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Greystone-On-The-Cheat - Public Offering Statement (1996)
RESTRICTIVE COVENANTS AND RESERVATIONS
(PDF File)
Table of Contents
Introduction
Article I: Definitions
Article II: Membership
Article III: Voting Rights
Article IV: Rights of
Property Owners
Article V: Covenants for
Assessments
Article VI: Covenants
and Restrictions
Article VII: Easements
Article VIII:
Covenants for Maintenance
Article IX: Insurance and Liability
Article X: Miscellaneous
Provisions
Fine Structure for Violations of Covenants and Restrictions
SECOND CONSOLIDATED AND AMENDED DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS AND RESERVATIONS REGARDING LOTS LOCATED IN GREYSTONE-ON-THE-CHEAT IN
UNION DISTRICT, MONONGALIA COUNTY, WEST VIRGINIA
THIS SECOND CONSOLIDATED AND AMENDED DECLARATION, is made this ____ day of February, 2009, by the Greystone-On-The-Cheat Property Owners Association, Inc.
WHEREAS, Declarant was the owner of certain real property located in Union District, Monongalia County, West Virginia, which property has been named "Greystone-On-The-Cheat" and is shown in detail on that certain plat or map of said planned community which is of record in the office of the Clerk of the County Commission of Monongalia County, West Virginia, in Map Cabinet No. 2, in Envelope Nos. 336-A, 336-B, 367-A, 367-B, 368-A, 370-A, 370-B, 378-A, 378-B, 381-B, 397-A, 399-A and 429-A, and which said property is a part of that certain real estate conveyed to the Declarant by deed from John Gilbert Hall and Roberta Hall, husband and wife, which deed was dated the 5th day of June, 1981, and is of record in the aforesaid Clerk's office in Deed Book No. 853 at Page 555, to which said plat and deed reference is here made for all purposes; and
WHEREAS, the Declarant established a general plan for the improvement and Development of the premises described and shown in the aforesaid plat and has established certain covenants, conditions, reservations, restrictions, easements, liens and charges (hereinafter, "Covenants") on the use of the aforesaid property by the Declarant and its successors in title which Declaration of Protective and Restrictive Covenants and Reservations Regarding Lots Located in Greystone-On-The-Cheat in Union District, Monongalia County, West Virginia, and amendments thereto are recorded in the office of the aforesaid Clerk in the following Deed Books: Deed Book 948 at Page No. 95, Deed Book 954 at Page No. 213, Deed Book, 1010 at Page No. 22, and Deed Book 1081 at Page No. 577; and
WHEREAS, the Declarant also established certain covenants, conditions, reservations, restrictions, easements, liens and charges on the use of lots located in that portion of the aforesaid property designated and known as "The Oaks", by the Declarant and its successors in title which Declaration of Protective and Restrictive Covenants and Reservations Regarding Lots Located in the Oaks in Union District, Monongalia County, West Virginia, and amendments thereto are recorded in the office of the aforesaid Clerk in the following Deed Books: Deed Book 969 at Page No. 595, Deed Book 982 at Page No. 123, Deed Book 986 at Page No. 211, Deed Book 993 at Page No. 53; and
WHEREAS, Declarant deemed it desirable and necessary to impose such covenants, supplementary conditions, reservations, restrictions, easements, liens and charges upon the said property in order to protect and insure the preservation of the values and amenities of the said planned community for the benefit and complement of all the lots contained therein and all owners thereof, now and in the future (hereinafter "Owners"); and
WHEREAS, Declarant determined it advisable and necessary to establish an entity to which shall be delegated the power and duty to maintain and administer community properties and facilities located within said planned community, and to administer and enforce the Covenants, and to collect, hold, manage and expend all assessments and charges collected as hereinafter provided, and to otherwise do all things proper and necessary to ensure compliance with the Covenants for the mutual benefit of all Owners; and
WHEREAS, Declarant organized under and pursuant to the laws of the State of West Virginia a non-profit corporation known as the "Greystone-On-The-Cheat-Property Owners Association, Inc.", (hereinafter the "Association"), which such corporation is charged with the duty of administering and enforcing the provisions of this Declaration as aforesaid and as set forth herein;
WHEREAS, Declarant and the Association have previously determined it advisable and necessary to modify, consolidate and amend the above described Declaration of Protective and Restrictive Covenants and Reservations Regarding Lots Located in Greystone-On-The-Cheat in Union District, Monongalia County, West Virginia, and Declaration of Protective and Restrictive Covenants and Reservations Regarding Lots Located in the Oaks in Union District, Monongalia County, West Virginia, and all referenced amendments thereto in one document, said document having previously been properly filed and recorded on or about March 15, 1996, and titled as the “Consolidated and Amended Declaration of Protective and Restrictive Covenants and Reservations Regarding Lots Located in Greystone-On-The-Cheat in Union District, Monongalia County, West Virginia” (hereafter “Amended Declaration”), which is of record in the aforesaid Clerk's office in Deed Book No. 1123, page 133, et seq.; and
WHEREAS, The Association has determined it advisable and necessary to further modify said Amended Declaration to clarify certain ambiguities therein, and provisions thereof, and said modifications were submitted to and approved by over 67% of the votes of the Association.
The provisions added to this Declaration for the purpose of clarification and compliance with West Virginia law do not create or increase special Declarant's rights, increase the number of Units in the Subdivision, change the boundaries or the allocated interest of any unit, and do not change or restrict any substantive vested right to the use of any unit by its owner;
NOW, THEREFORE, WITNESSETH: the Association hereby declares that the property known and designated as Greystone-On-The-Cheat, as shown more fully on the plats of the planned community of record as aforesaid, shall be held, sold, and conveyed subject to the following covenants, conditions, reservations, restrictions, easements, liens and charges, all of which are intended and designed for the purpose of enhancing and protecting the value, desirability, and attractiveness of the real property subject thereto. Said covenants, conditions, reservations, restrictions, easements, liens and charges, and the right to enforce the same, shall be deemed to run with the land thereby affected, and the same shall be binding upon all persons having or acquiring any right, title or interest in and to the subject property or any part thereof, and their heirs, administrators, executors, successors and assigns, and shall inure to the benefit of each owner thereof, and their heirs, administrators, executors, successors and assigns. PROVIDED, HOWEVER, that the real property subject hereof shall be deemed to include all of the property of Declarant as shown on the aforesaid plats WITH THE EXCEPTION of property shown thereon which has been previously conveyed by the Declarant to Lakeview of Rochester, Inc., a Minnesota corporation, by deed dated March 15, 1984, and of record in the office of the aforesaid Clerk in Deed Book No. 911 at Page 225, to which said deed reference is here made for all purposes, and which said property so conveyed is hereby EXCEPTED and EXEMPTED from the operation of this declaration. Nothing contained in this declaration, however, shall be in any way deemed to waive, amend, abridge, alter or remove the various restrictive covenants contained in said deed from the Declarant to the said Lakeview of Rochester, Inc.
Declarant and the Association further declare that all of the properties known as Greystone-On-The-Cheat as shown more fully on the aforesaid plats, shall be held, sold and conveyed subject to the following easements, conditions, covenants, reservations and restrictions, all of which are intended and designed for the purpose of enhancing and protecting the value, desirability and attractiveness of the real property subject thereto. Such easements, covenants, conditions, reservations, and restrictions and the right to enforce the same shall be deemed to run with the land thereby affected, and the same shall be binding upon all persons having or acquiring any right, title or interest in and to the described property or any part thereof, and their heirs, administrators, executors, successors and assigns, and shall inure to the benefit of each owner thereof, and their heirs, administrators, executors, successors and assigns.
ARTICLE I -- DEFINITIONS
1.01 "Association" shall mean and refer to the "Greystone-On-The-Cheat Property Owners Association, Inc.", also known as the "Greystone-On-The-Cheat Homeowners Association", and any wholly owned subsidiary thereof, their successors and assigns.
1.02 "Association Board" shall refer to the Board of Directors of the Association, elected or appointed in accordance with the Articles of Incorporation and the By-Laws of the Association, none of which Articles or By-Laws may be inconsistent with this Declaration.
1.03 "Declarant" shall mean and refer to NMP Partnership, Inc., a West Virginia Limited Partnership, its divisions, subsidiaries, successors and assigns. It is not the intent of this Section 1.03 that any owner or creditor of any owner be at any time deemed to be "Declarant".
1.04 "Lot" shall mean and refer to any parcel of land shown upon the recorded planned community plat of the property and all recorded revisions thereof, and duly numbered therein, including, without limitation, so-called townhouse or condominium units located therein and so designated.
1.05 "Multi-Family Area" shall mean and refer to any portion of Greystone-On-The-Cheat in which common elements are owned by such Multi-Family Area as tenants-in-common, and within which it is intended that there will be constructed either attached or detached townhomes, condominium units, cluster homes or patio homes.
1.06 "Neighborhood" shall mean and refer to any community or an Area within the Subdivision where lot owners share special maintenance needs or share limited common areas or facilities not available to the entire Association. There are currently three such Neighborhoods in Greystone-On-The-Cheat: The Oaks; Georgian Manor; and Greystone Estates.
