Proposed amendments for Convenants & Bylaws



LANGUAGE TO AMEND THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR EATON ESTATE COMMUNITY ASSOCIATION. INC.




The Board of Directors for the Eaton Estate Community Association, Inc. proposes that the Declaration of Covenants and Restrictions for Eaton Estate Community Association, Inc. ("Declaration") and the Bylaws of Eaton Estate Community Association, Inc. ("Bylaws"), Sagamore Hills, Ohio, be amended as follows:


AMENDMENT A


INSERT a NEW 2nd PARAGRAPH to DECLARATION ARTICLE V, SECTION 4 entitled,

"Special Assessments for Capital Improvements." Said modification, to be made on Page 8 of the Declaration, as recorded at Summit County Records, OR 1648, Page 951 et seq., is as follows:


The Board may propose and approve of the acquisition or construction of a capital addition (as opposed to maintenance, repair or replacement) to the Common Properties that is less than or equal to 12.5% of the annual Association operating budget without the prior approval of the Owners. Any proposed acquisition or construction of a capital addition to the Common Properties that exceeds 12.5% of the annual Association operating budget must either:


(a) be approved of in advance by 66 2/3% of Owners in attendance in person or by proxy at an Association special meeting at which quorum is present, and called for the purpose of voting to approve of the capital addition expenditure. Notice of the special meeting must include a drawing or depiction, a narrative and estimated cost of the capital addition; or


(b) be included as a separate line item "Capital Addition" in the annual operating budget that is approved by the Owners at the annual meeting. Notice of the annual meeting must include a drawing or depiction, a narrative and estimated cost of the capital addition.


Any conflict between these provisions and any other provisions of the Declaration and Bylaws will be interpreted in favor of this amendment establishing the capital additions limit as a percentage of the estimated budget and clarifying the applicability of the limit.


The invalidity of any part of the above provision does not impair or affect in any manner the validity or enforceability of the remainder of the provision. Upon the recording of this amendment, only Owners of record at the time of such filing have standing to contest the validity of this amendment, whether on procedural, substantive, or any other grounds, provided further that any such challenge must be brought in the court of common pleas within one year of the recording of this amendment.

AMENDMENT B


MODIFY DECLARATION ARTICLE VII, SECTION 10. Said modification, to be made on Page 11 of the Declaration, as recorded at Summit County Records, OR 1648, Page 951 et seq., is as follows (deleted language is crossed-out):


Section 10 - No discharge of guns, ammunition or explosives will be permitted. No fishing, hunting, trapping, or poisoning of wildlife is permitted, except for rodent control, or except upon prior written approval of the Board of Directors of the Association.


MODIFY DECLARATION ARTICLE VII, SECTION 12. Said modification, to be made on Page 11 of the Declaration, as recorded at Summit County Records, OR 1648, Page 951 et seq., is as follows (deleted language is crossed-out; new language is underlined):


Section 12 · Boating, swimming, fishing, wading or any use requiring entry into the retention basins is prohibited. Dumping of refuse or any other form of pollution into the retention basins or surrounding areas is also prohibited. Catch and release fishing is permitted in retention basins, at the Owner's own risk. but subject to any regulations, restrictions, or prohibitions as established by the Association's Board of Directors.


Any conflict between this provision and any other provisions of the Declaration and Bylaws will be interpreted in favor of this amendment permitting catch and release fishing in retention basins at the Owner's risk.


The invalidity of any part of the above provision does not impair or affect in any manner the validity or enforceability of the remainder of the provision. Upon the recording of this amendment, only Owners of record at the time of such filing have standing to contest the validity of this amendment, whether on procedm·al, substantive, or any other grounds, provided further that any such challenge must be brought in the court of common pleas within one year of the recording of this amendment.


AMENDMENT C


DELETE DECLARATION ARTICLE VII, SECTION 16 in its entirety. Said deletion to be taken from Page 12 of the Declaration, as recorded at Summit County Records, OR 1648, Page 951 et seq.


