01116072
REC: CONV. BOOK 2378 page 578:tcs
STATE OF LOUISIANAPARISH OF CADDO
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
NORTHWOOD HILLS SUBDIVISION
BEFORE
ME, the undersigned authority, duly commissioned and qualified, personally came
and appeared:
CLEMENTS & CORLEY, INC., a Louisiana corporation domiciled in
Shreveport, Caddo Parish, Louisiana,
appearing herein through and represented by CARL R. CORLEY,
Secretary-Treasurer, duly authorized to act herein; hereinafter referred to as
“Declarant”,who declared that:
Declarant has filed for record in Caddo Parish, Louisiana, the plat of subdivision of NORTHWOOD HILLS SUBDIVISION, a subdivision of Caddo Parish, Louisiana, as per plat recorded under Registry No. 01115006, Conveyance Records of Caddo Parish, Louisiana, consisting of lots numbered 1 through 210, inclusive. Declarant is the sole owner of the entire tract covered thereby.
Declarant hereby subjects said
property to the restrictions, covenants and conditions hereinafter stated to
enhance and protect the value, desirability and attractiveness of said
property.
All of said property above described
shall be owned, held, sold, encumbered, and conveyed subject to the following
restrictions, covenants, and conditions, which said restrictions, covenants,
and conditions shall be covenants running with the land and binding on all
parties having or acquiring any interest in said properties or any part
thereof, and shall inure to the benefit of each owner thereof.
ARTICLE
I
DEFINITIONS
Section 1. “Association shall mean and refer to
Northwood Hills Homeowners Association, Inc., a Louisiana non-profit corporation.
Section 2. “Declarant shall mean and refer to Clements
& Corley, Inc., its successors or assigns, if such successors or assigns
should acquire more than one undeveloped Lot from Declarant for the purpose of
development.Section 3. “Lot” shall mean and refer to any regularly subdivided lot of land shown upon any recorded subdivision map of the Properties (as hereinafter defined) filed by Declarant. The term “Lot shall also include any Resubdivided Lot permitted hereunder.
Section 4. “Member” shall mean and refer to every person
or entity who holds membership in the Association.
Section 5. “Owner” shall mean and refer to the record
owner, whether one or more persons or entities of any Lot but excluding those
having such interest merely as security for the performance of an obligation.
Section 6. “Properties” shall mean and refer to Lots One
(1) through Two Hundred Ten (210), Northwood Hills, a subdivision of Caddo
Parish, Louisiana.
Section 7. “Group I Lots” shall refer to Lots 1 through
63, inclusive.
Section 8. “Group II Lots” shall refer to Lots 64
through 210, inclusive.
Section 9. “Common Area” shall mean all immovable
property (including the improvements thereto) owned by the Association for the
common use and enjoyment of the Owners.
The Common Area to be owned by the Association at the time of the
conveyance of the first lot is described as follows:
Tract “X,” NORTHWOOD HILLS SUBDIVISION, a subdivision of Caddo
Parish, Louisiana, as per plat thereof recorded under Registry No. 01115006,
Conveyance Records of Caddo Parish, Louisiana.
ARTICLE II
PROPERTY RIGHTS
Section
1. “Owners’ Easements of Enjoyment. Every Owner (except Declarant) shall have a
right and easement of enjoyment in and to the Common Area which shall be
appurtenant to and shall pass with the title to every Lot, subject to the
following provisions:
(a) The right of the Association to charge
reasonable admission and other fees for the use of any recreational facility situated upon the Common Area.
(b) The right of
the Association to suspend the voting rights and right to use of the
recreational facilities by any Owner for any period during which any assessment
against his Lot remains unpaid; and for a period not to exceed 60 days for any
infraction of its published rules and regulations.
(c) The right of
the Association to dedicate or transfer all or any part of the Common Area to
any public agency, authority or utility for such purposes and subject to such
conditions as may be agreed to by the members.
No such dedication or transfer shall be effective unless an instrument
agreeing to such dedication or transfer signed by 2/3 of each class of members
has been recorded.
