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UVILLA ESTATES HOMEOWNERS
ASSOCIATION
Shenandoah Junction, West Virginia 25442-9538
Covenants
1. John H. Kilroy and Linda L. Kilroy or their successors and assigns shall be referred to as the "developer". A "Lot Owners Association" shall be established as of July 1, 1987 or after the sale of five (5) lots, whichever later occurs.
2. All lot owners in the subdivision, by acceptance of a deed for a lot in this subdivision, agree for themselves, their heirs and assigns to become members of the Lot Owners Association, once established.
3. All lot owners agree to pay an annual road maintenance fee or assessment, in an amount to be established by the developer/Lot Owners Association, this sum to be used exclusively for the maintenance of roads and the removal of snow therefrom. The amount of this annual payment may be increased from time to time by the developer/Lot Owners Association if the cost of maintenance and snow removal increases, but only proportionately with the increased cost.
4. The road maintenance fee is fixed initially at $150.00 per lot per year. Payments are due on or before May 1st of each year and shall be paid to the developer/Lot Owners Association. If lot purchases are made during the year, the amount of payments can be prorated. The developer/Lot Owners Association shall receive the fees and administer the maintenance and snow removal fund.
5. The annual fee or assessment shall be a continuing lien on lots and run with the land. In the event of the non-payment of fees, the lot owners for themselves, their heirs, and assigns, agree that the developer/Lot Owners Association or its agents shall have the right to bring the necessary Civil Action in a Court of Law to require the payment of these fees.
6. All lots shall be kept in a clean, neat, and mowed condition at all times, including time before a residence is constructed on the lot.
7. When any dwelling is constructed on any lot, the owner shall cause all of that portion of the lot not improved by the dwelling, other building, or driveway to be seeded and suitably planted with grass, trees, or shrubbery.
8. Lots shall be used for single family residential purposes only, and no business, apartment house, or enterprise for profit of any kind shall be maintained on any lot. However, this shall not be deemed to prohibit the rental to one family of a residence located on any lot.
9. No lot shall at any time be subdivided.
10. Internal combustion recreational vehicle operation, such as "go-carts", "three-wheelers", ATV's, etc., even within lots, is prohibited, except licensed RV use on interior roadways is permitted for the purpose of ingress and egress to and from Route 230.
11. No lumber, metals, bulk materials, refuse or trash shall be kept, stored, or allowed to accumulate on any lot. All trash or other refuse must be kept in covered containers. Trash containers may be placed in the open on any day that a pick-up is to be made.
12. No building of a temporary nature, trailer, mobile home, or tents, except children's tents, shall be permitted to be placed on any lot, and no camping shall be permitted.
13. No unlicensed vehicles and no construction or similar equipment shall be allowed to remain on any lot, except as housed within a closed structure. This shall not apply to construction equipment necessary for and used during construction of a building.
14. Motor vehicles shall not be parked on the streets within the subdivision.
15. Within each lot all utilities, including cable TV wires, shall be installed underground at the expense of the owner of the lot.
16. Permanent access to lots shall be limited to the one entrance as designated on the plat of the subdivision. Temporary construction entrances of any kind are prohibited.
17. Lot owners shall be responsible for the repairs of subdivision road damage caused by building contractors they employ, and if such repairs are not accomplished by the lot owner, the developer/Lot Owners Association may have the repairs performed and shall have a cause of action against the lot owner for the cost of such repairs.
18. No sign, billboards, or advertising devices of any kind, except those used in any subsequent sale of the property, shall be placed or otherwise installed on any lot or building within the subdivision, except that the developer may use signs to promote the sale of improved or unimproved lots within the subdivision.
19. No animal, livestock or poultry 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. No animal shall be allowed to roam freely within the subdivision.
20. Final grading of the grounds during and after building shall be done in a way so as not to create a water flow problem for adjoining or other lots or property.
21. Stockade fences shall be prohibited except around the immediate swimming pool area for privacy.
22. Any building constructed on a lot shall be completed within one year of the beginning of such construction.
23. All toilet facilities shall be within dwellings and installed in accordance with current State and County Health regulations.
24. No structure may be placed nearer than seventy-five (75) feet from any front or twenty-five (25) feet from any side or rear boundary line. Also, where a lot fronts on two roads, both frontages shall be deemed front boundary lines for set back purposes.
25. No dwelling or other structures, including swimming pools, shall be erected or changed until the exact plans and specifications of the same have been submitted to and approved in writing by the developer/Lot Owners Association or their agents.
26. It shall not be a violation of these restrictions for the owner of two adjacent lots to erect a dwelling or outbuilding closer to the common boundary line between those lots than the set back restrictions allow, but if this is done, the two lots thereafter shall be deemed one lot and shall not be used for more than one residence. Further, the utility easement reserved along the common boundary line between the two lots shall be deemed released after the above described construction.
27. All houses must be completed on the exterior before being occupied.
28. No more than one outbuilding and one garage shall be permitted per lot, and the garage roof design shall conform to that of the house. None of the foregoing shall be built prior to or used as the dwelling.
29. Each residence of single-story design shall contain not less than 1750 square feet of floor area. Each residence of more than single-story construction shall contain not less than 2000 square feet of floor area. Split foyer designs shall be considered one-story with only the upper level being used to compute floor area. In split level designs the two above ground sections shall contain not less than 2000 square feet of floor area. Porches, patios, carports, garages, and basements shall not be considered in computing area for the purpose of this restriction.
30. No swimming pools other than totally in-ground shall be permitted.
31. Only a post office facility provided by the developer for the entire subdivision shall be used for mail delivery.
32. Lot 16 is exempt from covenants 18 and 28. Lot 16 shall also be exempt from covenant 8 except that no retail or wholesale sale of goods, manufacturing or additional dwelling units shall be permitted.
33. Severability is reserved so that abrogation or court decree affecting any of these covenants leaves the others unaffected and operational.