Beechwood Lakes HOA

Restrictive Covenants --------------------------------------------------- NORTH CAROLINA AMENDED RESTRICTIVE COVENANTS HENDERSON COUNTY OF BEECHWOOD LAKES SUBDIVISION THIS AMENDMENT to the Declaration of Limitations, Restrictions and Uses is made and entered into this the 8th day of March 1999 by all of the undersigned owners of lots in the Beechwood Lakes Subdivision. WITNESSETH: WHEREAS, Beechwood Lakes Subdivision is shown on plats which are recorded in the office of the Register of Deeds of Henderson County in Plat Book 9, at Pages 82, 83, 84, 86, 87, 93, 94, and 95; and, WHEREAS, the original restrictive covenants of Beechwood Lakes Subdivision were recorded in Deed Book 507, at Page 205, of the Henderson County Registry; and, WHEREAS, said restrictive covenants recited that they may be amended or altered by the written consent of a simple majority of all of the lot owners; and, WHEREAS, the undersigned represent the owners of more than a simple majority of all of the lot owners. NOW, THEREFORE, the undersigned do hereby amend and alter the restrictive covenants recorded in Deed Book 507, at Page 205, of the Henderson County Registry, by revoking those restrictive covenants of Beechwood Lakes Subdivision recorded in Deed Book 507, at Page 205, and any amendments thereof, of the Henderson Country Registry, in their entirety and in lieu thereof the following shall constitute the restrictive covenants of Beechwood Lakes Subdivision as shown on plats recorded in Plat Book 9, at Pages 82, 83, 84, 86, 87, 93, 94, and 95, all of the Henderson County Registry. 1. All lots in Beechwood Lakes Subdivision shall be used solely for residential purposes. No lot shall be divided without express permission of the Board of Directors of the Beechwood Lakes Property Owners Association, INC. (a non-profit corporation). 2. No building shall be erected, altered, placed or permitted to remain on any lot other than a single-family dwelling and necessary garages or utility buildings when consistent with the construction of the main dwelling. The livable, finished and heated floor area of one-story residences shall not be less than 1000 square feet. Two-story and split level residences shall not be less than 1000 square feet on the first level and the total of both levels must be at least 1250 square feet. Garages shall not be less than 360 square feet. Unfinished basements, attic space, or other storage space, garages, porches or any area not enclosed by the main structure shall not be considered residential floor space for purposes of this provision. 3. Plans for all structures including the exterior remodels, including elevations and specifications, shall be submitted to the Beechwood Lakes Property Owners Association, Inc. for approval before construction is commenced. Once approved, no major changes in the plans or specifications may be made without the prior approval of the Beechwood Lakes Property Owners Association, Inc. The Beechwood Lakes Property Owners Association, Inc. may refuse to approve plans upon any grounds including purely aesthetic grounds. 4. All outside construction work and grading and clean up of unused material shall be completed within a period of one (1) year from the date of the start of any construction. 5. No trailer, mobile home, travel trailer, tent, shack, garage or other outbuilding shall be used on any lot as a residence, either temporary or permanently. Basements may be used for residential purposes only after upper levels of the residence have been completed and occupied. No structures of a temporary character shall be used on any lot as a residence either temporarily or permanently. No vehicle or recreational equipment shall be parked or stored outside unless it is in drivable condition and regularly used. 6. The building line of all residences, garages, and/or any other structure of any kind whatsoever shall be set back at least sixty (60) feet from the center line of any street on which the building fronts and at least fifteen (15) feet from any other lot line. In the event any property owner owns more than one lot, the the lot lines, for the purpose of these restrictions, shall be the outside perimeter of the entire contiguous tract owned by said owner. 7. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose. 8. No noxious or offensive activity shall be carried on upon any lot of a nature as my diminish or destroy the enjoyment of any other properties in the neighborhood by the owners thereof, nor shall anything be done thereon which may become an annoyance, nuisance or unsightly condition to the neighborhood. 9. No unsanitary condition prejudicial to the public health shall be permitted. All sewage shall be disposed of by septic tanks, approved by the State Board of Health, until such times as public sewage system may be put into effect. No liquid wastes of any description shall be drained, dumped, or disposed of in any way in open ditches or watercourses. Trash, garbage or other wastes shall be kept in sanitary containers and removed from view or stored a the side or in the back of the dwelling until disposed of property. No lot, or any portion thereof, shall be used or maintained as a dumping ground for rubbish. 