THE ISLAND NEIGHBORHOOD

WHEREAS, GEORGE GAWTHORP and PALUMBO PROPERTIES, INC., (formerly known as Savage Lumber and Manufacturing Co. Inc.) Partners, dba Lakeview Estates, hereinafter referred to as the “Partnership”, are the owner of certain tracts and lots of land designed as Lot 1 through 11, Block C, Unit 1-D, Lakeview Island, a subdivision in the city of Lexington, Fayette County, Kentucky, a plat of which subdivision appears of record in Plat Book 28, page 45, in the Fayette County Court Clerks Office. Lots 1-39, Block D, Unit 1-E, Lakeview Island, a subdivision in the city of Lexington, Fayette County, Kentucky, a plat of which subdivision appears of record in Plat Book 28, Page 46, in the Fayette County Clerks Office. Lots 1-6, Block E, Unit 1-E, Lakeview Island, a subdivision in the city of Lexington, Fayette County, Kentucky, a plat of which said subdivision appears of record in Plat Book 28, Page 46 in the Fayette County Court Clerks Office, and WHEREAS, said partnership intends to sell the above described lots subject to certain protective restrictions, conditions, limitations, reservations, and covenants hereinafter referred to as “Protective Restrictions” in order to insure the more beneficial development of said lots and to prevent any use thereof as might tend to diminish the value of the pleasurable enjoyment thereof.

 

NOW, THEREFORE, said partnership hereby declares that said Protective Restrictions are here by imposed upon said lots and are as follows, to-wit:

 

1.   No livestock shall be kept upon any of said protected area, except only cats and dogs and those only as household pets.

2.   No fence or hedge shall be erected or permitted unless approved in writing by the Association Board of Directors. Any such fence or hedge shall be honeysuckle, evergreen hedge, or another comparable species of vegetation.

3.   Brick and stone walls are permissible around swimming pool areas only and plans must be submitted to the Board for approval.

4.   The property in question shall only be used for single-family residential purpose and no noxious or offensive trade or activities shall be conducted or carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.

5.   All lots located in said subdivision are subject to the utility easements shown on the recorded plat thereof and each owner grants to the utility companies right of ingress and egress for the purpose of constructing, maintaining, and repairing sewer, gas, water, electric, telephone, cable, and other public utilities.

6.   No building shall be erected, placed, or altered on any lot until the building plans, specifications, and location shall have first been approved by the Association Board of Directors and all such improvements shall conform in every respect to the applicable zoning and building ordinances and regulations of the City of Lexington, Fayette County, Kentucky. Board approval must be in writing before any grading or construction can begin. There will be no detached buildings of any type (garages, storage sheds, etc.) (Adopted May 1977).

7.   The front wall of any dwelling built on any lots shall not be closer to the front property line than the set back shown on the recorded plat.

8.    No trailer, tent, shack, garage, barn or any other out building shall at any time be used for a residence, either temporarily or permanently.

9.   Kennels, pens, or runs of any type are not allowed.

10.  Lake privileges are for lake front lot owners only.

11.  The foregoing and following Protective Restrictions are intended to cover only the lots above described and are not to be extended or determined applicable to any other property of the Partnership by implication, inference, or otherwise unless by a like declaration in writing and duly recorded.

12.  The following and foregoing Protective Restrictions shall run with the land and shall be binding upon all the parties and all persons claiming under them. These Protective Restrictions are to be perpetually extended unless the members decide otherwise in the future. (Adopted October 1993)

13.  Each and all of the Protective Restrictions shall be enforceable by injunction or by other form of action available to the parties agreed or to the Partnership or its successors in interest. Invalidation of any one of the Protective Restrictions by judgment or court order shall in no way effect any other provisions that shall remain in full force and effect.

 

 

RULES AND REGULATIONS

 

1.   Lot owners must mow and keep lots free of weeds and other debris. In the event a lot owner fails to keep his lot free of weeds and debris after written notice has been sent at the direction of the Association Board of Directors to bring such lot into compliance, Association for the cost of mowing or removing the debris and if such statement is not paid within 30 days, it shall constitute a special assessment against such lot in accordance with Article VI of the Covenants and Restrictions applicable to Lakeview Islands Subdivision, Deed Book 1106, Page 571, at 577, in Fayette County Court Clerks Office.