Section 2.
Delegation of Use. Any
Owner may delegate, in accordance with the By-Laws, his right of enjoyment to
the Common Area and facilities to the members of his family, his tenant, or
contract purchasers who reside on the property.
MEMBERSHIP
AND VOTING RIGHTS
Section
1. Membership in Homeowners
Association. Every Owner of a Lot
which is subject to assessment and the Declarant, its successors and assigns,
shall be a member of the Association.
Membership shall be appurtenant to and may not be separated from
ownership of any Lot.
Section
2. Voting Membership. The Association shall have two classes of
voting membership:
Class A: Class
A members shall be all Owners, with the exception of the Declarant, and shall
be entitled to one vote for each Lot owned.
When more than one person holds an interest in any Lot, all such persons
shall be members. The vote for such Lot
shall be exercised as they determine, but in no event shall more than one vote
be cast with respect to any Lot.
Class B: The Class B member(s) shall be the Declarant,
its successors or assigns, and shall be entitled to four (4) votes for each Lot
owned. The Class B membership shall
cease and be converted to Class A membership on the happening of either of the
following events, whichever occurs earlier:
(a)
When the total votes outstanding in the Class
A membership equal the total votes outstanding in the Class B membership, or
(b) On
January 1, 1996 (Third Amendment dated February 15, 1993)
COVENANT FOR
MAINTENANCE ASSESSMENT OR CHARGES
Section 1. Creation of Owner’s Personal Obligation
for Payment of Certain Charges and Assessments. The Association is authorized to levy and
collect charges and costs assessed by it against each Lot and the Owner thereof
as hereinafter provided. Each Owner, by
acceptance of a deed for any Lot or interest therein, whether or not it be
expressed in any deed or other conveyance, is deemed to covenant and agrees to
pay to the Association costs assessed to Owner of Lots as follows:
(1) Annual assessments or charges, and
(2) Special
assessments or charges for capital improvements,
As may be
fixed, established, and collected by the Association from time to time as
hereinafter provided. Each such
assessment or charge, together with twelve percent (12%) per annum interest
thereon from the due date until paid, all costs and reasonable attorney’s fees,
shall be the personal obligation of the person who is the Owner of the Lot at
the time the assessment or charge was made or became due. This personal obligation for charges already
accrued shall not pass to his successors in title unless expressly assume by
them.
Section 2. Purpose of Assessments or Charges. Revenues derived from assessments or charges
levied by the Association shall be used exclusively for the recreation, health,
safety and welfare of its Members, for improvement and maintenance of the
Association’s properties, and for the facilities related to the common benefit
of all the Members.
Section 3. Bifurcation of Association Assessments and
Charges. Because of the difference
in size and developmental concept of Lots 1 through 61 (“Group I”), as opposed
to Lots 64 through 210 (“Group II”), the Association is bifurcated to the
extent necessary to allow the Owners of Group I to provide for separate and
distinct amenities, dues, assessments and other provisions related to this
particular group of Lots. The Owners of
these separate groups of Lots have the right to meet and cast votes as to
matters pertaining solely to their group of Lots without reference to the other
Lot Owners. Provided, however, that the
Owners of one group of Lots may take no unilateral action affecting the rights,
privileges and obligations of the Owners of the other Lots. Matters affecting all Lots of the subdivision
in general shall be dealt with by the Association as a whole.
A separate accounting system shall
be established within the Association in order to properly segregate the assets
and liabilities as to each group of Lots.
Section 4. Annual Assessments. Until January 1, 1988, the maximum annual
assessment shall be as follows:
Group I Vacant Lots, $100.00 per Lot.
Group I Lots (Improvements under
Construction or Completed), $150.00 per Lot.
Group II Vacant Lots, $125.00 per Lot
Group II Lots (Improvements under
Construction or Completed), $200.00 per Lot.
The Declarant, its successors or
assigns, shall pay annual dues, but shall have no right to the use of
the Common Area, other than for
maintenance purposes. The Declarant,
successors or assigns, is obligated to maintain those vacant lots yet owned by
it or the subdivision. (Includes Third Amendment dated February 15,
1993.)
