Glen Oaks Homeowners Association

Neighborhood | Declarations of Covenants, Conditions, and Restrictions

SUPPLEMENTARY
DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS

GLEN OAKS SUBDIVISION, SECTION 11 A

PLAT AND SUBDIVISION BOOK P6 PAGE 25
OLDHAM COUNTY, KENTUCKY

This Supplementary Declaration of Covenants, Conditions and Restrictions for Glen Oaks Subdivision, Section 11A is made as of December 18, 2001, by OLYMPIA HOMES, LLC, a Kentucky limited liability company, Suite 100, 303 North Hurstbourne Parkway, Louisville, Kentucky 40222 ("Developer").

WHEREAS, Developer is the owner of certain real property in Oldham County, Kentucky, which is to be developed as a residential subdivision;

NOW, THEREFORE, Developer hereby declares that all of the property described in this Declaration, and such additional property as may be hereafter made subject to this Declaration, shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of the real property.

The easements, restrictions, covenants and conditions shall run with the real property and be binding on all parties having any right, title or interest in it, their heirs, successors and assigns, and shall inure to the benefit of each owner.

Existing Property. The real property which is subject to this Declaration is located in Oldham County, Kentucky, and is more particularly described as follows:

BEING Lots 5OO through 544 inclusive, as shown on the plat of Glen Oaks
Subdivision, Section 11 A. of record in Plat and Subdivision Book P6, Page
25, in the office of the Clerk of Oldham County, Kentucky.

BEING a part of the property acquired by Developer by Deed dated July 10.
2001. of record in Deed Book 682, Page 568, in the office of the Clerk of
Oldham County, Kentucky.

Definitions. The following terms as used in this Declaration shall have the following meanings:

(a) "Declaration" shall mean any declaration of covenants, conditions and restrictions as amended from time to time affecting any portion of Glen Oaks Subdivision, Section 11A.

(b) "Master Developer" shall mean GO Developers. LLC, it successors and assigns, which shall include but not be limited to any person, corporation, association or other entity to

(d) "Lot Owner" shall mean the owner or owners of any Lot in Glen Oaks
Subdivision, Section 11 A.

Additions to Existing Property. Additional lands may become subject to this
Declaration in any of the following manners:

(a) Additions in Accordance with a General Plan of Development. Developer intends to make this section a part of a larger community known as Glen Oaks Subdivision ("Glen Oaks Subdivision"), and Master Developer joins herein and consents to the addition of Section 11A to and as a part of the Glen Oaks Subdivision and to the provisions of this Declaration.

Developer reserves the right to create cross easements and to restrict all of the properties according to terms similar to the terms of this Declaration. The common area, if any, initially covered by this Declaration shall inure lo the benefit of the owners of any new lots within Glen Oaks Subdivision, and the common areas in any previously existing or future sections of Glen Oaks

Subdivision, regardless of whether developed by Developer, Master Developer or otherwise, shall inure to the benefit of the owners of Lots in this Section 11A, to the extent expressly set forth in this or subsequent declarations, each to enjoy the common areas of the others and to have and to hold such common areas as if each new Lot had been developed and subjected to this Declaration simultaneously.

All additions shall be made by filing in the office of the Clerk of the county where the additional property is located, a supplementary, separate, or amended Declaration of Covenants, Conditions and Restrictions with respect to the additional property which shall extend the scheme of the covenants, conditions, restrictions and covenants of this Declarations to such property. The supplementary, separate or amended Declaration may contain additions to, modifications of and differences from the covenants, conditions, restrictions and covenants contained in this Declaration as may be appropriate to reflect the different character, if any, of the added properties.

(b) Other Additions. Additional residential property and common area that are not presently a part of the general plan of development of Glen Oaks Subdivision may be annexed to Glen Oaks Subdivision by Developer.

(1) Primary Use Restrictions.

No Lot shall be used except for private single family residential purposes. No structure shall be erected, placed, altered or permitted to remain on any Lot except one single family designed for the occupancy of one family (including a domestic servant living on the premises), not to exceed two and one-half stories in height and having a single kitchen.

2) Approval of Construction, Landscape and Elevation Plans.

