959, O. R.
AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TRACT NO. 8126 THIS DECLARATION, MADE THIS 3RD DAY OF JULY, 1973 BY WOODBINE CORPORATION, A CALIFORNIA CORPORATION, HEREINAFTER REFERRED TO AS "DECLARANT": WITNESSETH: WHEREAS DECLARANT IS THE SOLE OWNER OF THE FOLLOWING DESCRIBED REAL PROPERTY IN THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: RECORDED IN BOOK 316 LOTS 1 THROUGH 196/ OF TRACT 8126 IN THE CITY OF CYPRESS, COUNTY ORANGE, STATE OF CALIFORNIA.
PAGES 18 THROUGH 22 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
: $ RECORDED IN BOOK 316, LOTS A, C AND D OF TRACT 8126 IN THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA.
PAGES 18 THROUGH 22 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS THE ORIGINAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FILED ON THE 21ST DAY OF MARCH, 1973, IN THE OFFICIAL RECORDS OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA IN BOOK 10603, PAGES 943 THROUGH 955, INCLUSIVE, IS TO BE AMENDED. ARTICLE IV, SECTION 7 IS HEREBY AMENDED AND SHALL NOW READ: DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS: DUE DATES.
THE ANNUAL ASSESSMENTS PROVIDED FOR HEREIN SHALL COMMENCE AS TO ALL RESIDENTIAL LOTS ON THE FIRST DAY OF THE MONTH FOLLOWING THE CONVEYANCE OF THE FIRST RESIDENTIAL LOT TO AN INDIVIDUAL OWNER; PROVIDED HOWEVER, THAT THE ASSOCIATION, BY A MA-
SHALL COMMENCE AS TO ALL RESIDENTIAL LOTS ON THE FIRST DAY OF THE MONTH FOLLOWING THE CONVEYANCE OF THE FIRST RESIDENTIAL LOT TO AN INDIVIDUAL OWNER; PROVIDED HOWEVER, THAT THE ASSOCIATION, BY A MAJORITY VOTE OF ITS BOARD MAY EXTEND THE COMMENCMENT DATE OF ANNUAL ASSESSMENTS TO A DATE, NOT LATER THAN TWO MONTHS FOLLOWING THE COMPLETION OF ALL IMPROVEMENTS, AND LANDSCAPING WITHIN THE COMMON AREAS , BUT IN NO EVENT LATER THAN ONE YEAR FROM SALE OF FIRST RESIDENTIAL LOT, IF DECLARANT, BY A WRITTEN AGREEMENT WITH THE ASSOCIATION, COMMITS TO MAINTAIN THE FIRST ANNUAL ASSESSMENT SHALL BE ADJUSTED ACCORDING TO THE NUMBER OF MONTHS RETHE COMMON AREAS UNTIL SUCH DATE.
THE BOARD OF DIRECTORS SHALL FIX THE AMOUNT OF THE ANNUAL ASSESSMENT AGAINST EACH LOT AT MAINING IN THE CALENDAR YEAR.
WRITTEN NOTICE OF THE ANNUAL ASSESSMENT SHALL BE LEAST THIRTY (30) DAYS IN ADVANCE OF EACH ANNUAL ASSESSMENT PERIOD.
THE ASSOCIATION THE DUE DATES SHALL BE ESTABLISHED BY THE BOARD OF DIRECTORS.
SENT TO EVERY OWNER SUBJECT THERETO.
SHALL, UPON DEMAND, AND FOR A REASONABLE CHARGE, FURNISH A CERTIFICATE SIGNED BY AN OFFICER OF THE ASSOCIATION SETTING FORTH WHETHER THE ASSESSMENTS ON A SPECIFIED LOT HAVE BEEN PAID.
IN WITNESS WHEREOF, DECLARANT HAS CAUSED ITS CORPORATE NAME TO BE HERETO SUBSCRIBED BY THE OFFICERS THEREUNTO DULY AUTHORIZED, AND ITS CORPORATE SEAL TO BE HEREUNTO AFFIXED THE DAY AND YEAR FIRST ABOVE WRITTEN.
WOODBINE CORP.
BY: BY: DAVID SHAPELL DAVID SHAPELL, VICE PRESIDENT IRVIN STERMAN IRVIN. STERMAN, SECRETARY TRACT NO. 8126 ORIGINAL RESTRICTIONS RECORDED MARCH 21, 1973 IN BOOK 10603, PAGE 943, O. R.
AMENDMENT RECORDED JUNE 11, 1973 IN BOOK 10743, PAGE 387, O. R.
AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
L RESTRICTIONS RECORDED MARCH 21, 1973 IN BOOK 10603, PAGE 943, O. R.
AMENDMENT RECORDED JUNE 11, 1973 IN BOOK 10743, PAGE 387, O. R.
AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS IS MADE ON THE DATE HEREINAFTER SET FORTH, BY WOODBINE CORPORATION , A CALIFORNIA CORPORATION, HEREINAFTER REFERRED TO AS "DECLARANT".
WITNESSETH: WHEREAS, DECLARANT IS THE OWNER OF THAT CERTAIN PROPERTY IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, WHICH IS MORE PAR-, TICULARLY DESCRIBED AS: LOTS 1-196 AND LOTS A, C. AND D OF TRACT 8126, IN THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED IN BOOK 316, PAGES 18-22 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND WHEREAS, DECLARANT HAS HERETOFORE FILED A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WITH RESPECT TO SAID PROPERTY, WHICH DECLARATION WAS RECORDED MARCH 21, 1973, AS INSTRUMENT NO. 18397, IN BOOK 10603, AT PAGE 943, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOW, THEREFORE, DECLARANT HEREBY DECLARES THAT ALL OF THE EASEMENTS, RESTRICTIONS, COVENANTS AND CONDITIONS AS SET FORTH IN SAID DECLARATION SHALL BE AND REMAIN A CHARGE UPON AND SHALL AFFECT SAID REAL PROPERTY EXCEPT AS HEREIN AMENDED, AND THAT THE AMENDMENTS AS SET FORTH HEREIN ARE FOR THE PURPOSE OF PROTECTING THE VALUE AND DESIRABILITY OF, AND SHALL RUN WITH THE REAL PROPERTY AND BE BINDING UPON ALL PARTIES HAVING ANY RIGHT, TITLE OR INTEREST IN THE DESCRIBED PROPERTIES, OR ANY PART THEREOF, THEIR HEIRS, SUCCESSORS AND ASSIGNS, AND SHALL INURE TO THE BENEFIT OF EACH OWNER THEREOF.
