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Amended & Restated

Constitution

Of

Leisure Lake Membership Association, Inc.

 

 

 

Having been voted upon and adopted by a two-thirds vote of the total number of members in good standing present at the July 2012 Membership meeting.  This constitution is amended and restated and put into place effective as of July 8, 2012.

 

 

 


 

Preamble:     This constitution is adopted for the mutual benefit and protection of Leisure Lake Park and its Members.  The tenets and principles set forth constitute the rights and obligations of the members of Leisure Lake Membership Association, Inc.

 

This constitution, as a contract is enforceable according to its terms, by any of the parties and is subject to the Declaration of Covenants and Restrictions of Leisure Lake Membership Association Inc., as declared and recorded on May 10, 1980 at the Portage County Recorder’s office in Volume 978 page 372.

 

Article I       Name, Principle Meeting Place and Purpose

Section:

1.1          The legal name of this organization shall be Leisure Lake Membership Association, Inc. a non-profit organization in the state of Ohio.

 

1.2          The Principal meeting place shall be Leisure Lake Park located at 5393 State Route 225, Diamond, Ohio

 

1.3          This association shall abide by all policies and procedures set forth in the Leisure Lake Membership Association Constitution and by-laws.

 

1.4          The purpose of the Association shall be to maintain and continue to improve Leisure Lake Park, while promoting the well being and safety of its members.

 

Article II      Membership Definition

Section:

2.1          Members shall be defined as those persons whom own a deeded interest or a membership agreement in Leisure Lake Park.

 

2.2          A member in good standing shall be defined as a member whose obligations, including but not limited to dues, fees and/or assessments are current.

 

2.3          A member in default shall be defined as a member whose obligations, including but not limited to dues, fees and/or assessments are NOT current.

 

2.4          Immediate family shall be defined as those persons who are legally considered the grandparents, parents, siblings, children, spouses and/or descendents of said member(s), any persons who are legally dependent and/or part of a member’s Trust.  The member(s) bears sole responsibility of regulating which family members shall be extended privileges within Leisure Lake Park.

 

2.5          A guest shall be defined as a person who has been extended some of the privileges of membership for a limited period of time, by a member.  The guests’ accountability is the direct responsibility of that member.

 

2.6          Assignee(s) and lease holder(s), shall be defined as those to whom a deeded interest owner(s) has notified the Board, in writing, that these person(s) shall be representing the owner(s) without exercising the voting rights of said owner(s)

 

Article III     New Membership Requirements

Section:

3.1          All persons acquiring a deeded interest from any individual shall become a member in good standing upon payment of all dues, fees and/or assessments and presenting the Board with a copy of their recorded deed for Leisure Lake Records.

 

3.2          All persons purchasing a membership agreement through Leisure Lake Membership Association Inc. shall become a member in good standing upon payment of all dues, fees and/or assessments.

 

 

Article IV     Non-Discrimination Policy

Section:

4.1          Sex, race, creed, religion, disability and/or national origin shall not limit membership in this organization.

 

Article V      Meetings

Section:

5.1          All meetings will be conducted according to the Robert’s Rules of Order.

 

5.2          There shall be three (3) meetings of the membership in good standing to be held on the second Sunday of April, July and October to present the state of this association, and to handle business defined in the constitution as business that must be handled during these meetings.

 

5.3          Special meetings shall be defined as meetings of the membership in good standing, called by the President of the Board of Directors, a two-thirds majority of the Board excluding the President, or by a petition of at least sixty (60) individual signatures of members in good standing to request a special meeting to conduct business that can not be accomplished at regularly scheduled meetings.  The membership shall be notified thirty (30) days prior to the meeting (Ref: Article 8, Section 8.1).

 

5.4          Monthly Meetings shall be defined as normal meetings conducted by the Board to discuss and act on matters pertaining to the ongoing operations of this organization which may be attended by members in good standing.

 

5.5          Executive meetings shall be defined as closed meetings of the Board to discuss legal and disciplinary matters.

 

5.6          Planning sessions shall be defined as meetings held by the Board, and/or committees appointed by the Board of Directors.  These shall deal with aspects of the operation of this organization to be presented to the Board and/or membership at a membership, special or monthly Board meetings.

 

5.7          Emergency meetings shall be defined as meetings of the membership called by a quorum of members in good standing in the event that for any reason this organization would find itself in a situation with less than five (5) members on the Board of the Directors to conduct business.  The sole purpose of these meetings shall be to temporarily fill the vacancies on the Board to carry out the business of the Association and to arrange for a new election of members to the Board of Directors by the membership.  The membership shall be notified fourteen (14) days prior to these meetings (Ref: Article 8, Section 8.2).