No buildings, fence, wail, structure, or other improvement shall be erected, placed or altered on any Lot until the construction plans, specifications and a plot plan showing the grade elevation (including rear, front and side elevations) and location of the structure, building, fence, wall or improvement, the type "of exterior materials and the driveway (which shall be asphalt, exposed aggregate, or concrete or brick), and such other data as the Master Developer may request shall have been approved in writing by Master Developer or by any person or association to which Master Developer may assign the right. Master Developer may vary the established building lines, in its sole discretion, where not in conflict with applicable zoning regulations.

In addition to the plans referred to in the previous paragraph, a landscape plan and a plan showing the finish grade of the Lot shall be submitted to Master Developer or any person or association to which Master Developer may assign the right, which shall be approved in writing prior to the beginning of any construction on the Lot.

Garage and driveway locations will be considered for approval in writing by Master Developer after consideration is given for the proper development of a particular Lot, such as the slope of the land, protection of existing trees, amount of buffer area between houses, and the location of other garages and driveways on nearby Lots.

(3) General Contractors.

Prior to the commencement of construction on any Lot the builder or general contractor constructing such structure shall be approved in writing by Master Developer or any person or association to which Master Developer may assign the right. Master Developer makes this requirement to maintain high quality of construction within Glen Oaks Subdivision. Master Developer's approval of any builder or general contractor on one Lot in the Glen Oaks Subdivision is not in any way to be deemed approval to build on any other Lot. Any approval by Master Developer of any builder or general contractor shall in no manner whatsoever serve as a guarantee, warranty or representation of the quality of workmanship by the approved builder or general contractor, nor of the ability of the builder or general contractor to fully perform the work.

(4) Building Materials.

The exterior building material of all structures shall he brick, stone, brick veneer, or stone veneer, or a combination of same. and shall extend to the ground level. Developer recognizes that the appearance of other exterior building materials (such as wood siding, stucco and drivet, cedar, vinyl and the like) may be attractive and innovative, and reserves the right to approve in writing the use of other exterior building materials.

(5) Setbacks, Minimum 7' Total 25'

No structure shall be located on any Lot nearer to the front Lot line or the side street Lot line than the minimum building setback lines shown on the recorded plat of Glen Oaks, Section 11 A. No structure shall be located on any Lot nearer to the rear Lot line than 25 feet except for comer Lots. unless otherwise approved in writing by Master Developer. Side yard set backs shall total eighteen (18) feet for both" side yards with a minimum of six (6) feet on either side. The minimum building setback lines shown on the recorded plat shall be followed except bay windows and steps may project into yard areas up to eighteen (18) inches, and open porches may project into the front yard area not more than six (6) feet.

(6) Minimum Floor Areas.

(a) The ground floor area of a one story house shall be a minimum of 1,800
square feet, exclusive of the garage.

(b) The ground floor area of a one and one-half story house shall be a minimum of 1,100 square feet, exclusive of the garage.

(c) The total floor area of a two-story or larger house shall be a minimum of
2,400 square feet, exclusive of the garage.

(d) Basement are required where possible, any exception must have Developer's written approval. Finished and unfinished basement areas, garages, decks and open porches shall not be included in computing floor areas.

(e) Garages; Carports. The opening or doors for vehicular entrances to any garage located on a Lot shall not face any Lot line adjoining a street unless otherwise approved in writing by Developer. All Lots shall have at least a two-car garage unless otherwise approved in writing by Developer. No detached garages are allowed unless otherwise approved in writing by Developer. Garages, as structures, are subject to prior plan approval.

No carport shall be constructed on any Lot in Glen Oaks Subdivision, Section 11 A

(7) Nuisances.

No noxious or offensive activity shall be conducted on any l.ot, nor shall anything be done which may be or become an annoyance or nuisance to the neighborhood.

(8) Use of Other Structures and Vehicles

(a) No structure of a permanent character shall be permitted on any Lot, except temporary tool sheds or Held offices used by a builder or Developer, which shall be removed when construction or development is completed, it being provided however that nothing herein contained shall prevent any Lot Owner from constructing, erecting or maintaining any recreational structure (such as a gazebo, small playhouse, swing set, jungle gym or the like) on any Lot provided that plans for such shall have been approved in writing by Developer or any person or association to which Developer may assign such right prior to the construction of any such recreational structure.

