Vous êtes sur la page 1sur 9

Accepted: 18 Nov. 08, Adopted: 12 Feb. 09, Filed: 13 Feb.

09, County Doc# 141190

DECLARATION OF RESTRICTIONS
WYNN WOOD HOMEOWNERS ASSOCIATION, INC.
REVISION 008

THIS DECLARATION, made this ________ day of ____________, 2008, by


Wynn Wood Homeowners Association, Inc., a Delaware non-stock corporation

WHEREAS, WYNN WOOD HOMEOWNERS ASSOCIATION, INC., a Delaware non-


stock corporation, hereinafter "Declarant" responsible for seeing that the following restrictions
are carried out by the property owners of all lots and homes situated in North Murderkill
Hundred, Kent County, State of Delaware, and which are shown on the plot of Wynn Wood
subdivision, of record in the Office of the Recorder of Deeds in and for Kent County, at Dover,
Delaware, in Plot book ____, Page ____, and which comprise a part of the same lands and
premises.

NOW THEREFORE, know all men by these presents, that the Wynn Wood Homeowners
Association, Inc., a Delaware non-stock corporation and all property owners within the
subdivision known as Wynn Wood hereby agrees to the following restrictive covenants,
conditions, easements and agreements which it here declares and which shall run with the land
and shall be binding on all parties having or acquiring any right, title or interest in and to the real
property or any part or parts thereof subject to such Restrictions.

1. Definitions. The following words when used in the Declaration (unless another
meaning is clearly intended) shall have the following meaning:
(a) "Declarant" shall mean and refer to Wynn Wood Homeowners Association,
Inc. a Delaware non-stock corporation.
(b) "Properties", "Household", "Home" shall mean and refer to all such properties
as are subject to this Declaration.
(c) "Common Properties" shall mean and refer to those areas of land on any
recorded subdivision plot of the Properties, designated as "Private Open Space", "Conservation
Area", or the like and intended to be devoted to the common use and enjoyment of the owners of
the Properties.
(d) "Lot" shall mean and refer to any plot of land shown upon any recorded and
subdivision map of the Properties with the exception of Common Properties as heretofore
defined.
(e) "Living Unit" shall mean and refer to any portion of a building situated upon
the Properties designed and intended for use and occupancy as a residence by a single family.
(f) "Homeowner" shall mean and refer to the record owner, whether one or more
persons or entities, of the fee simple title to any Living Unit situated upon the Properties but,
notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee
unless and until such mortgagee has required title pursuant to foreclosure or any proceeding in
lieu of foreclosure.

Page 1 of 9
Accepted: 18 Nov. 08, Adopted: 12 Feb. 09, Filed: 13 Feb. 09, County Doc# 141190

(g) "Member" shall mean and refer to all those Homeowners who are members of
the Association as provided in Item "6" hereof.
2. General Prohibitions and Requirements
(a) No living unit shall be constructed on any lot if it has less than 1,400 square
feet of heated, temperature-controlled livable floor space (excluding basement, porch and garage)
for a ranch style dwelling and no less than 1,800 square feet of livable floor space for a two story
dwelling. Each living unit shall be a minimum of 25 feet in width. Each living unit shall, as a
minimum of architectural features, have a bay window, picture window or double window on the
front of the living unit. Should a dwelling be destroyed in any manner it must be reconstructed
with at least 1,400 square feet of heated, temperature-controlled livable floor space (excluding
basement, porch and garage) for a ranch style dwelling and no less than 1,800 square feet of
livable floor space for a two story dwelling. Only private, single family living units are
permitted in Wynn Wood. There shall not be permitted any half-way living units or other
institutional living arrangements.
(b) Window (one or more) shall be present on at least three sides of the home.
Each home and any permitted outbuilding, including but not limited to storage sheds and garages,
shall have matching shutters.
(c) The minimum roof pitch on double-section homes shall be a nominal 5/12, and
the minimum roof pitch on the main sections of triple section homes shall be a nominal 4/12. All
roof shingles, on all sections of a home, as well as on garages, sheds, and other out-buildings
shall be "architectural" in style. Roofing material, on any out-building, shall match, in color and
style, the roofing of the main dwelling.
(d) Each lot will be maintained in presentable condition, free and clear of all
debris, including during construction, high grasses and weeds, i.e. those standing higher than
four inches off the ground. With the exception of trash collection and recycling days, all trash
and recycling containers on each lot shall be stored either within a garage, shed, or otherwise
enclosed so they are concealed from public view.
(e) No trade, business, commerce, industry, profession or occupation which will
generate traffic shall be conducted on any lot, except that a licensed daycare provider shall be
permitted,
(f) No tower for television, radio, cable television, ham radio, C.B., or the like,
nor any satellite dish larger than 24 niches in diameter shall be permitted. A smaller than 24 inch
satellite dish will be permitted, and shall be attached to the rear of any building on that property.
(g) Each home shall be serviced by a driveway leading from the street to the
garage(s), (if any), and must be constructed of solid blacktop or a concrete slab. If there is no
garage, there shall be a paved (blacktop or concrete slab) driveway off the public street wide
enough to accommodate at least three (3) vehicles. (See paragraph 2.(o) hereof for description of
vehicles permitted to be stored on the exterior of any lot)
(h) Any decks or enclosed additions to the house, the plans for which must have
previously been submitted to and approved by the Officers of the Homeowners Association, also
require a permit from Kent County. The foundation must be enclosed. All house foundations
must be poridged or stuccoed block or brick on all sides of the home and garage.
(i) Swimming pools shall be permitted only upon prior submission and written