2.  Pets must be kept on a leash at all times. Loose dogs will be impounded by the Lexington Humane Society.

3.  Parking: due to narrowness of the streets and the absence of sidewalks, the following will be enforced for the safety of all Island residents, particularly young children:

All Island residents should make an extraordinary effort not to park on the streets at any time. All-day and overnight street parking is strictly prohibited. Visitors should be advised to park on only one side of the street.

4.   Complaints:  all complaints should be directed to the Board of Directors.

5.   Litter: all residents are requested to pick up litter in their yards and in the common areas adjacent to their yards, including the curbs and gutters. Debris, if not collected, washes into and creates serious problems for the Island’s water drainage system.

6.   Theft: all residents should report all thefts and other criminal activity or suspected criminal activity to the Lexington Police Department. Island residents are entitled to the same protection rights and privileges as any other Lexington residents regarding police protection. All criminal activities should also be reported to the Association Board. It is the Board’s responsibility to notify the Island residents so that proper precautions can be taken. Please advise the board if there is any difficulty obtaining service from the Police Department.

7.   Herbies: Island residents are requested to insure that their “Herbies” do not remain by the curb for longer than the time permitted under local ordinances (e.g. the evening before and the day of pick-up). Residents leaving “Herbies” in front of houses for extended periods will be reminded of this requirement by the Board.

8.   Garage Sales:  individual sales are not permitted but one annual Island sale for any residents who want to participate will be organized. This annual sale will be approved by the Board (adopted October 1993).

9.   The causeway, roadways, circles, and common properties are for the use and enjoyment of the owners and residents of the Island.

a.   The causeway may be used for the purpose of ingress and egress. The Association does not own any property beyond the high water mark on either side of the causeway and thus there will be no fishing, swimming, or loading, unloading, or docking of boats by members or anyone else on the Association’s causeway. In order to maintain the beauty of the causeway, camping or picnicking are not allowed.

b.   Use of the Association’s common properties by members for activities such as street parties must be approved by the Board of Directors.

c.   The Association gives the Board the authority and responsibility to adopt a road maintenance program as follows:

i.   Maintenance to be accomplished according to a Plan, including work done and timing, as recommended by a reputable engineering consultant as chosen by the Board.

ii.   Financing repaving of the roads will be paid by the accumulation of existing funds in the Road Reserve. An assessment up to $600 per lot for any balance, with the understanding that the assessment can be advanced if needed.

10.  Rules and Regulations for Major Remodeling and New Construction (major remodeling is any project that requires building permit, requires heavy equipment, or proposes any change in the footprint of the single-family structure currently in place and complaint with existing regulations).

a.  All construction plans, except for interior remodeling, must be submitted to the Board and approved prior to construction activity, along with owner’s email, fax, and telephone numbers.

b.  An estimated time schedule should be provided with the submission of plans and specs to include a definitive estimate for completion.

c.   All demolition plans are required to submitted to the Board for review and approval giving particular attention to a description of the logistics and care for neighborhood property and disturbance.

d.  The property owner is responsible for any and all damage to commons property that is caused by their contractor(s). Contractors must have insurance and the owner is wise in obtaining a certificate of insurance naming the owner and the Association as additional insured.

e.  All contractors’ vehicles must park on one side of the street or off the Island. A limit of 10 vehicles per owner will be the guideline for enforcement.

f.  Dumpsters must be placed on the owner’s property and not on the street. A city permit does not cover privately owned Island roads.

g.  All dirt, mud, and silt must be contained within the owner’s property boundary.

h.  Work hours for approved construction activity is to be between 7:30 am and 6:30 pm, and is to exclude Sundays. A resident undergoing major remodeling or construction as defined herein is required to inform and enforce all contractors; i.e. general and subcontractors, before commencement of work, to operate only within the hours of 7:30am and 6:30pm, respecting both EST and DST during weekdays and Saturdays, excluding Sundays.

i.  Tracks on all equipment must be rubber. Metal outriggers must be placed on plywood plates when on the streets to prevent damaging impressions.

j.   Equipment, including trailers, must not be left or stored on the streets overnight. Traffic cones and reflectors are to be placed in the front and back of all equipment as it is temporarily parked during work hours.

k.  A $50,000 security bond shall be required to be posted in favor of the Association by a general contractor or the owner on all major renovation involving heavy equipment. Such bond is to secure the performance and immediate repair to Association property damaged by the owner/contractor(s).