 

Article VI     Location of Meetings

Section:

6.1          Executive, Monthly Board, membership, special and emergency meetings shall be held at Leisure Lake Park Clubhouse.

 

6.2          Committee meetings and planning sessions may be held wherever necessary.

 

Article VII    Time of Meetings

Section:

7.1          Membership meetings shall be held on the second Sunday of the following months: January, April, July and October at 10:00 am.  In the event that this falls on a holiday the meeting shall be held the following Sunday.

 

7.2          The Board of Directors shall set monthly board and executive meeting times.

 

7.3          Committee meetings and planning sessions may be held whenever necessary.

 

7.4          Emergency meetings shall be held as needed.

 

Article VIII   Notification of Meetings

Section:

8.1          The President shall notify the members in good standing, by publication of a letter with the date, time, location and the agenda of any special meeting no less than thirty (30) days prior to the meetings.

 

8.2          The President shall notify the members in good standing, by publication of a letter with the date, time, location and the agenda of any emergency meeting no less than fourteen (14) days prior to the meetings.

 

Article IX     Quorum

Section:

9.1          A quorum shall be present in order to conduct business at any membership, special or emergency meeting.  A quorum shall consist of ten percent (10%) of the total number of members in good standing that are eligible to vote.

 

9.2          Seven (7) members of the Board of Directors shall be required to conduct business at the monthly Board meeting.

 

9.3          Three (3) Executive Officers of the Board shall be required to make decisions in an executive meeting.

 

9.4          Two thirds (2/3rds) of the total number of persons on any committee are needed to hold meetings or planning sessions.

 

Article X      Voting by the Membership

Section:

10.1       Only membership agreement members in good standing after a period of one (1) full year and deeded interest members in good standing verified by the Board of Directors shall be permitted to vote.

 

10.2       Each membership agreement member in good standing shall be entitled to two (2) votes.  Each deeded member in good standing shall be entitled to two (2) votes per deed, not to exceed six (6) votes.

 

10.3       All members eligible may then vote for members of the Board of Directors, amendments to this constitution and any other issues addressed at a membership, special or emergency meeting.

 

10.4       Assignee(s), leaseholders do not have the right to vote.

 

Article XI     Establishment of Directors

Section:

11.1       Affairs of this Association shall be governed by its Board of Directors and are subject to review by the membership.

 

11.2       The Board of Directors shall consist of nine (9) members who have been members in good standing for a period of twelve (12) months in this organization.

 

11.3       The Board of Directors shall consist of four (4) Executive Officers: President, Vice President, Secretary and Treasurer, along with five (5) Trustees, whose duties shall be governed by this constitution.  The Board, by majority vote, shall prescribe rules of procedure for the conduct of the Board meetings.

 

11.4       A Board member may be relieved of his/her duties by the Board if he/she has missed three (3) consecutive non-excused board meetings.

 

11.5       Any Board member may be removed from office upon presentation of valid documentation to the Board of Directors of misconduct or inappropriate behavior or by a majority vote of the membership, at any membership or special meeting.

 

11.6       Members of the Board of Directors shall not receive any stated salaries for their services; however, they may be reimbursed for any expenses incurred in carrying out the duties of their office when pre-authorized by the Board.

 

 

Article XII    Powers and Responsibilities of the Board of Directors

Section:

12.1       The Board of Directors shall have the power to draft rules and regulations to govern the membership to the extent that these rules and regulations are consistent with the Declaration of Covenants and Restrictions and the Constitution governing the Park and the Membership.

 

12.2       The Board of Directors shall develop policies and procedures to insure all members in good standing shall have access to the properties and facilities of Leisure Lake Park for themselves, their immediate family, Assignees, Leaseholders and guests.

 

12.3       The Board of Directors shall have the power to enforce the regulations of this organization and make recommendations of discipline by a majority vote of the Board members.

 

12.4       A budget committee shall be formed consisting of the Treasurer and two (2) alternating Board members and three (3) non-Board members on or before February 1st.  The purpose of this committee shall be to prepare and submit a budget at the April Membership Meeting for approval by the Membership.  The non-Board members shall serve on this committee for a period of twelve (12) months.

 

12.5       The Board of Directors shall be required to obtain three (3) bids on all purchases, repairs and improvements in excess of $1,000 (one thousand dollars) excluding emergencies involving the electric, water and sewer or safety issues.

 

12.6       Neither Members of the Board, nor any member(s) shall have the power to borrow or finance any funds from any source, or incur any debt on behalf of the Association beyond that which the majority of the members having approved at the April meeting, where the budget had been presented for approval or at a special meeting for any emergency expense not covered by the annual budget.

 

12.7       Checks must be signed by the treasurer and verified for validity by the President within 14 days of issuance.  If the Treasurer is unavailable, then checks may be signed by the Vice President and verified for validity by the President within 14 days of issuance.