Page 2 of 9
Accepted: 18 Nov. 08, Adopted: 12 Feb. 09, Filed: 13 Feb. 09, County Doc# 141190

approval by the Officers of the Homeowners Association and Kent County of pool design,
location, specifications and plans for environs thereof. Inflatable children's pools are excluded
from this restriction, but must be no larger than 12', situated in the rear of the house and not on a
permanent basis.
(j) Each lot shall have at least a storage building, being either a garage (attached
or detached) of a minimum of 350 square feet, and/or a wooden storage shed of a minimum of
160 square feet. Only one (1) storage shed may be erected on each lot, and it shall be sited on
permanent, level, concrete pad or level blocks. Garages and storage sheds must be constructed
and finished with identical brand, type and color of vinyl siding, roof shingles and roof pitch,
shutters, windows and pedestrian doors, as those on the home on that lot. Any storage structure
must have at least one window and be located behind the rear of the house and within Kent
County setbacks.
(k) No tent, shack, barn or other out-building, except for a garage or a storage
shed, as defined and described, shall be erected or placed temporarily or permanently on any lot,
neither separately on such lot nor attached to the primary building erected on such lot, provided,
however, that the Officers of the Homeowners Association may grant permission for any such
temporary structure for storage of materials during construction. Tents erected for personal use
must be approved by the Officers of the Association and removed according to directives issued
with their approval.
(l) No dog pen, no dog run, nor other similar animal structure shall be effected or
placed temporarily or permanently on any lot. However, a dog house is permitted if it is placed
within ten (10) feet of the rear of the house.
(m) No farm animal (including but not limited to horses, cows, pigs, goats, geese
and chickens) may be kept on any lot.
(n) All lots, whether occupied or unoccupied, and any improvements placed
thereon, shall at all times be maintained in such a manner as to prevent their becoming unsightly
by reason of unattractive growth on such lot or the accumulation of rubbish or debris thereon.
All articles must be contained and stored either within the home, garage or permitted outbuilding.
There shall be no outside storage of any articles on any lot. See provisions for trash cans and
recycling containers in (d) above.
(o) No unlicensed, unregistered or un-streetworthy vehicles, and no commercial
vehicles over one ton payload will be permitted on the exterior of any lot. A boat, travel trailer
or camper may not be stored outside except at the rear 30 feet of a lot; however they may be
stored inside that home's garage or storage building. No travel trailer, motor home, or camper
shall be used as living quarters, however, in extreme cases, the Officers may grant a written
waiver.
(p) No on-street overnight parking shall be permitted in Wynn Wood. No
vehicles over 8,000 pounds are permitted on community roads except for local deliveries and
community services.
(q) The front entrance into the home shall be accessed by a porch, deck or patio at
least 4' by 4' in size, the base of which must be solid or enclosed.
(r) Air conditioning shall be provided by central air conditioning units only. The
condenser for same shall be located at the side or at the rear of the home. No window air

Page 3 of 9
Accepted: 18 Nov. 08, Adopted: 12 Feb. 09, Filed: 13 Feb. 09, County Doc# 141190

