Homestead POA

Homestead POA

Declaration

Declaration of Covenants, Conditions and Restrictions of Homestead I, A Residential Subdivision to the City of Edmond, Oklahoma.

This DECLARATION, made as of the 13th day of July, 1995, by Danforth Developers L. L. C., a limited liability company, hereinafter referred to as "Declarant".

WITNESSETH

WHEREAS, Declarant is the owner of certain real estate located in the city of Edmond, Oklahoma County, State of Oklahoma, being part of the SE/4 of Section 21, Township 14 North, Range 3 West of the Indian Meridian, Oklahoma County, Oklahoma, as more particularly described in the Plat, which property has been, or will be in the future, platted into blocks, lots, streets and easements, under the name of Homestead, including as part thereof permanent open areas, playgrounds, parks with improvements, buildings and structures erected or to be erected thereon, and other common facilities for the benefit of this particular community;

WHEREAS, Declarant expressly declares its intention to develop Homestead and all additions thereto as a single family residential development within the provisions of 60 Okla. Stat. §§ 851 through 855, inclusive, in order to insure the management, maintenance, preservation, improvement and control of commonly owned areas or in portion of or interests in or restrictions upon all portions of such separately owned lots, parcels or areas, and to establish an entity and agency for such purpose and, in addition, to collect and disburse the assessments and charges hereinafter created.

WHEREAS, there will be incorporated under the laws of the state of Oklahoma, as a nonprofit corporation, an entity to be known as Homestead Property Owners Association, Inc., For the purpose of exercising the aforementioned functions.

NOW, THEREFORE, Declarant states and hereby declares that the real property described above is and shall be held, sold, conveyed and occupied subject to the conditions, covenants, restrictions, dedications, easements, charges and liens (the "Covenants") hereinafter set forth, together with any additional property as may by subsequent amendment be added to and subjected to these covenants, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the real property. These Covenants shall run with the real property and shall be binding upon, and inure to the benefit of, Declarant and its successors in title, and any and all parties having or acquiring any right, title or any part thereof, and shall be owned in common by the owners of the separately owned lots, parcels or areas. In the original Plat appended hereto, the Common Areas shall consist of Blocks A, B and C. Additionally, the masonry wall, and an easement for the fence maintenance appurtenant to said wall, abutting Homestead Boulevard, as reflected on the Plat, shall also be Common Area.

Article 1 Definitions

The following words, when used in this Declaration or any Supplemental Declaration (unless the context shall so prohibit), shall have the following meanings:

1.1 "Assessments" shall mean that portion of the cost of maintaining, improving, repairing, insuring, operating and managing the Property which is to be paid by each separate Owner as determined by the Association.

1.2 "Association" shall mean and refer to the Homestead Property Owners Association, Inc., a nonprofit corporation to be incorporated under the laws of the state of Oklahoma, its successors and assigns.

1.3 "Board" shall mean the Board of Managers of the Association.

1.4 "By-laws" shall mean and refer to the By-laws of the Association, as such By-laws may be amended from time to time.

1.5 "Common Areas" mean and include all of the area on the Plats not included in the numerically identified lots to be separately owned, whether improved or unimproved, which are owned, leased or controlled by the Association for the common use and enjoyment of members of the Association.

1.6 "Common expenses" means and includes:

1.6.1 Expenses of administration, maintenance, repair or replacement of the Common Areas and improvements thereon;

1.6.2 Expenses agreed upon as common by all the separate Owners or declared common by provisions of the By-laws.

1.7 "Common profit" means the balance of all income, rents, profits and revenues from the Common Areas and Association dues and Assessments remaining after the deduction of the common expenses.

1.8 "Lot" shall mean any one of the separately identified parcels of real property, numerically described and designated as a Lot on the Plat appended as Exhibit "A."

1.9 "Member" shall mean and refer to an Owner of a Lot. All owners other than Declarant are Class A Members; Declarant shall be a Class B member.

1.10 "Owner(s)" shall mean the record owner, whether one or more persons or entities, of legal title to any Lot which is or may become a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Each Owner shall be a member of the Association.

1.11 "Plat" shall mean each and every Plat filed by the Declarant and recorded in the records of the County Clerk of Oklahoma County, Oklahoma, which covers all or any portion of the Property.

1.12 "Property" or "Homestead" means and includes the real property described above, and such additions thereto and other real property which may be zoned and platted by Declarant for single family residential purposes within the said Southeast Quarter (SE/4) which is annexed to the above-described property and/or brought within the jurisdiction of and subject to assessment by the Association by declaration of the Declarant.

1.13 "Residence" shall mean an improvement constructed for occupancy by a single family located on one Lot. Each Residence shall be constructed in conformity with the architectural and design standards set forth herein or in the By-laws appended hereto.

1.14 "Residential Use" shall mean the occupation or use of a Residence in conformity with this Declaration and the requirements imposed by applicable zoning laws or other state, county or municipal rules and regulations.

1.15 "Single Family" shall mean one or more persons each related to the other by blood, marriage, legal adoption or legal guardianship, or a group of not more than three persons not all so related, who maintain a common household in a Residence. Single Family shall also include domestic servants who maintain a common household in a Residence.