(b) No outbuilding, trailer, basement, tent. shack, garage, bam or structure other than the main residence erected on a Lot shall at any time be used as a residence, either temporarily or permanently.

boat shall be parked or kept on any Lot at any time unless housed in a garage or basement. No automobile that is inoperable shall be parked on any street in the subdivision for a period in excess of twenty-four (24) hours in any one calendar year.

(d) No automobile shall be habitually or continuously parked on any street or right-of-way in Glen Oaks Subdivision.

(9) Animals.

No animals, including reptiles, livestock or poultry of any kind, shall be raised, bred or kept on any Lot, except that dogs, 'cats or other household pets (meaning the domestic pets traditionally recognized as household pets in this geographic area) may be kept, providing they are not kept, bred or maintained for any commercial purposes. All household pets, including dogs and cats, shall at all times be confined to the Lot occupied by the owner of such pet or shall be restrained by a leash at all times when any such pet is not confined to the pet owner's Lot.

(10) Landscaping.

Within 60 days after the completion of construction of a residence, the Lot Owner shall grade and sod the front yards and that portion of the side yards back to the beginning of the rear yard. All finished grade landscaping must be in accordance with construction plans approved by the Oldham County Department of Works, if required.

(11) Tree Requirement.

Upon the construction of a residence, the Lot Owner shall cause to be planted two trees each with a minimum diameter of three (3) inches, when planted in the front yard. An exception is if existing trees (at least 3" in diameter) are growing in the front yard. Upon a Lot Owner's failure to comply with this paragraph or paragraph (10), Developer or any person or association to which Developer may assign the right may take action necessary to bring about compliance, and the Owner on demand shall reimburse Developer or other performing party for the expense incurred in so doing.

(12) Mail and Paper Boxes Hedges and Fences; Swimming Pools; Antennae.

(a) A mailbox and paper holder selected by Developer will be placed on the Lot or right-of-way adjacent thereto at the Lot Owner's expense.

(b) No hedge, fence or wall shall be placed or planted on any Lot unless its design and placement of planting are approved in writing by Developer or any person or association to which Developer may assign the right. Fencing for children, small pets or for swimming pool enclosures, may be considered. Fence material shall be of wood, masonry or possibly wrought iron, and shall be landscaped. Only a portion of the rear yard and in some circumstances a portion of the side yard if approved in writing by Developer shall be fenced. Chain link fences will not be approved.

subdivision or to replace existing wire or wood fences. Fences placed will be the responsibility of the adjacent Lot Owners for maintenance and repairs, and shall be kept in good condition and repair by such adjacent Lot Owners. Should any Lot Owner fail to do so, then Developer, or any person or association to which it may assign the right, may take such action as it deems appropriate to restore any such fence to good repair and condition, and the Lot Owner shall upon demand reimburse Developer or other performing party for all expenses incurred in so doing.

(d) No aboveground swimming pools shall be placed or erected on any Lot from the date hereof unless the design, placement and screening are approved in writing by Developer, which approval shall be within the sole and absolute discretion of Developer and which may be arbitrarily and unreasonably withheld.

(e) No antenna (except for a standard small television antennae) or microwave or other receivers and transmitters (including those currently called "satellite dishes") shall be erected or placed on any Lot unless the design, placement and screening thereof are approved in writing by Developer, which approval shall be within the sole and absolute discretion of Developer and which may be arbitrarily and unreasonably withheld. Subject to approving the design, placement and screening. Developer intends to approve only receivers with a diameter of less than 24 inches.

(13) Clothes Lines.

No outside clotheslines shall be erected or placed on any Lot.

(14) Duty to Maintain Lot.

ft shall be the duty of each Lot 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 Lot Owner fail to do so, then Developer, or any person or association to which it may assign the right, may take such action as it deems appropriate, including mowing, in order to make such Lot neat and attractive, and the Lot Owner shall upon demand reimburse Developer or other performing party for all expenses incurred in so doing.