1.07 "Assessment" shall mean Assessments for Association expenses as may, from time to time, be authorized by the Association Board. There shall be three (3) types of Assessments: (a) Annual or Common Assessments; (b) Neighborhood Assessments; and (c) Special Assessments.
1.08 "Member" shall mean and refer to any and every person or entity holding membership in the Association in accordance with Article II hereof.
1.09 "Owner" and "owner", whether single or plural, shall mean and refer to the record owner whether one or more persons or entities, but not to exceed three (3) in number, of a fee interest in any lot excluding those having such interest merely as security for the performance of an obligation. The purpose of this subparagraph is to expressly prohibit any residential lots within said Development from being sold pursuant to any vacation time sharing, interval ownership, or right to use program.
1.10 "Property", "Planned Community", "Development" and "Subdivision" shall mean and refer to that certain real property more particularly described as Greystone-On-The-Cheat as the same are shown upon those certain maps or plats entitled "Greystone-On-The-Cheat Property Owners Association", recorded as aforesaid.
1.11 "Restrictions" shall refer to the covenants, agreements, easements, restrictions, charges and liens set forth in this Declaration.
1.12 "Written Notice" shall mean written notice via U.S. Postal Service, certified mail, return receipt requested.
1.13 "Parcel" shall mean any of the fifty-one (51) parcels of real estate shown, described and designated on those maps or plats which are recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Map Cabinet No. 2, in Envelope Nos. 336-A, 336-B, 367-A, 367-B, 368-A, 370-A, 370-B, 378-A, 378-B, 381-B, 397-A, 399-A and 429-A, or additional or annexed parcels of real estate which may be shown, described, and designated on subsequently recorded maps or plats of Greystone-On-The-Cheat.
1.14 “Community Development Standards and Guidelines" and "Community Wide Standards" shall mean those Community Development Standards for Greystone-on-the-Cheat: A Planned Community, and amendments thereto, as set forth by the Developer, the Association Board and its Site and Architectural Review Board. Said Standards and Guidelines are set forth in the Public Offering Statement and elsewhere herein and may be obtained from the Developer, the Association and/or their agents and assigns.
ARTICLE II -- MEMBERSHIP
2.01 Every person or entity who is an owner shall, by reason of such ownership, automatically be a member of the Association and be subject to the rules, regulations, covenants and restrictions of this Declaration, including any Amendment hereto, and the By-Laws of the Association and further subject to Assessment by the Association. Ownership of a lot shall be the sole qualification for membership in the Association.
ARTICLE III -- VOTING RIGHTS
3.01 Association Voting Rights. Ownership of a lot or parcel which is shown and described on the aforesaid recorded maps or plats shall entitle the owners(s) of that lot or parcel to one vote, in the aggregate, for that lot or parcel. Each parcel's fraction or percentage of the ownership of any common elements shall be the same fraction or percentage as that lot or parcel's voting right bears to the total votes of the association. Declarant shall be entitled to one vote for each platted and unsold lot or parcel for which Developer pays dues to the Association.
Any owner of contiguous lots shall have one vote for each lot which is not exempt from Annual or Common Assessments. The Developer has granted Annual or Common Assessment exceptions to certain individuals who own contiguous lots as set forth in Section 5.01 hereinbelow.
The Association Board shall suspend voting privileges of any lot owner during all times which: (a) any Assessments for said lot are delinquent; or (b) said lot owner is held to be in violation of any of these Covenants as determined by the Association Board, or its SARB. Such suspension shall be effective at the expiration of the time period to correct as stated in the violation notice from SARB or the Association Board.
3.02 Neighborhood Voting Rights
(a)(1) The Oaks Neighborhood. There are certain limited common elements or facilities located in the Oaks which are for the exclusive use and benefit of the Oaks lot owners (e.g. mailboxes and right-of-way to dock areas). Said common elements are hereby allocated to Oaks lot owners on a pro rata basis. The Oaks lot owners are entitled, subject to Section 3.01 and 5.01, to the exclusive right to vote, on the basis of one vote per lot on the use, operation, maintenance, and reconstruction of and insurance for, said common elements and facilities and are subject to Neighborhood Assessment by the Association for any costs connected therewith.
(a)(2) The Association shall be responsible for all maintenance of shrubbery, grass and other flora located on lots in the Oaks and shall have the right to assess by Neighborhood Assessment lot owners therein the total cost of same on a pro rata basis. The lot owners of The Oaks shall have the right to determine the quality and condition of such maintenance on said lots, provided that the same conforms with the Community Development Standards of, and Guidelines for, Greystone-On-The-Cheat and are approved in writing by the Association and its Site/Architectural Review Board (hereinafter "SARB"). The Oaks lot owners are entitled, subject to Section 3.01, to the exclusive right to vote, on the basis of one vote per lot, subject to Section 5.01, on all matters connected with said care and maintenance and are subject to Neighborhood Assessment by the Association for any costs connected therewith.
(a)(3) Any voting resulting from the rights granted pursuant to this section may be done at Association meetings or may be done at a special meeting of the Oaks lot owners, called by twenty percent (20%) of the Oaks lot owners upon ten (10) days written notice to all the Oaks lot owners of the time, place and agenda of said special meeting. The presence at the meeting of Oaks lot owners, or proxies, entitled, subject to Section 3.01, to cast sixty-percent (60%) of all votes, as then constituted, shall constitute a quorum. A fifty-one (51%) percent majority of voters participating in said meeting shall be required to pass any motion.
Provided, however, that one hundred percent (100%) of all Oaks lot owners must participate in, and vote in favor of, any resolution that one or more individual lot owners be allowed to assume responsibility from the Association for exterior lawn maintenance of individual lots in the Oaks.
(a)(4) All conduct of the lot owners of The Oaks regarding limited common elements and facilities, and the design and condition thereof, must at all times conform to the Community Development Standards and Guidelines of Greystone-On-The-Cheat, and all affirmative action of said lot owners with regard to the limited common elements and facilities shall require the written approval of the Association Board and its SARB.
(b)(1) Greystone Estates Neighborhood. There are certain limited common elements located in the Greystone Estates which are for the exclusive use and benefit of Greystone Estates lot owners (e.g. dock areas) and said common elements are hereby allocated to Greystone Estates lot owners on a pro rata basis. Greystone Estates lot owners are entitled, subject to Sections 3.01 and 5.01, to the exclusive right to vote on the basis of one vote per lot, on the use, operation, maintenance, and reconstruction of, and insurance, said common elements and facilities and are subject to Neighborhood Assessment by the Association for any costs connected therewith.
(b)(2) Any voting resulting from the rights granted pursuant to this section may be done at Association meetings or may be done at a special meeting of Greystone Estates lot owners, called by twenty percent (20%) of Greystone Estates lot owners upon ten (10) days written notice to all Greystone Estates lot owners of the time, place and agenda of said special meeting. The presence at the meeting of Greystone Estates lot owners, or proxies, entitled, subject to Sections 3.01 and 5.01, to cast sixty-percent (60%) of all votes, as then constituted, shall constitute a quorum. A fifty-one (51%) percent majority of voters participating in said meeting shall be required to pass any motion.
(b)(3) All conduct of the lot owners of Greystone Estates regarding limited common elements and facilities, and the design and condition thereof, must at all times conform to the Community Development Standards and Guidelines of Greystone-On-The-Cheat, and all affirmative action of said lot owners with regard to the limited common elements and facilities shall require the written approval of the Association Board and its SARB.
(c)(1) Georgian Manor Neighborhood. There are certain limited common elements located in Georgian Manor which are for the exclusive use and benefit of Georgian Manor lot owners (e.g. "the Park Areas") and said common elements are hereby allocated to Georgian Manor lot owners on a pro rata basis. Georgian Manor lot owners are entitled, subject to Sections 3.01 and 5.01, to the exclusive right to vote on the basis of one vote per lot, on the use, operation, maintenance, and reconstruction of, and insurance for, said facilities and are subject to Neighborhood Assessment by the Association for any costs connected therewith.
(c)(2) The Association shall be responsible for all maintenance of shrubbery, grass and other flora located on lots in Georgian Manor and shall have the right to specially assess lot owners therein the total cost of same on a pro rata basis. The owners of lots in Georgian Manor shall have the right to determine the quality and condition of such maintenance on said lots, provided that the same conforms with the Community Development Standards and Guidelines of Greystone-On-The-Cheat and are approved in writing by the Association and its Site/Architectural Review Board (hereinafter "SARB"). Georgian Manor lot owners are entitled, subject to Section 3.01, to the exclusive right to vote, subject to Section 5.01, on the basis of one vote per lot, on all matters connected with said care and maintenance and are subject to Neighborhood Assessment by the Association for any costs connected therewith.
(c)(3) Any voting resulting from the rights granted pursuant to this section may be done at Association meetings or may be done at a special meeting of Georgian Manor lot owners, called by twenty percent (20%) of Georgian Manor lot owners upon ten (10) days written notice to all Georgian Manor lot owners of the time, place and agenda of said special meeting. The presence at the meeting of Georgian Manor lot owners, or proxies, entitled, subject to Section 3.01, to cast sixty-percent (60%) of all votes, as then constituted, shall constitute a quorum. A fifty-one (51%) percent majority of voters participating in said meeting shall be required to pass any motion.