INSERT a new DECLARATION ARTICLE VII, SECTION 16. Said new addition, to be added to Page 12 of the Declaration, as recorded at Summit County Records, OR 1648, Page 951 et seq., is as follows:


Section 16 - Sheds or utility buildings may be erected, altered, placed or permitted to remain on any Lot provided that the proposed location and specifications for any such shed or utility building are approved by the Board or Architectural Review Committee and the Owner must obtain any permits required by the Township prior to its construction. Any such approved shed or utility building must comply with the Association's architectural guidelines as established by the Board.


The Board will adopt architectural guidelines for sheds and utility buildings and will consider applications for approval, as soon as practicable following the date this Amendment is recorded with the Summit County Fiscal Office. No applications for approval of sheds or utility buildings will be accepted and no approval will be granted prior to December 31, 2019.


Any conflict between the above provision and any other provisions of the Declaration and Bylaws will be interpreted in favor of this modification of the architectural restrictions for sheds and utility buildings. The invalidity of any part of the above provision does not impair or affect in any manner the validity or enforceability of the remainder of the provision. Upon the recording of this amendment, only Owners of record at the time of such filing have standing to contest the validity of this amendment, whether on procedural, substantive, or any other grounds, provided further that any such challenge shall be brought in the court of common pleas within one year of the recording of this amendment.


AMENDMENT D


DELETE DECLARATION ARTICLE VII, SECTION 9 in its entirety. Said deletion to be taken from Page 11 of the Declaration, as recorded at Summit County Records, OR 1648, Page 951 et seq.


INSERT a new DECLARATION ARTICLE VII, SECTION 9. Said new addition, to be added to Page 11 of the Declaration, as recorded at Summit County Records, OR 1648, Page 951 et seq., is as follows:


Section 9 - Vehicles operated exclusively for personal use must be parked in garages or driveways only. Any vehicle parked in a driveway cannot block pedestrian access to sidewalks that abut the driveway apron.


No other automobile, truck, boat, recreational vehicle, trailer, airplane or vehicle of any other kind, licensed or unlicensed, may be stored on any street, driveway, or driveway apron, or in or upon the Common Properties, except in the confines of garages, or parking areas approved by the Board of Directors.


Only machinery customarily required for the maintenance of residences and conventional home and hobby machinery may be placed or operated on a Lot. This permitted machinery must be stored out of sight of adjoining residences, unless such machinery is necessary for use m construction, reconstruction or repair of any building or structure.


Any conflict between the above provision and any other provisions of the Declaration and Bylaws will be interpreted in favor of these parking restrictions. The invalidity of any part of the above provision does not impair or affect in any manner the validity or enforceability of the remainder of the provision.


Upon the recording of this amendment, only Owners of record at the time of such filing have standing to contest the validity of this amendment, whether on procedural, substantive, or any other grounds, provided further that any such challenge shall be brought in the court of common pleas within one year of the recording of this amendment.


AMENDMENT E


DELETE DECLARATION ARTICLE VII, SECTION 1 in its entirety. Said deletion to be taken from Page 10 of the Declaration, as recorded at Summit County Records, OR 1648, Page 951 et seq.


INSERT a new DECLARATION ARTICLE VII, SECTION 1. Said new addition, to be added to Page 10 of the Declaration, as recorded at Summit County Records, OR 1648, Page 951 et seq., is as follows:


Section 1 Except as provided in Section 14 below, as amended, no external or outside antenna of any kind will be permitted on the exterior of any Living Unit or Lot.


DELETE DECLARATION ARTICLE VII, SECTION 14 in its entirety. Said deletion to be taken from Page 14 of the Declaration, as recorded at Summit County Records, OR 1648, Page 951 et seq.


INSERT a new DECLARATION ARTICLE VII, SECTION 14. Said new addition, to be added to Page 14 of the Declaration, as recorded at Summit County Records, OR 1648, Page 951 et seq., and as amended at OR 1857, Page 177 et seq., is as follows:


Section 14 - Antennas expressly permitted by federal regulations, as may be amended from time to time, including without limitation, satellite dishes one meter (approximately 39 inches) or less in diameter and an exterior television antenna, may be installed, in strict compliance with the federal rules and reasonable rules, if any, established by the Directors, on the roof or exterior wall of any Living Unit or placed or maintained in or above the ground of any Lot without the prior written approval of the Directors.


