NOTE:
The document below was scanned as editable text from copy obtained
from the Monongalia County Clerk. It should be used for information
purposes only, as it is not a true copy the original document and errors
resulted from the scanning process.
The original legally recorded document may be obtained at the
Monongalia County Clerk’s office in Book 1033 beginning at Page 67.
DECLARATION OF AMENDMENT
OF
COVENANTS AND RESTRICTIONS OF PARADISE LAKE SUBDIVISION
This Declaration of Amendment made this 29th day of July, 1991,
PARADISE LAKE, INC., a West Virginia corporation; PARADISE LAKE
PROPERTY OWNERS ASSOCIATION, INC., a West Virginia corporation;
CRISTOPHER A. BARNUM, single, STEPHEN A. BARNUM and SHAUNA L. BARNUM,
husband and wife, and CHARLES P. SHERRY; PAUL A. BIERER; STANLEY
CHAEL HAYHURST; LAYTON O. WHITMAN II and DEBORAH J. WHITMAN, husband
& wife; CHARLES R. NORTON and JUNE D. NORTON, husband and wife; MARY
TAYLOR; COMMUNITY BANK AND TRUST, N.A., CLARENCE D. WANDEL and
~NIE J. WANDEL, husband and wife; CARROLL H. HARMAN; REGINA SPIROFF
FAGAN; FRANKLIN H. LYONS III; GENE C. NEELY and WILDA JO NEELY,
husband and wife; BLACKSVILLE COMMUNITY VOLUNTEER FIRE COMPANY; ROBERT
BERRY and GERALDINE D. BERRY, husband and wife; RICHARD A.
INENSHEIN; TERRI E. BOLYARD and WANDA A. HARTLEY; JOHN SAKACSI and
DEBORAH L. SAKACSI, husband and wife; DANIEL LEE BIAFORE and PATRICIA
BIAFORE, husband and wife; CHARLES M. SPONSLER, JR.; JEFFREY ALAN
PAYNE and VALERIE PAYNE, husband and wife; JOEL E. COTTER and
ANNETTE COTTER, husband and wife; ROBERT A. SCHATZ; J. P. LINKOUS; JOSEPH
MESSINGER and JUDITH A. MESSINGER, husband and wife; J. MICHEtLE
VER WARCHOLA and JOHN WARCHOLA, JR., husband and wife; MARY I.
LEMLEY and HERBERT D. LEMLEY, husband and wife; ALFRED C. REED and
DOROTHY E. REED, husband and wife; WILLIAM J. THOMAS and MARY R.
THOMAS, husband and wife; BRENT PAULEY, Executor of the Estate of Mary
cey; DAVID I. DEEM and CYNTHIA S. BEACH; VIRGINIA H. VALENTINE;
:SA KOPNSKI; HARRY E. RICE and INA E. RICE, husband and wife;
AS MICHAEL HUGHES; WILLIAM J. JONES and CYNTHIA L. JONES, husband
wife; SAGHER-AHMAD KAHN and QAISER JABEEN KAHN, husband and wife;
, B. WILLIAMS and NORMA MAY WILLIAMS, husband and wife; MARY
ABETH BOND; ROBERT G. JOHNS, JR.; BARBARA A. McMURR8Y; MARK E.
HOSE; EDWARD P. WEISS and COLLEEN W. TATE, husband and wife; SUPERIOR
HYDRAULICS, INC., a West Virginia corporation; CECIL F. CASTEEL and
L H. CASTEEL, husband and wife; JACK o. POLING; FREDRICK B. JACO,
and KATHY JACO, husband and wife; JOE KURCABA; LAWRENCE W. VISKI
SUZANNE VISKI, husband and wife; MARK A. SULLIVAN and TOY
SULLIVAN, husband and wife; JORDAN C. PAPPAS and STELLA PAPPAS,
husband and wife; MARILYNN CLAIRE McLAUGHLIN; RONALD CURTIS THORN and
KAREN LEE THORN, husband and wife; ROBERT L. SHUMAN; TERRY A. BARILL
MARY BETH BARILL, husband and wife; DOUGLAS J. PINN and CYNTHIA L.
PINN , husband and wife; FORREST L. ARMENTROUT; LLOYD W. WELDEN and
ORIE WELDEN, husband and wife; JOSEPH R. MURPHY; CHRISTOPHER ALAN
BRADFORD W. McCUSKEY; JOHN H. FRANCIS and JANET G. FRANCIS,
husband and wife; DARBY G. HAND; HERBERT J. MURRAY, JR. and MARJORIE
MURRAY, husband and wife; JAY T. WALTERS and PAULA R. WALTERS,
husband and wife; KEVIN M. ODERMAN and CHRISTINE ELLEN ODERMAN,
husband and wife;, GERRY L. SHAY; FRANK V. SANSALONE; EDDIS I. MOORE;
PHILIP A. GANGO and MARY AGNES GANGO, husband and wife; RALPH J.