Provided, however, that one hundred percent (100%) of all Georgian Manor lot owners must participate in, and vote in favor of, any resolution that one or more individual lot owners be allowed to assume responsibility from the Association for exterior lawn maintenance of individual lots in Georgian Manor.
(c)(4) All conduct of the lot owners of Georgian Manor regarding limited common elements, and the design and condition thereof, must at all times conform to the Community Development Standards and Guidelines of Greystone-On-The-Cheat, and all affirmative action of said lot owners with regard to the limited common elements shall require the written approval of the Association Board and its SARB.
ARTICLE IV -- RIGHTS OF PROPERTY OWNERS
4.01 Member's Easements of Enjoyment. Every member shall have a right and easement of enjoyment in and to the streets, parking areas and rights-of-way and such easements shall be appurtenant to and shall pass with the title to every lot, subject to the right of the Association:
(a) In accordance with its Articles and By-Laws, and this Declaration to borrow money for the purpose of improving any new or existing easements, streets, rights-of-way, and/or recreational facilities and other appropriate purposes.
(b) To suspend the right to use any of the easements, streets, rights-of-way, recreational facilities and the voting rights of a member for any period during which any fees, fines, liens or Assessment against his lot remains unpaid; or any lot or lot owner is held to be in violation of these Covenants as determined by the Association Board, or its SARB.
(c) To dedicate or transfer all or any part of the easements to any public agency, authority or utility for such purposes, and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast three-fourths (3/4) of the votes of the membership have been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every eligible voting member not less than thirty (30) days nor more than sixty (60) days in advance of the meeting at which such action will be considered.
4.02 Reservations by Declarant. Declarant hereby reserves unto itself, its successors and assigns, general easements for the purpose of installing, maintaining, repairing, replacing, altering and removing utilities of all sorts for providing service to the Development and other properties contiguous thereto. Declarant further reserves unto itself, its successors and assigns the right to extend those utility easements. Provided, however, any exercise by the Declarant, or its successors and assigns, of the rights granted in this paragraph shall be contingent on the restoration of the premises to their condition prior to the exercise thereof, at the expense of the Declarant, its successors or assigns.
4.03 Expansion of Development. The Declarant is the owner of certain real estate contiguous to this Property. In addition, the Declarant may, in the future, purchase additional real estate contiguous to this Property. The Declarant reserves the right to enlarge, by the addition or annexation of contiguous real estate, the common interest community known as Greystone-On-The-Cheat. The Declarant further covenants and agrees that, if the Development is ever enlarged by the addition or annexation of other properties, it shall be a precondition of such expansion that annexed or added properties be made expressly subject to these Covenants. The Declarant reserves the right to (a) add real estate to Greystone-On-The-Cheat; (b) create units, common elements, or limited common elements with Greystone-On-The-Cheat; (c) subdivide units or convert units into common elements of Greystone-On-The-Cheat; and (d) withdraw real estate from Greystone-On-The-Cheat. Provided, however, that the Declarant may not take any action which may materially alter the aesthetic, value or residential nature of Greystone-On-The-Cheat.
4.04 Development Progress. As the Planned Community has become more than sixty-six and two-thirds (66 2/3%) percent developed the Declarant has begun to withdraw from its managerial role in the Property Owners Association and the Owners have assumed the responsibilities thereof. The Declarant shall continue to participate in the Property Owners Association as an owner of individual lots, parcels and common areas located within the Planned Community. Declarant shall convey all common areas within Greystone-On-The-Cheat to the Association when Declarant no longer owns any developable lots within the Subdivision. The Declarant has also retained its special Declarant's rights as set forth elsewhere herein.
4.05 Rights of Appointment and Removal. Declarant shall have the right to appoint and remove one Director of the Association Board, however, this right shall terminate when the Developer conveys the common areas within Greystone-On-The-Cheat to the Association. The Developer may voluntarily relinquish said right of appointment at any time. The Association Board must at all times be comprised of at least four members which are not appointed by the Declarant.
4.06 Declarant's Sales Rights. Declarant or Declarant's agents shall have the right to transact, on property owned by the Greystone-On-The-Cheat Property Owners Association, Inc. and on property owned by the Developer, any business necessary to consummate the sale of lots, including, but not limited to, maintaining a sales office, maintaining up to ten (10) sales models, and maintaining signs (in compliance with Section 6.01 (f) et seq.
ARTICLE V -- COVENANT FOR ASSESSMENTS
5.01 Creation of the Lien and Personal Obligation of Assessments. Each owner by hereafter accepting a deed or other conveyance of any lot, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay Assessments to the Association. Each such Assessment, together with such interest, costs and reasonable attorney's fees, shall be the personal obligation of the person who was the owner of such property at the time when the Assessment fell due. The personal obligation of such person shall not pass to his successors in title except as provided herein.
Each individual lot may be subject to separate Annual, Neighborhood and Special Assessments. Provided, however, that the following individuals were granted special exception by the Developer and shall be required to pay only one Annual or Common Assessment despite owning the following contiguous lots:
Arthur and Shirley Tribee 74 Greystone Circle
74 Greystone Circle 76 Greystone Circle
Morgantown, WV 26505
Thomas and Patricia Harman 3011A Greystone Drive
3011A Greystone Drive 3011B Greystone Drive
Morgantown, WV 26505
David and Susan Maynard 3023 Greystone Drive
3025 Greystone Drive 3025 Greystone Drive
Morgantown, WV 26505 3027 Greystone Drive
Marshall and Karen Bishop 3116 N. Greystone Drive
3116 N. Greystone Drive 3118 N. Greystone Drive
Morgantown, WV 26505
Frank Findo (Estate) 3130 N. Greystone Drive
3132 N. Greystone Drive 3132 N. Greystone Drive
Morgantown, WV 26505
John and Courtney Rogers 3703 Swallowtail Drive
3703 Swallowtail Drive 3705 Swallowtail Drive
Morgantown, WV 26505
Douglas and Cynthia King 3138 N. Greystone Drive
3138 N. Greystone Drive 3140 N. Greystone Drive
Morgantown, WV 26505
William and Maryann Post 3912 Westlake Drive
1337 Cain Street 3914 Westlake Drive
Morgantown, WV 26505
David and Kathleen Rosen 3962 Eastlake Drive
3089 Shadyside Lane 3964 Eastlake Drive
Morgantown, WV 26505
Scott Ashcraft 2048 Georgian Lane
613 Mariner Village 2050 Georgian Lane
Morgantown, WV 26505
Johanna Pratt 3081 Woods Edge Lane
3082 Woods Edge Lane 3082 Woods Edge Lane
Morgantown, WV 26505
This special exception was granted so that the above lots may be used collectively for one residence rather than for investment or development purposes. Hence, this special exception is personal and non-assignable, does not run with the land, and shall continue only so long as the above lots continue to be owned and used for a single residence by the above individuals. If any one or more of the above contiguous lots should be conveyed or sold apart from the remaining contiguous lot(s) the Association Board shall assess a penalty and may recapture an amount not to exceed the Annual or Common Assessments which, but for said special exception, would have been due and payable on said lot during the preceding ten (10) years. The above lots may not be re-platted as one lot without the prior written approval of the Association Board.
5.01(a) Deleted.
5.02 Deleted.
5.03 Annual and Special Assessments. The Association Board is empowered to create and levy Assessments for Association expenses. There shall be three (3) types of Assessments: (a) Annual or Common Assessments for the common benefit of all members of the Association; (b) Neighborhood Assessments for neighborhood expenses benefiting only lots within a particular neighborhood or neighborhoods (e.g. Georgian Manor, Greystone Estates and the Oaks); and (c) Special Assessments. Except as set forth in Section 5.01 hereinabove, Annual or Common Assessments shall be allocated equally to all owners of all lots regardless of location, use or size. The Annual or Common Assessment for each lot shall be set by the Association Board no later then November 30th of the year before the Assessment is due. The Annual or Common Assessment shall be payable on or before the l5th day of January of each year, and the rate of said Annual or Common Assessment shall be established, and may be modified, each year by a majority vote of the Association Board. Provided, however, that owners may participate in any special payment plan, including prompt payment discounts, which may be established by a majority vote of the Association Board. All Assessments shall be due and payable to, and collectible by, the Association. Neighborhood Assessments shall be levied equally on all lots within the neighborhood for whose benefit the neighborhood expenses are incurred.
In addition to Annual or Common Assessments and Neighborhood Assessments, the Association Board may levy Special Assessments applicable to that year only. Special Assessments may not exceed that year's annual or common expenses unless approved by a majority vote of the Association membership at a special meeting called for that purpose. Such Special Assessments shall be for the purpose of defraying, in whole or in part the costs of any acquisition, construction, maintenance, cost or reconstruction, or any unexpected expense or repair.
A Special Assessment or fine may be levied as a fine against any member individually or against that member's lot to reimburse the Association for costs associated with bringing that member's lot into compliance with the provisions of this Declaration and any amendments thereto, Special Assessments may only be levied after a majority vote of the Association Board with written notice to the affected lot owner an opportunity for hearing.
Special Assessments shall also include "Reserve Fund" Assessments for the purpose of paying Association expenses for periodic maintenance and eventual reconstruction of replaceable assets which would be substantial if assessed during any given year.