conditioner units shall be permitted. However, in extreme cases, the Officers of the
Homeowners Association may grant a written waiver until the emergency ceases, after which
time the window air conditioner must be removed.
(s) Fences up to 4-1/2 feet high, or split-rail, or picket type, and constructed of
vinyl or wood, shall be permitted starting at the rear corner of the home, extending away from
the home, towards the side and/or rear property line, or as otherwise approved by the Officers
and Kent County in writing prior to start of construction of the fence. The design and materials
to be used in any fences must be approved by the Officers in writing prior to the start of
construction of any fence.
(t) A concrete sidewalk shall connect the driveway to the front door of each home.
(u) Above-ground storage tanks are prohibited.
(v) Exterior doors shall be "residential" in quality and style.
(w) No signs shall be erected on any lot except for signs advertising the property
for sale or rent, which signs shall not exceed ten (10) square feet.
(x) No permanent exposed clothes line shall be maintained on any lot, except for a
retractable clothes line attached to the home and taken down when not in use.
(y) No property owner shall disturb, remove, damage or alter any Common
Properties without the express written consent of the Officers of the Homeowners Association.
Should any property owner violate this restriction, they shall be liable for the entire cost of
replacing, repairing, or correcting the damage or alteration done by the property owner. The
Declarant shall have the right to go to Court to enforce and/or collect damages for any such
violation, and thereafter, to use any legal means to collect damages, together with all legal costs,
including placing a lien on the homeowner's real property or personal property, and using
Sheriffs sale to collect the sums owed.
(z) Plans for installation of alternate energy producing devices, such as solar
panels or the like, or windmills must be submitted for approval to the Officers of the
Homeowners Association. Written approval must be obtained prior to installation.
(z. 1) No additional wells are permitted on homeowner properties without prior
approval of Kent County.
(z.2) No powered recreational vehicles, such as scooters, golf carts, go carts, dirt
bikes, etc. are permitted on Common Properties and Conservation areas. Wynn Wood
Homeowners Association, Inc. is not responsible for injuries or damage as a result of violation of
this restriction.
3. Approval of Construction Plans
(a) Declarant must review and approve in writing all plans and exterior house
colors before a building permit from Kent County is obtained prior to construction. Exterior
home colors must be in conformity with existing colors within the community.
(b) Any additions to the house or exterior buildings shall be permitted only after
first submitting plans to the Officers of the Homeowners Association prior to obtaining a
building permit from Kent County. Approval from the Officers must be in writing. Failure of
the Officers to respond to a written request for approval within thirty (30) days of the request
shall be deemed approval.
4. Construction

Page 4 of 9
Accepted: 18 Nov. 08, Adopted: 12 Feb. 09, Filed: 13 Feb. 09, County Doc# 141190

(a) There shall be a lien on each lot in favor of Declarant in the amount of all
repair costs for any damage to the rolling curb specific to that lot while housing construction on
that lot is ongoing. Each property owner shall be financially responsible for all such costs of
repair for the curb specific to his/her/their lot, and the lien on such owner's lot shall secure
his/her/their obligation to Declarant to pay all such repair costs.
(b) Once construction of any building has been started, such construction shall
proceed without delay until the same is completed, unless such delay is attributable to a cause or
causes beyond the control of the owner, builder or contractor, as the case may be. Cessation of
work upon the construction of any building once started and before completion thereof for a
continuous period of sixty (60) days shall be prima facie evidence of an attempt to abandon the
same in its partially completed state, and the same shall be deemed a public nuisance.
5. Declarant's Rights
(a) Declarant may assign (in whole or in part) to another person, firm or
corporation, the Association's rights, duties and/or options hereunder.
(b) These Restrictive Covenants may be amended by the Declarant alone.
Property owners may petition, in writing, the Declarant to amend any of the covenants. Should a
Restrictive Covenant be deemed in need of change, the Officers shall notify, in writing, each
household of the proposed change(s). They shall then place the change(s) before the property
owners at the next general meeting to be voted on by the general membership, either in person or
by mailed in ballots. Passage shall require a 2/3rds vote of the mailed in ballots, the proxies, and
the votes cast in person at such meeting.
(c) The Common Properties of Wynn Wood can not be mortgaged or conveyed
without the consent of at least 2/3rds of the property owners.
6. Membership and Voting Rights
(a) Every person or entity who is an owner shall by virtue of his/her, their or its
acceptance of such ownership automatically become a member of the Homeowners Association.
(b) Each member shall be entitled to one (1) vote for each household in which
such member is an owner. When more than one person or entity shall hold an ownership interest
in a property, they shall each be members, but the vote for such property shall be exercised as
they among themselves may determine, but in no event shall more than one (1) vote be cast with
respect to any such property.
7. Property Rights in the Common Properties
(a) Members' Easements of Enjoyment - Subject to the provision of part (c) of this
Item 7, each member shall have a right and easement of enjoyment in and to the Common
Properties and such easement shall be appurtenant to and shall pass with the title to every
property. Refer to General Prohibitions, paragraph 2, (z.2).
(b) Title to Common Properties - The Declarant shall hold legal title and be
responsible to maintain the same.
(c) Extent of Members' Easements - The right and easements of enjoyment
created hereby shall be subject to the following:
(i) The right to the Declarant is provided in its Articles and By-Laws to suspend
the enjoyment rights of any property owner for any period during which any assessment remains
unpaid, and for such period as the Declarant deems proper for any infraction of its published