 

12.8       The yearly tax return will be reviewed and approved by the Board of Directors after being prepared by the treasurer and accountant. Once filed, the treasurer will post the return for membership review at the clubhouse. The treasurer will present the return to the membership at the April meeting to ensure a permanent record.

 

Article XIII   Duties of the Board of Directors

Section:

President

13.1       The President shall be principle officer of the Association, and in general, through the direction provided by the Board of Directors, shall supervise and control the business of the Association.

 

13.2       The President shall preside over all meetings, assuring the proper procedures are carried out throughout the meeting.

 

13.3       The President shall assume the duties of the Vice President in the event of illness or any other causes that make it impossible for the Vice President to perform their duties on a temporary basis.

 

13.4       The President shall appoint a Sergeant of Arms prior to the Membership or Special meeting to insure that the meetings are conducted in an orderly manner.

 

13.5       The President shall have a background check for banking purposes.

 

Vice President

13.6       The Vice President shall preside at all meetings where the President is unable to attend and shall assume the duties of the President in the event of illness, or in any other causes that make it impossible for the President to perform their duties on a temporary basis.

 

13.7       The Vice President shall assume the duties of the Treasurer and/or Secretary in the event of illness, or any other causes that make it impossible for him/her to perform their duties on a temporary basis.

 

13.8       The Vice President, at the direction of the President with the support of the Trustees, shall organize and oversee committees to continue the betterment of the Park and the well being of its members.

 

13.9       The Vice President shall have a background check for banking purposes.

 

Treasurer

13.10    The Treasurer shall have the responsibility for the receipt and disbursement of all funds and insure that all are accounted for properly.

 

13.11    The Treasurer shall present written, detailed reports at the membership meetings and each of the monthly Board meetings.  These reports shall be posted within the clubhouse for review by the membership within seven (7) days after each meeting.

 

13.12    The treasurer shall have a background check for banking purposes.

 

Secretary

13.13    The Secretary shall be the principal officer in charge of the maintenance of all records of the Board of Directors and this Association, assuring that the same are available at all times at the office upon request by any member in good standing.

 

13.14    The Secretary shall provide an agenda for Membership meetings.

 

13.15    The Secretary shall post minutes of each Membership meeting within 14 days after the scheduled meetings.

Trustees

13.16    The Trustees shall conduct a quarterly audit of the records.  An annual audit must be completed by an outside Certified Public Accountant no more than thirty days past the end of fiscal year (September 30th).

 

13.17    The Trustees shall support and assist the Board with committees for the betterment of the Park and its members.

 

13.18    The Trustees shall be responsible for any and all assignments as prescribed by the Board for the protection, safety and well being of Leisure Lake Park and its members.

Entire Board

13.19    Any Board member(s) resigning their office verbally or by written notice for any reason shall be given a period of forty-eight (48) hours to rescind their resignation by written notification to any Board member.  After the waiting period, the Board shall follow the procedure for replacing said member.

 

13.20    Any board member(s) leaving office for any reason MUST immediately turn over all property of Leisure Lake Membership Association.  This includes all keys, books and any other information pertaining to LLMA.

 

Article XIV   Elections

Section:

14.1       All members who have been members in good standing for a period of twelve (12) months in this organization shall be eligible to run for an office on the Board of Directors.

 

14.2       Any elected Officer who resigns for any reason may not run for any elected office during the next election period.

 

14.3       Any member who has resigned three (3) times from any office shall be ineligible to hold any position on the Board of Directors.

 

14.4       Terms of Office for the Board of Directors shall be for two (2) years.  To insure continuity, on even numbered years, the President, Secretary, and three (3) Trustees shall be elected.  The Vice President, Treasurer, and two (2) Trustees shall be elected on the odd year.

 

14.5       Not more than one family member shall be permitted on the Executive Board of Directors at any one time.  Multiple Deeds that are owned by the same person/spouse shall be considered one (1) membership for the purpose of holding elected office.

 

Article XV    Nomination and Election Procedures

Section:

15.1       The Board of Directors shall post in the clubhouse the available positions and their responsibilities for the up coming election no later than June 1st.

 

15.2       Nominations shall take place at the July Meeting.  All persons who are nominated and have accepted the nomination shall request a resume Form (see Appendix A) from the office.  The completed form will need to be returned by July 30th.  The Board will then verify that the members are in good standing and post their resumes in the clubhouse for review by the members no later than August 15th.

 

15.3       The Board members whose positions are up for re-election shall not review the Nominee’s files.

 

15.4       The Board of Directors shall appoint an Election Committee at lease 15 days prior to the October Meeting.  This committee shall consist of three (3) members in good standing, and will serve for one election.  These members shall oversee proper election procedures and the election committee shall begin by casting their ballot first.

