Amended Pipestem Pointe Protective Covenants Property Description
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Pipestem Pointe subdivision is shown on Map A-116 in Cabinet A and described in Deed Book 157 pages 537 through 542 and Deed Book 158 pages 446 through 448 in Summers County Tax records described as Pipestem Pointe. The record owner of each lot in the Subdivision is a member of Pipestem Pointe Property Owners Association (PPOA) a West Virginia non-profit association.
Pipestem Pointe Mission Statement
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The purpose of the Pipestem Pointe Property Owners Association (PPPOA) shall be to promote, encourage and work for the health, safety and welfare of the residents of the Subdivision by providing, operating and maintaining common community properties and facilities including, but not limited to parks, playgrounds and other recreational facilities including buildings, structures and personal properties incident thereto, to provide maintenance, repair and upkeep of streets, alleyways, storm sewers and easements within the Subdivision that are owned by the PPPOA, to regulate the use of streets and alleyways that are owned by the PPPOA, to acquire, hold, own, manage lease, mortgage or otherwise deal in and dispose of real or personal property of every kind and character, to accept gifts thereof, and to do all other acts and things and things permitted by the laws of the State of West Virginia which shall at any time appear to be conducive to, or expedient for the accomplishment of these purposes and objectives.
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Covenants
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I. Dedication of Streets, Rights-of-Way, and Green Areas to Present Owners of Pipestem Pointe
A. The lot owners will not make requests that any roadway be taken over by the Department of Highways unless and until said roadway has been brought up to Department of Highways specifications.
B. All roadways shown on recorded maps are dedicated for use by owners of lots in Pipestem Pointe, including the free use thereof for the installation, maintenance, and operation of public utilities.
C. The PPPOA hereby reserves Rights of Way in, over, through, and acrosseach lot and/or roadways for constructing, maintaining, repairing, and replacing lines of utilities and for water drainage, including but not limited to gas, water, electric, telephone, television cable, sanitary sewer, and storm drain for the common use and benefit of all lot owners, but such easements shall be located, used and enjoyed in such a manner as not to unreasonably disturb or damage said lots or interfere with the ordinary use and enjoyment thereof.
II. Lot usage
A. All lots within the Subdivision shall be for residential purposes only.
B. No lot may be re-subdivided by any lot purchaser.
C. No permanent non-residential building shall be erected on any lot prior to erection of the residence thereon. No temporary buildings shall be erected or placed on any lot.
D. Once a primary residence has been built, property owners who own two adjacent lots
may build a detached garage and/or an outbuilding on the adjacent lot.
E. Mobile homes and/or double wide units, camping trailers, recreational vehicles and/or
motor homes may not be parked on any lot for any purpose or period of time, however, guests of lot owners may park their motor homes or camping trailers on the host’s lot for no more than two weeks. Temporary trailers will be permitted during construction, but must be removed after a period of two years or upon completion
of construction, whichever occurs first.
F. No trailers, basements, tents, shacks, trucks, buses, old cars, or unsightly vehicles of any type or description may be left or abandoned on said lots nor may they be used as a temporary or permanent residence.
G. No billboards or advertising of any nature shall be erected, placed or maintained on any lot within the Subdivision except for sale of homes and lots.
H. No commercial or industrial activities shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
I. No livestock of any kind shall be kept on any of the lots other than such pets as housecats, dogs, or birds usually kept in a house.
K. All lots shall be maintained upon construction of residence in a neat and orderly manner. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in containers. All such
containers shall be maintained in a clean and sanitary condition.
L. Three wheelers, four wheelers, and snowmobiles are prohibited in Pipestem Pointe. Motorcycles and golf carts may be used as a way of ingress and egress from the perspective lot to the public highways. Motorcycles and golf carts must have a factory exhaust and must be operated in a safe manner. No excessive noise from any motorcycle or golf cart will be tolerated.
M. Hunting and trapping are not permitted on any lots.
N. No clotheslines will be visible from the road.
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III. Property Owners Association
A. Each original owner and each successive owner of each lot shall, by accepting
title thereto, become a member of the Pipestem Pointe Property Owners Association, organized as a maintenance association, who purpose is to maintain roadways, surface water drainage, ditches, and to generally oversee and manage the present subdivision, its covenants and provisions.
B. The Pipestem Pointe Property Owners Association will hold an annual meeting to conduct any business that needs to be covered. Sixty percent of all lot owners must be present in person or by proxy to constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth herein, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty days following the preceding meeting. These provisions are subject to approval or modification of a two-thirds vote of the lot owners.
C. Before construction of a new residence begins, a fee of $500.00 will be assessed for the maintenance and repair of roadways due to heavy use of construction equipment.
D. Pipestem Pointe Property Owners Association is hereby authorized to assess lot owners an annual fee in the sum of $300.00 per lot, which sum may be increased from time to time as determined necessary by the said Association, but such increase may not exceed 10% of the previous year’s assessment. Payment of assessment shall be made on or before the 31st day of May following the purchase of said lot, and on or before the 31st day of May each succeeding year thereafter.
E. The regular assessments provided for herein shall commence as to all lots on the first day of the month following the closing.
