Old Landing Woods Owners Association

Declaration of Restrictions

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In addition to the covenants below, you are urged to read the FAQs that contain more specific information on rules and practices governing our association. This page has been provided as a reference. Every effort has been made to reproduce the restrictions, as recorded with the Recorder of Deeds, Sussex County. Please note that there are amendments to the original Declaration of Restrictions that are reproduced at the end of the document.
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DECLARATION OF RESTRICTIONS



OLD LANDING WOODS SECTION II



THIS DECLARATION OF RESTRICTIONS, made this 1st day of July, A.D. 1978 by William V. Marshall, Jr. and Nancy M. Patterson, developers of OLD LANDING SECTION II, Lewes and Rehoboth Hundred, Sussex County, Delaware, herein referred to as "Developer."



WITNESSETH



WHEREAS, W. Virden Marshall and Hazel D. Marshall subdivided 22 acres of land commonly known as OLD LANDING SECTION II, said tract being shown on a plan of Subdivision titled "OLD LANDING DEVELOPMENT" by J. Curtis Fritchman, registered surveyor on January 7, 1974, said plot of survey being recorded in the Sussex County Recorder of Deeds office in Plot Book 8, Page 845; and



WHEREAS, W. Virden Marshall died on February 10, 1974 leaving all his right, title and interest in said development unto Hazel D. Marshall, his wife by will recorded in the office of the Register of Wills in Will Book 75, Page 493; and



WHEREAS, Hazel D. Marshall died on March 5, 1974 leaving all her right, title and interest in said development unto William Virden Marshall, Jr. and Nancy M. Patterson, her children by will recorded in the office of the Register of Wills in Will Book 75, Page 451; and



WHEREAS, William V. Marshall, Jr. and Nancy M. Patterson, the developers and owners of OLD LANDING SECTION II desire to establish a Declaration of Restrictions covering all of the lots shown on a plot of subdivisions of "OLD LANDING DEVELOPMENT" recorded in the Sussex County Recorder of Deeds office in Plot Book 8, Page 845.



IT IS HEREBY DECLARED, that the following Declaration of Restrictions shall apply to all owners of any lot shown on the plan of subdivision of "OLD LANDING DEVELOPMENT" commonly known as OLD LANDING SECTIN II.



1. OLD LANDING SECTION II OWNERS ASSOCIATION



A. Every person who acquired title, legal or equitable, to any lot in the Subdivision shall become a member of the Old Landing Section II Owners Association, herein referred to as "Association," and no such person shall acquire such title until he has been approved for membership in the Association, nor shall the owner of a lot or lots in the Subdivision convey the title to said lot or lots to any person who has not been approved in writing for membership in the Association, provided, however, that such membership is not intended to apply to those persons who hold an interest in any such lots merely as security for the performance of an obligation to pay money, e.g., mortgages, deeds of trust, or real estate contract purchases. However, if such a person should realize upon his security and become the real owner of a lot within the Subdivision, he will then be subject to all the requirements and limitations imposed in these Restrictions on owners of lots within the Subdivision and on members of the Association, including those provisions with respect to alienation and the payment of an annual charge.



B. The general purpose of the Association is to further and promote the community welfare of property owners in the Subdivision, and to manage and maintain the recreation areas and parks.



C. The Association shall also be the means for the promulgation and enforcement of all regulations necessary to the governing of the use and enjoyment of such areas and parks and such other properties within the Subdivision as it may from time to time own or control.



D. The Association shall have all the powers that are set out in its Articles of Association and all other powers that belong to it by operation of law, including (but not limited to) the power of levy against every member of the Association a uniform annual charge per single-family residential lot within the Section and Subdivision, the amount of said charge to be determined by the Board of Directors of the Association after consideration of current maintenance needs and future needs of the Association.



a.) Every such charge so made shall be due from the member to the Association on or before the first day of January of each year, for the ensuing year.



b.) If any such charge shall not be paid for that year, it shall bear interest from the date of delinquency at the rate of one percent (1%) per month; the Association may publish the name of the delinquent member in a list of delinquent member, of by any other means of publication, and the Association may file a notice that it is the owner of a lien to secure payment of the unpaid charges plus costs and reasonable attorney's fees, which lien shall encumber the lot or lots in respect of which the charge shall have been made, and which notice shall be filed in the office of the Clerk of any court of record of Sussex County, Delaware.



