Proposed 2015 Covenant Revisions

2015 covenant revision-

The existing Covenant articles on file are written in black

The proposed changes are in BLUE

Covenant Article 12

12. Mail and Paper Boxes; Hedges and Fences; Swimming Pools; Antennae and Solar Panels.

(a) A mailbox and paper holder selected by the HOA will be placed at Lot Owner’s expense.

(b) No hedge or fence shall be placed or planted on any Lot unless its design and placement are approved in writing by HOA or any person or association to whom it may assign the right. In only remote circumstances, such as fencing for a small pet or for swimming pool enclosures, will fencing be considered. Fence height, if approved, may only be 48″ maximum. Fence material to be of wood, wrought iron or possibly vinyl, and landscaped. Only a portion of the rear yard shall be fenced. Rear yard is defined as the rear corners of the home, no fence shall extend forward of that point. Chain link fences will not be approved.

(c) Fences if erected by Developer on the outer perimeter and at the rear of Lots in various parts of the subdivision will become the property of abutting Lot Owner. Fences will be maintained and painted by the Lot Owner.

(d) No aboveground swimming pools shall be erected or placed on any Lot

(e) No CB or Radio antennae shall be erected or placed on any Lot. Any Satellite employed by any communication company shall be of normal and customary construction and placed in the rear of the home or mounted on a pole in the rear of the home; the pole is not to exceed forty-eight (48) inches in height. No equipment shall be erected or placed in the front of the home.

(f) Solar Panels may not be constructed without the expressed written consent by the Board of Directors.

Covenant Article 12 proposed update:

12. Mail and Paper Boxes; Hedges and Fences; Swimming Pools; Antennae and Solar Panels.

(a) A mailbox and paper holder selected by the HOA will be placed at Lot Owner’s expense. The maintenance and upkeep of said mailbox is at the expense of the homeowner. If said homeowner fails to maintain the appearance of the mailbox, the HOA may have the painting or replacement of all/or part of the mailbox preformed by the proper company and the homeowner will be billed for parts and labor.

(b) No hedge or fence shall be placed or planted on any Lot unless its design and placement are approved in writing by HOA or any person or association to whom it may assign the right. In only remote circumstances, such as fencing for a small pet or for swimming pool enclosures, will fencing be considered. Fence height, if approved, may only be 48″ maximum.  Privacy fencing (six feet maximum) may be approved only where entertainment areas of adjoining properties are adjacent to each other and the need for such privacy is established. All fence materials shall be of rot resistant wood (western red cedar or equivalent) preferably with dark stain or black wrought iron type (aluminum preferred) and landscaped. Only a portion of the rear yard shall be fenced. Rear yard is defined as the rear corners of the home, no fence shall extend forward of that point. Chain link fences will not be approved. Electric / invisible fencing (for pet control) shall not extend toward the front or street side property line on any Lot beyond the front or side wall of the residence on any Lot (not including unenclosed porches). Per Metro Animal Control Ordinances: Property enclosed by a buried wire which produces a signal received by a device attached to a collar worn by the dog or puppy which prevents the animal from leaving the property of the owner will be considered a proper enclosure, provided the device and signal are working and the animal does not leave the property unrestrained. Such property must be clearly marked with a sign prescribed by MAS (Metro Animal Services), posted next to the driveway or entry to the property. The enclosure must contain proper shelter from the weather. This type of enclosure is not acceptable for a female in heat, for dangerous dogs, or potentially dangerous dogs.

(c) no change

Covenant Article 12

(d) No change..

(e) no change

f) no change

Covenant Article 14

14. Duty to Maintain Property.

It shall be the duty of each Owner to keep the grass on the Lot properly cut, to keep the Lot free from weeds and trash, and to keep it otherwise neat and attractive in appearance. Should any Owner fail to do so, then HOA may take such action as it deems appropriate, including mowing, in order to make the Lot neat and attractive, and the Owner shall upon demand reimburse HOA or other performing party for the expense incurred in so doing

14. Duty to Maintain Property.

(a) It shall be the duty of each Owner to keep the grass on the Lot properly cut, to keep the Lot free from weeds and trash, and to maintain the landscape, shrubs, plants and trees to an attractive appearance. Should any Owner fail to do so, then HOA may take such action as it deems appropriate, including moving, in order to make the Lot neat and attractive, and the Owner shall upon demand reimburse HOA or other performing party for the expense incurred in so doing.

(b)All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipping paint shall be eliminated from any surface. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. All window treatments which are visible from the street shall be maintained in good condition.

Covenant Article 23

23. Enforcement.

Enforcement of these restrictions, excepting paragraph (21) shall be by proceeding at law or in equity, brought by any Owner of real property in GLENMARY EAST SUBDIVISION, SECTIONS I & II, by the homeowners association referenced in paragraphs (25) and (26), or by local government itself, against any party violating or attempting to violate any covenant or restriction, either to restrain violation, to direct restoration or to recover damages.

23. Enforcement.

Enforcement of these restrictions, excepting paragraph (21) shall be by proceeding at law or in equity, brought by any Owner of real property in GLENMARY EAST SUBDIVISION, SECTIONS I & II, by the homeowners association referenced in paragraphs (25) and (26), or by local government itself, against any party violating or attempting to violate any covenant or restriction, either to restrain violation, to direct restoration or to recover damages. In the event that a Lot-Owner violates the Covenant, Conditions and/or Restrictions of Glenmary East Sections I&II a standard format for fines and fees will be imposed. These fines and fees shall constitute a special assessment against the lot owner for which a maintenance fee lien may be filed and lot owner will be responsible for all legal fees.

Covenant Article 27

27. Sidewalks required by construction plans approved by and on file with the Jefferson County Department of Works will be constructed on each Lot by the Lot Owner before house construction is completed.

27. Sidewalks

Sidewalks required by construction plans approved by and on file with the Jefferson County Department of Works will be constructed on each Lot by the Lot Owner before house construction is completed. The Department of Works does not require a sidewalk on Cul-de-sacs of 20 or less dwelling. Land Development Codes (LDC) chapter 6 part 2.