STATE OF LOUISIANA:
:
PARISH OF CADDO:
SECOND AMENDMENT AND FIRST RESTATEMENT TO DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
OF
CHASEWOOD HOMES ASSOCIATION, INC.
BE IT KNOWN that in the presence of the undersigned competent witnesses, personally came and appeared the Owners of the number of Lots affixed by their respective signature lines, on the date affixed by their respective signatures, said Owners constituting in excess of 75% of the Lot Owners in Chasewood Homes Association, a subdivision in the City of Shreveport, Caddo Parish, Louisiana, as per plat recorded in Map Book 1750, Pages 95 through 105 of the Records of Caddo Parish, Louisiana. Appearers declare that on October 24, 1979, a Declaration of Covenants, Conditions and Restrictions was filed as Instrument No. 812095 of the Records of Caddo Parish, Louisiana, and that on October 12, 1981, an Amendment to Declaration of Covenants, Conditions & Restrictions was filed as Instrument No. 886850 of the Records of Caddo Parish, Louisiana, affecting the following described property, to-wit:
LOTS ONE (1) through ONE HUNDRED THIRTY-THREE (133) CHASEWOOD SUBDIVISION, a subdivision in the City of Shreveport, Caddo Parish, Louisiana, as per plat of record in Map Book 1750, Pages 95 through 105 of the Records of Caddo Parish, Louisiana.
Appearers do by these presents further amend and/or restate the Original and First Amendment to Declaration of Covenants, Conditions & Restrictions so as to read as follows, to-wit:
ARTICLE I
DEFINITIONS
Section 1.“Association” shall mean and refer to Chasewood Homes Association, Inc.
Section 2.“Properties” shall mean and refer to that certain real property herein after described, and such additions thereto as may here after be brought within the jurisdiction of the Association as provided for herein or as annexed in the future. In as much as Chasewood Subdivision is a residential planned community, the Properties herein and governance of the Association are subject to the provisions of the Louisiana Homeowners Association Act, La.R.S. 9:1141, et seq., except as may be specifically addressed herein.
Section 3.“Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the members of the Association. The Common Area to be owned by the Association at the time of conveyance of the first Lot is described as follows:
That one certain lot designated as Lot 133 on the Plat of Chasewood Subdivision, as recorded in Map Book 1750, pages 95 through 105 of the Records of Caddo Parish, Louisiana.
Section 4.“Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area, regardless of the size of such Lot.
Section 5.“Member” shall mean and refer to every person or entity who holds membership in the Association.
Section 6.“Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 7.“Appearers” shall mean those who have executed this instrument and who are the Owners of not less than 75% of the Lots of Chasewood Subdivision, and who are the respective successors and assigns of the original Declarant, Baird Development, Inc.
ARTICLE II
MEMBERSHIP
Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. An Owner shall have one membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership.
ARTICLE III
VOTING RIGHTS
Members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine and so indicate to the Association in writing. In the absence of such indication of which Owner shall vote for a particular Lot, the provisions of La. R.S. 9:1141.7A shall apply. However, in no event shall more than one vote be cast with respect to any Lot.
ARTICLE IV
COMMON AREA
Section 1. Members Easement of Enjoyment. Every Member shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions:
(a)The right of the Association to limit the number of guests of Members;
(b)All expenditures for improvements and maintenance of the Common Areas shall be paid for from the accumulation of home owners’ dues or special assessments.
(c)The right of the Association to suspend the voting rights and right to use the Common Area by a Member for any period during which any assessment against his Lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations;
(d)The right of the Association to transfer all or part of the Common Area subject to such conditions as may be agreed to by the Members. Such transfer shall be by amendment effected by any method set forth for amendment of these covenants and restrictions in Article VIII, Section 3, below;
(e)The right of the Association to levy reasonable fines or charges for violation of rules and regulations, which shall in no way limit the authority of the Association to other remedies available here under or by law.
Section 2. Delegation of Use. Any Member may delegate, in accordance with the By-Laws, his right of enjoyment of the Common Area and facilities to the members of his immediate family, his tenants, invitees, or contract purchasers who reside on the property as long as they themselves are Members in good standing.
Section 3. Title to the Common Area. The original Declarant has conveyed fee simple title to the Common Area to the Association, free and clear of all encumbrances and liens with the express understanding that the maintenance of street and drainage systems within the Subdivision, except those within drainage easements dedicated to the public, shall remain the sole responsibility of the Association.