Every such lien may be foreclosed by equitable foreclosure at any time within five (5) years after the date on which the notice thereof shall have been filed. In addition to the remedy of lien foreclosure, the Association shall have the right to sue for such unpaid charges, interest, costs, and reasonable attorney fees, in any court of competent jurisdiction as for a debt owed by the delinquent member or members to the Association. Every person who shall become the owner of the title (legal or equitable) to any lot in the Subdivision by any means is hereby notified that, by the act of acquiring such title, such person will be conclusively held to have covenanted to pay the Association all charges that the Association shall make pursuant to any paragraph or subparagraph of these Restrictions.



c.) The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association certifying that the charges on a specified lot have been paid or that certain charges against said lot remain unpaid, as the case may be. A reasonable charge may be made by the Board of Directors of the Association for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any charges therein stated to have been paid.



E. The funds accumulated as the result of the charges levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the members of the Association.



F. The lien of a deed of trust representing a first trust placed upon any lot for the purpose of permanent financing and/or constructing a residence or other improvement thereon recorded in accordance with the laws of the State of Delaware, shall be, from the date of recordation, superior to any and all such liens provided for herein.



G. The Board of Directors of the Association shall have the right to suspend the voting rights (if any) and the right to use of the recreational facilities of the Association of any member:



a.) For any period during which any Association charge owed by the member remains unpaid;



b.) During the period of any continuing violation of the restrictive covenants for the Subdivision, after the existence of the violation shall have been declared by the Board of Directors of the Association.



2. ASSOCIATION'S RIGHT TO PERFORM CERTAIN MAINTENANCE



A. In the even an owner of any lot in the Subdivision shall fail to maintain the premises and the improvements situated thereon, and keep the grass cut, in a manner satisfactory to the Board of Directors of the Association, the Association shall have the right, through its agents and employees, to enter upon said lot and repair, maintain, and restore the lot and the exterior of the buildings and any other improvements erected thereon. Such right shall not be exercised unless two-thirds of such Board of Directors shall have voted in favor of its being exercised. The cost of such exterior maintenance shall be added to and become part of the annual charge to which such lots is subject. The Directors shall send a five (5) day warning letter to a lot owner at the address registered with this Association before undertaking any grass cutting, repairs or maintenance authorized by this paragraph.



3. REMEDIES



A. The Association or any party to whose benefit these Restrictions inure may proceed at law or in equity to prevent the occurrence, continuation or violation of any of these Restrictions and the court in any such action may award the successful party reasonable expenses in prosecuting such action, including attorney's fees.



B. The remedies hereby specified are cumulative, and this specification of them shall no be taken to preclude an aggrieved party's resort to any other remedy at law, in equity, or under any statute. No delay or failure on the part of any aggrieved party to invoke an available remedy in respect of a violation of any of these Restrictions shall be held to be a waiver by that party of (or an estoppel of that party to assert) any right available to him upon the recurrence on continuation of said violation or the occurrence of a different violation.



4. BOARD OF DIRECTORS



A. The Board of Directors of OLD LANDING SECTION II Owners Association shall consist of five (5) members, each of whom must own at least one (1) lot in OLD LANDING SECTION II. The first Board of Directors shall have the following members:



WILLIAM V. MARSHALL; President



NANCY M. PATTERSON



JOSEPH L. MARSHALL



JAMES A. EDGINS



HAROLD E. DUKES, JR.



The terms of directors William V. Marshall, Jr. and Nancy M. Patterson shall be for life or until they resign. In case of their death, disability or resignation, Ann M. Marshall shall substitute. Upon the death, disability or resignation of Ann M. Marshall, the Owners Association will elect a member to fill this position for an annual term.



B. The other three directors, Joseph L. Marshall, James A. Edgins and Harold E. Dukes, Jr. shall serve for a term of one year and until their successors are elected.



