AMENDMENT TO DECLARATONS OF
HOME OWNERS ASSOCIATION OF
WILDFIRE ESTATES
The
Undersigned, being the owners of more than seventy percent of that certain
real property platted as follows, to wit:
All of that property
situated in the West Half (W/2) of Section Twenty-six (26), Township Nine
(9) North, Range One (1) East, I.M. Cleveland County, Oklahoma, platted or
to be platted as Wildfire Section 12, also known generally as Wildfire
Estates;
And
the undersigned, being the sole owner of all of the real property platted or
to be platted as follows, to-wit:
All of that property
situated in the West Half (W/2) of Section Twenty-six, Township Nine (9)
North, Range One (1) East, I.M., Cleveland County, Oklahoma, platted or to
be platted as Wildfire Sections 2 through 5, also generally known as
Wildfire Estates;
Do
hereby incorporate and adopt the Declaration of Home Owner Association of
Wildfire Estates filed November 16, 1984, in Book 1740 and beginning at page
508, including By—laws attached thereto and declare that all of the above
real property shall be sold and conveyed subject to the provisions of the
Declaration and By-laws, including restrictions contained therein,
conditions, covenants, assessments, liens, and charges and hereby submit the
land and improvements to said provisions.
The undersigned do hereby amend Paragraphs II B (4), II B (11), II B
(12), II B (15), II B (17), II B (18), VII A, X C, and X D (4), (8) and (9)
pertaining to Well Use and Maintenance and the heading “X. General “ of the
Declaration and hereby adopt II B (25), II B (26), and II B (27) to the
Declaration of Home Owners Association of Wildfire Estates previously
recorded on November 16, 1984, in Book 1740 at Page 509 in the Office of the
County Clerk of Cleveland County, Oklahoma, and do further amend the prior
Amendment to Declarations as set forth herein.
Paragraph II B (4) shall be amended to read as follows:
4.
No
structure of temporary character, tent, shack, barn or other outbuilding
shall be used on any tract at any time as a residence, either temporary or
permanent, and no structure previously used shall be moved onto any tract.
Mobile homes will be permitted, provided the mobile home be at least eight
hundred (800) square feet in size, skirted with matching professional
materials and tied down and anchored according to the law.
Manufactured homes anchored to permanent foundations in compliance with
manufacturer’s recommendation shall be permitted; provided, however, the
manufactured home be at least One Thousand (1,000) square feet in living
space. Exterior finish to be
real or simulated wood siding, stucco, brick, or a combination.
The material may be processed hardboard such as masonite or other
suitable material. Skirting
shall be compatible with the exterior finish of the unit or may consist of
brick, stucco, or masonry materials.
Manufactured units must meet HUD regulations and be build in
accordance with applicable state and local building codes or industrial
housing building code. The
units must meet federal and mobile home construction and safety standards.
Foundations must be designed and approved by a registered
professional engineer, and be designed for the soil characteristics and wind
loads prevalent to the individual site.
Foundations shall be poured concrete or cement block masonry.
Any other foundations will require Federal National Mortgage
Association approval. The unit
must meet Federal Manufactured Home Construction and Safety Standards.
All foundations must have footings that are located below the frost
line.
All
lot owners shall first submit plans and specifications for approval by a
Building Committee consisting of Danny Hopson, Ron Black Raymond Byram, or
such other persons appointed as set forth in the Declaration and By-laws.
Building plans must have one (1) signature.
At the time that the developer ahs sold seventy-five percent (75%) of
the lots, the Home Owners Association will designate a new Building
Committee. All additions,
improvements and alterations of any kind must be approved by the Building
Committee, including but not limited to fences, barns and other
outbuildings, patios, sidewalks, carports, porches, decks, etc.
The owner shall submit plans and obtain approval prior to beginning
construction.
Paragraph II B (11)
shall be amended to read as follows:
11.
No
fences shall be erected on the front portion of any tract in this
subdivision between the front lot line and the front building setback line
without approval of the Building Committee.
The height of all fences shall be not more than eight feet or as
otherwise approved by the Building Committee.
Chain link, wood or pipe fence may be used on rear lot areas.
If the front of the lot is fenced from the dwelling to the street,
then decorative fencing must be used with approval of the Building
Committee.
Paragraph II B (12)
shall be amended to read as follows:
12.
Wells and septic tanks must conform to minimum State Health Department
regulations and shall be constructed in accordance with the recommendation
called for as a reslt of a percolation test.
It shall be necessary for the contractor or contractor/builder, prior
to covering any septic tank system, to obtain inspection from the Health
Department. In no case may a
well be closer than fifty (50) feet to a lot line.
Well casings will be cemented for a distance of ten (10 feet below
the surface of the ground. No
well or septic tank system may be constructed on one lot which would
interfere with the property drainage either on the lot of the owner, or any
other lot. Every lot owner
shall have (1) year within which to buy and install a brass water meter.
Paragraph II B (15)
shall be amended to read as follows:
15.
Two
(2) horses or cows per tract will be allowed.
There shall be no pigs, goats, chickens, sheep or other livestock
kept on the lot. Household pets
may be kept, provided they are not kept, bred or maintained for any
commercial purposes, unless approved by the Home Owners Association and
further provided that the same are leashed or maintained with a fenced area.
Household pets shall be limited to four per lot.
Paragraph II B (17)
shall be amended to read as follows:
17.
Neither the streets within the tracts nor private driveways or front yards
of residential lots or tracts within the subdivision shall be used to store,
either temporarily or permanently, trucks in excess of one and one-half ton,
damaged, wrecked, or inoperable cars, buses, trailers in excess of eighteen
feet, campers, house trailers, mobile home, airplanes, or other motor
vehicles, or to store lumber or other materials.