Common or Annual Assessments must be set by the Association Board no later than November 30th of year immediately preceding the year for which the Assessment is due. Otherwise the then current assessment amounts will continue into the next subsequent fiscal year.
At the time of purchase of a lot or townhouse within the Development, the purchaser thereof shall immediately become obligated to pay all Assessments, and shall pay the prorated balance thereof for the year of closing at the time of closing. Written notice of any Assessment or any increase in any Annual, Common, Neighborhood or Special Assessment shall be sent to every owner subject thereto at least thirty (30) days prior to the date that the first payment or any such increase is due.
The Association Board or its duly authorized agent shall, upon demand, furnish a certificate in writing, signed by an officer of the Association, setting forth whether the Assessments on a specified lot have been paid. Such certificates shall be conclusive evidence of payment of any Assessments therein stated to have been paid. The Association Board or its duly authorized agent may charge a processing fee for said certificate not to exceed 1/4 of the Assessments for the lot to be certified.
5.04 Effect of Nonpayment of Assessments; Remedies of the Association. Any Assessment which is not paid when due shall be delinquent. Any assessment de
linquent shall bear interest from the date of delinquency at the Prime Rate plus two per cent (2%) per annum. The Prime Rate for each Assessment year shall be the Prime Rate published in the Wall Street Journal on November 15th of the preceding year. In the event that November 15th of the preceding year should fall on a weekend, the Prime Rate shall be the Prime Rate published in the Wall Street Journal on the Friday immediately preceding November 15. Interest shall begin to accrue on the date that each delinquent payment was due and shall continue to be compounded until paid. If an Assessment is not paid in full within six months after the time that the same becomes due and payable, the Association may, after giving the delinquent owner twenty-five (25) days written notice, bring an action at law against the owner personally obligated to pay the same, and/or foreclose the lien against the property as provided in West Virginia Code §36B-3-116, and fees, interest, costs and reasonable attorney's fees of any such action shall be added to the amount of such fine.
No owner may waive or otherwise avoid liability for the Assessments provided herein by non-use of the rights-of-way, services, common areas or facilities, or by abandonment of his lot. There shall be a reasonable charge for any late payment and for any returned check.
The Association Board shall suspend voting rights and common area use privileges for the owner of any lot on which Assessments are delinquent.
5.05 Subordination of Lien to Mortgages. The lien of the Assessments provided for herein shall be subordinated to the lien of any first mortgage or deeds of trust. Sale or transfer of any lot which is subject to any first mortgage or deed of trust, pursuant to foreclosure thereof, shall extinguish the lien of such Assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any Assessments thereafter becoming due or from the lien thereof.
5.06 Exempt Property. The following property subject to this Declaration shall be exempt from the Assessments created therein: (a) all properties dedicated to and accepted by a public authority; (b) all rights-of-way; and (c) all common areas owned by the Developer, its successors and/or assigns. Notwithstanding the foregoing, and with the exception of Section 5.01 hereinabove, no land or improvements devoted to dwelling use shall be exempt from said Assessments.
5.07 Annual Meeting. The annual meeting of the Association shall be held at such appropriate time, date and place in Monongalia County, West Virginia, as the Association Board may designate. Notice of the annual meeting shall be provided to all members by written notice of the time and place of such meeting at least sixty (60) days prior to the annual meeting; thereafter, not less than twenty five (25) nor more than thirty five (35) days prior to the annual meeting, the Board shall provide all members a final notice of the annual meeting.
5.08 Special Meetings. Special meetings of the Association may be called by the President of the Association, a majority vote of the Association Board, or by petition of no less than twenty percent (20%) of all votes of the membership, and upon not less than twenty five (25) nor more than thirty five (35) days written notice to all members of the time, place and agenda of said special meeting.
5.09 Quorum for any Action Authorized Under Sections 5.03, 5.07 and 5.08. At the meeting called, as provided in Sections 5.03, 5.07 and 5.08 hereof, the presence at the meeting of members or proxies entitled, subject to Sections 3.01 and 5.01, to cast one third (1/3) of all votes of the membership, as then constituted, shall constitute a quorum. If the required quorum is not present at a meeting, another meeting may be called, subject to the notice requirement set forth in Sections 5.03, 5.07 and 5.08 hereof. The required quorum at any such subsequent meeting shall be one-half (1/2) of that required at the preceding meeting. No such subsequent meeting shall be held more than thirty (30) days following the first meeting. If the required quorum is not present at such subsequent meeting, the Association Board may after ten (10) days written notice to all Association members, have the power to act by a majority vote on any matter within its discretion. Provided however, the power of the Association Board to so act shall be extinguished upon receipt of the written objection, within ten (10) days, by sixty percent (60%) of the members eligible to vote as defined in Section 3.01.
ARTICLE VI -- COVENANTS AND RESTRICTIONS
6.01 The following covenants, restrictions, limitations, regulations and agreements are hereby imposed on all lots in Greystone-On-The-Cheat as shown on the final plat of said Development, and said restrictions shall be binding upon the developer hereinafter designated and all purchasers or other parties having any interest therein. The restrictions set forth herein are intended to be covenants running with the land.
ALL LOTS SHALL BE OCCUPIED AND USED AS FOLLOWS:
(a) Restrictions of Use. No part of the property shall be used for other than housing and the common recreational purposes for which the property was designed. Each lot shall be used as a residence for a single family and for no other purposes except as set forth herein below. No portion of the lot shall be used for business purposes, and no activity therein shall interfere with the quiet enjoyment or comfort of any owner or occupant of other properties within the Development.
(b) Rights-of-Way. There shall be no obstruction of the rights-of-way nor shall anything be stored in the rights-of-way, without the prior written consent of the SARB except as hereinafter expressly provided. All owners shall be obligated to maintain and keep in good order and repair their own lot or lots, and the same shall be done in conformance with the Community Development Standards and Guidelines established as set forth in the Public Offering Statement and elsewhere herein.
(c) Construction Approval. Detailed plans and specifications for the construction, reconstruction, rebuilding, alteration or improvement of any dwelling unit or of any other structure shall be submitted to the SARB at least eight (8) weeks prior to the intended date for commencing construction. The plans and specifications shall state the quality of workmanship, design, color and materials and harmony of the same to the project as a whole. The SARB shall review all plans and specifications and approve the same if it finds, by majority vote, that such plans and specifications comply in all respects with this Declaration and the standards and guidelines promulgated by the Association Board under Section 10.03 hereof. No structure built upon any of the said lots shall have the exterior painted without the proposed color thereof having been approved by the SARB. Approval or disapproval of construction and other plans shall be in writing, and shall be provided by SARB, for and in behalf of the Association, within forty-five (45) days of submission of the plans for consideration, and the decision of the SARB shall be binding on the party submitting same. A copy of said plans and specifications shall be filed with the Association, its successors and assigns. Any SARB review fees, including, but not limited to, surveyor and architect expenses incurred by SARB in its review and approval of any development plan, shall be assessed to the lot owner. An annual schedule of SARB review fees shall be set, and modified, by a majority vote of the Association Board.
(c)(1) No building shall be erected, placed, removed or altered on any lot until the construction plans and specifications, building materials and plot plan have been approved, in writing, by the SARB as to the harmony of external designs and as to location with respect to topography and finished grade elevation.
(c)(2) Once construction plans have been approved by the SARB, and construction is commenced on any lot, SARB approval shall remain valid for exactly twelve months. The improvements to the lot must be substantially completed, including, but not limited to, all building construction, exterior work, grading, driveways, walkways and landscaping, within twelve months. Written exception to this rule may be granted by the SARB for good cause. No construction or improvement may be completed after the initial twelve month approval period has expired unless the same has been re-submitted to, and re-approved by, SARB. Any alteration or improvement exceed $500.00 in total cost, to any existing or previously approved building or structure must be re-approved, in writing, by SARB.
(d) Construction Bond. Lot owners must deposit a construction bond with SARB to secure construction in compliance with this Declaration. The amount of the construction bond shall be set by the Association Board.
(e) Satellite Dishes and Antennas. Owners shall not cause or permit anything to be hung or displayed on the outside windows, or placed in any lot or on the exterior of any buildings, other than seasonal decorations, and no radio or television antenna, satellite dish measuring more than eighteen (18") inches in diameter, telecommunications device or any similar device shall be affixed to or placed upon the exterior walls or roof or any part thereof, or on the lots themselves. Any satellite dish permitted pursuant to this section must be installed and constructed in a discrete and esthetically inoffensive location.
(f) Signs. No signs, placards, or advertisements (including, but not limited to, contractor signs), may be displayed or placed in any lot or on the exterior of any building. Provided, however, that the following use of signs shall be permitted:
(f)(1) One "garage sale", "yard sale" and "party" sign, may be displayed on any lot at any time. Signs of this type may only be displayed during with the occurrence of the advertised event. Only one real estate "for sale" sign may be displayed on any lot at any time. Real Estate "for sale" signs must be of "DEE Sign Company" design approved by SARB and must contain one large Greystone-On-The-Cheat insert and several small inserts for the name and telephone number of the real estate broker and/or the lot owner; and
(f)(2) Lots where construction is underway may display one 8" by 10" sign indicating the subsection and number of the lot for the purpose of aiding delivery of materials.