(a) Effective January 1, 1988, the maximum annual
assessment may be increased each year without a vote of the Members to reflect
the rise, if any, in the cost of living experienced in the preceding calendar
year as shown by the Consumer Price Index for all Urban Consumers (CPI-U),
national average, as published by the U. S. Department of Labor’s Bureau of
Labor Statistics (or successor thereto).
(b) From and
after the first day of January, 1988, the maximum annual assessment may be
increased above that established by the rise in the cost of living determined
as provided in sub-paragraph (a) above, by a vote of the Members. Members who are delinquent in any amount owed
the Association shall not be entitled to vote until such delinquency is paid in
full. Increases above that established
by the rise in the cost of living shall have a maximum duration of two (2)
years, after which period Members may vote in the manner provided hereinafter
to reinstate additional increases, provided that any such change shall
have either (i) the written assent of two-thirds (2/3) of the authorized votes
of Members in lieu of a formal meeting, or (ii) by majority vote of authorized
Members, voting in person or by proxy, at a meeting duly called for this
purpose, written notice of which shall be sent to all Members not less than
thirty (30) days nor more than sixty (60) days in advance of the meeting
setting forth the purpose of the meeting.
The quorum requirement of the meeting is set forth in Section 6
hereinafter.
(c) After
consideration of maintenance costs and future needs of the Association, the
Board of Directors of the Association may fix the annual assessment or charge
at an amount not in excess of the maximum hereinabove provided.
(d) Assessments
shall be prorated and collected so that all come due and payable uniformly
during the month of January of each year.
Upon closing of a sale of a Lot, the Member shall pay his pro rate
portion of the remaining year’s assessment to the Association. Assessments shall also be prorated as to a Lot
which was vacant for a portion of an assessment year.
Section 5. Uniform Rate of Assessment or Charge. Both regular and special assessments or
charges must be fixed at a uniform rate for all Lots within each Group and
shall be collected on an annual basis.
Section 6. Quorum for any Action Authorized under
Section 3. At the first meeting
called, as provided in Section 4(b) hereof, the presence at the meeting of
Members (or their proxies) entitled to cast sixty (60%) per cent of all the
authorized votes of Members of the Association (or, in a proper case, a Group)
shall constitute a quorum. If the
required quorum is not present at any meeting, another meeting may be called,
subject to written notice of not less than fifteen (15) nor more than thirty
(30) days of the time and purpose of the meeting, and the required quorum at
any subsequent meeting shall be one-half (1/2) of the required quorum at the
preceding meeting.
Section 7. Effect of Non-Payment of Assessments or
Charges. Remedies of the Association. Any assessment or charge which is not paid
when due shall be delinquent. If the
assessment or charge is not paid within thirty (30) days after the due date,
the assessment or charge shall bear interest from the date of delinquency at
the rate of twelve (12%) percent per annum until paid, and may be collected in
any lawful manner. No Owner may waive or
otherwise escape liability for the assessments or charges provided for herein
by abandonment of his Lot.
ARTICLE V
ARCHITECTURAL CONTROL
Section 1. Architectural Control Committee. No building, fence, wall, or other structure
shall be commenced, erected, or maintained upon any lot, 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 and location
of the same, shall have been submitted to and approved in writing as to the
harmony of external design and location in relation to surrounding structures,
topography and tree density by an Architectural Control Committee composed of
three (3) representatives initially appointed by Declarant.
The members
of the Architectural Control Committee are as follows:
C.
MICHAEL CAPE
SCOTT
SHIRLEY
DAVID
LEGAN. (Includes Third Amendment Dated
February 15, 1993)
And said
members of the Architectural Control Committee shall serve until replaced or
until new members are designated by Declarant.
The initial address of the Architectural Control Committee is 1324 N.
Hearne, Shreveport, Louisiana 71107.