Section 4. Egress and Ingress. None of the provisions of Article IV of this Declaration shall be construed as in any way restricting the rights of any Owners to ingress and egress to and from his Lot, over and across any portion of the Common Area, which rights of ingress and egress are hereby specifically granted.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS OR CHARGES
Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2)special assessments or charges for capital improvements, as may be fixed, established, and collected from time to time as herein after provided. The annual and special assessments, together with interest, costs, and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing privilege against or lien upon the property against which each such assessment is made. Each such assessment or charge, together with such interest, costs, and reasonable attorney’s fees, as herein provided for, shall be the personal obligation of the person who was the Owner of such property at the time when the assessment or charge was made or became due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. The privilege established by this article is intended to exercise, to the fullest extent allowed by law, the rights of the Association in the same manner as provided in La. R.S. 9:1145 through 1148, except as where they may be inconsistent with the provisions herein.
Section 2. Purpose of Assessments or Charges. The assessments or charges levied by the Association shall be used exclusively for the purpose of promoting the health, safety, and welfare of the residents in the Properties and in particular for the improvement and maintenance of the Properties, (including necessary attorney charges) services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, and to the maintenance of the street and drainage systems within the Subdivision, it being expressly understood that such maintenance is to be the sole responsibility of the members of the Association.
Section 3. Basis and Maximum of Annual Assessment or Charges. The current owner of Lots 24 and 25 (Adie Taylor) shall pay one half of the annual charge or assessment. Upon sale of Lots 24 and 25, the Owners shall pay the full annual charge or assessment.
(a)From and after January 1, 1981, the maximum annual assessment may be increased effective January 1 of each year by the then current Board of Directors of the Association without a vote of the membership provided that said increase does not exceed ten percent (10%).
(b)From and after January 1, 1981, the maximum annual assessment may be increased above ten percent (10%) provided that such change shall have the assent of two-thirds (2/3) of the votes of the Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the easements undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation.
(c)After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessment or charge at an amount not in excess of the maximum herein above provided.
Section 4. Special Assessments or Charges for Capital Improvement. In addition to the annual assessments or charges authorized above, the Association may levy in any such year a special assessment or charge applicable to that year only for the purpose of defraying, in whole or in part, the cost of any reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereof, provided that any such assessment or charge shall have the assent of two thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members of not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting.
Section 5. Uniform Rate of Assessment or Charge. Both annual and special assessments or charges must be fixed at a uniform rate.
Section 6. Quorum for Any Action Authorized Under Sections 3 and 4. At the first meeting called, as provided in Sections 3 and 4 of this article, the presence at the meeting of Members or of proxies entitled to cast sixty percent(60%) of all the votes shall constitute a quorum.
Section 7. Date of Commencement of Annual Assessments or Charges and Due Dates. The annual assessment or charge provided for herein shall commence as to all Lots on the first day of January, 1980. The Board of Directors shall fix the amount of the annual assessment or charge against each Lot at least thirty (30) days in advance of each annual period. The due dates shall be established by the Board of Directors. The Association shall upon demand at any time, furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments or charges relative to a specified Lot have been paid. A reasonable charge may be made by the Board of Directors for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment or charge therein stated to have been paid.
Section 8. Effect of Nonpayment of Assessments or Charges: Remedies of the Association. Any assessment or charge which is not paid when due shall be delinquent. If the assessment or charge is not paid within thirty (30) days after the due date, the delinquent assessment or charge shall then be enlarged by an additional rate of fifty dollars ($50) plus $25 per month for each month until all assessments and penalty charges are paid. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose on the privilege or lien against the property. No Owner may waive or otherwise escape liability for the assessments or charges provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 9. Subordination of the Privilege or Lien to Mortgages. The privilege or lien created by the assessments as provided for herein, together with any interest, costs and reasonable legal fees provided for in connection with the collection thereof, shall be subordinate and inferior to the first mortgage lien or any other lien securing the debt incurred in connection with the purchase of a Lot and improvements located thereon, or any lien securing a debt incurred in improving any Lot. The sale or transfer of any unimproved Lots shall not affect the assessment lien. Any unimproved Lot is a Lot upon which a residence has not been completed. However, the sale or transfer of any Lot pursuant to mortgage foreclosure of any proceedings in lieu thereof shall extinguish the lien of such assessment as to payments which become due prior to such sale or transfer; provided, however, that such extinguishment of lien shall not extinguish the personal liability of the person who is the Owner of the Lot prior to such sale or transfer, for the payment of such assessment. No sale or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or from the lien thereof.
Section 10. Exempt Property. The Owners of the following property subject to this Declaration shall be exempt from the assessments or charges created herein: (a) all properties dedicated to and accepted by a local public authority; (b) the Common Area. However, no Owners of land or improvements devoted to dwelling use shall be exempt from said assessments or charges.