 

15.5       No member of the Election Committee may be running or have a family member running for any office.

 

15.6       The election shall be by secret ballot.  The election committee shall pass out the ballots at the October meeting.  No voting member may leave the voting area for any reason or his or her ballot will be voided.

 

15.7       The candidate who receives the largest number of votes for any given office shall assume that office.

 

15.8       In the event of a tie vote, there shall be a run-off election between the tying candidates immediately following the general election.  The run-off election shall be by secret ballot.

 

15.9       The President shall appoint a qualified person, to be the installing officer.  The installation of the officers shall occur at the October meeting.

 

15.10    Any vacancies resulting from any resignation shall be filled by offering the position to those individuals from the previous election with the highest vote count in successive order.  If none wish to accept the Board may then choose another interested person.

 

Article XVI   Amendments to the Constitution

Section:

16.1       This Constitution may be altered, amended or replaced and a new Constitution may be adopted by a two-thirds vote of the total number of members in good standing present at any Membership meeting and/or special meeting.

 

16.2       Any member desiring to submit an amendment to a vote of the membership, shall submit a petition with fifty (50) individual signatures of members in good standing, along with the proposed amendment to the Secretary of the Board of Directors at least forty-five (45) days prior to a membership and/or special meeting.  The Secretary, after verifying that the members are in good standing, shall post the amendment thirty (30) days prior to the meeting.  The amendment is to be placed on the agenda and the member proposing said amendment shall have the opportunity to present their proposal to the membership.

 

 Article XVII Severalty

Section:

17.1       If any part, clause, provision and/or condition of this Constitution is held to be void, invalid or inoperative, such shall not affect any other clause, provision and/or condition hereof; the remainder of this Constitution shall be effective as though such clause, provision and/or condition no contained herein.

 

17.2       The Board of directors, by the majority vote, shall have the authority to make and enforce any rule not mention in this Constitution and/or By-laws to insure the safety, protection and well being of Leisure Lake Park and its Members.

 

Article XVIII Dissolution

Section:           

18.1       Upon dissolution of Leisure Lake Membership Association Inc. all of its remaining assets after payment of all costs and expenses of such dissolution shall be distributed to organization which have qualified for exemption under Section 501-C-3 of Internal Revenue Code or to the Federal Government, or to a State or Local Government, for a public purpose and none of the assets shall be distributed to any member, officer and/or Trustee of this organization.

 

                                                                                              

Declaration

Of Covenants,

Restrictions

Leisure Lake Club, Inc.

 

INDEX

The Covenants and Restrictions …………………………………………………….………………….2-9

Declaration of Covenants and Restrictions……………………………… ..……………………2

Article I Definitions ………………………………………………………………………………2

Article II Membership and Voting Rights ………………………………………………………..2

Article III Property Rights ……………………………………………………..…………………3

Article IV Maintenance Assessments …………………………………………….………………4

Article V Campsite Restrictions ………………………………………………………………….5

 

Article VI Conveyances ……………………………………………………………..…………...7

Article VII General Provisions ………………………………………………………...…………8

Article VIII Amendment of Declaration ………………………………………………...……….8

Article IX Annexation ……………………………………………………………………..……..9

 

DECLARATION OF COVENANTS AND RESTRICTIONS

LEISURE LAKE

THIS DECLARATION OF COVENANTS AND RESTRICTIONS, made this 19th day of May, 1980, by Shadyside Corporation, an Ohio corporation, hereinafter referred to as "Declarant".

WITNESSETH:

WHEREAS, Declarant is the owner of certain property in the County of Portage, State of Ohio, which is more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"); and

WHEREAS, Declarant desires to establish easements, restrictions, covenants and conditions for the purpose of protecting the value and desirability of the Property.

NOW THEREFORE, Declarant hereby declares that all of the Property shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions which shall run with the Property and be binding on all parties having any right, title, or interest in the Property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof.

ARTICLE I

Definitions

Section 1. "Association" shall mean and refer to Leisure Lake Club, Inc., a Corporation Not-for-Profit, its successors and assigns.

Section 2. "Development shall mean and refer to the existing Property, and additions thereto, as are subject to this Declaration or any Supplemental or Amended Declaration hereto.

Section 3. "Common Areas" shall mean all real property or improvement on the Property which may be owned by the Association for the common use and enjoyment of the Owners.

Section 4. "Declarant" shall mean and refer to Shadyside Corporation, an Ohio Corporation, its successors and assigns.

Section 5. "Owner" means:

a. Any person including Shadyside Corporation, who holds fee title to any interest in the development.

b. Any person or legal entity who has contracted to purchase fee title to any interest in the development pursuant to a written agreement, in which case Seller, under said agreement, shall cease to be the Owner while said agreement is in effect.