5. MEETING OF THE OWNERS ASSOCIATION



A. THE OLD LANDING SECTION II Owners Association shall meet on the last Saturday in April each year at a time and place to be designated by the Board of Directors. At this meeting, elections for the Board of Directors shall take place and any other necessary business. A vote of the majority of those members present shall be sufficient to pass normal business decisions as well as elect the Board of Directors. Members may vote by proxy if they choose not to attend the meeting. Additional meetings of the Owners Association may be called as the Board of Directors deem necessary. These additional meetings shall be called by giving each lot owner at least fifteen (15) days written notice through the mail.



6. USE, DESIGN, SIZE AND PLACEMENT OF BUILDINGS



(see AMENDMENT that follows at end of original covenants)



A. No lot or lots, or any part thereof, shall be used for business or commercial purposes, but shall be restricted and limited to single family residential purposes and uses only.



B. Not more than one (1) dwelling shall be erected upon any one (1) building lot, provided, however, that nothing herein contained shall deny to any owner the right to erect upon any one (1) building lot, as aforesaid, a private garage in addition to the dwelling or an attached garage may not be a garage apartment for use by a second family; however, such space may be used by domestic help. No garage may be erected prior to the dwelling house. No garage door opening shall face the street.



C. No building or other structure or projection therefrom shall be erected upon or extended within building line shown on the plot, or forty (40) feet of the shore line, if such applies, or twenty (20) feet from the rear or back line of said lots and no less than fifteen (15) feet from the side lines of the adjoining property owners.



D. All dwellings constructed on said lots shall have a minimum square footage of floor area of 1,500 square feet for a single story dwelling; 1,900 square feet for a two-story dwelling; and 1,700 square feet for a split level dwelling. The floor area of any dwelling may be computed by including the floor area of attached roofed porches. No building shall be erected with a flat roof. The roof pitch of any building must be equal or greater than three (3) inches in one (1) foot.



E. No foundation of any dwelling or house shall be more than eighteen (18) inches above grade.



F. No building, house, or other structure shall be erected or commenced or maintained, nor shall any addition to, or change or alteration therein be made until plans and such specifications shall have been submitted to and approved in writing by the Board of Directors of OLD LANDING SECTION II Owners Association, its Successors or Assigns, and a copy thereof as finally approved lodged permanently with said Board of Directors, its Successors or Assigns. All lots must have a minimum road frontage of One Hundred (100) feet.



No lot may be subdivided without the expressed written approval of the Board of Directors.



7. VARIANCES



A. The Committee may allow reasonable variances and adjustments of these Restrictions in order to overcome practical difficulties and prevent unnecessary hardships in the application of the provisions contained herein, provided, however, that such is done in conformity with the intent and purposes hereof and provided also that in every instance such variance or adjustment will not be materially detrimental or injurious to other property or improvements in the neighborhood the Section or the Subdivision.



8. SANITATION, SAFETY AND MAINTENANCE



A No noxious activities shall be carried on upon any lot nor shall anything be done or permitted thereon which may be or become an annoyance or nuisance to the grantor or to the neighborhood, nor shall any bees, hogs, poultry, cattle, horses, ponies, or livestock or any kind be kept on said premises by the owner or occupier of said premises. House pets acceptable to the Board of Directors, its Successors or Assigns, are specifically excepted.



B. No trailer, tent, shack, barn, or other unattached structure (garage excluded) shall be erected or placed upon any of the lands above described.



C. All dwellings constructed on said lots shall have septic tanks, sewage disposal systems and water facilities and shall conform to all requirements established by the Department of Health of the State of Delaware. No outside toilet shall be constructed or maintained on any lot. Whenever public sewer mains are available to any lot owner then such public sewer mains shall be used, the connection to be at the expense of the lot owner.



D. No building shall be used as a residence until the same has been fully completed in accordance with accepted building practices. No building or other structure shall be moved upon any lot or lots without the written approval of the Board of Directors, its Successors or Assigns.



E. No signs, notices or advertising matter of any nature or description shall be erected, used or permitted upon any of the said lots, except such advertising of lots and homes as is agreeable to the Board of Directors, its Successors or Assigns.



F. Vacant lots may not be used for storage of any kind except for the purpose of building. Construction, once started will be completed within a reasonable time and upon completion of the building, all excess materials shall be removed or placed inside of building.