Page 5 of 9
Accepted: 18 Nov. 08, Adopted: 12 Feb. 09, Filed: 13 Feb. 09, County Doc# 141190

rules and regulations, and


(ii) The right of the Declarant to dedicate or transfer all or any part of the
Common Properties to any public agency, authority or utility for such purposes and subject to
such conditions as may be agreed to by the members provided that no such dedication or transfer,
determination as the purposes or as to the conditions thereof, shall be effective unless an
instrument signed by members entitled to cast 2/3rds of the votes has been recorded, agreeing to
such dedication, transfer, purpose or condition, and unless written notice of the purposed
agreement and action thereunder is sent by certified, return receipt mail to every member at least
ninety (90) days in advance of any action taken.
8. Covenant for Maintenance Assessments
(a) Creation of the Lien and Personal Obligation of Assessments - The Declarant
hereby covenants, and each owner of any property, 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 Declarant annual assessments or charges. The annual assessments, together
with such interest thereon and costs of collection thereof as hereinafter provided, shall be a
charge on the property and shall be a continuing lien upon the property against which each such
assessment is made. Each such assessment, together with such interest thereon and cost of
collection thereof as hereinafter provided, shall also be the personal obligation of the owner of
such property at the time when the assessment fell due.
(b) Purposes of Assessments - The assessments levied by the Declarant shall be
used exclusively by the Officers of the Wynn Wood Homeowners Association for the purposes
of promoting the recreation, health, safety and welfare of the residents and in particular for the
improvement and maintenance of the properties, services and facilities devoted to this purpose
and related to the use and enjoyment of the Common Properties, including but not limited to the
payment of taxes and insurance thereon and maintenance, repair, replacement and additions
thereto, and for the cost of labor, equipment, materials, management and supervision thereof.
(c) Right to Fix Annual Assessments - The Declarant may, at any time, from time
to time, set such annual assessments as it deems necessary to carry out the duties and obligations
of the Declarant as set forth herein, and as they may change from time to time. Any change in
said assessment must be approved by a 2/3rds majority of the votes to which members may be
entitled which may be cast, whether in person or by proxy, at a meeting duly called for this
purpose, written notice of which shall have been sent to all members at least thirty (30) days in
advance of the time set for said meeting, which said notice shall set forth the purpose of the
meeting. The annual assessment shall be the same dollar amount for each property.
(d) Due Dates - The annual assessment shall be for the balance of calendar year
and shall fall due and payable on the first day of January of that calendar year. The assessment
notices shall be mailed out by the Treasurer fifteen days in advance of the due date. Late fees
will be assessed on February 1st for non-payment.
(e) The amount of the assessment which may be levied for Wynn Wood shall be
one hundred and fifty dollars ($150.00), or as fixed by the Officers of the Association.
Assessments for future years will be fixed in accordance with part (c) of this Item, expressly
excepting., however, that in no instance shall said dues/assessment exceed in amount the
maximum amount permitted by the Department of Housing and Urban Development for a

Page 6 of 9
Accepted: 18 Nov. 08, Adopted: 12 Feb. 09, Filed: 13 Feb. 09, County Doc# 141190

