Restrictive Covenants for Belmont Subdivision
Any residence erected on any lot shall have a minimum square footage of 1500 square feet heated area. In addition, all residences shall have at least a two-car garage with a minimum enclosed area of 19 feet x 19 feet. Each lot shall be used for residential purposes only and no trade or business of any kind may be carried on therein. The use of a portion of a residence as an office by an owner or his tenant shall not be considered to be a violation of this covenant if such use does not create a nuisance. The use of a residence or a portions thereof for business meetings, entertainment, enjoyment or business of the owner’s employees, trustees, agents, clients or customers shall not be considered to be a violation of this covenant if such does not create regular customer, client or employee traffic or otherwise create a nuisance. No structure shall be erected, altered, placed or permitted to remain on any lot other than single-family dwellings with private car garages and the driveway shall consist of a concrete slab extending from the garage to the street. In addition, the front yard of the residence shall be sodded with grass and an irrigation system shall be installed. Belmont Homeowners. shall designate locations for the mailboxes for each lot in this subdivision and all mailboxes shall be identical and shall be provided by the developer but the owner of each lot shall reimburse the developer for the cost of the mailboxes. No structure shall exceed two floors or two stories in height, not including a basement.
The portion of this rule we may want to change is allowing our residents to enclose their garage for more living space. Also, do we all want the same mailbox, these and other suggestions are what you put in the space below.Once I have them all, I will write the proposed changes here and we will vote on them again.
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No above-ground pool shall be erected, constructed or installed on any lot. In-ground pools must be approved by Belmont Homeowners Association.
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After more than 35% of the lots which contain occupied residences as defined herein have been sold, Belmont Homeowners Association. shall have the authority to call a meeting of resident lot owners for the purpose of creating a homeowner’s association. The homeowner’s association will have the authority to assess pro-rata based on a per lot unit each resident lot owner (or owners) for the cost associated with the maintenance of the sub-division entrance and common areas.
This rule should be shortened to just
The homeowner’s association will have the authority to assess pro-rata based on a per lot unit each resident lot owner (or owners) for the cost associated with the maintenance of the sub-division entrance and common areas.
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In the event Belmont Homeowners Association, its successors or assigns, fail to approve or disapprove plans and specifications or any improvements within ninety (90) days after the same have been submitted to it, or in any event, if no suit or written notice to enjoin the construction has been commenced prior to the completion thereof, approval shall not be required or the related covenant shall be deemed to have been fully complied with.
This would be in effect when we do require BHOA to give approval.
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These covenants are to run with the land and shall be binding on all persons claiming under them for a period of twenty-five (25) years from the date of these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then owners of the lots have been recorded agreeing to change the covenants in whole or in part.
Notwithstanding the above paragraph, providing for the automatic extension of these covenants any time before the expiration of twenty-five (25) years, these covenants can be amended or changed provided the owners of 65% of the lots sign an instrument recordable at the office of Clerks of Court for Kershaw County referring to these restrictions and referring to the amendment of these restrictions pursuant to this power.
Enforcement shall be by proceeding at law or in equity against any person violating or attempting to violate any covenants to restrain violation or to recover damages.
Invalidation of any provision of these covenants by judgment or court order shall in no way affect any of the other provisions and all other provisions shall remain in full force and effect.
These above say that we can make changes and we can enforce them in court.
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Please write any other rules or changes you would like to make in the comment field below.