AMENDMENTS: ARTICLE I, SECTION 4 IS AMENDED TO READ AS FOLLOWS: SECTION 4.
:
PROPERTIES, OR ANY PART THEREOF, THEIR HEIRS, SUCCESSORS AND ASSIGNS, AND SHALL INURE TO THE BENEFIT OF EACH OWNER THEREOF.
AMENDMENTS: ARTICLE I, SECTION 4 IS AMENDED TO READ AS FOLLOWS: SECTION 4.
: "COMMON AREA" SHALL MEAN ALL REAL PROPERTY OWNED BY THE ASSOCIATION FOR THE COMMON USE AND ENJOYMENT OF THE OWNERS. THE COMMON AREA TO BE OWNED BY THE ASSOCIATION AT THE TIME OF THE CONVEYANCE OF THE FIRST LOT IS DESCRIBED AS FOLLOWS: LOTS A, C AND D OF TRACT 8126, IN THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED IN BOOK 316, PAGES 18-22 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; PROVIDED HOWEVER, THAT (A) IF ANY PORTION OF THE IMPROVEMENTS BUILT ORIGINALLY ON THE LOTS, INCLUDING BUT NOT LIMITED TO ROOF OVERHANGS AND AIR CONDITIONING UNITS , ON ANY LOT, SHALL ENCROACH ON THE COMMON AREA, LOT A, A VALID EASEMENT FOR THE ENCROACHMENT AND FOR THE MAINTENANCE OF SAME, SO LONG AS IT STANDS, SHALL AND DOES EXIST. NOTHING IN THIS PROVISION IS INTENDED TO PERMIT THE CONSTRUCTION OF ANY ADDITIONAL IMPROVEMENTS OR STRUCTURES BY LOT OWNERS OR THEIR SUCCESSORS IN INTEREST THAT MAY HEREAFTER ENCROACH ON THE COMMON AREA, EXCEPT IN THOSE AREAS DESIGNATED AS EXCLUSIVE EASEMENTS REFERRED TO IN PARAGRAPH (B) BELOW.
(B) EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, PATIO AND LANDSCAPING PURPOSES, FOR THE BENEFIT OF LOTS ABUTTING SAID EASEMENTS , SHALL EXIST OVER STRIPS OF AND 5 FEET IN WIDTH WITHIN THE COMMON AREA, LOT A, LYING ADJACENT TO AND ABUTTING THE NORTHWESTERLY LINES OF LOTS 62 AND 80; THE SOUTHWESTERLY LINES OF LOTS 83, 92, 95, 104, 107 AND 116; THE NORTHEASTERLY LINES OF LOTS 5, 10 AND 24; THE SOUTHEASTERLY LINES OF LOTS 2, 165, 174, 177, 186 AND 189; THE NORTHERLY LINES OF LOTS ( 27, 36, 39, 48, 51
INES OF LOTS 83, 92, 95, 104, 107 AND 116; THE NORTHEASTERLY LINES OF LOTS 5, 10 AND 24; THE SOUTHEASTERLY LINES OF LOTS 2, 165, 174, 177, 186 AND 189; THE NORTHERLY LINES OF LOTS ( 27, 36, 39, 48, 51 , 60, 145 AND 160; THE SOUTHERLY LINES OF LOTS 143, 147, 149, 156, 158 AND 162; THE EASTERLY LINES OF LOTS 10, 11, 20, 71, 122 AND 137; AND THE WESTERLY LINES OF LOTS 66, 75, 125 AND. 134.
ARTICLE I, SECTION 5: SECTION 5.
"LOT SHALL MEAN AND REFER TO ANY PLOT OF LAND SHOWN UPON ANY RECORDED SUBDIVISION MAP OF THE PROPERTIES WITH THE EXCEPTION OF THE COMMON AREA; PROVIDED, HOWEVER, THAT SIDELINE EASEMENTS 5 FEET IN WIDTH OVER THAT PORTION OF EACH LOT WHICH LIES OPPOSITE THE PATIO AREA OF THE ADJACENT LOT IS HEREBY RESERVED FOR THE BENEFIT OF THE ADJACENT LOT OWNERS FOR PURPOSES OF INGRESS, EGRESS, PATIO AND LANDSCAPING. SUCH EASEMENTS, WHEN CONVEYED TO LOT OWNERS BY DECLARANT, " continued " TRACT NO. 8126 IN BOOK 10743, PAGE 387, O. R.
-2BECOME APPURTENANT TO THE ADJACENT LOT FOR THE USE AND ENJOYMENT BY THE DOMINANT TENEMENT WHO SHALL HAVE FULL RESPONSIBILITY FOR THE UPKEEP OF THE EASEMENT AREA. DOMINANT TENEMENT SHALL BE LIABLE FOR ANY DAMAGE TO THE STRUCTURE TO WHICH THE EASEMENTS ABUT BY REASON OF NEGLIGENCE OR WILLFUL MISCONDUCT. SERVIENT TENEMENTS SHALL HAVE REASONABLE RIGHTS OF ACCESS OVER SAID EASEMENT FOR MAINTENANCE OF EXISTING IMPROVEMENTS LOCATED ON THE LAND OF THE SERVIENT TENEMENT THAT ABUT SAID EASEMENT.
INWITNESS WHEREOF, THE UNDERSIGNED, BEING THE DECLARANT HEREIN, HAS HEREUNTO SET ITS HAND AND SEAL THIS 18 DAY OF MAY 1973.
: WOOD BINE CORPORATION BY NATHAN SHAPELL NATHAN SHAPELL, PRESIDENT BY IRVIN STERMAN IRVIN STERMAN, SECRETARY TRACT NO. 8126 ORIGINAL RESTRICTIONS RECORDED MARCH 21, 1973 IN BOOK 10603, PAGE 943, O. R.
WOOD BINE CORPORATION BY NATHAN SHAPELL NATHAN SHAPELL, PRESIDENT BY IRVIN STERMAN IRVIN STERMAN, SECRETARY TRACT NO. 8126 ORIGINAL RESTRICTIONS RECORDED MARCH 21, 1973 IN BOOK 10603, PAGE 943, O. R.
AMENDMENT - RECORDED JUNE 11, 1973 IN BOOK 10743, PAGE 387, O. R.
AMENDMENT RECORDED JULY 6, 1973 IN BOOK 10788, PAGE 959, O. R.
AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TRACT NO. 8126 THIS DECLARATION, MADE THIS 3RD DAY OF JULY, 1973 BY WOODBINE CORPORATION, A CALIFORNIA CORPORATION, HEREINAFTER REFERRED TO AS "DECLARANT": WITNESSETH: WHEREAS DECLARANT IS THE SOLE OWNER OF THE FOLLOWING DESCRIBED REAL PROPERTY IN THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS RECORDED IN BOOK. 316 THROUGH 196/ OF TRACT 8126 IN THE CITY OF CYPRESS, COUNTY ORANGE, STATE OF CALIFORNIA.
PAGES 18 THROUGH 22 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
LOTS A, C AND D OF TRACT 8126 IN THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA. RECORDED IN BOOK 316, PAGES 18 THROUGH 22 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY .
WHEREAS THE ORIGINAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FILED ON THE 21ST DAY OF MARCH, 1973, IN THE OFFICIAL RECORDS OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA IN BOOK 10603, PAGES 943 THROUGH 955, INCLUSIVE , IS TO BE AMENDED. ARTICLE IV, SECTION 7 IS HEREBY AMENDED AND SHALL NOW READ: DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS: DUE DATES.
; THE ANNUAL ASSESSMENTS PROVIDED FOR HEREIN SHALL COMMENCE AS TO ALL RESIDENTIAL LOTS ON THE FIRST DAY OF THE MONTH FOLLOWING THE CONVEYANCE OF THE FIRST. RESIDENTIAL LOT TO AN INDIVIDUAL OWNER; PROVIDED HOWEVER, THAT THE ASSOCIATION
ALL COMMENCE AS TO ALL RESIDENTIAL LOTS ON THE FIRST DAY OF THE MONTH FOLLOWING THE CONVEYANCE OF THE FIRST. RESIDENTIAL LOT TO AN INDIVIDUAL OWNER; PROVIDED HOWEVER, THAT THE ASSOCIATION JORITY VOTE OF ITS BOARD MAY EXTEND THE COMMENCMENT DATE OF ANNUAL ASSESSMENTS TO A DATE, NOT LATER THAN TWO MONTHS FOLLOWING THE COMPLETION OF ALL IMPROVEMENTS, AND LANDSCAPING WITHIN THE COMMON AREAS, BUT IN NO EVENT LATER THAN ONE YEAR FROM SALE OF FIRST RESIDENTIAL LOT, IF DECLARANT, BY A WRITTEN AGREEMENT WITH THE ASSOCIATION, COMMITS TO MAINTAIN THE COMMON AREAS UNTIL SUCH DATE. THE FIRST ANNUAL ASSESSMENT SHALL BE ADJUSTED ACCORDING TO THE NUMBER OF MONTHS REMAINING IN THE CALENDAR YEAR. THE BOARD OF DIRECTORS SHALL FIX THE AMOUNT OF THE ANNUAL ASSESSMENT AGAINST EACH LOT AT WRITTEN NOTICE OF THE ANNUAL ASSESSMENT SHALL BE LEAST THIRTY (30) DAYS IN ADVANCE OF EACH ANNUAL ASSESSMENT PERIOD.
THE ASSOCIATION SENT TO EVERY OWNER SUBJECT THERETO. THE DUE DATES SHALL BE ESTABLISHED BY THE BOARD OF DIRECTORS.
SHALL, UPON DEMAND, AND FOR A REASONABLE CHARGE, FURNISH A CERTIFICATE SIGNED BY AN OFFICER OF THE ASSOCIATION SETTING FORTH WHETHER THE ASSESSMENTS ON A SPECIFIED LOT HAVE BEEN PAID.
IN WITNESS WHEREOF, DECLARANT HAS CAUSED ITS CORPORATE NAME TO BE HERETO SUBSCRIBED BY THE OFFICERS THEREUNTO DULY AUTHORIZED, AND ITS CORPORATE SEAL TO BE HEREUNTO AFFIXED THE DAY AND YEAR FIRST ABOVE WRITTEN .
WOODBINE CORP.
BY: DAVID SHAPELL BY: DAVID SHAPELL, VICE PRESIDENT IRVIN STERMAN IRVIN STERMAN, SECRETARY D TRACT NO. 8126 BESTRICTIONS RECORDED MARCH 21, 1973 IN 200% 10603, PAGE 943, 0. A.
DECLARATION OF COVENANTS, CONDITIA RESTRICTIONS THIS DECLARATION, MADE ON THE DATE HEREINAFTER SET FORTH BY HONDA SPERATION ZA CALIPOFISIA CORPORATION, HEREINAFTER
1973 IN 200% 10603, PAGE 943, 0. A.
DECLARATION OF COVENANTS, CONDITIA RESTRICTIONS THIS DECLARATION, MADE ON THE DATE HEREINAFTER SET FORTH BY HONDA SPERATION ZA CALIPOFISIA CORPORATION, HEREINAFTER REFERRED TO AS "DECLARANT.”
W -M WITNESSETA: WHEREAS b DECLARANT IS THE OWNER OF CERTAIN PROFEATS IN THE COOPY OF CRANES, STATE OF CALIPOISIA, WHICH IS MORE PARTICULARLY DESCRIEZD AS; LOES 1-196 AND LOTS A, C AND DOF B 703 CITY OF CYFREOS, COURT OF ORANGE, STATE OF CALIFORNIA. RECORDED IN BOOK 316 PAGES 18-22 INCLUSIVE OF MISCELLANEOUS KAPU, IN THE OFFICE CE TR22 COUNTY RECORDER OF SAID COUNTY.
NOW THEREFORE, DECLARANT HEREBY DECLARES THAT ALL OF THE PROPERTIES DESCRIBED ABOVE SHALL HELD, SOLD AND CONVEYED SUBJECT TO THE FOLLOWING KASIMENTS, RESTRICTIONS, COVENANTS, AND CONDITIONS, WHICH ARE FOR THE FURPOSE OF PROTECTING THE VALIE AND DESIRABILITY OF, AND WHICH SHALL RUN WITH, THE REAL PROPERTY AND BE BINDING ON ALL PARTIES HAVING ANY RIGHT, TITLE OR INTEREST IN THE DESCRIBED PROPERTIES OR ANY PART THEREOF, THEIR SIRS, SUCCESSORS AND ASSIGNS, AND SHALL INURE TO THE BENEFIT OF EACH OWNER THEREOF.
SECTION 1.
SOTIC 2.
ARTICLE I DEFINITIONS :: "ASSOCIATION" SHALL MEAN AND REFER TO CYPRESS VILLAGE HOMEOWNERS ASSOCIATION, ITS SUCCESSORS AND ASSIGNS.