G. The Board of Directors may have the roads within the development repaired as, in the judgment of the said Board of Directors, may be necessary. They may recover from each owner of property abutting any road thus repaired so much of the repair expense as is proportionate to the particular owner's frontage upon the road repaired.



9. FENCES



(see AMENDMENT that follows at end of original covenants)



A. Fences may be erected on said premises, but no fence shall be more than thirty-six (36) inches in height without the permission of the Board of Directors.



10. TRANSFER OF PROPERTY



(see AMENDMENT that follows at end of original covenants)



A. Whenever it is sought by non-judicial means to transfer the title to any premises within this development, the persons desiring to transfer title shall give at least fifteen (15) days notice to the Board of Directors as to the name and address of the prospective purchaser, and the price the prospective purchaser proposes to pay for the said lot or lots; and if at any time within the said period of fifteen (15) days the said Board of Directors should so desire, and so arrange, they can avoid the sale to the prospective purchaser by paying to the person desiring to sell the property the amount of the purchase price which he was to receive and taking title in their own names or the name or names of their nominee or nominees. If the Board of Directors shall fail to arrange to purchase the said property within the said written notice, then the owners may proceed with the sale to the person originally proposed, according to the terms set forth in the notice.



B. In case of any judicial sale resulting from execution foreclosure, receivership, administration, and the like, the creditors are free to sell in the usual way and it is up to the Board of Directors, if it can, and so desires, to buy the high dollar.



11. AMENDMENT OF RESTRICTIONS



A. All the covenants, agreements, conditions, easements and restrictions contained herein shall continue in force until altered or rescinded according to the following plan: The above restrictions can be altered or rescinded by the written consent of two-thirds of all the votes in the development at the time the vote is taken, with each lot being qualified to cast one vote through its owners, and upon recording the said written consent in the office of the Recorder of Deeds, at Georgetown, Delaware.



12. TERM OF RESTRICTIONS AND ENFORCEMENT



A. The foregoing restrictive covenants are to run with the land herein and hereby conveyed. Each of them shall be binding upon all the parties hereto, and upon their heirs, executors, administrators and assigns, as well. In the event any of the parties hereto, or their respective heirs, executors, administrators or assigns, shall have violated or attempted to violate any of the foregoing restrictive covenants, it shall be lawful for any other person or persons, owning any of the lands above described to bring any proceeding or to take action at law or in equity, or otherwise against the person or persons so violating or attempting to violate any covenant or restriction, and either prevent him, her or them from so doing, or to recover damages resulting from any such violations or attempted violations thereof. Failure to enforce any of these restrictions shall in no event be deemed as a waiver of the right to enforcement thereafter.



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First Amendment to the Declaration of Restrictions Old Landing Section II



Be It Known; from this 25th day April 1998, forward that this is declared to be the First Amendment to the existing Declaration of Restrictions, made the 1st day of July 1978 by William V. Marshall, Jr. and Nancy M. Patterson, as developers of Old Landing Section II, Lewes and Rehoboth Hundred, Sussex County, Delaware and found recorded at the Sussex County, Recorder of Deeds @ Book 914, pages 158 - 170.



Whereas, in the existing aforementioned Declaration of Restrictions, at Section 11 paragraph A. [Amendment of Restrictions], the Owners Association may elect from time to time to alter or rescind any restrictions contained in the said Declaration of Restrictions according to a plan and by declaring a two-third vote in favor of doing so, and



Whereas, it is the intention of the Owners Association to hereby elect to amend the restrictions in so much as they are detailed herein, and



Whereas, by their signature affixed to the attached acknowledgment, it is the resolution of those owners, that by so signing they do constitute a two-third majority of the current property owners sanctioning this action, in favor, of establishing said changes.



NOW THEREFORE, IT IS HEREBY DECLARED, this First Amendment, as presented by Stephen Simmons acting as Chairman of the Board of Directors, for and in behalf of the Owners Association shall be recorded with the Sussex County, Recorder of Deeds, and once recorded shall be binding upon all members as if it were first recorded.