~S; DONALD J. SOLE and DELLA SOLE, husband and wife; BARBARA A.
~DIMARTE; ROBERT B. PRICE; RONALD C. BELCHER and DONNA R. BELCHER,
husband and wife; HAROLD D. JOHNS; JAMES P. JENKINS and MARY E.
JENKINS, husband and wife; ASHLAND PRESBYTERIAN CHURCH, Cockeysville,
Maryland; WILLIAM R. BOYLE and D. JOANNE BOYLE, husband and wife;
FRANCIS N. DAWSON and PENNY L. DAWSON, husband and wife; ROBERT
MICHAEL DIGMAN and SALLY H. DIGMAN, husband and wife; ROBERT J. TROZZI
and KIMBERLY A. TROZZI, husband and wife, hereinafter collectively
referred to as "Owners."
WHEREAS, the above parties are all of the owners of lots located
in Paradise Lake Subdivision, Clinton District, Monongalia County,
West Virginia, and
WHEREAS, the original Covenants and Restrictions pertaining to
lots located in Paradise Lake Subdivision have been in effect for
thirty (30) years from the 1st day of August, 1961, and
WHEREAS, said Covenants and Restrictions provide that the
original Covenants and Restrictions shall be automatically extended
for successive periods of ten years unless an instrument signed by the
majority of the then owners of the lots has been recorded agreeing to
change said original covenants in whole or in part, and
WHEREAS, the By-Laws of the Paradise Lake Property Owners
Association specify that each lot shall carry one vote so that if an
individua1, family, or corporation owns more than one lot, they shall
be entitled to one vote per lot: and
WHEREAS, the specific lots owned by the above parties are set
forth nest to the signature of that party thereby constituting the
number of votes case by that party in favor of this Declaration of
Amendment; and
WHEREAS, the Owners of a majority of the lots now desire to amend
the original Covenants and Restrictions in accordance with said
provision and in accordance with West virginia Code §36B-1-206.
NOW, THEREFORE, WITNESSETH: That the Owners hereby agree to
amend the Covenants and Restrictions of Paradise Lake Subdivision,
which Amended Covenants. and Restrictions shall take effect on August
1, 1991 and which are fully set forth as follows:
1. .No building shall be erected on any lot, any portion of which
shall be within thirty (30) feet of the front or rear lines of said lot
or within fifteen (15) feet of the side line of any adjoining lot
owner. For the purpose of this restriction, eaves, steps, balconies,
open porches, and docks shall not be considered as part of the
construction. All of the above setbacks are subject to waiver and/or
modification upon approval of the Building Control Committee.
2. No single-family dwelling shall be erected on any lot, the ground
floor of which would contain less than six hundred (600) square feet and no building shall be erected, placed or altered on any lot until the construction plans, specifications and a plot plan showing the location of the structure have been approved by the Building Control committee as to the quality of workmanship, materials, harmony of external design with existing structures and as to location with respect to topography and finished grade elevation. The approval or disapproval of said plans must be made in writing within a period of thirty (30) days from the date submitted.
3. No building shall be erected on any lot except a single-family dwelling house and private garage. Any garage erected on any lot must conform generally in appearance and material to said dwelling on said lot. The building and/or lot or any part thereof shall be used for private residential purposes only. A single-family private dwelling shall not be allowed, permitted, constructed or erected on a part lot.
4. No shacks, tents, trailers, mobile homes, trailer camps or any unsightly building or buildings shall be built, constructed or maintained, placed or permitted on a lot or any part thereof for temporary or permanent residential purposes.
5. All lots must be kept clean, free of underbrush, and free of debris. Any lot with buildings thereon shall be kept in a sanitary condition; all garbage and refuse shall be immediately taken or carried away; dumping of garbage or refuse on other lands or in the lake is prohibited.
6. Private single-family dwelling houses must have complete sanitary plumbing with toilet facilities and all sewage or waste water must be disposed of in compliance with all applicable Health Department regulations.
7. No poultry, cattle or other livestock whatsoever shall be kept upon the lots or in any building thereon and not more than two domestic house pets may be kept or maintained thereon.
8. Owners of lots fronting on the lake shall not construct or permit to be constructed boat docks, swimming piers or floats without first submitting the plans to the Building Control Committee. The approval
or disapproval of said plans must be made in writing within a period of fifteen (15) days from the date submitted
9. No gasoline or similar type of liquid fuel operated motor boats shall be permitted on the lake, it being the intention of this restriction to prohibit the use of any type of motor driven boats that will create a disturbing noise.