When Declarant no longer owns
property within the subdivision, the Architectural Control Committee shall then
be composed of property owners within the subdivision who have been elected by
a majority of the lot owners. Those
members shall serve a one-year term or until their successors are designated
and the new committee shall, by appropriate written document recorded in the
Conveyance Records of Caddo Parish, Louisiana, indicate the new address of the
Architectural Control Committee as same may change from time to time.
A majority of the Architectural
Control Committee may appoint a representative to act for it.
In the event the Architectural
Control Committee fails to approve plans submitted to it within thirty (30)
days, such approval shall not be required.
Such thirty-day period shall commence to run from the date of receipt of
the plans by the Architectural Control Committee.
Section 2. Committee Fees. The Architectural Control Committee may
charge a fee for services attendant to approval of plans not to exceed $10 per
thousand square feet of total area or fraction thereof. The Committee may charge a fee of $100.00 per
thousand square feet of total floor area, not to exceed $250.00, if plans are
submitted after construction has begun.
RESTRICTIVE
COVENANTS
(1) Land Use and
Building Type. No Lot shall be used
except for single-family residential purposes.
No commercial activity is allowed.
No building shall be erected, altered, placed or permitted to remain on
any Lot unless approved by the Architectural Control Committee. No dwelling shall exceed two and one-half
stories in height. Each dwelling must be
provided with an attached carport or garage to accommodate at least two
full-sized automobiles. This restriction
shall not operate to prohibit a public or private street or drive being located
on Lot 195 and/or Lot 209.
(2) Dwelling
Size. The minimum floor area for residences located
on Group I Lots, excluding exterior storage (attached or detailed), open
porches, breezeways, garages and carports, is 1200 square feet. Any second story area shall contain at least
300 square feet of heated area. The
minimum floor area for residences located on Group II Lots, excluding exterior
storage (attached or detailed), open porches, breezeways, garages and carports,
is 1800 square feet. Any second story
area shall contain at least 500 square feet of heated area. Provided,
however, that the following lots are excepted from this provision, and, as to
the following lots, the minimum floor area for residences, excluding exterior
storage (attached or detached), open porches, breezeways, garages and carports,
is 1600 square feet. Any second-story
area shall contain at least 400 square feet of heated area. These excepted lots are as follows:
64, 84, 85,
86, 87, 88, 89, 90, 91, 92, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162,
163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 196, 197,
198, 199, 200, 201. (Includes Second
Amendment dated November 16, 1992)
(3) Building
Location.
a. Minimum
building setback lines as related to the front, side and rear lot lines, are
established as follows:
GROUP I LOTS:
(a) Front – 25
feet;
(b) Side – 5.0
feet;
(c) Rear – 30
feet.
GROUP II LOTS:
(a) Front – 40
feet;
(b) Side – 15
feet;
(c) Rear – 30
feet.
For the purposes of this covenant, eaves,
steps, terraces, patios, swimming pools, walls, fences and open porches shall
not be considered as a part of a building; provided, however, that this shall
not be construed to permit any portion of the building on a Lot to encroach
upon another Lot. In case of conflict
between the setback lines on the recorded plat and these covenants, the latter
is to prevail. Upon application to the
Architectural Control Committee and upon a showing of hardship, unusual
topography or other warranting condition, it may grant a variance as to any
required setback, not to exceed 20% of that required. No obstruction to visibility at street
intersections shall be permitted.
b. The Owner of
continuous Lots may, subject to Architectural Control Committee, disregard the
side setback requirement along his common lot line, provided no established or
proposed easement is affected thereby.
(4) Building
Materials
a. The exterior
walls (excluding gables, windows and door openings) of all buildings shall
contain at least 51% masonry veneer material.
The Architectural Control Committee may reduce this requirement to a
minimum of 40% of masonry upon application and a finding by the Committee that
such reduction does not violate the continuity of appearance and harmony of
exterior design of surrounding residences.
b. All roof
materials must be compatible in color and texture to surrounding roofs. All roofs shall be constructed of tile,
concrete tile, slate, wood shakes, wood shingles, copper metal standing seam or
asphalt containing a minimum weight of 340 pounds per 100 square feet.
