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 beirg 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 lenders 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 Owners
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
attorneys 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 Owners 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 partys 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.