Section 11. Joint Ownership. In the event that a Lot is owned by more than one entity, said Owners shall be solidarily liable for the assessment charges for the entire Lot.
ARTICLE VI
ARCHITECTURAL CONTROL
No clearing shall begin nor shall any building, fence wall or other structure be commenced, erected or allowed to exist upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location oft same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, acting as the architectural control committee, or by an Architectural Control Committee composed of three (3) or more representatives appointed by the Board.
The Architectural Control Committee or the Board of Directors must approve all plans and specifications before work commences on any project that requires approval. In the event said Architectural Control Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, the property Owner may request a special meeting with the Architectural Control Committee or the Board of Directors to resolve any question which may be delaying approval. Said meeting shall be held within fifteen (15) days of request for meeting. Said thirty (30) day period shall commence to run from date of written receipt by Architectural Control Committee of said plans and specifications which may be evidenced by return receipt after submission of said plans and specifications by certified or registered mail, or by written receipt signed by a duly authorized member of the Architectural Control Committee. The implementation of approved plans or projects must be completed within one year of approval or plans must be resubmitted for approval.
ARTICLE VII
USE RESTRICTIONS
Section 1. Land Use and Building Type. No Lot shall be used except for residential purposes. Without the prior approval of the Architectural Control Committee or Board of Directors, no building shall be erected, altered, placed, or permitted to remain on any Lot other than one single family dwelling not to exceed two stories in height above the ground level of highest elevation on which any portion of the main building is erected, and a private garage and such out-buildings as are customarily appurtenant to dwellings, every building to correspond in style and architecture to the dwelling to which it is appurtenant. No out-building shall exceed the dwelling to which it is appurtenant in height, number of stories or size.
Section 2. Plans and Specifications. No building shall be erected, placed or altered on any Lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee or the Board of Directors as to natural harmony of exterior design with the existing structure and as to location with respect to topography and finished grade elevations. No fence or wall more than two (2) feet in height shall be erected, placed or altered nearer to any street than the minimum setback line without the prior approval of the Architectural Control Committee or the Board of Directors. No fence or wall shall be constructed higher than seven feet (7’) and no fence or wall shall be constructed without prior approval of the Architectural Control Committee or Board of Directors as to type, materials, etc.
The Architectural Control Committee’s or Board of Directors’ approval or disapproval as required in these covenants shall be in writing. In the event the Architectural Control Committee (ACC) and the Board of Directors, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, the property Owner may request a special meeting with the Architectural Control Committee or the Board of Directors to resolve any questions which may be delaying approval. Said meeting shall be held within 15 days of request for meeting.
Section 3. Fees Payable to the Architectural Control Committee. The Architectural Control Committee may charge a fee for services attendant approval of plans not to exceed ten dollars ($10) per thousand square feet of floor area or fraction thereof if plans are submitted for prior approval. The Committee may charge a fee of one hundred dollars ($100) per thousand square feet of total floor area or fraction thereof, plus reasonable attorney’s fees, if the plans are submitted after construction has begun.
Section 4. Dwelling Size. No dwelling erected on any Lot shall contain less than two thousand (2,000) square feet, heated area only, exclusive of garages, storage and other open area. The first floor of any dwelling over one story shall contain a minimum of one thousand two hundred (1,200) square feet of livable heated area.
Section 5. Lot Size. No dwelling shall be erected or placed on any Lot platted other than as shown on the approved plat unless approved by the Architectural Control Committee or Board of Directors. No residential Lot or Lots shall be re-subdivided without approval of the Architectural Control Committee or the Board of Directors.
Section 6. Servitudes/Easements. Servitudes or easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. No utility company, political subdivision or other authorized entity using the easements shall be liable for any damage done by them, or their assigns, agents, employees or servants to shrubbery, trees, flowers or other structures or other property of the members of the Association situated within such easements.
Section 7. Nuisance. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No unsightly condition shall be created on any Lot or permitted to remain thereon which specifically, without limitation by reference thereto, prohibits the storage and/or repair of a wrecked vehicle and/or vehicles on said premises.
Section 8. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other out-building shall be used on any Lot at any time as a residence, either temporarily or permanently.
Section 9. Signs. No sign of any kind shall be displayed to the public view on any Lot except one sign of not more than five (5) square feet advertising the property for sale, or rent, or signs used by a builder to advertise the property during the construction and sales period. Signs of the same size or smaller acknowledging a school or school pride shall also be exempt from this restriction.
Section 10. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any Lot.
Section 11. Livestock and Poultry. 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 so long as they are contained on Owners’ Lot and provided that they are not kept, bred or maintained for any commercial purpose.