Section 6. "Member" shall refer to all those Owners who are members of the Association.

Section 7. "By-Laws" means the by-laws of the Association.

Section 8. "Phase" shall refer to a portion of the development identified by metes and bounds herein or in any amendment hereto.

Section 9. " Phase I" shall refer to the portion of the development described in Exhibit "B" attached hereto and made a part hereof.

Section 10. "Interest" as to Phase I shall refer to 1/500 undivided fee interest in Phase I of the development excluding common areas. Declarant reserves the right to amend this Declaration to further define "interest" as to any and all Phases of the development.

Section 11. "Board" means the Board of Trustees of the Association.

Section 12. "Improvement" means all buildings, out buildings, streets, roads, driveways, parking areas, fences, retaining and other walls, hedges, poles, antennae, and any other structures of any type or kind.

Section 13. "Declaration" means this Declaration of Covenants and Restrictions for Leisure Lake, as the same may be amended or supplemented from time to time.

Section 14. "Supplemental Declaration" means, in the case of real property beir’g annexed to Leisure Lake, any recorded Supplemental Declaration of Declarant which incorporates the provisions of this Declaration therein by reference.

ARTICLE II

Membership and Voting Rights in the Association

Section 1. Membership. Every person or entity who is an owner of an interest in the development which is subject to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member.

Section 2. Voting Rights. The Association shall have classes of voting membership as contained in the By-Laws from time to time.

In addition to those voting rights granted herein and any provisions herein or in the By-Laws to the contrary notwithstanding. Shadyside Corporation shall have the following rights and powers.

(a) Until such time as Shadyside Corporation has sold, conveyed or otherwise disposed of all the interests in the development, Shadyside Corporation shall retain the right to exercise all voting rights of the members of the Association, to receive on behalf of the members all notices and to exercise and perform all duties and functions of the Association.

(b) Until such time as Shadyside Corporation has sold, conveyed, or otherwise disposed of all interests in the development, the Declaration of Covenants and Restrictions and/or the By-Laws shall not be changed, altered, amended or revoked with regard to the method of selecting the managing agent, the method and procedure of adopting rules and regulations pertaining to the conduct of members and the use of the Common Area and Facilities without the express written approval of Shadyside Corporation first had and obtained.

ARTICLE III

Property Rights

Section 1. Members’ Easements of Enjoyment. Subject to the provisions of Section 3, every Member shall have a right and easement of enjoyment in and to all the Common Areas of the development including roads, recreation areas and parking areas, and such easement shall be appurtenant to and shall pass with the title to every interest in the development. Every owner of an undivided interest in any Phase of the Development wherein campsites are not designated to specific owners shall have the right to use campsites interchangeably as well as the road, recreation areas, parking areas and Common Areas; that is, campsites may be assigned temporarily to such member in a Phase of the Development other than the Phase in which they have a fee interest.

Section 2. Title to Common Areas. The Declarant may retain the legal title to the Common Areas until such time as it has completed improvements thereon and until such time as, in the opinion of the Declarant, the Association is able to maintain the same but notwithstanding any provision herein, the Declarant hereby covenants, for itself, its heirs and assigns that it shall convey the Common Areas to the Association not later than June 1, 1990.

Section 3. Extent of Members’ Easements. The rights and easements of enjoyment created hereby shall be subject to the following:

(a) Both Declarant and the Association reserve the right (a) to enter into arrangement with other campgrounds or organizations whereby Members of the Association will have the right to utilize the facilities of such other organizations; and the members of such other organizations shall reciprocally have rights to use the facilities of Leisure Lake covered hereby and (b) to lease or rent campsites to non-members on a daily, weekly or one-season basis at rates to be established by them.

(b) Every Owner of undivided interests in any Phase of the Development shall have the right to use campsites, roads, recreation areas, parking areas and common areas interchangeably; that is, campsites may be assigned to such members in a Phase of the Development other than the Phase in which they have an ownership interest.

(c) the right of the Declarant and of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Areas and in aid thereof to mortgage said properties. In the event of a default upon any such mortgage the lender’s rights hereunder shall be limited to a right, after taking possession of such properties, to charge admission and other fees as a condition to continued enjoyment by the members and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied whereupon the possession of such properties shall be returned to the Association and all rights of the Members hereunder shall be fully restored; and

(d) the right of the Association to take such steps as are reasonably necessary to protect the above-described properties against foreclosure; and

(e) the right of the Association, as provided in its Articles and By-Laws, to suspend the enjoyment rights of any Member for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; and

(f) the right of the Association to charge reasonable admission and other fees for the use of the Common Areas; and

(g) the right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members.