(15) Business; Home Occupations.

No trade or business of any kind (and no practice of medicine, dentistry, chiropody, osteopathy and other like endeavors) shall be conducted on any Lot nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. Notwithstanding this provision hereof or of paragraph (I) hereof, a new house may be used by a builder thereof as a model home for display or for the builder's own office, provided said use terminates within one (1) year from completion of the house.

(16) Signs.

No sign for advertising or for any other purpose shall be displayed on any Lot or on a building or a structure on any Lot, except one sign for advertising the sale or rent thereof, which sign shall not be greater in area than nine (9) square feet; except Developer shall have the right (i) to erect larger signs when advertising the subdivision. This restriction shall not prohibit placement of occupant name signs, street numbers and Lot numbers as allowed by applicable zoning regulations.

(17) Drainage, Erosion and Sediment Control.

(a) It shall be the responsibility of each Lot Owner to prevent mud, dirt, silt, gravel or other debris from washing, draining or being otherwise deposited upon or in any street, creek, stream, lake, pond, swale, other lots or common areas, or otherwise from [.of Owner's Lot upon any other property in Glen Oaks Subdivision. This requirement is in keeping with the Federal Clean Water Act which has been adopted in Kentucky.

(b) Developer shall provide each Lot Owner with a detailed drainage plan indicating direction of drainage for each Lot and Lot Owner shall conform any construction on any Lot to such drainage plan. It shall be the responsibility of each Lot Owner to ensure that the grading of the Lot Owner's Lot shall comply with the drainage plan. If drainage is blocked or altered the Lot Owner shall correct (he problem and the Lot Owner shall be responsible for any costs or expenses to correct the problem. It shall be the responsibility of each Lot Owner to prevent mud, dirt, silt, gravel or other debris from washing, draininy or being otherwise deposited upon any street in Glen Oaks Subdivision.

(18) Underground Utility Service.

(a) Each Lot Owner's electric utility service lines shall be underground at locations designated by Louisville Gas & Electric (LG&E) throughout the length of service from LG&E's point of delivery to customer's building, and title to the service lines shall remain in and the cost of installation or maintenance thereof shall be borne individually by the respective Lot Owner upon whose Lot the service line is located.

Appropriate easements are hereby dedicated and reserved to each Lot Owner, together with the rights of ingress and egress over abutting Lots or properties to install, operate and maintain electric service lines to LG&E's termination points. Electric service lines, as installed, shall determine the exact location of the easements.

The electric and telephone easements shown on the plat shall be maintained and preserved in their present condition and no encroachment therein and no change in the grade or elevation thereof shall be made by any person or owner without the express written consent of LG&E, South Central Bell Telephone Company and any cable television company with easement rights, and their respective successors and assigns.

(b) Easements for overhead electric transmission and distribution feeder lines, poles and equipment appropriate in connection therewith are reserved over, across and under all spaces (including park, open and drainage space area) outlined by appropriate lines on the plat and designated for underground and overhead facilities. Above ground electric transformers and pedestals may be installed at appropriate locations in electric easements. In consideration of LG&E bringing service to the property shown on plat of Glen Oaks Subdivision, Section 11A, it is granted the right to make further extensions of its lines from all overhead and underground distribution lines.

LG&E, as shown on a recorded plat of Glen Oaks Subdivision. Section 11 A, shall include easements for the installation, operation and maintenance of cable television service to the owners, including the overhead and/or underground installation and service of coaxial cables, cable drop wires, converters, home terminal units and other necessary or appropriate equipment, as well as easements for the installation, operation and maintenance of future communication, telecommunication and energy transmission mediums.

(19) Disposal of Trash.

No Lot shall be used or maintained as a dumping ground of rubbish, trash or garbage. Trash, garbage or other waste shall not he kept except in sanitary containers, [f trash is placed on a Lot, Owner must remove it within thirty (30) days. The sanitary disposal company responsible for the collection of trash and garbage in Glen Oaks Subdivision, Section 11A shall be selected by Developer (ur any person or association to which it assigns the right) and no other company shall be used without the express written approval of Developer (or any person or association to which it assigns the right).