About our association

Declaration

Declaration of Covenants, Conditions and Restrictions of Homestead I, A Residential Subdivision to the City of Edmond, Oklahoma.

This DECLARATION, made as of the 13th day of July, 1995, by Danforth Developers L. L. C., a limited liability company, hereinafter referred to as "Declarant".

WITNESSETH

WHEREAS, Declarant is the owner of certain real estate located in the city of Edmond, Oklahoma County, State of Oklahoma, being part of the SE/4 of Section 21, Township 14 North, Range 3 West of the Indian Meridian, Oklahoma County, Oklahoma, as more particularly described in the Plat, which property has been, or will be in the future, platted into blocks, lots, streets and easements, under the name of Homestead, including as part thereof permanent open areas, playgrounds, parks with improvements, buildings and structures erected or to be erected thereon, and other common facilities for the benefit of this particular community;

WHEREAS, Declarant expressly declares its intention to develop Homestead and all additions thereto as a single family residential development within the provisions of 60 Okla. Stat. §§ 851 through 855, inclusive, in order to insure the management, maintenance, preservation, improvement and control of commonly owned areas or in portion of or interests in or restrictions upon all portions of such separately owned lots, parcels or areas, and to establish an entity and agency for such purpose and, in addition, to collect and disburse the assessments and charges hereinafter created.

WHEREAS, there will be incorporated under the laws of the state of Oklahoma, as a nonprofit corporation, an entity to be known as Homestead Property Owners Association, Inc., For the purpose of exercising the aforementioned functions.

NOW, THEREFORE, Declarant states and hereby declares that the real property described above is and shall be held, sold, conveyed and occupied subject to the conditions, covenants, restrictions, dedications, easements, charges and liens (the "Covenants") hereinafter set forth, together with any additional property as may by subsequent amendment be added to and subjected to these covenants, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the real property. These Covenants shall run with the real property and shall be binding upon, and inure to the benefit of, Declarant and its successors in title, and any and all parties having or acquiring any right, title or any part thereof, and shall be owned in common by the owners of the separately owned lots, parcels or areas. In the original Plat appended hereto, the Common Areas shall consist of Blocks A, B and C. Additionally, the masonry wall, and an easement for the fence maintenance appurtenant to said wall, abutting Homestead Boulevard, as reflected on the Plat, shall also be Common Area.

Article 1 Definitions

The following words, when used in this Declaration or any Supplemental Declaration (unless the context shall so prohibit), shall have the following meanings:

1.1 "Assessments" shall mean that portion of the cost of maintaining, improving, repairing, insuring, operating and managing the Property which is to be paid by each separate Owner as determined by the Association.

1.2 "Association" shall mean and refer to the Homestead Property Owners Association, Inc., a nonprofit corporation to be incorporated under the laws of the state of Oklahoma, its successors and assigns.

1.3 "Board" shall mean the Board of Managers of the Association.

1.4 "By-laws" shall mean and refer to the By-laws of the Association, as such By-laws may be amended from time to time.

1.5 "Common Areas" mean and include all of the area on the Plats not included in the numerically identified lots to be separately owned, whether improved or unimproved, which are owned, leased or controlled by the Association for the common use and enjoyment of members of the Association.

1.6 "Common expenses" means and includes:

1.6.1 Expenses of administration, maintenance, repair or replacement of the Common Areas and improvements thereon;

1.6.2 Expenses agreed upon as common by all the separate Owners or declared common by provisions of the By-laws.

1.7 "Common profit" means the balance of all income, rents, profits and revenues from the Common Areas and Association dues and Assessments remaining after the deduction of the common expenses.

1.8 "Lot" shall mean any one of the separately identified parcels of real property, numerically described and designated as a Lot on the Plat appended as Exhibit "A."

1.9 "Member" shall mean and refer to an Owner of a Lot. All owners other than Declarant are Class A Members; Declarant shall be a Class B member.

1.10 "Owner(s)" shall mean the record owner, whether one or more persons or entities, of legal title to any Lot which is or may become a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Each Owner shall be a member of the Association.

1.11 "Plat" shall mean each and every Plat filed by the Declarant and recorded in the records of the County Clerk of Oklahoma County, Oklahoma, which covers all or any portion of the Property.

1.12 "Property" or "Homestead" means and includes the real property described above, and such additions thereto and other real property which may be zoned and platted by Declarant for single family residential purposes within the said Southeast Quarter (SE/4) which is annexed to the above-described property and/or brought within the jurisdiction of and subject to assessment by the Association by declaration of the Declarant.

1.13 "Residence" shall mean an improvement constructed for occupancy by a single family located on one Lot. Each Residence shall be constructed in conformity with the architectural and design standards set forth herein or in the By-laws appended hereto.

1.14 "Residential Use" shall mean the occupation or use of a Residence in conformity with this Declaration and the requirements imposed by applicable zoning laws or other state, county or municipal rules and regulations.

1.15 "Single Family" shall mean one or more persons each related to the other by blood, marriage, legal adoption or legal guardianship, or a group of not more than three persons not all so related, who maintain a common household in a Residence. Single Family shall also include domestic servants who maintain a common household in a Residence.