10. No lot shall be used except for single-family residential purposes and shall not be used or occupied as a club, profit or non- profit, except those expressly reserved by Paradise Lake, Inc. for business or commercial purposes.
11. The lots or any building thereon erected or any part thereof shall not be used for any unlawful purposes.
12. Any building erected on any lot shall be maintained in good condition and painted and kept repaired as needed, and the exterior woodwork painted at least every five (5) years.
13. Any uncontrolled or unattended fires are absolutely prohibited on any lot or lots or part thereof.
14. No refuse, brush, hay, straw or other foreign matter shall be placed or dumped into the lake.
15. Paradise Lake, Inc., a corporation, reserves the right to construct, if it deems necessary or proper, an interceptor sewer line along the front ten (10) feet of the lots fronting on
the lake.
16. Paradise Lake Property Owners Association, Inc. and Paradise Lake, Inc., their successors and assigns, shall not be responsible or liable for any injuries to persons or property resulting from the use of the water, beaches or lands of Paradise Lake Property Owners Association, Inc. and/or Paradise Lake, Inc. by the lot owners, their family, guests, friends, visitors, heirs and assigns.
17. No lot shall be rented by the owners thereof for transient purposes, which shall be defined as a rental for any period less than six (6) months; otherwise, lot owners shall have the absolute right to lease same provided that said lease is made subject to the covenants and restrictions contained in this Declaration, and further subject to all -regulations adopted by the Paradise Lake Property Owners Association, Inc.
18. Every property owner of Paradise Lake Subdivision, by reason of such ownership, shall automatically be a member of the Paradise Lake Property Owners Association, Inc. and shall be subject to the rules, covenants and restrictions and the by-laws of the Association, and further subject to assessment by the Association.
19. Each owner shall be deemed to covenant and agree to pay to the Paradise Lake Property Owners Association, Inc.: (a) annual assessments and (b) special assessments to be fixed, established and collected from time to time as established by the Association. The annual and special assessments, together with such interest thereon and costs of collection thereof as herein provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney fees, shall be the personal obligation of the person who was the owner of such property at the time when the assessment fell due.
20. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of Paradise Lake Subdivision and in particular for the improvement and maintenance of properties, services and facilities devoted to this purpose and the homes situated upon the properties. Pursuant to the foregoing, the Association may use and employ assessments to provide for repair, improvement and maintenance of the common properties, payment of taxes and insurance thereon, for paving, repaving, improvement, repair and maintenance of
streets, alleys and common ways and for construction, reconstruction, repair, maintenance and improvement of both sanitary and storm sewers. The enumeration of specific uses herein however shall not be construed to limit the Association to the use of assessments for purposes similar to the foregoing. The rate of the annual assessment shall be established each year in accordance with the by-laws of the Paradise Lake Property Owners Association, Inc. Any assessment which is not paid when due shall be delinquent and shall, together with interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property which shall bind such property in the hands of the then owner, his heirs, devisees, personal representatives and assigns. If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at a rate of 8% per annum. The Association may, after giving the delinquent owner 25 days written notice, bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorney fees of any such action shall be added to the amount of such assessment. No owner may waive or otherwise avoid liability for the assessments provided herein by non-use of the rights-of-way or abandonment of his lot.
21. The lien of the assessments provided for herein shall be subordinated to the lien of any first mortgage or deeds of trust. Sale or transfer of any lot which is subject to any first mortgage or deed of trust, pursuant to foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof.
22. The following property subject to these covenants and restrictions shall be exempt from the assessments created herein:
a. All properties dedicated to and accepted by a public authority;
b. The rights-of-way and common property; and
c. All properties owned by a charitable or non-profit organization exempt from taxation by the laws of the state of West Virginia; and
d. All properties owned by Paradise Lake, Inc., a West Virginia corporation.
Notwithstanding the foregoing, no land or improvements devoted to dwelling use shall be exempt from said assessments.
23. These Amended Covenants and Restrictions are hereby imposed on all lots in Paradise Lake Subdivision and are to run with the land and shall be binding upon all owners of lots in said Subdivision and all persons claiming under them for a period of ten (10) years from the 1st day of August, 1991, after which said covenants and restrictions shall be automatically extended for successive periods of ten years, unless an instrument signed by the majority of the then owners of lots has been recorded prior to the anniversary date of any ten year period agreeing to change said covenants, in whole or in part, and enforcement of these covenants shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages.
24. Invalidation of anyone of these covenants or restrictions b~ judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.