(5) Building
Design. Group I Lots are smaller than Group II Lots,
and the overall plan of development is that the building design as to Group I
Lots is to be more closely uniform than Group II Lots, so as to give a
continuity of appearance, shape and color.
These standards shall be applied by the Architectural Control Committee
in granting approval of plans in the subdivision.
(6) Appurtenant
Buildings. No more than one appurtenant detached
building(s) shall be allowed on any Lot.
Any such building shall conform to the main residence in design and material. No such building shall be used at any time
for human occupancy.
(7) Grounds. The Architectural Control Committee may
require the retention of certain trees which do not interfere with construction
in order to maintain the natural beauty of the area. Lots continuous to a golf fairway shall not
be planted with St. Augustine or Centipede grass unless a physical barrier
(such as a cart path) is present to prevent such grasses from encroaching into
the fairway.
(8) Resubdivision
of Lots. No Lot shall be resubdivided into additional
lots (resubdivided lots). However, Lots
may be resubdivided so as to decrease the total number of Lots. No building or structure shall be constructed
or permitted on any tract consisting of less than the entirety of one Lot as
originally subdivided. Because of their
unique shape and other characteristics, Lots 10, 80, 119, 186, 195 and 209 are excluded from this prohibition. (Includes Amendment dated January 8, 1987.)
(9) Landscaping. The yards of all residences must be
landscaped, within sixty days of completion of construction, in a manner which
is compatible with surrounding residences.
(10)
Nuisances. No rubbish or debris of
any kind shall be dumped, placed or permitted to accumulate upon the
Properties, nor shall any nuisance or odor be permitted to exist or operate
upon or arise from the Properties, so as to render any portion thereof
unsanitary, unsightly, offensive, or detrimental to persons using or occupying
any other portion of the Properties.
Without limiting the generality of the foregoing provisions, no exterior
speakers, horns, whistles, bells, or other sound devices, except security and fire
alarm devices used exclusively for such purposes, shall be located, used or
placed on the Properties. Any Owner
responsible either through himself or his family, tenants, guests, employees or
agents, for the creation of any unsightly or unsanitary condition on any
portion of the Properties, including the dumping of trash or other debris, and
who shall fail to remedy such condition, shall be liable to the Association for
the cost of correcting any such condition and such cost shall be added to and
become a part of the assessments of such Owner which are next due and payable.
(11)
Golf Course. All Members are aware that their Lots and
residences are located in proximity to Northwood Country Club golf course. It is a duty of membership that no activity
is to be conducted in the subdivision which detracts from the quality of golf
play. Members are also obligated to
deter their families, tenants, guests, invitees and pets from engaging in any
activity which will violate this covenant.
Specifically, but without limitation, the following acts are prohibited.
a. Burning
materials which cause excessive smoke to blow onto the golf course;
b. Excessive
noise which detracts from golf play;
c. Allowing
pets to go unleashed onto the golf course.
All Members are aware and take notice of the hazards associated with
living near a golf course. All Members,
for themselves, their family, tenants, guests, employees, or any other person
on the Property through the authority of the Member hereby assume all risks
incident thereto and agree to hold the Declarant, Northwood Country Club, its
membership, and all others harmless and indemnify them against any claim for
injury to person or damage to property arising out of the golf course activity.
(12)
Other Structures. No
trailer, detached basement, tent, shack, garage, barn or other outbuilding
erected in the subdivision shall at any time be used as a residence,
temporarily or otherwise, nor shall any structure of a temporary character be
used as a residence.
(13)
Maintenance. It is a part of the plan
of development that all Properties, together with improvements, be maintained
in an attractive condition at all times.
The Association is given the authority to enforce such maintenance.
If a maintenance deficiency is found to exist
by the Association, either as to an Owner’s Lot or buildings, a written notice
specifying such defects shall be mailed to the Lot Owner by Certified Mail,
Return Receipt Requested. The notice
shall give a reasonable time, not to exceed ninety days, for the Owner to
remedy the deficiency at the Owner’s expense.