Any item or fixture installed, placed or displayed in violation of this section may be removed by SARB without notice or liability to the owner of the offending Lot, fixture and/or sign.
(g) Animals and Pets. Animals and Pets. No animals, wildlife, livestock, reptiles, or poultry of any kind shall be raised, bred, or kept on any portion of the Properties, except that dogs, cats or other usual and common household pets may be permitted on a Lot. All pets shall be controlled by their Owners at all times. Those pets which, in the sole discretion of the Association Board, endanger the health, make objectionable noise or constitute a nuisance or inconvenience to the Owners of other Lots or the owner of any portion of the Properties shall be removed upon request of the Association Board within thirty (30) days of written request. No pets shall be kept, bred, or maintained on any Lots for commercial purposes. Household pets shall at all times whenever they are outside a Lot be confined on a leash held by a responsible person. Pets shall only be permitted on the common areas in such portions thereof as are so designated by the Association. All persons bringing a pet onto the common areas shall be responsible for removing any solid waste of the pet.
(h) No noxious, offensive or illegal activity shall be carried on in any lot, nor shall anything be done therein, either willfully or negligently, which may be or become an annoyance or nuisance to the other owners or occupants. Further, at no time shall any area of this Development be used for the purpose of hunting of any wild animal or bird by any means whatsoever, and, for all intents and purposes this Development shall be considered a game preserve and a bird sanctuary.
(i)(1) Laundry. No clothes, blankets or laundry of any kind shall be hung out or exposed on any part of the lot.
(i)(2) Rubbish. All lots, whether occupied or unoccupied, and any improvements thereon, shall be well maintained and no unattractive growth or accumulation of rubbish, debris or unsightly materials shall be permitted. Grantee agrees that the premises will not be used at any time for the storage of garbage, trash or other waste, on any part of any lot, and that the disposal of trash, garbage and other waste shall be accomplished by means of a weekly collection service. Each lot owner shall provide receptacles for garbage not generally visible from the road and which shall be in accordance with Health Department regulations or guidelines or standards established by the SARB.
(i)(3) Storage. At no time shall any boat, trailer, motor home or unlicensed or uninspected motor vehicle be stored on a lot or in the streets or parking areas. All such vehicles shall be housed or stored in a suitable structure designed for such purpose and constructed and approved in like manner as any other structure in the Development.
(j) Business Use. No trade or business may be conducted in or from any lot, except that an Owner or occupant residing in a lot may conduct business activities within the lot so long as: (a) the existence or operation of the business activity in not apparent or detectable by sight, sound or smell from outside the lot; (b) the business activity conforms to all governmental requirements; (c) the business activity does not involve persons coming onto the residential properties who do not reside in the properties or door-to-door solicitation of residents of the properties; and (d) the business activity is consistent with the residential character of lot and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the properties, as may be determined in the sole discretion of the Association Board.
The terms "business" and "trade", as used in this provision, shall be construed to have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (i) such activity is engaged in full or part-time; (ii) such activity is intended to or does generate a profit; or (iii) a license is required therefor. Notwithstanding the above, the leasing of a lot shall not be considered a trade or business within the meaning of this Section. This Section shall not apply to any activity conducted by the Developer and/or Declarant with respect to is development and sale of the properties or its use of any lots which it owns within the properties.
(k) Leases. No lot, or any portion thereof, shall be rented by the owners thereof for transient purposes, which shall be defined as a rental for any period less than six (6) months; otherwise lot owners shall have the absolute right to lease same provided that said lease is made subject to the covenants, restrictions, easements, restraints, rights-of-way, liens and charges contained in this Declaration and further subject to all Regulations adopted by the Association Board. A copy of any such lease must be delivered to the Association Board or its duly authorized agent within ten (10) days after the execution thereof.
(l) Deleted.
(m) In the event of reconstruction, destruction, improvement or renovation for any purpose (including fire), the dwelling shall be compatible with the dwellings on adjacent lots, both as to architectural design and the color and composition of exterior walls, and the same shall not be commenced or proceed without having first been expressly approved, in writing, by the SARB.
(n)(1) Minimum Area Requirement. With the exception of the Oaks, no single family detached dwelling shall contain less than Eighteen Hundred (1800) square feet, exclusive of basement, porches, decks and finished garages. Multi-family dwellings in the Oaks must be at least twelve hundred (1200) square feet in total living area. All other multi-family dwellings must be at least eighteen hundred (1800) square feet in total living area. Provided, however, that this limitation shall not apply to any building constructed prior to the execution of this document.
(n)(2) Set Backs. No single family detached dwelling shall be constructed or located nearer than twenty-five (25) feet to the front of any lot or nearer than thirty (30) feet to the back line of any lot or nearer than twenty (20) feet to an interior or side lot line. For the purpose of this restriction, eaves, steps, balconies, and open porches shall be considered as a part of the construction. The SARB may grant individual written exceptions to the "set-backs" affecting any individual Lot. SARB may only grant written exceptions for structural improvements which are also pre-approved, in writing, by the owner(s) of the adjacent lot benefited by said "set-back". Provided, however, that SARB need not receive approval from adjacent lot owners with regard to granting "set-back" exceptions for driveways and walkways.
(n)(3) Oaks and Georgian Manor Set Backs. Those lots located in The Oaks and Georgian Manor are hereby granted an exemption from the above "set-back" restrictions. Provided, however, that no house or building in Georgian Manor shall be constructed or located nearer than fifteen feet to the front line of any lot; nearer than thirty-five feet to the line of any lot adjoining the golf course; nearer than twenty-five feet to the line of within Lot Nos. 1 or 2 of Block 200 of Phase II of Greystone-On-The-Cheat; or nearer than ten feet to an interior side lot line.
(n)(4)(i) Special Exception. Lot Number 4 of Block 400 (the same parcel of real estate which was conveyed by NMP Partnership, a West Virginia Limited Partnership, to Royal Tippling, Inc., a West Virginia Corporation, by deed dated June 10, 1987, and recorded in the office of the aforesaid Clerk in Deed Book No. 961, at Page 531) is hereby granted an exemption from the above "set-back" restrictions, such that the "set-back" restriction from the boundary between said parcel and Lot No. 5 of Block 400 (the same parcel of real estate which was conveyed by NMP Partnership, a West Virginia Limited Partnership, to Royal Tippling, Inc., a West Virginia Corporation, by deed dated June 10, 1987, and recorded in the Office of the aforesaid Clerk in Deed Book No. 961, at Page 531) shall be not less than fifteen (15) feet with regard to the house. In addition, an exemption is granted from the above "set-back" restrictions with regard to the present location of the pool house, pool and Dog Run as shown on the plat dated August 19, 1991, prepared by Greenleaf Surveying Company, a copy of which is attached to this Amendment for all pertinent purposes. Further, the granting of these exemptions are expressly found to be reasonable and consistent with the Declaration and necessary to insure the harmony of exterior designs and the appropriate location of structures upon the subject lots, considering, without limitation, such matters as topography, finished grade elevation, landscaping, drainage, utility easements, view easements, convenience of ingress and egress, and the like.
(n)(4)(ii) Lot No. 12 and fifteen feet (15') of Lot No. 13 (the same parcel of real estate which was conveyed by NMP Partnership, a West Virginia Limited Partnership, to Royal Development, Inc., a West Virginia corporation, by Deed dated August 8, 1992, and recorded in the Office of the aforesaid Clerk in Deed Book No. 1054, at Page 464) is hereby granted an exemption from the subdivision restriction, such that the subdivision of Lot 13 (the same parcel of real estate which was conveyed by NMP Partnership, a West Virginia Limited partnership, to Royal Development, Inc., a West Virginia Corporation, by deed dated August 7, 1992, and recorded in the Office of the aforesaid Clerk in Deed Book No. 1054, at Page 464) shall not be restricted. Further, the granting of this exemption to the subdivision restriction is expressly found to be reasonable and consistent with the Declaration and necessary to insure the harmony of exterior designs and the appropriate location of structures upon the subject lots, considering, without limitation, such matters as topography, finished grade elevation, landscaping, drainage, utility easements, view easements, convenience of ingress and egress, and the like.
(o) Pools. No above-ground pools shall be erected, constructed or installed on any lot except that above-ground pools which are integrated within the construction of a building or decking around the building and above-ground spas or jacuzzis, may be permitted if approved by SARB.
(p) Fences. There will be no fences erected adjacent to or along the property lines of individual lots. However, it is not intended that this restriction shall prohibit the erection of fences for encompassing outdoor privacy areas adjacent to or in proximity to the rear of a single family dwelling house. Non-climbable fences may be constructed around pools as required by law. However, in no case shall any fence exceed six (6) feet in height. Any fence so constructed shall require the prior express written consent of the SARB.
(q) Temporary Structures. No structure of a temporary character, trailer, basement, tent, barn or garage shall be used at any time as a residence, either temporarily or permanently.
(r) Fireplaces and Fuel. All fuel used in a dwelling or other structure shall be of the smokeless type, however, fireplaces and wood burners in which wood is used as a fuel shall be excepted from this provision. No fireplace or wood burner may be used as the primary source of heat for any structure.
(s) Deleted.