"CINER" SHALL MEAN AND REFER TO THE RECORD CAR, WHETHER ONE OR MORE PERSONS OR ENTITIES, OF A FRE STIPPLE TITLE TO ANY LOT WHICH IS A PART OF THE PROPERTIES, INCLUDING CONTRACT SELLERS, KIT EXCLUDING THOSE HAVING SUCH INTEREST MERELY AS SECURITY FOR THE PERECIDANCE OF AN OBLIGATION.
SECTION 3. "PROPERTIES" SHALL MEAN AND REFER TO THAT CERTAIN REAL PROPERTY HEREINSEFORE DESCRIBED, AND SUCH ADDITIONS THERETO AS MAY HEREAFTER BE BROUGHT WITHIN THE JURISDICTION OF THE ASSOCIATION.
N.
SECTION 3. "PROPERTIES" SHALL MEAN AND REFER TO THAT CERTAIN REAL PROPERTY HEREINSEFORE DESCRIBED, AND SUCH ADDITIONS THERETO AS MAY HEREAFTER BE BROUGHT WITHIN THE JURISDICTION OF THE ASSOCIATION.
SECTION 4. "COMMON AREA" SHALL MEAN ALL REAL PROPERTY OWNED BY THE ASSOCIATION POR THE COMMON USE AND ENJOYMENT OF THE OWNERS. THE COMMON AREA TO HE OWNED BY THE ASSOCIATION AT THE TIME OF THE CONVEYANCE OF THE FIRST LOT IS DESCRISED AS FOLLOWS: LOT AC AND LOT D OF TRACT 8126 IN THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA. RECORDED IN BOOK 316, PAGES 18-22 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
SECTION 5. LOT SHALL MEAN AND REFER TO ANY PLOT OF LAND SHOWN UPON ANY RECORDED SUBDIVISION MAP OF THE PROPERTIES WITH THE EXCEPTION OF THE COMMON AREA.
SECTION 6. "DECLARANT SHALL MEAN AND REVER TO WOODBINE CORPORATION A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS IF SUCH SUCCESSORS OR ASSIGNS SHOULD ACQUIRE MORE THAN ONE UNDEVELOPED LOT FROM THE DECLARANT FOR THE PURPOSE OF DEVELOPMENT.
EF,ARTICLE 11 PROPERTY RIGHTS EVERY CANER SHALL HAVE A RIGHT OF INGRESS AND EGRESS AND OF EMJONMENT IN APPURTEMANT TO AND SHALL PASS WITH THE TITLE TO EVERY LOT, SUBJECT TO THE FOLLOWSECTION OWNER'S BASEMENTS OF PUJOYMENT.
AND TO THE COMMON AREA WHICH SHALL BE ING PROVISIONS: (A) THE RIGHT OF THE ASSOCIATION TO CHARGE REASONABLE AMISSION AND AND OTHER PRES FOR THE USE OF ANY RECREATIONAL FACILITY SITUATED UPON THE COMMON ARĪBA; (B) THE RIGHT OF THE ASSOCIATION TO SUSPEND THE VOTINGS AND RIGHT TO USE THE RECREATIONAL FACILITIES BY AN OWNER FOR ANY PERIOD DURING WHICH ANY ASSEREMENT AGAINST HIS LOT REMAINS UNFAID; AND FOR A PERIOD NOT TO EXCEED 30 DAYS FOR
ON TO SUSPEND THE VOTINGS AND RIGHT TO USE THE RECREATIONAL FACILITIES BY AN OWNER FOR ANY PERIOD DURING WHICH ANY ASSEREMENT AGAINST HIS LOT REMAINS UNFAID; AND FOR A PERIOD NOT TO EXCEED 30 DAYS FOR ANY INFRACTION OF ITS PUBLISHED DULES AND REGULATIONS AFTER A HEARING BY THE BOARD OF DIRECTORS OF THE ASSOCIATION; (C) THE RIGHT OF THE ASSOCIATION TO DEDICATE OR TRANSFER ALL OR ANY PART OF THE COMMON AREA TO ANY PUBLIC AGENCY, AUTHORITY, OR UTILITY FOR SUCH PURPOSES AND SUBJECT TO SUCH CONDITIONS AS MAY BE AGREED TO BY THE MEMBERR. NO SUCH DEDICATION OG TRANSVER SHALL EFFECTIVE UNL238 AN INSTRUMENT SIGNED BY TWO-THILLS (2/3) OF BACK CLASS OF MEMBERS AGREEING TO SUCH DEDICATION OR TRANSFRA HAS BEEN RECORD3D.
9.
- continued Raskaan TRACT NO. 8126 - 2 SECTION 2.
DELEGATION OF USE. ANY CWNER MAY DELEGATE, IN ACCORDANCE WITH THE RAN HIS RIGHT OF ENJOYMENT TO THE COMMON ADEA AND FACILITIES TO THE MEMBERS OF HIS FAMILY, HIS TENANTS, OR CONTRACT PURCHASERS WHO RESINS ON THE PROPERTY.
ARTICLE III MEMBERSHIP AND VOTING RIGHTS Y SECTION 1. EVERY OWNER OF A LOT WHICH IS SUBJECT TO ASSESSMENT SHALL BE A MEMBER OF THE ASSOCIATION, MEMBERSHIP SHALL APPURTENANT TO AND MAY NOT BE SEPARATED FROM OWNERSHIP OF ANY LOT WHICH IS SUBJECT TO ASSESSMENT.
SECTION 2. THE ASSOCIATION SHALL HAVE TWO CLASSES OF VOTING MEMBERSHIP: CLASS A. CLASS A MEMBERS SHALL BE ALL OWNERS WITH THE EXCEPTION OF THE DECLARANT AND SHALL BE ENTITLED TO CHE VOTE FOR EACH LOT OWNED. WHEN MORE THAN ONE PERSON HOLDS AN INTEREST IN ANY LOT, ALL SUCH PERSONS SHALL HI MIHRERS.
FOR SUCH LOT SHALL BE EXERCISED AS THEY AMONG THEMSELVES DETERMINE, BUT IN NO EVENT SHALL MORE THAIS CONE VOTG 22 CAST WITH RESPECT TO ANY LOT.
INTEREST IN ANY LOT, ALL SUCH PERSONS SHALL HI MIHRERS.
FOR SUCH LOT SHALL BE EXERCISED AS THEY AMONG THEMSELVES DETERMINE, BUT IN NO EVENT SHALL MORE THAIS CONE VOTG 22 CAST WITH RESPECT TO ANY LOT.