10. Fuel tanks or similar storage receptacles may be placed in the side or back yard and if not concealed shall be enclosed and made aesthetically pleasing. Fuel tanks or similar storage receptacles may not be placed in the front yard of the dwelling. 11. A portion of the real property in the subdivision is owned by the Beechwood Lakes Property Owners Association, Inc. and is set aside for a beach and access point to the lakes. Such areas are for the exclusive use of lot owners and their guests and are not be be used by the general public. Guest unaccompanied by a lot owner must be in possession of a guest pass. 12. No internal combustion motors are to be used on either lake. Electric motors are allowed on either lake. No boats are allowed on either lake which are more than 17 feet in length. 13. Owners of lake front lots may build docks only after construction of a permanent residence. No dock may extend more than thirty (30) feet into the lake and the plans for any such dock must be submitted to the Beechwood Lakes Property Owners Association, Inc. for approval prior to construction. 14. No trees measuring six (6) inches or more in diameter at ground level may be cut or removed without the written approval of Beechwood Lakes Property Owners Association, Inc. unless located within ten (10) feet of the main dwelling or with the right of way of driveways, walkways, and septic systems. Possible exceptions are for the removal of diseased trees or trees that present a danger to life or property, and any other unusual circumstances. 15. All roads within the Beechwood Lakes Subdivision are private with the exception of the State maintained Beechwood Lakes Drive from Burge Mountain Road to the east edge of Gosling Drive. It is not the responsibility of the Association to maintain the private road system 16. All driveways requiring drainage shall have culverts at the intersection of all streets and shall be installed to the specifications of the North Carolina Department of Transportation and to the grade of the drainage ditch. Each property owner shall be responsible for maintaining drainage systems in a functional condition. It shall be the responsibility of the property owner to prevent runoff of water, and, or any other substance onto other lots or roads at all times. 17. No sign of any kind shall be displayed to the public view on any lot or right of way except one professional sign on the premises of not more than four (4) square feet advertising the property for sale or for rent, or signs used by a builder on the premises to advertise the property during the construction and sale period. Not withstanding anything to the contrary, signs identifying the residents name, street number, or the name of the house are specifically allowed if they are not more that four (4) square feet. 18. No fence, wall, hedge, or shrub planting shall be allowed which obstructs line of sight at any intersection thereby creating a hazardous condition for vehicle or pedestrian traffic. 19. These restrictive covenants are to run with the land, to take effect immediately upon recordation in the Henderson County Registry, and shall be binding upon all parties and all persons claiming under them from the date these covenants are recorded. For a period of thirty years, after which time said covenants shall be automatically extended for successive periods of ten (10) year each, unless an instrument signed by majority of the then lot owners of the lots in the subdivision is recorded agreeing to change said covenants in full or in part. These covenants may be amended at any time provided said amendments are agreed to any adopted by a majority vote of the lot owners – the owner or owners of each lot to be entitled to one vote per lot. If any owner shall violate or attempt to violate any of the limitations, reservations, restrictions, covenants or uses to which these lots may be put, then it shall be lawful for any present and future lot owners of any lot or lots withing the Beechwood Lakes Subdivision to institute and prosecute any proceedings at law or equity against any person or persons violating or threatening to violate the forgoing restrictions, uses, and limitations. It shall also be lawful for the Beechwood Lakes Property Owners Association, Inc. to institute and prosecute any proceedings at law or in equity against any person or persons violating or threatening to violate the foregoing restrictions. 20. Invalidation of any one of these covenants, by judgment or court order shall not affect the validity of any of the other provisions herein set out which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned have caused these presents to the signed and sealed the day and year first above written. The original of this document, with notarized signatures, is recorded at the Henderson County Court House in Book 981, pages 182 through 208.

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