(t) Certificate of Occupancy. No residence shall be occupied until the same has been substantially completed, and a certificate of occupancy therefor issued by the SARB.
(u) Deleted.
(v) Deleted.
(w)(1) Subdivision and Consolidation of Lots. No lot in the Development shall be subdivided, or consolidated with any other lot in the Development, without the prior express written consent of the SARB and the Association Board, acting by a majority vote.
(w)(2) Partition. There shall be no judicial partition of the Development, or any part thereof, nor shall any person acquiring any interest in the Development, or any part thereof, seek any such judicial partition absent express authorization in these covenants, or in any later valid, formal revisions or amendments hereof.
(x) Sewage System. All lot owners shall use the sanitary sewer system constructed in said planned community until such time as the same, or any additions thereto, has been replaced by a municipal or county sewage system. There shall be no individual septic tanks, wells or cisterns constructed or maintained within the Development.
No outside toilet or individual potable water well shall be constructed on any lot. All plumbing fixtures, dishwashers or washing machines shall be connected to the sewage system. Storm water shall not be allowed to flow into the sewage system.
(y) Utilities. The utility services provided by the lot owner servicing the lots of said planned community are to be constructed underground from the street rights of way to the residential dwellings.
(z) Fuel Tanks. No fuel tanks or similar storage receptacles may be constructed or maintained on any lot without the prior express written consent of the SARB and the Association Board.
(aa) Limitations on Golf Course Lots. Owners of golf fairway Lots shall be obligated to refrain from any actions which would detract from the playing qualities of any golf course adjacent to the Property or from the development of an attractive overall landscaping plan for the entire golf course area. Such prohibited action shall include, but not be limited to, such activities as burning trash when the smoke would cross the fairway and the maintenance of unfenced dogs or other pets on the Lot under conditions interfering with play due to loud barking, running on the fairways, picking up golf balls or other like interference.
(bb) Enforcement. The violation of any of the provisions herein contained is hereby declared and agreed to be a nuisance which may be remedied by appropriate legal proceedings either in law or equity. The failure of the Association to enforce or restrain a breach of any of the restrictions, conditions, covenants or agreements herein contained, shall be in no wise deemed a waiver of the right to enforce or restrain such breach or non-performance or as a waiver of such restriction, condition, covenant or agreement. Enforcement shall be by proceedings at law or in equity, against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages, or both.
(cc) Invalidation of any one or more of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.
(dd) COVENANTS APPLICABLE ONLY TO THE OAKS
(dd)(1) PARTY WALLS IN THE OAKS.
General Rules of Law Apply. Each wall which is built as a part of the original construction of the homes upon the properties placed on the dividing line between the units 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 omissions shall apply thereto.
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.
Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, an owner who has used the wall may restore it, and if 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 other under any rule of law regarding liability for negligent or willful acts or omissions.
Waterproofing. Notwithstanding any other provision of this Article, and owner who, by his negligent or willful act, causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.
Right to Contribution Runs with the Land. The right of any owner to contribution from any other owner unto this Article shall be appurtenant to the land and shall pass to such owner's successors in title.
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 majority of all the arbitrators.
(dd)(2) No camp fires of any kind shall be burned in any place other than those locations provided by the Association for such activity, without the permission of the Association Board.
(dd)(3) No trees, shrubs, plants or stones appurtenant to the common areas of The Oaks shall be cut or removed without the permission of the Association Board.
(dd)(4) Nothing shall be done or kept in or on any unit which shall increase the normal rate of insurance of the building, or the contents thereof, without the prior written consent of the Association Board. No owner shall permit anything to be done or kept in or on his unit which will result in the cancellation of insurance on the building, or contents thereof, or which would be in violation of any law. No waste will be permitted.
(dd)(5) No noxious, offensive or illegal activity shall be carried on in any unit, nor shall anything be done therein, either willfully or negligently, which may be or become an annoyance or nuisance to the other owners or occupants.
(dd)(6) Nothing shall be done in or on any unit which will impair the structural integrity of the building or which would structurally change the building except as otherwise provided herein.
(ee) Monongalia County Flood Insurance Program. Certain lots and parcels within Greystone-On-The-Cheat are located within a Flood Plain District as designated by the National Flood Insurance Program. The owner of any lot located within a flood plain must comply with the requirements of the Monongalia County Flood Plain Management Ordinance prior to any construction on, or development of, an affected lot.
(ff) Non-licensed vehicles. Motor driven vehicles which include, by way of illustration and not limitation, ATV's, trail bikes and golf carts, which are not subject to licensure by the State of West Virginia may not be operated on the roadways or common areas of the Development. Any lot owner who operates such vehicles on the roadways or common areas of the Development, or allows his guests, invitees or licensees to do so, shall be in violation of these Covenants and shall be subject to Special Assessment, lien or fine for the purpose of discouraging the offending conduct and/or reimbursing the Association and other lot owners for any costs or liabilities incurred as the result of said use.
6.02 SARB. The Declarant shall appoint a standing committee designated as the Site/Architectural Review Board (SARB) which shall be comprised of not less than three (3) members whose duty it shall be to carry out the responsibilities imposed on it by these covenants, and the SARB shall continue to so function until such time as the Declarant, in writing, turns the process over to the Association, and at that time the SARB shall be a standing committee of the Association Board. The three members of SARB shall include at least one individual whom shall be appointed by the Association Board, one of whom shall be appointed by the Declarant or its assigns, until such time as Declarant no longer owns any developable lots within the Subdivision and at least one of whom shall be a multi-discipline engineering or architectural professional skilled in the areas of design/construction, site planning and landscape design, site utilities and structural engineering. Members of SARB shall be compensated on such basis as the Association Board may from time to time agree. Vacancies on the SARB shall be filled by majority vote of the Association Board, subject to the criteria set forth above.
ARTICLE VII -- EASEMENTS
7.01 Reservations. Easements and rights-of-way are hereby expressly reserved to Declarant, its successor and assigns, and the Association, its SARB, successors and assigns, in, on, over, and under each lot, for the following purposes:
(a) For the erection, installation, construction, repair and maintenance of: (i) wires, lines and conduits, and the necessary or proper attachments in connection with the transmission of electricity, telephone, community antenna television cables and other utilities and other similar facilities, and (ii) storm water drains, land drains, sewers, pipe lines for supplying gas, water and heat, and for any other public or quasi-public utility facility, service or function; and
(b) Declarant and its respective agents, successors and assigns, shall have the right to enter upon all parts of the easement area of each lot for any of the purposes for which said easements and rights-of-way are reserved; and
(c) Enforcement of these Covenants and execution of the powers conveyed herein.
7.02 Access and View Easements. All owners, by accepting title to lots conveyed subject to these covenants waive all rights of uncontrolled and unlimited access, ingress and egress to and from such lot or lots, and acknowledge and agree that such access, ingress and egress shall be limited to roads, sidewalks, walkways and trails located within the Development from time to time, provided that pedestrian and vehicular access to and from all lots shall be provided at all times. Provided, however, that SARB shall have an unrestricted easement for pedestrian access to the exterior of each lot for the purpose of inspection and enforcement of these Covenants, and execution of the powers conveyed herein.
The Association, and the SARB, and their respective agents, successors and assigns, shall employ all means necessary to insure that each owner shall enjoy an easement of view and sight that is in conformity with the aesthetic interests of each owner and the Development as a whole.
ARTICLE VIII -- COVENANTS FOR MAINTENANCE
8.01 Association Duties and Obligations. The Association shall have the following duties and obligations:
(a) To preserve and maintain all streets and parking areas, and facilities thereon, in a manner consistent with good property management, and in any event, in accordance with standards approved by the members.
(b) To protect, maintain and preserve all outdoor lighting facilities owned or contracted for by the Association.
(c) To preserve and maintain all common facilities and the common portions of all utilities serving the Development;
(d) To pay fire hydrant use fees, if any.
8.02 Owner’s Duties and Obligations. The Owners shall have the following duties and obligations:
(a) Each owner shall keep all lots owned by him, and all improvements therein or thereon, in good order and repair, including but not limited to the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. If, in the opinion of the Association Board, any owner fails to perform the duties imposed by the preceding sentence, the Association Board, may after fifteen (15) days’ written notice to the owner to remedy the condition in question, through its duly authorized agents, enter upon the lot in violation to repair, maintain, repaint and restore the lot or such improvements and the cost thereof shall be a Special Assessment and a binding personal obligation of such owner as well as a lien (enforceable in the same manner as a deed of trust) upon the lot in violation.
(b) Although the Developer and the Association have caused, and will cause, this document and the amendments hereto to be recorded in the Office of the aforesaid Clerk, it is the obligation of the Owner of each lot, pursuant to West Virginia Code Chapter 36B, Article 4, Section 109, to provide copies of the Public Offering Statement, Restrictive Covenants, Rules and Regulations of the Association, By-Laws of the Association, and other pertinent information and limitations governing the use of lots within the Development to his or her grantees, successors and assigns. The Developer and/or the Association shall not be liable to any owner for any violation of this paragraph by that owner's predecessor in title.