F. In addition to the annual assessments authorized above, Pipestem Pointe Property Owners Association may levy in any assessment year a special assessment, for the purpose of defraying, in whole or in part, the cost of any repair or maintenance of the roadways, construction or reconstruction, unexpected repair, or replacement of a described capital improvement, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes present or by proxy with one vote per lot owned. Written notice of a meeting duly called for this purpose shall be sent to all lot owners setting for the purpose of the meeting not less than thirty days nor more than sixty days in advance of the meeting.
G. Both regular and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly, quarterly, semi-annual or annual basis as the Pipestem Pointe Property Owners Association may determine.
H. Any assessments, which are not paid when due, shall be delinquent. If the Assessment is not paid within 30 days after the due date, the assessment shall bear interest commensurate with current rates, and Pipestem Pointe Property Owners Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs, and reasonable attorney’s fees of any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use or abandonment of his or her lot. Nothing herein shall be construed to allow this lien to have priority over a
purchase money deed of trust with a bona fide financial institution or the Developer.
I. Each owner of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to Pipestem Pointe Property Owners Association (a.) annual assessments or charges herein stated and (b.) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against
which each such assessment is made.
IV. Road Maintenance
A. The Pipestem Pointe Property Owners Association shall establish a Road Maintenance Committee of at least three lot owners. The committee shall be responsible for surveying road maintenance needs, correcting minor road problems, making recommendations with regard to major maintenance and special assessments, setting speed limits, maintaining land under power lines and reporting to the Pipestem Pointe Property Owners Association and such other duties as the Pipestem Pointe Property Owners Association may specify.
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V. Architectural Controls
A. The President shall select an Architectural Control Committee of at least three lot owners.
B. A floor plan with at least two elevations and specifications must be submitted to
the Architectural Control Committee for approval. Written approval will be issued within sixty days from the date of request for approval. In the event the committee fails to approve or disapprove such design and location within sixty days after plans have been submitted, approval will not be required and this Article will be deeded to have been fully complied with.
C. No more than one single family residence and a detached garage and/or utility building shall be erected on any lot within Pipestem Pointe, and no residence shall be erected on any lot containing less than fifteen hundred (1500) square feet exclusive of basements, porches, garages or carports, and not less than twelve hundred (1200) square feet shall be on the main floor. Homes may be constructed as stick-built, modular, or pre-tap log. Exterior of homes must conform with the natural environment, such as wood and/or stone. Engineered sidings such as wood imitation cement boards will be considered. Wood may be stained or painted but the color must conform with the Natural Environment. Preferred roofs should be, cedar shakes, slate or a cedar shake/slate look alike. Laminated asphalt/fiberglass shingles and Steel panel roofs will be considered.
E. Doors of attached garages should not face roadways. A lot owner may apply to the Architectural Control Committee for an exception.
F. Each lot purchased will be cleared of underbrush back to 35 feet from the roadway within a reasonable length of time after purchase, and thereafter, shall be maintained in this manner and condition until such time as construction begins. G. No live tree shall be cut with a diameter of more than six inches. However, trees may be cut in order to construct a residence, driveway, fence, or an approved outbuilding. Trees, which pose a danger to life or property, may be removed.
H. No building shall be erected closer than thirty-five feet to any roadway or closer than twenty-five feet to the side or rear lot lines. A lot owner may apply to the Architectural Control Committee for permission to reduce the setback where the topography is unusual. In no event shall the setback be less than twenty feet.
I. No driveway may be connected to the roads within the Subdivision without installing drainage culverts at least 12” in diameter and twenty feet in length, except where the Road Maintenance Committee determines such culvert to be unnecessary.
J. When a residence is constructed upon said lot, provision will be made for off- street parking.
K. All sanitary facilities on said lots shall conform to the regulations of the West Virginia Health Department and this shall include the installation of septic tank systems and similar systems, which shall not be installed in any lot without prior approval of the Summers County Health Department. Outside privies are strictly prohibited.
L. Exterior construction must be closed in within six months of the commencement of construction. From and after completion of construction of the primary residence, no building, fence, wall or other structure shall be commenced, erected or maintained, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials,
color, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Architectural Control Committee. Any such exterior addition to or change or alteration made without application having first been made and approval obtained as provided herein, shall be deemed to be in violation of this covenant and may be required to be restored to the original condition at the owner’s cost.
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VI. General Provisions
A. Enforcement. Pipestem Pointe Property Owners Association, or any owner of a lot, shall have the right to enforce, by any proceeding at law or in equity, all provisions, conditions, covenants, reservations, liens and charges now or hereafter of Pipestem Pointe Property Owners Association or by any owner of any lot, to enforce any covenant or provision herein contained shall in no event be deeded a waiver of the right to do so thereafter.
B. Amendments. These covenants and provisions shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by Pipestem Pointe Property Owners Association, or the owner of any lot subject to this Covenant, their respective legal representatives, heirs, successors and assigns, for a term of thirty years from the date these Covenants are first recorded in the Office of the Clerk of the County Commission of Summers County, West Virginia, after which time said covenants and provisions shall be automatically extended for successive periods of ten years. These covenants and provisions may be amended by an instrument signed by not less 70% of the lot owners.
C. Invalidation of any of these covenants by judgment of court order, shall in nowise affect any of the provisions which shall remain in force and effect.