(20) Drains.

No storm water drains, roof downspouts or ground water shall be introduced into the sanitary sewer system. Plumbing connections on each Lot shall be made with watertight joints in accordance with all applicable plumbing code requirements.

(21) Obligation to Construct or Reconvey.

(a) Right to Repurchase. Within twenty-four (24) months of the conveyance of a Lot without a dwelling thereon, if the Lot Owner has not begun in good faith the construction of a single family dwelling approved according to paragraph

(2), upon each Lot conveyed. Developer may elect to repurchase any and all Lots on which construction has not commenced for the original purchase price in the deed of said Lot or Lots hereunder, in which event the Lot Owner shall immediately reconvey and deliver possession of said Lot or Lots to Developer by deed of special warranty, subject to no easements, restriction, stipulations, liens, encumbrances or other matters other than those which existed at the time and on the date of recording the deed of the Lot to Buyer. The obligations, duties and requirements of this paragraph (21) shall run to and benefit Developer only, may be waived or extended by Developer, and shall not pass to or extend to the Homeowners Association.

(b) Duty to Repair and Rebuild. Each Lot Owner shall, at the Lot Owner's sole cost and expense, maintain and repair his or her residence, keeping it in condition comparable to the condition of such residence at the time of its initial construction, excepting only normal wear and tear. If all or any portion of a residence is damaged or destroyed by fire, or other casualty, then the Lot Owner shall, with all due diligence, promptly rebuild, repair or reconstruct such residence in a manner which will substantially restore it to its apparent condition immediately prior to the casualty.

(22) Restrictions Run With Land.

Unless canceled, altered or amended under the provisions of this paragraph, these covenants and restrictions are to run with the land and shall be binding on alt parties claiming under them for a period of thirty (30) years from the date this document is recorded, after which time they shall be extended automatically for successive periods often (10) years. These restrictions may be canceled, altered or amended at any time by the affirmative action of 75% of those person entitled to vote pursuant to the Articles of Incorporation of the Homeowners Association (as hereinafter defined). Failure of the Homeowners Association, any Lot Owner or Developer to demand or insist upon observance of any of these restrictions or covenants, or to proceed for restraint of violations, shall not be deemed a waiver of a violation, or the right to seek enforcement of this Declaration at another time.

(23) Enforcement.

Enforcement of these restrictions, excepting paragraph (21), shall be by proceeding at law or in equity, brought by the Homeowners Association, any Lot Owner or by Developer against any party violating or attempting to violate any covenant or restriction, either to restrain violation, to direct restoration and/or to recover damages.

(24) Invalidation.

Invalidation of any one of these covenants and restrictions by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect.

(25) Fees for Subdivision Fund; Lien.

Effective with the occupancy of a house on any Lot, the homeowner will automatically be a Class A member of the Glen Oaks Homeowners Association, Inc. (the "Homeowners Association"). Every Lot Owner, except Developer, shall pay (a) a one-time fee of $500.00 (the "Initial Assessment") at the closing of the purchase of a Lot from Developer, and (b) an annual fee on February I of each year. Which amount is initially $350.00 (the "Annual Assessment"), and which Annual Assessment shall initially be collected on a pro rata basis at the closing of the sale of a Lot from Developer. Until the HOA Transition Date, the Developer shall establish the amount of the Annual Assessments, and from and after the HOA Transition Date (as hereinafter defined), the Homeowners Association shall thereafter establish the amount of the Annual Assessment from time to time. The initial amount of the Annual Assessment established hereby shall automatically be charged annually until the Homeowners Association (or Developer, as applicable) gives notice of an increase or decrease. The Annual Assessment shall be paid within thirty (30) days of written notice, and shall thereafter be considered delinquent. Notwithstanding the foregoing, until 90% of the Lots in this Section 11A of Glen Oaks Subdivision have been conveyed to third parties by Developer, or at such earlier lime as Developer may elect in its discretion (such date being hereinafter referred to as the "HOA Transition Date"), each Lot Owner shall pay the Initial Assessment and the Annual Assessment (collectively, the "Assessments") to Developer (or to a homeowners association incorporated by Developer) instead of to the Homeowners Association, and Developer shall have the obligation to maintain common areas within this Section 11A of Glen Oaks Subdivision for so long as Developer elects to receive such fees. Upon the 110A Transition Date. (a) the Lot Owners shall thereafter pay any applicable Initial Assessments, and continuing Annual Assessments, to the Homeowners Association, and the Homeowners Association shall maintain and administer the common areas of this Section 1 I A of Glen Oaks Subdivision as it does the other areas of other sections of Glen Oaks Subdivision, and (b) Developer will pay to the Homeowners Association the amount, if any, collected from Lot owners and not expended on maintenance and administration of the common areas of this Section 11 A of Glen Oaks Subdivision. The Assessments may only be used for purposes generally benefiting the common areas of Glen Oaks Subdivision or the Homeowners Association.