CLASS D. THE CLASS B MEMBER(S) SHALL BE THE DECLARANT AND SHALL BE ENTITLED TO THREE (3) VOTES FOR EATH LOT OWNED. THE CLASS B MEMBERSHIP SHALL CEASE AND BE CONVERTED TO CLASS A MEMBERSHIP ON THE HAPPENING OF BITHER OF THE FOLLOWING EVENTS, WHICHEVER OCCURS EARLIER: (A) WHEN THE TOTAL VOTES OUTSTANDING IN THE CLASS A MEMBERSHIP EQUAL THE TOTAL VOTES OUTSTANDING THE CLASS B MEMBERSHIP, OR (B) (C) TWO YEARS FROM THE DATE OF THE ISSUANCE OF THE MOST RECENT PUBLIC REPORT FOR A PHASE OF THE OVERALL DEVELOPMENT, OR ON JANUARY 25, 1976.
ARTICLE TV COVENANT FOR MAINTENANCE ASSESSMENTS B SECTION 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS. THE DECLARANT, FOR EACH LOT OWNED WITHIN THE PROPERTIES HEREBY COVENANTS AND EACH OWNER OF ANY LOT BY ACCEPTANCE OF A DEED THEREFORE, WHETHER OR NOT IT SHALL BE SO EXPRESSED IN SUCH DEED, IS DEEMED TO COVENANT AND AGREE TO PAY TO THE ASSOCIATION: (1) ANNUAL ASSESSMENTS OR CHARGES, AND (2) SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS, SUCH ASSESSMENTS TO BE ESTABLISHED AND COLLECTED AS HEREINAFTER PROVIDED. THE ANNUAL AND SPECIAL ASSESSMENTS, TOGETHER WITH INTEREST, COSTS, AND REASONABLE ATTORNEY'S FEES, SHALL BE A CHARGE ON THE LAND AND SHALL BE A CONTINUING LIEN UPON THE PROPERTY AGAINST WHICH EACH SUCH ASSESSMENT IS MADE. EACH SUCH ASSESSMENT, TOGETHER WITH INTEREST, COSTS, AND REASONABLE ATTORNEY'S FEES, SHALL ALSO BE THE PERSONAL OBLIGATION OF THE PERSON WHO WAS THE OWNER OF SUCH PROPERTY AT THE TIME WHIN THE ASSESSMENT FELL DUE. THE PERSONAL OBLIGATION FOR
EST, COSTS, AND REASONABLE ATTORNEY'S FEES, SHALL ALSO BE THE PERSONAL OBLIGATION OF THE PERSON WHO WAS THE OWNER OF SUCH PROPERTY AT THE TIME WHIN THE ASSESSMENT FELL DUE. THE PERSONAL OBLIGATION FOR DELINQUENT ASSESSMENTS SHALL NOT PASS TO HIS SUCCESSORS IN TITLE UNLESS EXPRESSLY ASSIMED BY THEM.
SECTION 2. PURPOSE OF ASSESSMENTS. THE ASSESSMENTS LEVIED BY THE ASSOCIATION SHALL BE USED EXCLUSIVELY TO PROMOTE THE RECREATION, HEALTH, SAFETY AND WELFARE OF THE RESIDENTS IN THE PROPERTIES AND FOR THE IMPROVEMENT AND MAINTENANCE OF THE COMMON AREA, AND OF THE HOMES SITUATED UPON THE PROPERTIES.
SECTION 3. MAXIMUM ANNUAL ASSESSMENT. UNTIL JANUARY 1 OF THE YEAR IMMEDIATELY FOLLOWING THE CONVEYANCE OF THE FIRST LOT TO AN OWNER, THE MAYDIUM ANNUAL ASSESSMENT SHALL BE TWO HUNDRED NINETY EIGHT DOLLARS 00/100 PER LOT.
(A) FROM AND AFTER JANUARY 1 OF THE YEAR IMMEDIATELY FOLLOWING THE CONVEYANCE OF THE FIRST LOT TO AN OWNER, THE MAXIMUM ANNUAL ASSESSMENT MAY BE INCREASED EACH YEAR NOT MORE THAN 5% ABOVE THE MAXIMUM ASSESSMENT FOR THE PREVIOUS YEAR WITHOUT A VOTE OF THE MEMBERSHIP.
(B) FROM AND AFTER JANUARY 1 OF THE YEAR DOMEDIATELY FOLLOWING THE CONVEYANCE OF THE FIRST LOT TO AN OWNER, THE MAXIMUM ANNUAL ASSESSMENT MAY BE INCREASED ABOVE 5% BY THE VOTE OR WRITTEN ASSENT OF 51% OF EACH CLASS OF MEMBERS.
(C) THE BOARD OF DIRECTORS MAY FIX THE ANNUAL ASSESSMENT AT AN AMOUNT NOT IN EXCESS OF THE MAXIMUM.
SECTION 4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVIYENAN IN ADDITION TO THE ANNUAL ASSESSMENTS AUTHORIZED ABOVE, THE ASSOCIATION MAY LEVY, IN ANY ABSESSMENT YEAR, A SPECIAL ASSESSMENT APPLICABLE TO THAT YEAR ONLY FOR THE PURPOSE OF DEFRAYING, IN WHOLE OR IN PART, THE COST OF ANY CONSTRUCTION, RECONSTRUCTION, DEPAIR OR REPLACEMENT OF A CAPITAL IMPROVE-
T YEAR, A SPECIAL ASSESSMENT APPLICABLE TO THAT YEAR ONLY FOR THE PURPOSE OF DEFRAYING, IN WHOLE OR IN PART, THE COST OF ANY CONSTRUCTION, RECONSTRUCTION, DEPAIR OR REPLACEMENT OF A CAPITAL IMPROVEMENT UPON THE COMMON AREA, INCLUDING FIFFURES, PERSONAL PROPERTY, FIRE, CASUALTY, LIABILITY OR OTHER INSURANCE AND SERVICES RELATED THERETO. ANY SUCH ASSESSMENT OR CONTRACT FOR MATERIALS AND/OR SERVICES IN EFFECT FOR MORE THAN OPE YEAR SHALL HAVE THE VOTE OR WEITZEN ASSENT OF 51% OF CLASS "A" MEMBERS EXCLUDING THE DECLARANT.
- continued TRACT NO. 8126 IN BOOK 10603, PAGE 943, O. R.