I. Pursuant to the Declaration of Restrictions, Section 11 paragraph A., [Amendment of Restrictions], the Owners Association hereby elects to amend the restrictions by altering all language in the entire Declaration of Restrictions making reference to Old Landing Section II, by officially adopting the commonly referenced name as the name of the sub-division and making all references of Old Landing Section II to be know as:



Old Landing Woods



II. Pursuant to the Declaration of Restrictions, Section 11 paragraph A., [Amendment of Restrictions], the Owners Association hereby elects to amend the restrictions by rescinding all language of Section 6, Use, Design, Size and Placement, @ paragraph D. and inserting in its place the following new writing of the paragraph D:



D. All single family dwellings shall be constructed on a said lot and shall have a minimum square footage of floor area of one thousand eight hundred (1800) for a single story dwelling or two thousand (2000) for a two story dwelling. Floor area shall be interpreted to be those areas of living space under roof and as closed-in expanse of the dwelling. Living space will not include the garage area or open decks, walkways, etc. Roof pitches shall be at minimum of three inches in one foot (3/12). The plans and specifications, for any construction, must be submitted to and approved by the Board of Directors, in writing, at least thirty days (30) prior to the commencement of the construction project to avoid building assessment, performance bond or penalty. Any current dwellings are considered exempt from necessity to conform.



III. Pursuant to the Declaration of Restrictions, Section 11 paragraph A., [Amendment of Restrictions], the Owners Association hereby elects to amend the restrictions by altering Section 6, Use, Design, Size and Placement of Buildings, @ paragraph F, by inserting at the end of the last sentence of that section the following additional wording:



Accompanying the aforementioned plans and specifications, shall be an application fee, as designated by the Board of Directors, for Plan Review, the applicant shall submit for review the information that is required by the Board of Directors, to include but not limited to;



(1). A blueprint (copy) of the proposed house showing all four elevations, a scale drawing floor plan and an artist rendering or photo of genuine likeness.



(2). A copy of the certified survey of the lot, showing the house placement on the lot.



(3). Detailed information of the house exterior roof and siding material and color scheme of the exterior roof and siding.



(4). The builder's (primary) name, address, local phone number and contractors business license number, and the start date and anticipated completion date.



(5). Any request for a variance and the specific reason(s) for the hardship request.



Any violation of the restriction of commencing construction without prior approval will result in an "initial" assessment of $200.00, per day, and any other costs made necessary by such infraction. The entire and complete required application (1-5 above) MUST be submitted at least thirty (30) days in advance of the desired construction start to avoid penalty. At the Boards discretion a performance bond may be required prior to the start of any construction. Any said bond shall not be unreasonably prohibitive in nature, but shall consider consequences to the neighboring properties and residents use and enjoyment during construction as a result of potential road damage, unreasonable or unnecessary completion delay of construction, necessary lot cleaning and rubbish removal; removal of abandoned material, equipment, trailers or motor vehicles; and any other noxious activity commenced on the property prior to or during the construction.



IV. Pursuant to the Declaration of Restrictions Section 11 paragraph A., [Amendment of Restrictions], the Owners Association hereby elects to amend the restrictions by altering Section 9, Fences, @ paragraph F, by inserting at the end of the last sentence of that section the following additional wording:



Fences are treated as any other construction and MUST be approved by the Board of Directors. As a general standard, fences are NOT permitted as an enclosure past the rear line of the house and will not be granted variance for any reason. Specifically any fencing treated as or deemed to be a kennel or animal run is prohibited. It is strongly encouraged, however, to make use of invisible fencing for animal controls for the entire property perimeters.



V. Pursuant to the Declaration of Restrictions, Section 11 paragraph A., [Amendment of Restrictions], the Owners Association hereby elects to amend the restrictions by altering Section 10, Transfer of Property, @ paragraph A, by inserting at the end of the last sentence of that section the following additional wording:



Should a violation of the requirement to properly notify the Board of Directors of a non-judicial transfer of property occur, in the form of a failure to make timely notice, rendering the prescribed period of notice (15 days) void or ineffectual so as not to permit the prescribed opportunity to exercise its Right of First refusal; or actual transfer of the property occur without notification to the Board, an assessment shall be made against the property in the amount of $1000.00 in addition to any other legal or equitable remedy available regardless of the actual declination or acceptance to execute the option. Action in law or equity may also be commenced against any title or search company failing to or avoiding properly making notice of this restriction to all that it may concern.