Lamp Post, Willow Creek

Willow Creek Home Link Banner

WILLOW CREEK
HOMEOWNERS
ASSOCIATION

FAIRLAWN, OH
Willow Creek floral visitor

Design Guidelines

Covenants Part 1Covenants Part 2Code of RegulationsLeasing Ammendment

Architecture

Buds with morning dew

AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
RESERVATION OF EASEMENTS FOR WILLOW CREEK

WHEREAS, the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Willow Creek (the "Declaration") was recorded at Summit County Records Instrument No. 55002041 and the Code of Regulations for Willow Creek of Summit County Homeowners Association, Inc. (the "Code"), was recorded at Summit County Records Instrument No. 55450066, and

WHEREAS, the Willow Creek of Summit County Homeowners Association, Inc. (the"Association") is a corporation consisting of all Owners in Willow Creek and as such is the representative of all Owners, and

WHEREAS, Article XIV, Section 14.2 of said Declaration authorizes amendments to the Declaration, and

WHEREAS, Owners representing at least 75% of the Association's voting power have executed instruments in writing setting forth specifically the matter to be added (the"Amendment"), and

WHEREAS, the Association has in its records the signed, written consents to the Amendment signed by Owners representing 76.5% of the Association's voting power as of November 11, 2008, and

WHEREAS, the Association has in its records the power of attorney signed by Owners representing 76.5% of the Association's voting power authorizing the Association's officers to execute the Amendment on their behalf, and

WHEREAS, the proceedings necessary to amend the Declaration as required by the Declaration have in all respects been complied with.

NOW THEREFORE, the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Willow Creek is hereby amended by the following:

INSERT a new DECLARATION ARTICLE IX, SECTION 9.1.11 entitled, "Leasing of Dwelling Units." Said new addition, to be added on Page 15 of the Declaration, as recorded at Summit County Records, Instrument No. 55002041, is as follows:

9.1.11 Leasing of Dwelling Units.
No Dwelling Unit shall be leased, let or rented, whether for monetary compensation or not, by an Owner to others for business, speculative, investment or any other purpose. The intent of this restriction is to create a community of resident Owners, subject to the following:

9.1.11.1
This restriction does not apply to: (a) Dwelling Units that are occupied by the parent(s) or child(ren) of the Owner; or, (2) any Owner leasing or renting his/her Dwelling Unit at the time of recording of this amendment with the Summit County Fiscal Office, and who has registered his/her Dwelling Unit as being leased with the Association within ninety (90) days of the recording of this amendment, said Owner shall continue to enjoy the privilege of leasing that Dwelling Unit until the title to said Dwelling Unit is transferred to a subsequent Owner.

9.1.11.2
To meet a special situation and to avoid an undue hardship or practical difficulty, each Owner has the right to lease hislher Dwelling Unit, provided the Owner gives prior written notice to the Board, to a specified lessee for a one-time period not less than six (6) consecutive months nor more than twenty-four (24) consecutive months. The one-time hardship exception of up to twenty-four (24) months may in no event be extended beyond the one twenty-four (24) month period.

9.1.11.3
In no event shall a Dwelling Unit be rented or leased by the Owner thereof for transient purposes, which is defined to mean a rental for any period less than six (6) full, consecutive calendar months, nor rented or leased to any business or corporate entity for the purpose of corporate housing or similar type usage. Sub-leasing of any Dwelling Unit, in whole or in part, is also prohibited.

9.1.11.4
Any land contract for the sale of a Dwelling Unit    must be recorded and a recorded copy of the same shall be delivered to the Board. Any land contract not recorded shall be considered an impermissible lease.

9.1.11.5
All exempted leases must be in writing. The lessee must abide by the terms of the Declaration, Code, and rules and regulations. The Owner shall relinquish all amenity privileges, but continue to be responsible for all obligations of ownership of his/her Dwelling Unit and shall be jointly and severally liable with the lessee to the Association for the conduct of the lessee and/or any damage to property. Copies of all exempted leases shall be deliver0d to the Board prior to the beginning of the lease term.

Any conflict between this provision and any other, provisions of the Declaration and Code shall be interpreted in favor of this restriction on the leasing of Dwelling Units. Upon the recording of this amendment, only Owners of record at the time of such filing shall have standing to contest the validity of the amendment, whether on procedural, substantive or any other grounds, provided further that any such challenge shall be brought in the court of common pleas within one year of the recording of the amendment.





Design Guidelines
Covenants Part 1
Covenants Part 2
Code of Regulations
Leasing Ammendment
Architecture

Copyright 2015 Willow Creek HOA

By Development Listing Service