All Assessments shall constitute ii lien upon the lot and improvements, but shall be subordinate to the lien of any bona fide first mortgage or vendor's lien and shall be enforceable against the real estate by foreclosure or otherwise. A notice of lien or lis pendens as notice of nonpayment of an assessment may be recorded but failure to record shall not invalidate or extinguish the lien.

(26) Homeowners Association.

The Homeowners Association has been incorporated as a non-stock, non-profit corporation under the laws of the Commonwealth of Kentucky.. and its Articles of Incorporation and Bylaws establish a Board of Directors and officers of the Homeowners Association, and the duties for which they are responsible.

(27) Sidewalks required by construction plans approved by and on File with the Oldham County Planning Commission will be constructed on each l.ot by the Lot Owner before house construction is completed.

(28) Developer reserves the right to utilize any Lot as a possible future passageway (road) to adjacent property.

(29) Glen Oaks Country Club - No Interest.

The Glen Oaks Country Club and golf course which abuts some of the Lots in Glen Oaks Subdivision is a private golf course and country club. with separate, private and limited membership. and does not constitute an amenity or recreational facility of Glen Oaks Subdivision. and will not be conveyed to or otherwise used in common by or be subject to any right of enjoyment in favor of owners of Lots in Glen Oaks Subdivision. No owner of a Lot in Glen Oaks

Subdivision or any other person or entity shall obtain or be entitled to any membership or other right, title or interest, or right of enjoyment or use. in or to Glen Oaks Country Club or its facilities. Including without limitation the Glen Oaks Country Club golf course. By virtue of ownership of any lot in Glen Oaks Subdivision, membership in the Homeowners Association, or residence in Glen Oaks Subdivision.

(30) Glen Oaks golf Course Hazards; Disclaimer of Liability and Assumption of risk. All owners of lots in Glen Oaks Subdivision. and all other residents of the Subdivision. are hereby advised, and by acceptance of 1.1 deed for a lot, and/or by residence in the Subdivision. LIS applicable, hereby acknowledge and agree that the Glen Oaks Country Club golf course, and its attendant facilities, are situated adjacent to and among Glen Oaks Subdivision, and that each owner of a lot or other person or entity is aware of, accepts and assumes the risk arid hazards of the golf course and of residence within the community bordering and/or containing a golf course, and hereby releases from all such risks and hazards Developer. And any owner or manager of (the golf course. and entities related to or affiliated with any of the foregoing, and all of the respective successors, assigns, officers, partners, employees, agents and contractors of all of the foregoing (collectively- the "Released Parties"). These risks and hazards Include, by way of illustration and not limitation, the possibility of personal injury and/or property damage occasioned by stray or errant golf balls and/or trespass upon lot by a golfer, and/or the presence of persons or properly in too near a vicinity to the irrigation system for the golf course. In no event, however, shall the provision or this paragraph he construed to relieve rollers from liability under Kentucky law for damage caused by or resulting from errant golf balls and/or trespass without right. Further. All such persons and entities constituting the Released Parties shall have no responsibility or liability to any Lot Owner or resident of Glen Oaks Subdivision for any claims or liability based upon or related to (1) the design, layout or construction of the Glen Oaks Subdivision. (2) the rights, privileges, activities and/or acts contemplated by the provisions of the errant ball easement provided for below or other golf related easements reserved on any plat of any section of the Subdivision or in any other Declaration, or (3) the activities and/or acts of any golfers or other persons present on or using the Glen Oaks Country Club golf course or other facilities.