No other exterior antenna or external reception, transmission, or communication device will be permitted on the roof or exterior wall of any Living Unit or placed or maintained in or above the ground of any Lot without the prior written approval of the Directors.


Subject to applicable easements and recorded rights, no facilities, including poles and wires, for the transmission of electricity, audio or video communications, such as, without limitation, cellular towers, except as again expressly permitted by the federal rules and regulations, will be permitted on the roof or exterior wall of any Living Unit or be placed or maintained above the surface of the ground on any Lot by any individual Owner.

Any conflict between this provision and any other provisions of the Declaration and Bylaws will be interpreted in favor of this amendment regarding the restriction of exterior installations of communication antenna devices and towers. The invalidity of any part of the above provision does not impair or affect in any manner the validity or enforceability of the remainder of the provision. Upon the recording of this amendment, only Owners of record at the time of such filing have standing to contest the validity of this amendment, whether on procedural, substantive, or any other grounds, provided further that any such challenge must be brought in the court of common pleas within one year of the recording of this amendment.


AMENDMENT F


DELETE DECLARATION ARTICLE III, SECTION 2 entitled, "Voting Rights," in its entirety. Said deletion to be taken from Page 4 of the Declaration, as recorded at Summit County Records, OR 1648, Page 951 et seq.


INSERT a new DECLARATION ARTICLE III, SECTION 2 entitled, "Voting Rights." Said new addition, to be added to Page 4 of the Declaration, as recorded at Summit County Records, OR 1648, Page 951 et seq., is as follows:


Section 2. -Voting Rights.


(a) Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot is entitled to one vote. In no event will more than one vote be cast for any one Lot.


(b) When a Lot is owned by more than one person, they are entitled to cast one vote. The vote may not be divided.


(c) When a Lot is owned or held in the name of a corporation, partnership, or limited liability company, the entity will submit a signed certificate to the Board of Directors, identifying one person authorized to cast a vote for the Lot. The signed certificate will be kept as part of the Association's records and is conclusive until a subsequent substitute certificate is submitted to the Board.


The vote of a corporation, partnership, or limited liability company that fails to submit a certificate of authorization will not be considered neither will the presence of the Owner of the Lot at a meeting be considered in the establishment of quorum. Fiduciaries and minors who are Owners of record of a Lot may vote their respective interests as an Owner when any fiduciary or legal representative of the Owner has provided, to the satisfaction of the Board, proof of their authority.


MODIFY DECLARATION ARTICLE IV, SECTION 1 entitled, "Members' Easement of Enjoyment." Said modification, to be made on Page 5 of the Declaration, as recorded at Summit County Records, OR 1648, Page 951 et seq., is as follows (deleted language is crossed-out):


Section 1 - Members' Easement of Enjoyment. Subject to the provisions of Section 3 of this Article IV, every record Owner of a Lot Class ..\ Class B and Class C Member or, instead of said Member, his tenant or lessee thereof who is in residence upon said Member's lot shall have for themselves himself, and their his immediate household and guests, as permitted by the Rules and Regulations, a right and easement of enjoyment in and to the Common Properties, and such easement will shall be appurtenant to and will shall pass with the title to every Lot. Subject to the provisions of Section 3 of this. Article IV, every Class E Member shall have a right and casement of enjoyment in and to only that part of-the Common Properties used for entrance landscaping and retention basins and the storm water drainage system.


Any conflict between these provisions and any other provisions of the Declaration and Bylaws are to be interpreted in favor of this amendment removing the obsolete voting membership Classes and clarifies each Owner is entitled to one vote per Lot and to an Easement of Enjoyment over that Lot. The invalidity of any part of the above provision does not impair or affect in any manner the validity or enforceability of the remainder of the provision. Upon the recording of this amendment, only Owners of record at the time of such filing have standing to contest the validity of the amendment, whether on procedural, substantive, or any other grounds, provided further that any such challenge must be brought in the court of common pleas within one year of the recording of the amendment.