- 3 4 SHALL BE TAKEN AT A KRETING CALLED FOR THAT PURPOSE, WRITTEN NOTICE OF WHICH SHALL BE SENT TO ALL MEMBERS NOT LESS THAN 30 DAYS NOR HORE THAN 60 DAYS IN ADVANCE OF THE MEETING. IF THE PROPOSED ACTICE 10 FAVORED BY A MAJORITY OF THE VOTES CAST AT SUCH MEETING, BUT SUCH VOTE IS LESS THAN THE REQUISITE 31% OF EACH CLASS OF HENREES, MEMBERS WHO WERE NOT PRESENT IN PERSON OR BY PROXY MAY GIVE THEIR ASSENT IN WRITING, PROVIDED THE SAME IS OBTAINED BY THE APPROPRIATE OFFICERS OF THE ASSOCIATION NOT LATER THAN 30 DAYS FROM THE DATE OF SUCH MEETING.
SECTION 6. UNIFORM RATE OF ASSESSMENT.
AND MAY BE COLLECTED ON A MONTHLY RASIS.
BOTH ANNUAL AND SPECIAL ASSESSMENTS MUST BE FIXED AT A UNIFORM RATE FOR ALL LOTS SECTION 7. DATE OF COMMENCEMENT OF ANNUAL AL ASSESIENTS DUE DATES THE ANNUAL ASSESSMENTS PROVIDED FOR HERE IN SHALL COMMENCE AS TO ALL LOTS ON THE FIRST DAY OF THE MONTH PULOWING THE CONVEYANCE OF TEX COMMON AREA. THE FIRST ANNUAL ASSESSMENT SHALL BE ADJUSTED ACCORDING TO THE NUMERE OF PONTHS REMAINING IN THE CALENDAR YEAE, THE BOARD OF DIRECTORS
IRST DAY OF THE MONTH PULOWING THE CONVEYANCE OF TEX COMMON AREA. THE FIRST ANNUAL ASSESSMENT SHALL BE ADJUSTED ACCORDING TO THE NUMERE OF PONTHS REMAINING IN THE CALENDAR YEAE, THE BOARD OF DIRECTORS SHALL FIX ME AMOUNT OF THE ANNUAL ASSESSMENT AGAINST EACH LOT AT LEAST THIRTY (30) DAYS IN ADVANCE OF LACS ANNUAL ASSESSMENT PERIOD. TATES WHICH COULD BYCOME A LIEN ON THE COMMON AREA MUST BE PAID FOR ST CIB ACDOCIATION. BRITTEN NOTICE OF THE ANNUAL ASSESSMENT SHALL BE SENT TO EVERY OWNER SUBJECT THERETO. TAB DAS DATES SHAI. PE NOTABLISHED BY THE HOARD OF DIRECTORS, THE ASSOCIATION SHALL, UPON MAND, AND FOR A BASONABLE CHARCH, FURNISH A CERTIFICATE SIGNED BY AN OFFICER OF THE ASSOCIATION SETTING FORTH WHETHER THE ASS280MENTS ON A BF2CIFIED LOF HAVE BEEN PAID. IF A CERTIFICATE STATES THAT AN ASSESSMENT HAS BEEN PAID, SUCH CERTIFICATE SHALL SS CONCLUSIVE EVIDENCE OF SUCH PAYMENT.
SECTION 8. EFFECT OF NONPAYMENT OF ASSESSMENTS: BYRDIES OR THE ASSOCIATION. ANY ASSESSMENT NOT PAID WITHIN THIRTY (30) DAYS AFTER THE DUE DATE SHALL BEAR INTEREST FROM THE DUE DATE AT THE RATE OF 6 PERCENT PER ANNUM. THE ASSOCIATION MAY BRING AN ACTION AT LAW AGAINST THE OWNER PERSONALLY OBLIGATED TO PAY THE SAME, OR FORECLOSE THE LIEN AGAINST THE PROPERTY.
NO OWNER MAY WAIVE OR OTHERWISE ESCAPE LIABILITY FOR THE ASSESSMENTS PROVIDED FOR HEREIN BY NONUSE OF THE COMMON AREA OR ABANDONMENT OF HIS LOT.
SECTION 9.
SUBORDINATION OF THE LIEN TO MORTGAGES. THE LIEN OF THE ASSESSMENTS PROVIDED FOR HEREIN SHALL BE SUBORDINATE TO THE LIEN OF ANY FIRST MORTGAGE. SALE OR TRANSFER OF ANY LOT SHALL NOT AFFECT THE ASSESSMENT LIEN. HOWEVER, THE SALE OR TRANSFER OF ANY LOT PURSUANT TO MORTGAGE FORECLOSURE OR ANY PROCEEDING IN LIEU THEREOF, SHALL EXTINGUISH THE LIEN OF
E OR TRANSFER OF ANY LOT SHALL NOT AFFECT THE ASSESSMENT LIEN. HOWEVER, THE SALE OR TRANSFER OF ANY LOT PURSUANT TO MORTGAGE FORECLOSURE OR ANY PROCEEDING IN LIEU THEREOF, SHALL EXTINGUISH THE LIEN OF SUCH ASSESSMENTS AS TO PAYMENTS WHICH RECAME DUE PRIOR TO SUCH SALE OR TRANSFER. NO SALE OR TRANSFER SHALL RELIEVE SUCH LOT FROM LIABILITY FOR ANY ASSESSMENTS THEREAFTER RECOMING DUE OR FROM THE LIEN THEREOF.
SECTION 10.
IN THE EVENT OF DESTRUCTION OR EXTENSIVE DAMAGE TO THE COMMON AREAS OR FACILITIES, IT IS INTENDED THAT THE INSURANCE PROCEEDS PAYABLE TO THE ASSOCIATION ON ACCOUNT OF SUCH DESTRUCTION OR DAMAGE BE USED TO REBUILD OR REPAIR THE DAMAGED FACILITIES.
ARTICLE V ARCHITECTURAL CONTROL NO BUILDING, FENCE, WALL, OR OTHER STRUCTURE SHALL BE COMMENCED, ERECTED OR MAINTAINED UPON THE PROPERTIES, NOR SHALL ANY EXTERIOR ADDITION TO OR CHANCE OR ALTERATION THEREIN RE MADE UNTIL THE PLANS AND SPECIFICATION SHOWING THE NATURE, KIND, SHAPE, HEIGHT, MATERIALS, AND LOCATION OF THE SAME SHALL HAVE BEEN SUBMITTED TO AND APPROVED IN WRITING AS TO HARMONY OF EXTERNAL DESIGN AND LOCATION IN RELATION TO SURROUNDING STRUCTURES AND TOPOGRAPHY BY THE BOARD OF DIRECTORS OF THE ASSOCIATION, OR BY AN ARCHITECTURAL COMMITTEE COMPOSED OF THREE (3) OR MORE REPRESENTATIVES APPOINTED BY THE BOARD.