development to qualify for diminimus HUD approval. Any property owner who is late in paying
the annual assessment shall be assessed an additional late fee of 10%.
9. Wynn Wood Homeowners Association, Inc.
(a) Every person who acquires title, legal or equitable, to any property in the
Wynn Wood Subdivision shall become a member of the Wynn Wood Homeowners Association,
Inc., a Delaware non-profit corporation, herein referred to as the Association provided, however,
that such membership is not intended to apply to those persons who hold an interest in any such
property merely as security for the performance of an obligation to pay money. However, if such
a person should realize upon his security and become the real owner of a property within the
Wynn Wood Subdivision, said person will then be subject to all the requirements and limitations
imposed herein, including, but not limited to, payment of the annual assessment.
(b) The general purpose of the Association is to further and promote the
community welfare of property owners in the Wynn Wood Subdivision.
(c) The Association shall also be the means for the promulgation and enforcement
of all regulations necessary to the governing of the Wynn Wood Subdivision.
(d) The Association shall have all the powers that are set out in its Articles of
Incorporation and all other powers that belong to it by operation of law.
(e) The Officers of the Association shall have the right to suspend the voting
rights of any member for any period during which an Association assessment owed by that
member remains unpaid, and/or during a period of any continuing violation of these restrictive
covenants after the violation.
10. Duties of the Officers
(a) The Officers of the Association shall fix the amount of the assessment in
accordance with Item 8(e).
(b) The Officers of the Association shall prepare and maintain a roster of the
properties subject to assessment and record of assessment payments, which roster and record
shall be kept by the Secretary of the Association and shall be open to inspection by an Owner.
(c) The Officers of the Association shall cause written notice of each year's
assessment to be sent to every Owner.
(d) The Officers of the Association shall put in place expedited procedures to
furnish upon demand by any Owner liable for said assessment a certificate in writing signed by
an Officer of the Association, setting forth whether said assessment has been paid. Such
certificate shall be conclusive evidence of payment of any assessment therein stated to have been
paid.
(e) The Officers of the Association shall have the authority to maintain, repair,
replace, equip, manage, insure and supervise all the Common Properties.
(f) The Officers have the authority to sign all documents required to be
maintained by the Association at the county or state level.
11. Effect of Non-Payment of Assessment; The Personal Obligation of the Owner;
The Lien Remedies of the Association - If the assessments are not paid on the date when due,
then such assessment shall be delinquent and shall, together with such interest thereon and cost
of collection bind such property in the hands of the then owner, his/her/their heirs, devisee,
personal representatives and assigns. The personal obligations of the then owner to pay such

Page 7 of 9
Accepted: 18 Nov. 08, Adopted: 12 Feb. 09, Filed: 13 Feb. 09, County Doc# 141190

assessment, however, shall remain his/her personal obligation for the statutory period and shall
not pass to his/her/their successors in title unless expressly assumed by them. If the assessment
is not paid by the due date a late fee of 10% of the current annual fee will be assessed, and the
Association may bring an action at law against the owner personally obligated to pay the same or
to foreclose the lien against the property, and there shall be added to the amount of such
assessment the costs of preparing and filing the complaint in such action, and in the event a
judgment is obtained, such judgment shall include interest on the assessment as above provided,
and reasonable attorney's fees, together with the costs of the action.
12. Subordination of the Lien to Mortgagees - The lien of the assessments provided for
herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed
upon the properties subject to assessment, provided, however, that such subordination shall apply
only to the assessments which have become due and payable prior to a sale or transfer of such
property pursuant to a decree of foreclosure or any other proceeding in lieu of foreclosure. Such
sale or transfer shall not relieve such property from liability for any assessment thereafter
becoming due, nor from the lien of any such subsequent assessment.
13. Exempt Property - The following property subject to this Declaration shall be
exempt from the assessment, charges and liens:
(a) All Common Properties as defined herein above;
(b) All streets and all other portions to the Properties dedicated to public use.
14. Duration - 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 land subject to this Declaration, their respective legal representatives, heirs,
successors and assigns, in perpetuity.
15. Notices - Any notice required to be sent to any member or owner under the
provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid,
to the last known address of the person who appears as member or owner on the records of the
Association at the time of such mailing, except as may be otherwise provided herein above.
16. Enforcement - Enforcement of these Covenants and Restrictions shall be by any
proceeding at law or in equity against any person or persons violating or attempting to violate
any Covenant or Restriction, either to restrain violation or to recover damages, and against the
land to enforce any lien created by these Covenants; and failure by the Association to enforce
any Covenant or Restriction herein contained shall in no event be deemed a waiver of the right to
do so thereafter.
17. Severability - Invalidation of any one of these Covenants or Restrictions or any
portion thereof by judgment or court order shall in no way affect any other provisions which
shall remain in full force and effect.

Page 8 of 9
Accepted: 18 Nov. 08, Adopted: 12 Feb. 09, Filed: 13 Feb. 09, County Doc# 141190

IN WITNESS WHEREOF, the Wynn Wood Homeowners Association, Inc. has executed this
Declaration the day and year aforesaid.

Wynn Wood Homeowners Association, Inc.


A Delaware non-stock corporation

_______________________ By: _________________________ (seal)


WITNESS Title: _________________________

STATE OF DELAWARE
COUNTY OF __________________

BE IT REMEMBERED, that on this ______ day of __________, 2009 personally came


before me, the Subscriber, a Notary Public for the State and County of Aforesaid,
_________________________ an Officer of the Wynn Wood Homeowners Association, Inc. a
Delaware non-stock corporation, party to this indenture, known to me personally to be such, and
acknowledged this Indenture to be his/her act and deed and the act and deed of the Association.

Given under my Hand and Seal of Office, the day and year aforesaid.

_________________________
NOTARY PUBLIC

Page 9 of 9