Should the Owner refuse or fail to comply, the Association may employ
and pay persons or firms to correct the deficiency, and the cost thereof shall
be added to and become a part of the assessments of such Owner which are next
due and payable.
(14)
Livestock and Poultry. No
animals, livestock, or poultry of any kind shall reside, be bred or kept on any
Lot, except that dogs, cats or other household pets may be kept, provided they
are not kept, bred or maintained for any commercial purposes.
(15)
Parking – Vehicles.
Trailers, trucks weighing in excess of ¾ ton, buses, campers, boats and
recreational vehicles may not be parked on the streets overnight. No vehicle of any size transporting
inflammatory, explosive or other hazardous material, shall be allowed in the
subdivision.
(16)
Signs. No sign of any kind shall
be displayed to the public view on any Lot, except one sign of not more than
five (5) square feet, advertising the property for sale or rent, or signs used
by a builder to advertise the property during the construction and sales
period.
(17)
Satellite Dish. No satellite dish may be
placed on any Lot without prior written approval from the Architectural Control
Committee.
(18)
Driveways and Walkways.
Driveways and walkways will be constructed of exposed aggregate
concrete, brick or flagstone. The
driveway turnout shall be constructed in such manner as to provide an attractive
transitional radius from the street into the driveway entrance and shall
prevent escape of drainage water from the street onto the lots. Driveway turnout design shall comply with the
City of Blanchard requirements.
(19)
Mail Boxes. If curbside mail boxes
are required for mail delivery by the U. S. Postal Service, attractive
individual designs for mail box holders shall be required by the Architectural
Control Committee. Within the scope of
postal service requirements, the mail box holders shall be designed and constructed
of materials which harmonize architecturally with the residence, and the
standard rural mail box installation on a single post is not permitted. Designs must be submitted to the
Architectural Control Committee for approval, and boxes may not be constructed
or erected without the consent of the Architectural Control Committee.
(20)
Easements. Easements for the
installation and maintenance of utilities and/or drainage facilities are
reserved as shown on the recorded plat of the subdivision.
(21)
Oil and Mining Operations. No
oil drilling, oil developing operations, oil refineries, quarrying or mining
operations of any kind shall be permitted upon or in any lot, nor shall oil
wells, tanks, tunnels, mineral excavations or shafts be permitted upon or
in gas shall be erected, maintained or
permitted upon any lot.
(22)
Garbage and Refuse Disposal. No
lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be
kept except in sanitary containers. All
trash, garbage or other waste shall be disposed of in accordance with
requirements of the City of Blanchard.
(23)
Fencing. No fence, hedge, wall or
shrub planting which obstructs sight lines at elevations between two (2) and
six (6) feet above the roadways, shall be placed or permitted to remain on any
corner lot within the triangular area formed by the street property lines and
line connecting them at points twenty-five (25) feet from the intersection of
the street property lines extended. No fencing or wall shall be permitted within
sixty (60’) feet of the rear lot line on Lots which are adjacent to the golf
course; and no fencing, hedge, wall or shrub higher than 42” shall be
permitted within the confines of the rear building setback line on Lots which
are adjacent to the golf course. The
same sight line limitations shall apply on any Lot within ten (10) feet from
the intersections of the street property line with the edge of a driveway, or
alley pavement. No tree shall be
permitted to remain within such distances of such intersections unless the
foliage line is maintained at sufficient height to prevent obstruction of such
sight lines. No chain link or wire fence will be permitted in any
location. All fences and walls must
have the written approval of the Architectural Control Committee whenever
constructed, erected or permitted to remain.
The Architectural Control
Committee is empowered to grant reasonable variances from these fencing, wall
shrub and hedge requirements upon a showing of hardship, unusual topography, or
other warranting condition. However, no
chain link or wire fence will be permitted in any location. (Includes Fourth Amendment dated May 2,
1994.)