Section 4. Reservation of Easements. Notwithstanding the title or interest of an owner in any Phase of the development or in the Common Areas, there is reserved to Declarant, in addition to any reservations of Easements of Record, all right title and interest in and to any oil, gas or other minerals in and from the Property including the right to access to the Property and the right to drill and maintain mines or wells on the Property and to remove such oil, has or minerals by pipeline or otherwise. In addition, Declarant, for itself, its successors and assigns, reserves an easement on all of the property of the Development including each and every campsite, with the right of ingress and egress thereon for purposes of installing and maintaining roads, utility lines, gas and water mains and lines, sewer lines, manholes and drainage ditches and appurtenance thereto; together with the right to trim, cut or remove any trees and brush where necessary and the right to locate guy wires, braces and anchors where necessary.

ARTICLE IV

Covenant for Maintenance Assessments

Section 1. Creation of the Lien and Personal Obligations of Assessment. Each owner of any interest, except the Declarant, by acceptance of a deed thereto, or upon the execution of any agreement to purchase the fee title to any interest, whether or not it shall be so expressed in any such deed or agreement, shall be deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided; (3) a one time initiation fee. The annual and special assessments and initiation fee together with interest accrued thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land or interest and shall be a continuing lien upon the interest against which each such assessment is made. Each such assessment and initiation fee together with interest accrued thereon and the cost of collection thereof as hereinafter provided shall also be the personal obligation of the person who was the Owner of such interest at the time when the assessment fell due.

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the owners of interest in the Development and in particular for the improvement and maintenance of properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Areas, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement, and additions thereto, and for the cost of labor, equipment, materials, management, and supervision thereof.

Section 3. Date of Commencement of Annual Assessments. The annual assessments shall commence on the date (which shall be the first day of a month) fixed by the Board of Trustees of the Association to be the date of commencement.

The first annual assessments shall be made for the balance of the calendar year and sall become due and payable on the day fixed for commencement. The assessments for any year, after the first year, shall become due and payable on the first day of May of said year.

Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas, including the necessary fixtures and personal property related

thereto.

The due date of any special assessment under this Section hereof shall be fixed in the resolution authorizing such assessment.

Section 5. Effect of Non-Payment of Assessment; The Personal Obligation of the Owner; The Lien; Remedies of Association. If the assessments are not paid on the date when due, then such assessment shall become delinquent and shall, together with accrued interest thereon and cost of collection thereof as hereinafter provided, become a continuing lien on the interest which shall bind such interest in the hands of then Owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them.

If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of tem (10) percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or to foreclose the lien against the Owner’s interest, and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include accrued interest on the assessment as above provided and reasonable attorney’s fee to be fixed by the court together with the costs of the action.

Section 6. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the interest subject to assessment; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such interest pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such interest from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment.

Section 7. Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charge and lien created herein: (a) all properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use; (b) all Common Areas as defined in Article 1, Section 3 hereof; (c) all properties exempted from taxation by the laws of the State of Ohio, upon the terms and to the extent of such legal exemption; (d) any interest owned by the Declarant until the Declarant has sold all of the interests in the Development.

ARTICLE V

Campsite Restrictions

The following shall be applicable to all interests in Phase I of the Development:

Section 1. Fences. All campsite lines shall be kept free and open and o building, fence, wall or other structure shall be commenced, erected or maintained upon the Development, no shall any exterior addition to, or change or alteration therein be made by anyone except the Association or Declarant.

Section 2. Nuisances. No noxious or offensive activities or nuisances shall be conducted by the interest owners.

Section 3. Signs. No person, except the Declarant or Association, shall erect or maintain any sign or advertisement upon any campsite.

Section 4. Garbage and Refuse Disposal. No Owner shall burn trash, garbage or other like household refuse on any campsite, nor shall any Owner accumulate litter, refuse or garbage, except in receptables provided for such purposes.

Section 5. Removal of Trees. No tree may be removed from any campsite except by the Declarant or the Association.

Section 6. Campsite Use. An Owner may not use the same campsite for more than two (2) consecutive weeks.

Section 7. Motor Vehicles. No motor vehicles of any type shall be operated off the roads within the Development. The only motor vehicles allowed to be operated on the roads within the Development are the private automobiles and trucks of the Owners unless written permission is first obtained from the Association.

Section 8. Limitations on Use. No campsite shall be used by its Owner as his or her residence, nor shall any dwelling be erected thereon. No more than eight (8) individuals may use any campsite at any one time.

Section 9. The term "recreational vehicle" for the purpose of these covenants, shall include tents.

Section 10. The recreational vehicle to be placed on any site must be approved by the Association.

Section 11. No home made vehicles or converted buses, motor-bikes, dirt-bikes, mini-bikes, or similar type vehicles will be permitted within the Development.

