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January 18, 2005
Blue Ridge Acres - Covenants
Restrictive Covenants for Residents of Blue Ridge Acres
1. No building of a temporary nature or trailer or tent shall be permitted to be erected or placed on the property.
2. No promiscuous cutting of trees shall be permitted, without permission of the subdividers, and then primarily for the purpose of clearing the foundation site for the erection of a dwelling thereon.
3.
No more than one building shall be permitted on any one lot unless zoned otherwise. Garages or carports or car shelters, if built, must be permanently attached to the residence or cabin.
4. No cabin or dwelling shall be built unless it has a minimum floor area of 400 sq. ft. excluding porches or patios; with a frontage of not less than 15 feet.
5. No open fires shall be permitted upon any part of the property. All chimneys must be covered with spark screens.
6. Buildings may be of a contemporary period or modern design and may be constructed of wood, log, stone, brick, block or composition.
7. Wells of water, and septic tanks or chemical toilet for sewage, must be constructed in accordance with State and County health regulations. No outhouses will be permitted on the property.
8. A committee of two, composed of the subdividers and any competent agent appointed by them, shall determine the acceptability of the design of any plan of structure, which must be submitted before erection of any building. Every co-operation and assistance will be given builders in suggesting changes in design where necessary, at no charge.
9. No rifle or revolver shooting shall be permitted within the boundaries of land controlled by Blue Ridge Acres, Inc.
10. Garbage must be kept in covered metal containers, or buried. Trash, tin cans, papers etc., must be kept in wire or metal containers or buried. No building may be erected within 25 feet of any front and within 10 feet of the side, or rear property lines.
11. No sign of any nature what so ever shall be permitted on the property escept one name sign attached to the building and not exceeding 6 inches in height and 36 inches in length.
12. No business of any nature what so ever shall be conducted on the property, except in limited business zones etablished by Blue Ridge Acres, Inc.
13. Said property is sold subject to easements for necessary power, telephone, water lines and roads platted at the time of purchase.
14. No outhouses whall be permitted on any part of the property. All toilet facilities must be completed within the main dwelling erected thereon, prior to the occupancy of the same, and shall comply with the regulations of the State of West Virginia Health Department.
15. No building shall be used for any other than residential purposes (except lots designated by the subdividers as Commercial Lots) and no offensive trade or other activity shall be carried on, on said lot, nor shall anything be done thereon which may constitute or become an annoyance or nuisance.
16. All roads and driveways within the property hereby conveyed are to remain private, to be used by lot owners and their invitees only. Road maintenance costs shall be prorated between property owners serviced, fronting on, or benfited by such roads. By Court order modifying the road maintenance fees whcih is of record in said Clerk's office in Deed Book 562, at Page 430, the restrictive covenants were modified and amended so as to conform to the following road assessment provisions which shall run with the land and shall apply to all roads in said subdivision:
a) Class I Lots (less than 20,000 square feet), unimproved, shall be subject to an assessment of $20.00 per calendar year.
b) Class II Lots (more than 20,000 square feet), unimproved, shall be subject to an assessment of $40.00 per calendar year
c) Class III Lots (regardless of acreage), improved by dwelling, 400 square feet or more, shall be subject to an assessment of $50.00 per calendar year.
Such assessments shall apply to all lots in the subdivision, irrespective of the number of lots owned by any one person.
For the purpose of the road maintenance assessment, no lot shall here in after be enlarged by consolidation with another lot.
The road maintenance assessment may be increased in accordance with the following:
a. The annual assessment amount may be annually increased by an amount not to exceed $20.00 per calendar year.
b. Either the Board of Directors of the Blue Ridge Acres Civic Association, Inc., or any member of the Association, may propose an increase to the membership at its annual membership meeting, at which time, to effect such increase, the affirmative vote of sixty (60) percent of the Association's membership present and voting, whether in person or by proxy, shall be required, and upon such affirmative vote, said increased assessment shall be effective the first day of the Association's ensuing calendar year.
Posted on January 18, 2005
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