(24)
Antenna. No radio or television
transmitting antenna or transmitting equipment, having power in excess of ½
watt, shall be placed on or kept within the subdivision without the written
approval of the Architectural Control Committee. In the event of the approval by the
Architectural Control Committee, it will be incumbent upon the owner of such
transmitting antenna and/or equipment to assure that his equipment does not
interfere with television or radio reception in the area. In the event such interference does occur,
the owner of the transmitting equipment shall correct the interference or
remove the transmitting equipment.
(25)
Clothes Lines. No clothes lines shall be
constructed, placed or erected on any Lot in such a way as to be visible from
the street.
(26)
Completion of Construction.
Construction of a home on a Lot, once started, must be diligently
pursued and completed within a reasonable time.
(27)
Construction of New Buildings.
Construction of new buildings only shall be permitted, it being the
intent of this covenant to prohibit the moving of any existing buildings onto a
Lot and remodeling or converting same into a dwelling unit in this subdivision.
(28)
Water Supply. No individual water
supply system shall be permitted on any Lot unless such water system is
located, constructed and equipped in accordance with the requirements,
standards and recommendations of the City of Blanchard, or State Public Health
Authority. Approval of such systems as
installed shall be obtained from such authority and approved by the
Architectural Control Committee.
(29)
Term and Amendment.
These covenants are to run with the land and shall be bindings on all
persons claiming under them for a period of twenty-five (25) years from the
date these covenants are recorded, unless during such period those persons or
firms owning a majority of the Lots in the subdivision shall have signed and
caused to be recorded in the Conveyance Records of Caddo Parish, Louisiana, an
instrument changing these covenants in whole or in part. If no such instrument shall have been
recorded within the said twenty-five year period, these covenants shall be
automatically extended for successive periods of ten years each, unless same be
changed by the owners of a majority of the Lots by the procedure hereinabove
provided.
(30)
Conformance to Zoning. No
Lot, including any improvement thereon, may be used in a manner which is not in
conformity with all zoning ordinances and rules of a governmental authority
having jurisdiction.
(31)
Enforcement. The Association, or any Owner, shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of
this declaration. Failure by the
Association or by any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so
thereafter; and, if any assessment should constitute a lien on the homeowners’
property, same shall be subordinate to the lien of any first mortgage. (Includes Third Amendment dated February 15,
1993.)
(32)
Severability. Invalidation of any one
of these covenants by judgment or court order shall in no wise affect any of
the other provisions which shall remain in full force and effect.
(33)
FHA/VA
APPROVAL. As long as there is a Class B membership, the
following actions will require the prior approval of the Federal Housing
Administration or the Veterans Administration:
annexation of additional properties, mergers and consolidations,
mortgaging of Common Area, dedication of Common Area, dissolution and further
amendment of these Articles. (Includes
Third Amendment dated February 15, 1993.)
THUS DONE AND SIGNED in the presence of the
undersigned competent witnesses and me, Notary, in Shreveport, Louisiana, on
this 30th day of October, 1986.
ATTEST: CLEMENTS &
CORLEY, INC
BY: CARL R. CORLEY, SECRETARY-TREASURER
(Original is signed, witnessed and
notarized.)
STATE OF LOUISIANA )
PARISH OF CADDO )
BEFORE
ME, the undersigned authority, a Notary Public in and for the State and Parish
aforesaid, fully commissioned and qualified, personally came and appeared:
THE
FIRST NATIONAL BANK OF SHREVEPORT, a national banking
Association,
appearing herein through and represented by the undersigned
Duly
authorized officer;
Who declared
that it does appear herein as Mortgagee, for the purpose of concurring in the
foregoing Declaration of Covenants, Conditions and Restrictions for Northwood
Hills Subdivision and subjecting the mortgaged property thereto.
THIS DONE AND PASSED before me, Notary,
in the presence of the undersigned competent witnesses, this 31st
day of October, 1986
ATTEST: THE
FIRST NATIONAL BANK OF SHREVEPORT
(Original is
signed, witnessed and notarized.)