(c) In order to assist the Association Board in its administrative functions, including enforcement and collection of liens:
(1) Anyone acquiring a present possessory interest to any lot(s) in Greystone-On-The-Cheat must send written notice to the Association Board or its duly authorized agent of said acquisition within twenty (20) days thereof. Said notice shall state the lot(s) acquired and the name, mailing address, and telephone number of all record owners of said lot.
(2) All lot owners must provide the Association Board or its duly authorized agent with copies of all Verified Sales Listing Forms, Sales Contracts, Leases and/or other Contracts pertaining to any transfer of possessory interest in, or ownership of, lot(s) in Greystone-On-The-Cheat no later than twenty (20) days after the execution thereof.
ARTICLE IX--LIABILITY AND INSURANCE
9.01(a). The Association Board shall have the authority to and shall obtain blanket all-risk coverage insurance for all insurable improvements on the Common Area, or if blanket all-risk coverage is not reasonably available, then at a minimum an insurance policy covering loss or damage by fire or other hazards, including extended coverage, vandalism, and malicious mischief. This insurance shall be in an amount sufficient to cover one hundred percent (100%) of the replacement cost of any repair or reconstruction in the event of damage or destruction from such hazard.
9.01(a)(i) The Association shall not have any insurance responsibility for any Lot.
9.01(a)(ii) Insurance obtained on the facilities and Limited Common Areas within any Neighborhood such as the Oaks, Georgian Manor or Greystone Estates, shall at minimum comply with the applicable provisions of this Section 1, including the provisions of this Article applicable to policy provisions, loss adjustment, and all other subjects to which this Article applies with regard to insurance on the Common Areas.
9.01(a)(iii) The Board shall also obtain a public liability policy covering the Common Areas, the Association, and its Members for all damage or injury caused by the negligence of the Association or any of its Members or agents, and, if reasonably available, directors' and officers' liability insurance. The public liability policy shall have at least One Million Dollars ($1,000,000.00) per person limit, as respects bodily injury and property damage, a Three Million Dollar ($3,000,000.00) limit per occurrence, and the property damage limit shall be not less than Three Hundred Thousand Dollars, ($300,000.00). Association Board will be responsible for all insurance on common and/or Limited Common Areas and facilities coverage for Limited Common Areas may be a rider to the master policy for reason of apportioning costs.
Premiums for all insurance on the Common Area (other than Limited Common Areas) shall be Common Expenses of the Association and shall be included in the Common Assessment; premiums for insurance on Limited Common Areas shall be charged to those Neighborhoods as a Neighborhood Assessment. The policy may contain a reasonable deductible, and in the case of casualty insurance, the amount thereof shall be added to the face amount of the policy in determining whether the insurance at least equals the full replacement cost.
All insurance coverage obtained by the Association Board shall be written in the name of the Association as trustee for the respective benefited parties, as further identified below. Such insurance shall be governed by the provisions hereinafter set forth.
9.01(b) All policies shall be written with a company authorized to do business in West Virginia which holds a Best's rating of A or better and is assigned a financial size category of XI or larger as established by A.M. Best Company, Inc., if reasonably available, or if not available, the most nearly equivalent rating.
9.01(c) All policies on the Common Area shall be for the benefit of the Association and its Members.
9.01(d) Exclusive authority to adjust losses under policies obtained by the Association on the Properties shall be vested in the Association Board. No First Mortgages or other lienholder shall have any right of participation with respect to losses pertaining to the Common Area.
9.01(e) In no event shall the insurance coverage obtained and maintained by the Association Board hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their First Mortgagees and the insurance carried by the Association shall be primary.
9.01(f) All casualty insurance policies shall have an inflation guard endorsement, if reasonably available, and an agreed amount endorsement with an annual review by one (1) or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the Monongalia County, West Virginia area.
9.01(g) The Association Board shall be required to make every reasonable effort to secure insurance policies that will provide for the following:
9.01(g)(i) a waiver of subrogation by the insurer as to any claims against the Association, the Owners, and their respective tenants, servants, agents, and guests;
9.01(g)(ii) a waiver by the insurer of its rights to repair and reconstruct, instead of paying cash;
9.01(g)(iii) a statement that no policy may be canceled, invalidated, suspended, or subject to non-renewal on account of any one (1) or more individual Owners;
9.01(g)(iv) a statement that no policy may be canceled, invalidated, suspended, or subject to non-renewal on account of the conduct of any director or officer of the Association or its duly authorized agent without prior demand in writing delivered to the Association to cure the defect and the allowance of a reasonable time thereafter within which the defect may be cured by the Association, its manager, any Owner, or First Mortgagee;
9.01(g)(v) that any "other insurance" clause in any policy exclude individual Owners' policies from consideration; and
9.01(g)(vi) that the Association will be given at least thirty (30) days prior written notice of any cancellation, substantial modification, or non-renewal.
9.01(h) In addition to the other insurance required by this Section, the Association Board shall obtain, as a Common Expense, a fidelity bond or bonds on directors, officers, and other Persons handling or responsible for the Association’s funds, and flood insurance on Common Areas, if required. The amount of fidelity coverage shall be determined in the directors’ best business judgment but, if reasonably available, may not be less than one-fourth (1/4) of the Common or Annual Assessments on all Lots, plus reserves on hand. Bonds shall contain a waiver of all defenses based upon the exclusion of persons serving without compensation and shall require at least thirty (30) days prior written notice to the Association of any cancellation, substantial modifications, or non-renewal.
9.02 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner covenants and agrees with all other Owners and with the Association that each Owner shall carry blanket all-risk casualty insurance on the Lot(s) and structures constructed thereon. Each Owner of a Lot further covenants and agrees that in the event of a partial loss or damage resulting in less than total destruction of structures comprising his Lot, the Owner shall remove all debris within sixty (60) days and complete repair or reconstruction of the damaged structure within one (1) year in a manner consistent with the original construction or such other plans and specifications as are approved in accordance with this Declaration. The Owner shall pay any costs of repair or reconstruction which are not covered by insurance proceeds. In the event that the structure is totally destroyed, the Owner of the Lot may decide not to rebuild or not to reconstruct, in which case the Owner shall clear the Lot of all debris and return it to substantially the natural state in which it existed prior to the beginning of construction and thereafter the Owner shall continue to maintain the Lot in a neat and attractive condition consistent with the Community Development Standards and Guidelines as it is provided in this Declaration and elsewhere.
All policies of insurance required by the terms of this Section shall name the Association as additional insureds and shall require that the Association will be given at least thirty (30) days prior written notice of any cancellation, substantial modification, or non-renewal.
9.03 Damage and Destruction. Immediately after damage or destruction by fire or other casualty to all or any part of the Properties covered by insurance written in the name of the Association, the Association Board or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed Properties. Repair or reconstruction, as used in this paragraph, means repairing or restoring the affected portion of the Properties to substantially the same condition in which they existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes or other governmental requirements.
Any damage or destruction to the Common Area, or the Limited Common Areas of any Neighborhood, shall be repaired or reconstructed unless it is decided by a seventy-five (75%) majority of the Association, (or the Neighborhood with regard to Limited Common Areas) at a Special Meeting called for the purpose of addressing said repair or reconstruction, not to repair said common area. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within said period, then the period shall be extended until such funds or information shall be made available; provided however, such extension shall not exceed sixty (60) additional days. No holder of any lien relative to the Properties or any Lot therein shall have the right to participate in the determination of whether the damage or destruction to Common Area or Limited Common Areas shall be repaired or constructed.
In the event that it should be determined in the manner described above that a Common Area, or Limited Common Area shall not be repaired or reconstructed and no alternative improvements are authorized, then in that event the affected portion of the Properties shall be restored to their natural state and maintained undeveloped by the Association in a neat and attractive condition consistent with the Community Development Standards and Guidelines.
9.04 Disbursement of Proceeds. Proceeds of insurance policies shall be disbursed as follows: If the damage or destruction for which the proceeds of insurance policies are paid is to be repaid or reconstructed, the proceeds, or such portion thereof as may be required for such purpose, shall be disbursed in payment of such repairs or reconstruction as hereinafter provided. Any proceeds remaining after defraying such costs of repair or reconstruction, or in the event no repair or reconstruction is made after making such settlement as is necessary and appropriate with the affected Owner or Owners and their mortgagee(s), as their interest may appear, if any Lot is involved, shall be retained by and for the benefit of the Association and placed in a capital improvements account. This is a covenant for the benefit of any First Mortgagee of a Lot and may be enforced by such First Mortgagee.
If it is determined, as provided in Section 9.3 of this Article, that the damage or destruction to the Common Area for which the proceeds are paid shall not be repaired or reconstructed, such proceeds shall be deposited in a capital improvements account for the benefit of the Association.
9.5 Repair and Reconstruction. If the damage or destruction to the Common Area for which insurance proceeds are paid is to be repaired or reconstructed, and such proceeds are not sufficient to defray the cost thereof, the Association Board shall, without the necessity of a vote of the Voting Members, levy a Special Assessment against all Owners on the same basis as provided for Common Assessments; provided, if the damage or destruction involves the Limited Common Areas appurtenant to a specific Neighborhood, only the Owners of Lots in the affected Neighborhood shall be subject to Assessment therefore. Additional Assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the cost of repair, such excess shall be deposited in a capital improvement account for the benefit of the Association.