Section 12. No more than one tent and one recreational vehicle will be permitted on any campsite.

Section 13. No animals or livestock of any description, except the usual household pets, shall be kept on any campsite. All house-hold pets must be kept on a leash.

Section 14. No stripped down, partially wrecked or junk motor vehicle or sizeable part thereof, and no discarded or abandoned material of any kind shall be permitted to be parked or stored upon any campsite or along any service driveway, street, park area or Common Areas within the Development.

Section 15. No vehicle shall be parked on or along any street or service driveway of Common Areas within the Development except on designated parking areas or lots. No commercial truck shall be parked for storage at any time on any campsite in the Development except during deliveries or servicing.

Section 16. All outdoor clothes poles, clothes lines and similar equipment shall be so placed or screened by shrubbery as not to be visible from any street, service driveway or community property within the Development.

Section 17. All campsites, whether occupied or unoccupied, and any improvements placed thereon shall at all times be maintained in such manner as to prevent their becoming unsightly by reason of unattractive growth on such campsite or the objectionable accumulation of rubbish or debris thereon.

Section 18. No noxious, offensive or illegal activities shall be carried on any campsite nor shall anything be done on any campsite that shall be or become an unreasonable annoyance or nuisance to the neighborhood, nor shall grease, cooking oils or animal fats be poured or spilled onto the ground within the Development.

Section 19. No campsite shall be used for commercial purposes or for any purpose other than camping.

Section 20. Any structures or material on any campsite in the Development which may be destroyed in whole or in part by fire, windstorm, or any other cause or act of God must be rebuilt or all debris removed and the campsite restored to a sightly condition with reasonable promptness; provided, however, that in no event shall such debris remain longer than one week.

Section 21. No trash ashes, garbage or other refuse shall be dumped or stored or accumulated on any campsite. No burning of wood, leaves, trash, garbage or other refuse shall be permitted without a "burning permit" secured from the Association.

Section 22. No open fires shall be permitted of any kind on any campsite except within the confines of a fireplace or approved design, a barbeque pit of approved design, a clear space of ground encircled with large stones and in a approved manner, a metal cooking device of approved design.

Section 23. No camping shall be permitted in any easement area, within the setback areas or in any Common Areas, streets or service driveways without the permission of the Association.

Section 24. No vehicle of any type may be driven or towed in a reckless manner on or along any street or service driveway within the Development. Furthermore, all such vehicles must observe speed restrictions and noise limitations throughout the Development as established or changed from time to time by the Association.

Section 25. No recreational vehicle or other structure on any campsite, shall be placed on the campsite nearer than twenty (20) feet from a street on which the campsite fronts, or nearer than five (5) feet from the sideline and ten (10) feet from the rear property line of the campsite.

Section 26. All household pets which are permitted to enter upon or remain within the Development must be constantly under

The effective control of their owners.

Section 27. No hunting or shooting of firearms is permitted on any campsite or within the Development.

Section 28. All recreational vehicles which are maintained on any campsite must be in good condition and painted and maintained on the exterior.

Section 29. No recreational vehicle placed on a campsite may be leased or rented by its owner without the written consent of the Association.

Declarant reserves the right to amend this Article.

ARTICLE VI

Conveyances

Section 1. Restriction on Transfer. In order to assure a community of congenial residents, and thus protect the value of the interests, and to further the continuous harmonious development of the Development, the sale, sublease, assignment of lease and all successive transfers, sales, leases, subleases or assignments, leases and mortgage of interests shall be subject to the provisions set forth in Section 3, 4 and 5 of this Article.

Section 2. Enforcement. In the event of an attempted conveyance in contravention of the provisions herein contained, the Association shall have the right to enforce these provisions by legal proceedings, by injunctive proceedings, or by any legal means calculated to produce compliance.

Section 3. Provisions.

(a) An Owner, intending to make a bona fide sale, sublease, assignment, mortgage or lease of his interest, or any interest therein, shall give to the Association a written notice of his intention to so transfer or encumber, together with the name and address of the intended purchaser, mortgagee or lessee, and such other information as the Association may reasonably require, and the term of the proposed transaction. The giving of such notice shall constitute a warranty and representation by the interest owner, that said contract is bona fide in all respects.

(b) Within twenty (20) days after the receipt of such notice the Association shall either approve of the transaction or furnish a purchaser or lessee approved by the Association and give notice thereof to the interest owner desiring to sell or lease, such purchaser or lessee to be one who will accept the transaction upon terms as favorable to the seller as the terms stated in the notice, except that a purchaser or lessee furnished by the Association may have not less than thirty (30) days, subsequent to the date of approval, within which to close.

(c) Approval shall be in recordable form signed by an executive officer of the Association, and shall be delivered to the purchaser or lessee and made a part of the conveyance documents.

