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Amendment to Covenants – March 2009

STATE OF ALABAMA

COUNTY OF MADISON

AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS

FOR

CHAPEL HILL SUBDIVISION

 

 

WHEREAS, the undersigned, Valley Land, LLC, an Alabama limited liability company, as Declarant, under that certain Declaration of Protective Covenants for Chapel Hill Subdivision, as recorded in Deed Book 1052, Page 39 in the Probate Office of Madison County, Alabama (the “Covenants”); and

WHEREAS, pursuant to Article XII, Section 4 of said Covenants, the Declarant has the right to unilaterally amend the Covenants; and

WHEREAS, Declarant has deemed it necessary to amend the same and has the right to do so per the above cited provision, the undersigned does hereby amend the Covenants as follows:

Article V, Section 2 shall be amended to add the following:  Lawns will be cut to a manageable length and a neat appearance maintained for the type of grass in the yard.  All sidewalks and driveways will be edged regularly to maintain a neat, clean appearance.  All grass cuttings will be removed from sidewalks, driveways and streets to maintain a clean, neat appearance and to keep grass from blowing into a neighbor’s yard, or stopping/impeding the flow of rainwater runoff into the drainage systems of the neighborhood.

Article VI, Section 4 shall be amended to add the following:  No on-street parking is allowed for any vehicle with the exception of a non-resident visiting for less than ninety-six (96) hours or in the case of a social function at the residence.  Parking of commercial vehicles is not authorized at any residence.  Commercial vehicles include, but are not limited to FEDEX/UPS type vehicles, business/company panel vans, work-equipped pickup trucks, or any other vehicle whose intended purpose is not for family use.  Exceptions are emergency type vehicles, which must have written permission of the Board on a case by case basis.

Article VI, Section 11 shall be amended to add the following:  No more than one satellite dish may be affixed to any residence, and when affixed will not be visible from the street, unless the Board approves an application submitted through the Architectural Review Committee.

Article VI, Section 18 shall be amended to add the following:  All approved wooden fencing must be stained brown (standard/approved Chapel Hill color) within 30 days of the fence being erected.  (Suggested color is ‘Jones Fence Brown’, which can be found at SCI paints on Hughes Rd.)

Article VI, Section 22 shall be amended to add the following:  The Architectural Review Committee must approve any addition to the landscape that is not natural plant life.  The Architectural Review Committee will regularly check/screen all residences for compliance and acceptability.  Chapel Hill will limit the number of flagpoles to five (5), one of which is reserved as a housing area project for future installation.  Existing flagpoles may remain in place, but no additional flagpoles will be authorized.  If a resident leaves and removes a flagpole, another resident may submit a request through the Architectural Review Committee to install a new flagpole, never exceeding a total of four (4) residential poles.  Existing flagpoles must be illuminated at night when flying the United States flag.  The only flags authorized for display are the United States flag, state flags, and the POW/MIA flag.  No school or football team flags are allowed.  The United Sates flag may be flown from a mount attached directly to the residence.  No other flags may be flown from a residence mount.

Article XII, Section 23 shall be added as follows:  List of Fines.  Listed below are the approved fines for failure to abide by this Declaration after thirty (3) days of a written warning.  Fines will be accessed by the management company, at the request of the Architectural Review Committee, and as approved by the Board.

  1.  Construction.  $500.00 base fine, $50.00/day up to 90 days; property lien
  2.  Landscaping.  $100.00 base fine, $25.00/day up to 90 days; property lien
  3.  Vehicular/Parking.  $50.00 base fine; $10.00/day up to 90 days; property lien or Towing and Storage Fees (Does not require 30 day written warning)
  4.  All Others.  $25.00 base fine; $5.00/day up to 90 days; property lien

All references to “Architectural Control Committee” in the Covenants shall mean the Architectural Review Committee.

 

            DONE this the _24th_ day of March, 2009.

VALLEY LAND, LLC

Original signed By:  Roy Johnson, Its:  Member

Original signed  By:  Jerry Brooks, Its:  Member