THE EVENT SAID BOARD, OR ITS DESIGNATED COMMITTEE, FAILS TO APPROVE OR DISAPPROVE SUCH DESIGN AND LOCATION WITHIN THIRTY (30) DAYS AFTER SAID PLANS AND SPECIFICATIONS HAVE BEEN SUBMITTED TO IT, APPROVAL WILL NOT BE REQUIRED AND THIS ANTICLE WILL BE DEEMED TO HAVE BEEN FULLY COMPLIED WITH.
SECTION 1.
ENFORCEMENT.
ARTICLE VI GENERAL PROVISIONS IN THE ASSOCIATION, OR ANY OWNER, SHALL HAVE THE RIGHT TO ENFORCE, BY ANY PROCEEDING AT LAW OR
LE WILL BE DEEMED TO HAVE BEEN FULLY COMPLIED WITH.
SECTION 1.
ENFORCEMENT.
ARTICLE VI GENERAL PROVISIONS IN THE ASSOCIATION, OR ANY OWNER, SHALL HAVE THE RIGHT TO ENFORCE, BY ANY PROCEEDING AT LAW OR IN EQUITY ALL RESTRICTIONS, CONDITIONS, COVENANTS, RESERVATIONS, LIENS AND CHARGES NOW OR HEREAFTER IMPOSED BY THE PROVISIONS OF THIS DECLARATION. FAILURE BY THE ASSOCIATION OR BY ANY OWNER TO ENFORCE ANY COVENANT OR RESTRICTION HEREIN CONTAINED SHALL IN NO EVENT BE DEEMED A WAIVER OF THE RIGHT TO DO SO THEREAFTER.
SECTION 2. SEVERABILITY. INVALIDATION OF ANY ONE OF THESE COVENANTS OR RESTRICTIONS BY JUDGEMENT OR COURT ORDER SHALL IN NOWISE AFFECT ANY OTHER PROVISIONS WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.
SECTION 3. AMENDMENT. THE COVENANTS AND RESTRICTIONS OF THIS DECLARATION SHALL RUN WITH AND BIND THE LAND, FOR A TERM OF TWENTY (20) YEARS FROM THE DATE THIS DECLARATION IS RECORDED, AFTER WHICH TIME THEY SHALL BE AUTOMATICALLY EXTENDED POR SUCCESSIVE PERIODS OF TEN (10) YEARS. THIS DECLARATION MAY BE AMENDED BY AN INSTRUMENT SIGNED BY NOT LISS THAN SEVENTY-FIVE PERCENT (75%) OF THE LOT OWNERS. ANY AMENDMENT MUST BE RECORDED.
。 Jazzmany.b.com - continued .
☐ TRACT NO. 8126 IN BOOK 10603, PACE 943, 0. R.
RECHIO 4. THA/VA APPROVAL. AS LONG AS THERE IS A CLASS 8 MIMBERSHIP, THE FOLLOWING ACTIONS WILL REQUIRE THE PRIOR APPROVAL OF THE FEDERAL HOUSING ADMINISTRATION OR THE VETERANS ADMINISTRATION: ANNEXATION OF ADDITIONAL PROPERTIES, DEDICATION OF COMMON AEZA, AND AMENDMENT OF TRIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS.
SECTION 5. MORTGAGEE'S PROTECTION. NO BREACH OF ANY PROVISION HERE IN CONTAXIRED SHALL DEFEAT OR RENDER INVALID THE LIEN
A, AND AMENDMENT OF TRIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS.
SECTION 5. MORTGAGEE'S PROTECTION. NO BREACH OF ANY PROVISION HERE IN CONTAXIRED SHALL DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT ALL OF THE PROVISIONS SHALL ER BINDING UPON AND SHALL BE EFFECTIVE AGAINST ANY OMNER WHOSE TITLE IS DERIVED THROUGH FORECLOSURE OR TRUSTEE'S SALE, OR OTHERWISE.
SECTION 6. ANNEXATION. ADDITIONAL PROPERTY MAY BE ANNEXED TO THE REAL PROPERTY UPON THE WRITTEN ASSENT OF TWO-THIRDS (2/3) OF EACH CLASS OF VOTERS OF THIS CORPORATION.
(A) ADDITIONAL RESIDENTIAL PROPERTY AND COMMON AREA MAY BE ANNEXED TO THE PROPERTIES WITH THE CONSENT OF TWO-THIRDS (2/3) OF EACH CLASS OF MEMBERS, EXCLUDING DECLARANT.
(B) ADDITIONAL LAND WITHIN THE AREA DESCRIBED ON EXHIBIT "A" MAY BE ANNEXED BY THE DECLARANT WITHOUT THE CONSENT OF MEMBERS WITHIN FIVE (5) YEARS OF THE DATE OF THIS INSTRUMENT PROVIDED THAT THE FEDERAL HOUSING ADMINISTRATION AND THE VETERANS ADMINISTRATION DETERMINE THAT ANNEXATION IS IN ACCORD WITH THE GENERAL PLAN HERETOFORE APPROVED BY THEM.
SECTION 1.
ARTICLE VII USE RESTRICTIONS UNLESS AND EXCEPT AS SPECIFICALLY PERMITTED BY RULES ADOPTED BY THE BOARD OF DIRECTORS NO EXTERNAL ANTENNA FOR THE RECEPTION OR TRANSMISSION E RADIO OR TELEVISION SIGNALS SHALL BE ERECTED OR MAINTAINED UPON ANY LOT OR THE COMMON AREA, NOR SHALL ANY LOT OR COMMON AREA BE UTILIZED FOR THE TRANSMISSION OF SHORTWAVE OR OTHER RADIO OR TELEVISION COMMUNICATION. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANTENNA INSTALLED BY DECLARANT DURING THE COURSE OF CONSTRUCTION. THE MAXIMUM NUMBER OF TELEVISION ANTENNA OUTLETS ALLOWED FER DWELLING UNIT SHALL BE THREE (3).
(A) ARTICLE VIII USE OF LIVING UNITS AND COMMON AREA.
LED BY DECLARANT DURING THE COURSE OF CONSTRUCTION. THE MAXIMUM NUMBER OF TELEVISION ANTENNA OUTLETS ALLOWED FER DWELLING UNIT SHALL BE THREE (3).
(A) ARTICLE VIII USE OF LIVING UNITS AND COMMON AREA.