(31) Glen Oaks Golf Course; Easement for Errant Golf Balls. Every Lot is hereby burdened with a perpetual easement in gross in favor of Developer, and any owner or manager of the golf course, and all entities related to or affiliated with any of the foregoing, and all of the respective successors and assigns of the foregoing, and the members, guests and other invitees of the Glen Oaks Country Club. and for the benefit of the land constituting the Glen Oaks Country

Club golf course, permitting the flight of golf balls over, and permitting golf balls to come unintentionally upon. such Lots from the Glen Oaks Country Club golf course and related golf facilities, and for golfers, at reasonable limes and in a reasonable manner, to come upon the exterior portions of a lot. to retrieve, but not to play. errant golf balls; provided, however, if any Lot is fenced or walled in accordance with the provisions of this Declaration, such golfer must seek the Lot Owner's permission, which shall not be unreasonably withheld, delayed or conditioned, before entry upon such fenced or walled portion of the Lot. in order to be availed of the rights and privileges under the errant golf ball easement established pursuant to this paragraph. Entry upon a Lot pursuant to this paragraph shall not be deemed a trespass. In no event, however, shall the provisions of this paragraph he construed to relieve golfers from liability under Kentucky law for property damage or physical injury caused by or resulting from errant golf balls.

(32) Silt Fence Requirement. All Owners of lots bordering, or hacking up to the adjacent Glen Oaks Golf Course, shall, during the construction period for clearing and/or building of any structure on the Lot place and maintain in good repair and condition a fabric sill fence with a minimum height of IS inches and a minimum burial of 6 inches underground along the perimeter of the Lot contiguous to the golf course, removed only when the lot is seeded and grass has been established. The purpose is to keep silt from contaminating the golf course. No dumping of dirt, trees, wood or any material will be permitted on the golf course land. No paper debris shall he allowed to blow from a lot to golf course land. Removal or clean up of the above-referenced items shall be at the Owner's expense.

(33) Fence Maintained by lot Owner. Any fences if erected by Developer on the outer perimeter and at the rear of Lots in various parts of the Subdivision will become the properly of abutting lot Owner. Fences will be maintained and painted by the lot Owner.

(34) Maintenance of Open Space and Signature Walls.

The Homeowners Association will maintain the open space and signature walls. which are an integral part of the subdivision community and development.

(35) Maintenance of Recreation Space.

Any common area and recreation space shall he maintained by the Homeowners Association. except as specifically set forth in section (25).

(36) Additional Developer Rights.

So long as Master Developer owns any Lots in this or any future or planned section of Glen Oaks Subdivision. Master Developer shall have the unfettered right to maintain and carry on upon portions of the Common Area such activities as. in the sole opinion of Master Developer, may be reasonably required, convenient or incidental to the construction, development, improvement and marketing of Glen Oaks Subdivision, including without limitation business offices. signs and sales offices, and Master Developer shall have an easement for access to such facilities. No provision of this Declaration shall be construed to prevent or limit Master Developer's rights to complete the development, construction, promotion, marketing and sale of Lots developed in Glen Oaks Subdivision, including future sections of Glen Oaks Subdivision. So long as Master Developer owns any Lot in this or future sections of Glen Oaks Subdivision, neither the Homeowners Association nor the Iot Owners shall lake any action to amend this Declaration, or the Bylaws, the Articles of Incorporation, or the Rules and Regulations of the Homeowners Association to limit or restrict Master Developer from completing the development of Glen Oaks Subdivision. Master Developer, its successors and assigns. shall have the specific right to hold and/or sponsor home shows, such as Homearama. or other sales oriented events in Glen Oaks Subdivision and to restrict temporarily portions of the common area from general use for the duration of such shows or events, including temporarily closing or restricting the use of streets and roads within Glen Oaks Subdivision.

End of Document
This document is for informational purposes only. Original copies of this document may be obtained from the association or appropriate county court houses.

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