ARTICLE X -- MISCELLANEOUS PROVISIONS
10.01 Enforcement. The Association, any owner, or Declarant 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, any owner or Declarant to enforce any covenant or restriction herein contained shall in no event be deemed waiver of the right to do so thereafter.
10.02 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
10.03 Implementation. Declarant reserves unto itself, its successors and assigns, the right to promulgate, maintain, and amend Community Development Standards for Home Builders and Community Developer Guidelines, not inconsistent with this declaration, to facilitate the interpretation, application, maintenance and enforcement hereof.
10.04 Termination. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owner of any lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this Declaration is recorded. After said twenty year term, the said covenants shall be automatically extended for successive periods of ten (10) years unless terminated by a unanimous vote of lot owners, which termination shall be made an amendment to this Declaration.
10.05 Amendment. The provisions of this Declaration may be changed, modified or rescinded by an instrument in writing setting forth such change, modification or rescission by vote or agreement of Unit Owners owning Units to which not less than sixty-seven per cent (67%) of the votes in the Association are allocated and prepared, executed, acknowledged and properly recorded for the Association by its President; provided, however, no change, modification or rescission may increase or create Special Declarants Rights, increase the number of Units beyond those contained in the initial nine (9) phases, alter Unit boundaries, increase the allocated interests of a Unit or the uses to which any Unit is restricted, without the consent or agreement of all Unit Owners and of all lien holders unless otherwise specified in this Declaration. Any instrument changing, modifying or rescinding any provision of this Declaration with respect to such action shall be signed by all the affirmatively voting Unit Owners and all lien holders as required by this Declaration.
The change, modification or rescission whether accomplished under either of the provisions of the preceding paragraph, shall be effective upon recording of such instrument in the Office of the Clerk of the County Commission of Monongalia County, West Virginia; provided, however, that no provisions in this Declaration may be changed, modified or rescinded so as to conflict with the provisions of West Virginia Code Chapter 36B, Article 2, and FURTHER PROVIDED that: (a) the provisions in this Declaration may be changed, modified or rescinded solely upon a vote of the Association Board where alteration of the provisions hereof are made solely to bring this document into compliance with the Acts abovesaid, other existing law or to correct errors of scriveners, architect or surveyor, or to clarify ambiguities or omissions from any provision herein, with no notice to Unit Owners or lien holders as above said unless such change, modification or rescission directly affects an individual Unit Owner's or lien holder's interest in the real estate or appurtenances held as security; and (b) that the Declarant and the Association Board may also amend this Declaration for the exclusive purpose of opening and developing any of the original nine (9) phases of the Subdivision.
10.06 Procedures Concerning Violations of Restrictive Covenants. SARB shall provide written notice of any violation of these Protective and Restrictive Covenants, or any condition or ruling issued or imposed by SARB pursuant to the authority granted herein. A notice letter shall include the following: a thorough statement of the violation including a reference to the specific covenant, restriction, or SARB letter which has been violated; all remedial action necessary to terminate the violation and bring the offending lot or property owner within compliance of the covenant, restriction or letter; the reasonable and appropriate time period in which the violation must be remedied; the penalty for failure to remedy the violation in the allotted time period; and state that an extension to the allotted time period may be granted if sufficient cause and justification is presented to SARB.
If the violation is not abated or resolved within the time period allotted in the notice letter, the Association shall pursue any appropriate remedies, including, but not limited to, fines, Special Assessments attaching a lien against the offending lot, injunctive relief, and/or any other legal recourse.
Any disputed violation may be appealed from SARB to the Association Board. All appeals must be presented, in writing, to the Association Board for consideration during its regular monthly meeting. The offending lot owner may appear and present the appeal to the Association Board. The Association Board shall rule on the appeal and issue a written decision to the lot owner and the SARB.
10.07 Effect of this Document on Previous Declarations and Amendments Thereto. This Declaration contains all protective and restrictive covenants and reservations, and amendments thereto, regarding lots located in Greystone-On-The-Cheat. Any previously recorded Declarations and Amendments thereto are superseded, amended and replaced by this document.
IN WITNESS WHEREOF, the Association has executed this declaration, by and through their duly authorized corporate officers, acting for and on behalf of the said Association, this _____ day of _______________, 2009.
Greystone-On-The-Cheat Property Owners Association, Inc.,
A West Virginia Corporation,
By________________________________
David Garlitz, President
Greystone-On-The-Cheat Property Owners Association, Inc.,
A West Virginia Corporation,
By________________________________
Tony Howard, Vice-President
Greystone-On-The-Cheat Property Owners Association, Inc.,
A West Virginia Corporation,
By________________________________
Alan Waters, Treasurer
Greystone-On-The-Cheat Property Owners Association, Inc.,
A West Virginia Corporation,
By________________________________
Peter Wilkins, Secretary
Greystone-On-The-Cheat Property Owners Association, Inc.,
A West Virginia Corporation,
By________________________________
Tom Wiley, Director
Greystone-On-The-Cheat Property Owners Association, Inc.,
A West Virginia Corporation
By________________________________
Joseph Swiger, Director
Greystone-On-The-Cheat Property Owners Association, Inc.,
A West Virginia Corporation
By________________________________
Toni Southern, Director
Greystone-On-The-Cheat Property Owners Association, Inc.,
A West Virginia Corporation
By________________________________
Amy Smith, Director
Greystone-On-The-Cheat Property Owners Association, Inc.,
A West Virginia Corporation
By________________________________
George Rawlins, Director
STATE OF WEST VIRGINIA,
COUNTY OF MONONGALIA, TO-WIT:
The foregoing instrument was acknowledged before me in my said County and State this ______ day of _____________________, 2009, by the following individuals acting in their official capacity as Officers and Directors of the Greystone-On-The-Cheat Property Owners Association, Inc.:
__________________________________, President and Director;
__________________________________, Vice-President and Director;
__________________________________, Treasurer and Director;
__________________________________, Secretary and Director; and
__________________________________, Director
__________________________________, Director
__________________________________, Director
__________________________________, Director
__________________________________, Director
My commission expires:_________________________________.
__________________________________
Notary Public in and for Monongalia
County, West Virginia
This document was prepared by WILLIAM S. ADAMS, Attorney at Law,
Bailey & Glasser, LLP, 2855 Cranberry Square, Morgantown WV 26508.
Greystone-on-the-Cheat POA
Board Approved Fine Structure
For Violations of Covenants and Restrictions
Per By laws:
Section 10.02:
Prior to imposition of any sanction hereunder, the Board of
Directors or its delegate shall serve the accused with written notice
describing:
(a) The nature of the alleged violation.
(b) The proposed sanction to be imposed.
(c) A period of not less than (10) ten days within which the alleged violator may present a written request to the Board of Directors for a hearing.
(d) A statement that the proposed sanction shall be imposed as contained in the notice unless a challenge has been requested within ten (10) days of the notice.
Per Covenants and Restrictions:
Section 10.05:
If the violation is not abated or resolved within the time period allotted in the notice letter, the Association shall pursue any appropriate remedies, including, but not limited to, fines, Special Assessments attaching a lien against the offending lot, injunctive relief, and/or any other legal recourse. Any disputed violation may be appealed from SARB to the Association Board.
Section 5.04:
Any Assessment which is not paid when due shall be delinquent. Any assessment delinquent shall bear interest from the date of delinquency at the Prime Rate plus two percent per year. If an Assessment is not paid in full within six months after the time that the same becomes due and payable, the Association may, after giving the delinquent owner 25 days written notice, bring an action at law against the owner personally obligated to pay the same, and/or foreclose the lien against the property as provided in WV Code, and fees, interest, costs, and reasonable attorney’s fees of any such action shall be added to the amount of such fine.
Three Levels of Violations
Fines per Level of Violation
*Amounts are determined on a case by case basis depending on the severity of the violation.
Process for Violation Notification
1st Letter: Notification of issue
Per Covenants and Restrictions 10.05 Procedures Concerning Violations of Restrictive Covenants. SARB shall provide written notice of these Protective and Restrictive Covenants, or any condition or ruling issued or imposed by SARB pursuant to the authority granted herein. The notice letter shall include the following:
· A thorough statement of the violation including a reference to the specific covenant, restriction, or SARB letter which has been violated.
· All remedial action necessary to terminate the violation and bring the offending lot or property owner within compliance of the covenant, restriction, or letter.
· The reasonable and appropriate time period in which the violation must be remedied.
· The penalty for failure to remedy the violation in the allotted time period.
· The state that an extension to the allotted time period may be granted if sufficient cause and justification is presented to SARB.
All letters from this point sent certified or registered mail:
2nd Letter: If after 30 days the issue is not resolved by the first letter, 2nd letter gives homeowner at least 10 days and no more than 30 days to respond, in writing to the Board, or correct the problem.
3rd Letter: After time frame allotted in 2nd letter, 3rd letter states the amount of the fine and begins fine as of the end date of the time frame in the second letter. Notify that fines are carried with the property, interest charged per month on outstanding amounts due, and lien may be placed on property.
4th Letter: Sent to attorney, 120 days. Place lien on property. Any fees, interest, costs, and reasonable attorney’s fees of any such action shall be added to the amount of such fine.
5th Letter: After 180 days, can foreclose the lien against the property as provided in WV Code.