EACH LIVING UNIT SHALL BE IMPROVED, USED AND OCCUPIED FOR PRIVATE SINGLE-FAMILY DWELLING PURPOSES ONLY.
(B) EACH GARAGE SHALL BE USED FOR THE STORAGE OF AUTOMOBILE PASSENGER VEHICLES ONLY AND NO TRUCK, CAMPER, TRAILER, BOAT OF ANY KIND, OR OTHER SINGLE OR MULTI-PURPOSE ENGINE-POWERED VEHICLE OTHER THAN A STANDARD AUTOMOBILE SHALL BE FARKED IN ANY GARAGE, EXCEPT TEMPORARILY AND SOLELY FOR THE PURPOSE OF LOADING AND UNLOADING, WITHOUT THE PRIOR APPROVAL OF THE ARCHITECTURAL COMMITTEE.
(C) NO LIVING UNIT SHALL BE USED IN SUCH MANNER AS TO OBSTRUCT OR INTERFERE WITH THE ENJOYMENT OF OCCUPANTS OF OTHER LIVING UNITS OR ANNOY THEM BY UNREASONABLE NOISES OR OTHERWISE, NOR SHALL ANY NUISANCE, OR IMMORAL OR ILLEGAL ACTIVITY RE COMMITTED OR PERMITTED TO OCCUR ON OR IN ANY LIVING UNIT.
(D) NO NOXIOUS OR OFFENSIVE ACTIVITY SHALL BE CARRIED ON IN ANY LIVING UNIT OR IN THE COMMON AREA, NOR SHALL ANYTHING BE DONE THERE IN WHICH MAY BE OR BECOME AN ANNOYANCE OR NUISANCE TO THE OTHER OWNERS.
ARTICLE IX PARTY WALLS SECTION 1. GENERAL RULES OF LAN TO APPLY. EACH WALL WHICH (3 BUILT AS A PART OF THE ORIGINAL CONSTRUCTION OF THE HOMES UPON THE PROPERTIES AND PLACED ON THE DIVIDING LINE REESEEN THE LCTS SHALL CONSTITUTE A PARTY WALL, AND, TO THE EXTENT NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, THE GENERAL RULES OF LAW REGARDING PARTY WALLS AND LIABILITY FOR PROPERTY DAMAGE DUE TO NEGLIGENCE OR WILLFUL ACTS OR CMISSIONS SHALL APPLY THERETO. BACH OHNER OF A LOT UPON WHICH THERE EXISTS A PARTY WALL SHALL OWN TO THE CENTER OF SUCH WALL.
LLS AND LIABILITY FOR PROPERTY DAMAGE DUE TO NEGLIGENCE OR WILLFUL ACTS OR CMISSIONS SHALL APPLY THERETO. BACH OHNER OF A LOT UPON WHICH THERE EXISTS A PARTY WALL SHALL OWN TO THE CENTER OF SUCH WALL.
SECTION 2. SHARING OF REPAIR AND MAINTENANCE. THE COST OF REASONABLE REPAIR AND MAINTENANCE OF A PARTY WALL SHALL BE SHARED BY THE OWNERS WHO MAKE USE OF THE WALL IN PROPORTION TO SUCH USE. THE OWNER OF EACH LOT UPON WHICH THERE IS LOCATED A PARTY WALL SHALL HAVE A RECIPROCAL NON-EXCLUSIVE BASEMENT TO EACH CONTIGUOUS LOT FOR THE PURPOSE OF MAINTAINING SAID PARTY WALL.
SECTION 3. DESTRUCTION BY FIRE OR OTHER CASUALTY. IF A PARTY WALL IS DESTROYED OR DAMAGED BY FIRE OR OTHER CASUALTY ANY OWNER WHO HAS USED THIS WALL MAY RESTORE IT, AND IP THE OTHER OWNERS THEREAFTER MAKE USE OF THE WALL, THEY SHALL CONTRIBUTE TO THE COST OF RESTORATION THEREOF IN PROPORTION TO SUCH USE WITHOUT PREJUDICE, HOWEVER, TO THE RIGHT OF ANY SUCH OWNERS TO CALL FOR A LARGER CONTRIBUTION FROM THE OTHERS UNDER ANY HULE OF LAW REGARDING LIABILITY POR NEGLIGENT OR WILLFUL ACTS OR OMISSIONS.
continued .
T TRACT NO. 8126 IN BOOK 10603, PAGE 943, 0. R.
- 5 SECTION 4.
WEATHERPROOFING. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE, AN OWNER WHO BY HIS NEGLIGENT OR WILLFUL ACT CAUSES THE PARTY WALL TO EXPOSED TO THE ELEMENTS SHALL BEAR THE WHOLE COST OF FURNISHING THE NECESSARY PROTECTION AGAINST SUCH ELEMENTS.
RIGHT TO CONTRIBUTION EUNS WITH LAND.
THE RIGHT OF ANY OWNER TO CONTRIBUTION FROM ANY OTHER CHNER UNDER SECTION 5.
THIS ARTICLE SHALL BE APPORTENANT TO THE LAND AND SHALL PASS TO SUCH OWNER'S SUCCESSORS IN TITLE.
SECTION 6. ARBITRATION. IN THE EVENT OF ANY DISPUTE ARISING CONCERNING A PARTY WALL, OR UNDER THE PROVISIONS OF THIS ARTICLE, EACH PARTY SHALL CHOOSE ONE ARBITRATOR, AND SUCH
ER'S SUCCESSORS IN TITLE.
SECTION 6. ARBITRATION. IN THE EVENT OF ANY DISPUTE ARISING CONCERNING A PARTY WALL, OR UNDER THE PROVISIONS OF THIS ARTICLE, EACH PARTY SHALL CHOOSE ONE ARBITRATOR, AND SUCH ARBITRATORS SHALL CHOOSE ONE ADDITIONAL ARBITRATOR, AND THE DECISION SHALL BE BY A MAJORITY OF ALL THE ARBITRATORS.
IN WITNESS WHEREOF, THE UNDERSIGNED, BEING THE DECLARANT HEREIN, HAS HEREUNTO SET ITS HAND AND SEAL THIS 11TH DAY OF JANUARY 1973.
ADDITIONAL PROPERTY TO BE ANNEXED AS DEFINED IN ARTICLE VI, SECTION 5; 8125 TRACT NO.
TRACT NO.
8177 TERACT NO.
8124 TRACT NO.
7793 EXHIBIT "35 WOODBINE CORPORATION NATHAN SHAPELL NATHAN SHAPELL, PRESIDENT IRVIN STERMAN IRVIN STERMAN, SECRETARY