(d) Failure of the Association to act in twenty (20) days shall be deemed to constitute approval in which event the Association must, in demand, prepare and deliver approval in recordable form.

Section 4. Payment of Assessments. No Owner shall sell or lease, nor shall approval be given until and unless all assessments past due are paid, or their payment provided for, to the satisfaction of the Association.

Section 5. Owner Remains Liable. If an Owner shall lease his interest, he shall remain liable for the performance of all of the agreements and covenants in this Declaration, and shall be liable for all payments required to be made pursuant thereto. No Owner shall lease his interest for a period less than one year.

Section 6. Conveyance Subject to Declaration. Every purchaser, or lessee, who acquires any interest in the Development shall acquire the same subject to this Declaration, the provisions of the By-Laws and Articles of Incorporation of the Association.

Section 7. Successors. If the Owner of an interest should die and the title to his interest shall pass to his surviving spouse or to any member of his family regularly in residence with him in the interest prior to his death, who is over the age of seventeen (17) years, then such successor in title shall fully succeed to the ownership rights, duties and obligations of the Owner, the provisions of this Article of Declaration notwithstanding.

Section 8. Offer to Association. If the title to the interest of such deceased Owner shall pass to any person other than a person or persons designated in Section 7 above, then within sixty (60)

Days of such person or persons taking title, occupancy or possession of the interest of the deceased Owner, he shall advise the Association in writing of his intention of using the interest and of his or their current address. The Association shall have thirty (30) days thereafter to advise said person or persons in writing, delivered or mailed to the said current address, whether or not his or their ownership of the interest is approved. The failure of the Association to give such advise within the said thirty (30) days shall be deemed automatic approval. If the Association does not approve the ownership of the interest by said person or persons and so notified them, said person or persons shall have procured a purchaser at it fair market value, which purchaser may be the Association. Thereupon, the person or persons having title and possession of said interest shall execute such papers and documents as the Association may require to effect the transfer of title, possession and occupancy of the interest, and shall deliver possession and occupancy of the interest to such purchaser.

Section 9. Nothing in this Article shall be deemed to reduce the obligation of any Owner at the time of his death nor the assessment attributable to the interest becoming due after the Owner’s death, all of which shall be fully due and payable as if the Owner had not died.

Section 10. Waiver of Partition. No Owner or other person or entity acquiring any right, title or interest in the Development shall seek or obtain through any legal procedures, judicial partition of the Development or sale of the Development in lieu of partition at any date prior to the expiration of this Declaration. If, however, common or as joint tenants, nothing herein contained shall prohibit a judicial sale of the interest in lieu of partition as between such cotenants or joint tenants.

Section 11. Nothing herein contained shall prevent the sale and transfer of an interest by the Owner thereof in the manner otherwise provided in this Declaration.

ARTICLE VII

General Provisions

Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any land or interest subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date of this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then Owners of two-thirds (2/3) of the interests has been recorded, agreeing to change said covenants and restrictions in whole or in part. Provided, however, that no such agreement to change shall be effective unless made and recorded three (3) years in advance of effective date of such change, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken.

Section 2. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.

Section 3. Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants; and failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

Section 5. Controlling Law. This Declaration shall be construed according to the law of the State of Ohio.

ARTICLE VIII

Method of Amendment of Declaration

This Declaration may be amended at any regular or special

Meeting of the Association, called and convened in accordance with the By-Laws; provided, however, that the Developer shall be members of the Association subject to Article II, Section 2 hereof, provided, however, that the Developer shall have the authority to amend without such meeting those portions reserved to Developer hereunder. In addition, Declarant reserves the right to add by amendment or Supplemental Declaration, permissible uses for the Property, modified restrictions or covenants including limited or restricted uses of Common Areas therein in addition to the provisions of this Declaration. The amendment shall become effective upon recording.

No amendment shall change the rights and privileges of the Declarant without the applicable party’s written approval.

ARTICLE IX

Annexation

A. Property to be Annexed. The declarant may, from time to time and in its sole discretion, annex to the Development any other real property owned by the Declarant which is contiguous or adjacent to or in the immediate vicinity of the Development.

B. Manner of Annexation. The Declarant shall effect such annexation by recording a plat of the real property to the annexed and by recording a Supplemental Declaration which shall:

(1) Describe the real property being annexed and designate the permissible uses thereof;

(2) Set forth any new or modified restrictions or covenants which may be applicable to such

annexed property, including limited or restrictive uses of Common Areas; and

(3) Declare that such annexed property is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the provisions of this Declaration. Upon the recording of such plat and Supplemental Declaration, the annexed area shall become part of the Development, as fully as if such area were part of the Development on the date of recording of this Declaration.


 

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     Last modified: 03/09/2016