Section 12. Garbage and Refuse Disposal. No Lot shall be used for or maintained as a dumping ground for rubbish, trash, garbage or other waste which shall not be kept except in sanitary containers. Equipment for the storage or disposal of materials shall be kept in clean and sanitary condition, with screening provided therefor as approved by the Architectural Control Committee or the Board of Directors. All containers of equipment must not be visible from the street.
Section 13. Drainage. For drainage purposes, the grades and low elevations as left by the Developer shall be considered the natural drainage. All drainage swales shall at all times be kept clear of all trash, debris, or any other obstruction to the flow of drainage waters. No drainage culverts shall be installed without the approval of the Architectural Control Committee or the Board of Directors.
Section 14. Transport and Recreational Vehicles. Trucks in excess of one (1) ton shall not be permitted to park on the streets, driveways or Lots overnight and no vehicles of any size which normally transport inflammatory or explosive cargo may be kept in the subdivision at any time. Neither barges nor any other large floating vessels are allowed in the subdivision. Boats, four wheelers, jet skis, and open trailers may be kept on the Lot, if said items are behind a privacy fence of no more than six (6′) feet in height and are not visible from the street. With regard to enforcement of this provision of this section, the board shall give the violating Owner notice of the violation and allow a thirty (30) day period in which a Lot Owner shall rectify the violation. If at the end of the thirty (30) days the violation still exists, the board will review and take necessary action, which may include assessing a fee not to exceed $25 per day until the violation is rectified. Campers, pop-up campers, motor homes or enclosed utility trailers may be parked in the driveway only for the purpose of loading and unloading, and only for a reasonable time (not to exceed 48 hours). Fines of $25.00 per day will be placed on homeowners who abuse these rules.
Section 15.: Relocation of Buildings. Construction of new buildings only shall be permitted, it being the intent of this covenant to prohibit the moving of any existing building onto a Lot and remodeling or converting same into a dwelling unit in this subdivision.
Section 16. Completion of Construction. Construction of a home on a Lot, once started, must be diligently pursued and completed within a reasonable time.
Section 17. Parking on Streets and Common Area. Parking of automobiles and other motor vehicles on the streets or the Common Area shall be prohibited except to the extent authorized and permitted by the Association.
Section 18. Mailboxes. Mailboxes must be approved by the Architectural Control Committee or the Board of Directors as to their design and must be compatible with others in the subdivision.
Section 19. Maintenance of Adjoining Common Areas. It shall be the responsibility and obligation of each Owner to maintain his or her Lot and the Common Area between the front Lot line and the edge of the street pavement in a fashion that no unsightly areas are allowed within the subdivision. If an Owner fails to so maintain that area, the Association may, upon authorization by the Board of Directors, do the necessary maintenance work and assess the Owner of the contiguous Lot for such costs, such costs to act as a privilege or lien against the Owner’s property until paid.
Section 20. Garages. A garage is to be of sufficient size to house at least two automobiles and must be provided on each Lot. However, no open side shall face the street immediately adjacent to the Lot.
Section 21. Setback and Side Line Requirements Without Architectural Control Committee Approval. Except as approved by the Architectural Control Committee or Board of Directors, no building shall be erected or located or allowed to remain on any Lot nearer than the setback line shown on the recorded subdivision plat or nearer than forty feet (40’) to the rear Lot line. Except for corner Lots, the total side yard clearances must add up to twenty five feet (25’) with neither side being less than eight and one half feet (8.5’) to the side line. No building may be erected on a corner Lot nearer than twelve and one half feet (12.5’) to the interior side line.
ARTICLE VIII
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, privileges or liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no even be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by Judgment, or Court Order, shall not affect or invalidate any other provisions, which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a perpetual term from the date this Amended Declaration is recorded. The covenants and restrictions of this Declaration may be established, added to, amended or terminated for the whole or a part of the subdivision, whether such restrictions are established, or made more or less onerous, by an instrument signed by not less than the Owners of sixty (60%) percent of the Lots, or, at the option of the Board of Directors, by any method set forth in La. R.S.1141.7B. Any establishment, amendment or termination must be by not less than sixty (60%) percent of the Lot Owners and must be properly recorded.
Section 4. Prior Declarations Superseded. The amended and/or restated covenants or restrictions set forth herein supersede and otherwise replace the original Declaration and prior Amendment, to the extent they are inconsistent, effective the date of recordation of this instrument. Any and all proceedings as to covenants and restrictions affecting events prior to the recordation hereof shall be governed by the Declarations in effect at the relevant time(s).
THUS DONE AND SIGNED before the undersigned competent witnesses, in Shreveport, Caddo Parish, Louisiana, on the dates affixed by their respective signatures.
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