AMENDMENT G


INSERT a NEW SUBPARAGRAPH (i) to BYLAWS ARTICLE III, SECTION 12 entitled,

"Powers." Said modification, to be made on Page 4 of the Bylaws, as recorded at Summit County Records, Instrument No. 55756258, is as follows:


(i) grant easements, leases, licenses, and concessions through or over the Common Elements.


(i) Prior to granting an easement to a third party through and over the Association's Common Elements, the Board will hold a special meeting of Owners whose property may be affected ("affected Owners") by the easement, for the purpose of discussing the proposed easement.


(a) The Board in its sole discretion will determine who is an "affected Owner," but such determination will include, but not be limited to, all contiguous and adjacent Property Owners to the proposed easement.

(b) Association will send to the affected Owners written notice of the date, time, location and purpose of the special Owners' meeting by regular U.S. mail no less than 14 days in advance of the meeting date.


(c) Written notice of the special Owners meeting will include a depiction or a detailed narrative description of the easement, if applicable as determined by the Board.

(ii) A special Owners meeting is not required to be held prior to the Board granting an easement to a political subdivision.


Any conflict between this provision and any other provisions of the Declaration and Bylaws will be interpreted in favor of this amendment regarding the granting of easements. The invalidity of any part of the above provision does not impair or affect in any manner the validity or enforceability of the remainder of the provision.


Upon the recording of this amendment, only Owners of record at the time of such filing have standing to contest the validity of this amendment, whether on procedural, substantive, or any other grounds, provided further that any such challenge must be brought within one year of the recording of this amendment.


AMENDMENT H


INSERT a DECLARATION ARTICLE VIII, SECTION 9 entitled, "Community

Standards." Said modification, to be made on Page 14 of the Declaration, as recorded at Summit County Records, OR 1648, Page 951 et seq., is as follows:


Section 9- Community Standards.


(a) Covenant of Good Maintenance. At their expense, Owners will keep and maintain their Lots and Living Units, all appurtenances and structures (including sidewalks and driveway aprons) thereto and on a Lot in a manner that reflects the community standard of safety, cleanliness, good repair, neatness and attractiveness from neighboring site lines and from the street and includes without limitation:


(b) Owner's Breach of Covenant of Good Maintenance.


(1) Association will notify an Owner in writing of any reasonable need for maintenance or repair, or of the Owner's failure to comply with the Covenant of Good Maintenance as stated above. Within 30 days of the date of written notice:


(a) Owner will request a hearing to object to the alleged reasonable need or failure to comply, or

(b) Owner will complete or diligently proceed toward completing the maintenance or repair, as determined by the Board.


(2) If an Owner fails to comply with Section (b)(l)(a) or


(b) above, Association has the right to undertake or perform maintenance or repair on behalf of the Owner upon written notice to the Owner.


(3) If the lack of maintenance or repair results from or is related to an emergency situation, is necessary to address a situation that presents a clear and imminent danger to the health and safety of the community, or is an ongoing or reoccurring situation previously adjudicated under Section (1) above, the Association may perform the maintenance or repair on behalf of the Owner without providing· the Owner with prior written notice.


(4) The Association will provide a written statement or invoice to the Owner for any expense the Association incurs that is related to the maintenance, repair or any act it undertakes related to Section 9(b), including legal fees and costs. Owner will reimburse the Association for all expenses on the invoice within 30 days from the invoice date.


All expenses that are not paid or reimbursed by the Owner as required above, will be deemed to be levied as an assessment against the Owner or Lot.


Any conflict between this provision and any other provisions of the Declaration and Bylaws will be interpreted in favor of this amendment clarifying the Community Standards.


The invalidity of any part of the above provision does not impair or affect in any manner the validity or enforceability of the remainder of the provision. Upon the recording of this amendment, only Owners of record at the time of such filing have standing to contest the validity of this amendment, whether on procedural, substantive, or any other grounds, provided further that any such challenge must be brought in the court of common pleas within one year of the recording of this amendment.

ABOUT US

The Eaton Estate Community is located in Sagamore Hills, OH. It is a recreational community with more than 1,100 homes.

Property Managed by:  Aries Management

ADDRESS

Eaton Estate Community HOA
8413 Eaton Drive
Sagamore Hills, OH 44067

Contact Us: info@eatonestate.net

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