These must be placed in the back portion of tracts or lots so as not
to be visible in a manner that is undesirable from the street or road or
other properties surrounding that tract and in keeping with the harmony of
the subdivision. This covenant
does not preclude a tract or lot owner from performing minor repair upon
such vehicles owned by him and locate in his driveway exposed to view for
not more than two consecutive days, nor shall this covenant preclude the
temporary parking of such vehicles at or on any such lots or tracts owned by
invited guests and visitors of such tract owners for periods not exceeding
two (2) consecutive weeks. The
operation of dirt bikes and/or any other type of off-the-road vehicles
within this subdivision is strictly prohibited.
Paragraph II B (18)
shall be amended to read as follows:
18.
Garbage cans and all refuse areas shall be screened from view from the
street and adjoining lots and tracts.
No trash or refuse shall be allowed to accumulate and remain upon any
tract within the subdivision, and no trash, refuse, caves, tree houses, or
other similar structure or materials shall be placed upon any vacant tract.
No burn barrels will be allowed.
Everyone must comply with the trash pick-up requirements. Garbage
cans with lids must be supplied by the owners of the property.
Paragraph 11 B (25)
shall be adopted to read as follows:
25.
All
postal service must be provided through the Wildfire Drive Post Office
except for lots bordering on Austin and
Paragraph VIII A shall
be amended to read as follows:
-
Obligation to Pay
Pro-Rata Share.
All owners of units bordering on the private road shall be
obligated to pay the annual assessments for road maintenance imposed by
the Board of Directors of the Association.
Units owned by the developer either initially or upon
repossession, foreclosure or deed in lieu of foreclosure or obtained in
any other manner shall not be assessed any part of the cost.
All owners of units using a common well shall be obligated to pay
a separate annual assessment imposed by the particular Well Committee to
meet common expenses. Units
owned by the developer either initially or upon repossession,
foreclosure or deed in lieu of foreclosure or in any other manner shall
not be assessed any part of the cost.
Paragraph X C pertaining
to Well Use and Maintenance shall be amended to read as follows:
-
Usage Fee.
All lot owners shall be obligated to use a common source of water
and each lot owner shall provide a meter for all water used.
No more than nine (9) lots hall use one common well.
Each lot owner shall pay a minimum monthly fee of $20.00 which
shall entitle said lot owner to 12,000 gallons of water.
Any amount in excess of 12,000 gallons shall be charged at the
rate of One Dollar ($1.00) per 1,000 gallons.
Said fee and usage rate may be changed as provided in the Bylaws.
Electrical service shall be contracted in the name of the Home
owners Association, or in the alternative int eh name of one or more
common users of each well.
Paragraph X D (4) shall be amended to read as follows:
-
Termination of
Use. Service shall be
discontinued under any one of the following reasons:
(a).
For material misrepresentation by the lot owners
(b)
For the wasting of water.
(c)
For failure to pay monthly and/r special assessments and water usage.
(d)
For failure to pay any promissory note, mortgage or other payments to
Wildfire Estates, Inc., or its assignees.
Paragraph S D (8) shall
be amended to read as follows
-
Meters.
A meter shall be provided at the expense of the lot owner and
shall thereafter remain a fixture on the real property.
The individual lot owner shall be responsible for the necessary
repair and maintenance of the same.
If the same must be replaced, it shall be at the expense of the
lot owners. Upon majority vote,
each individual lot owner may read his own meter between the 1st
and 10th day of each month and report same to the appropriate
officer. In the event that any
lot owner fails to report water usage or reports same inaccurately, the
designated office may either read the meter or estimate the water usage
and bill accordingly. In and
event, the designated officer shall have the right of entry on any
property for the purpose of reading the meter or verifying the water
usage.
Paragraph X D (9) pertaining to Well Use and Maintenance shall be amended to
read as follows:
-
Separate Well.
No lot owner shall be entitled to drill his own water well except
for purely nondomestic use and in such event the well shall comply with
all local and state laws.
The heading “X.
General” shall be amended to read “XII. General”.
Paragraph II B (26)
shall be adopted to read as follows:
26
No
person shall fire or discharge any fireworks or firearms or any explosives
of any kind whatsoever on any tract, private road or other portion of the
addition.
Paragraph II B (27)
shall be adopted to read as follows:
27.
The
Declarant, notwithstanding anything in VI of the Declaration to the
contrary, hereby reserves the right and is granted the right and power to
record, without approval of any of other party a Special Amendment to the
Declaration at any time and from time to time, which amends this Declaration
to (1) comply with the requirements of the Federal National Mortgage
Association, the Department of Housing and Urban Development, the Veteran’s
Administration, the Farmers Home Administration, or any other governmental
agency or any other public, quasi-public or private entity which performs or
may in the future perform functions similar to those entities mentioned
and/or (2) to induce any of such agencies or entities to make, purchase,
sell, insure or guarantee first mortgages.
In furtherance of the foregoing, a power coupled with an interest is
hereby reserved and granted to the Declarant to make or consent to a Special
Amendment on behalf of each owner.
Each deed, mortgage, or other grant or evidence of indebtedness
affecting a lot shall be deemed to be a grant and acknowledgment of, and a
consent to the reservation of the power to the Declarant to make, execute,
and record Special Amendments.
No Special Amendment made by the Declarant shall affect or impair the lien
of any first mortgage upon a lot or any warranties made by an owner to a
first mortgagee in order to induce any of the above agencies or entities to
make, purchase, insure or guarantee the first mortgage on such owner’s lot.
The
Declaration of Home Owners Association of Wildfire Estates and Bylaws
recorded in Book 1740 at Page 509 in the Office of the
Dated this 24th day of September 1986.
WILDFIRE ESTATES, INC.
BY:
Dan Hopson
President