l.   A fine of $50.00 will be levied for each violation of the Association’s Rules and Regulations, after notice is provided to the owner. The fine is the responsibility of the owner and will be charged to the owner’s monthly statement. The owner may choose to be reimbursed by the contractor. Verbal notification shall be deemed to be sufficient (when followed up by email, fax, or letter) as such violations are immediate and necessary to the interests and safety of residents, workers and the public.

m.   It is suggested that each owner who undergoes remodeling and construction work within The Island neighborhood provide a copy of these Association Rules and Regulations to their contractor(s) prior to commencement of work.

n.  The owner is required to provide a copy of the building permit to the Association within 10 days of issuance.

11.  The Board of Directors, pursuant to Rule 10 of the Rules and Regulations of the Lakeview Island Security and Maintenance Association, shall not approve any construction plans which contemplate or include the building of more than one structure on any one Lot in what has become known as the Lakeview Islands Subdivision originally recorded in the Fayette County Clerks Office at Book 1106, page 571 and as more particularly shown on Plat 243 Cabinet B, Plat 289 Cabinet A, Plat 605 Cabinet A, Plat 615 Cabinet A, Plat 592 Cabinet A, Plat 591 Cabinet A, and Plat 590 Cabinet A.

 

MEMBERSHIP AND VOTING RIGHTS

 

Membership – Every person or entity who is Owner of Record of a fee simple or undivided interest in any lot, which is subject to this declaration, shall be a member of the Association provided that any person or entity who holds an interest merely as security for the performance of an obligation shall not be a member.

Voting Rights – All members of the Association shall be entitled to one vote for each lot in which they hold the interest required for membership.  If more than one person is an Owner of any lot, all such persons shall be Members; and the vote for such lot shall be exercised as they determine among themselves but in no event shall more than one vote be cast with respect to any such lot.

Quorum – Twenty percent (20%) of the members of the Association (30), when present at any meeting, in person or by proxy, shall constitute a quorum, and in case there are less than this number, the presiding officer may adjourn from time to time until a quorum is present. (Adopted 1994) 

 

PROPERTY RIGHTS IN THE COMMON PROPERTIES

Members’ Easements of Use and Enjoyment.

 

Subject to the provisions of Section 3 of this Article, every Member shall have a right and easement for use of and benefit in and to the Common Properties, and such easement shall be appurtenant to and pass with the title to every lot. Developer shall have access to any and all Common Properties so long as is necessary to develop, construct, sell, or otherwise dispose of any property subject to this declaration.

 

Title to Common Properties. 

The Developer may retain the legal title to the Common Properties until such time as in the opinion of the Developer, the Association is able to maintain and regulate the use of the same; provided, however, the Developer hereby covenants that it shall convey legal title to the Common Properties to the Association no later than at such time as it no longer retains legal title to any lot included in The “Properties” as defined herein.  The Developer shall have the right to transfer legal title to any part of the Common Properties to the Association prior to the complete development of the Existing Properties subject to this Declaration. Whenever the Developer conveys legal title to all or part of the Common Properties to the Association, the Association shall accept such legal title and assume control and responsibility for the Common Properties so conveyed.

 

Extent of Members’ Easements.

The rights and easements of use and enjoyment hereby created shall be subject to the following: (a) The right of the Association to take steps as are reasonably necessary to protect the Common Properties against foreclosure; and, (b) The right of the Association to dedicate or transfer all or any part of the Common Properties to any public or governmental entity or other entity authorized by law to assume the duties and responsibilities of the Association, subject, however, to such conditions as may be imposed by the Members; provided, however that no such dedication or transfer shall be effective unless a recordable instrument signed by Members entitled to cast two-thirds of the votes of the Membership has been executed, according to the terms of which said instrument the dedication or transfer is agreed to, and provided further that written notice of the proposed dedication or transfer is mailed to every Member at least (60) days in advance of obtaining any Member’s signature to such an instrument. (c) Any provision to the contrary notwithstanding, in the event any Lot is used for other than residential purposes, the Members shall be and are hereby empowered to adopt such rules and regulation to govern and control the use and enjoyment of the Common Properties by the Owners of record of said Lot or Lots as may be used for other than residential purposes as they deem necessary or desirable, provided, however, that notice shall be given of the time, place, and purpose of any meeting for the consideration of the rules and regulations in the manner as hereinafter provided.

 

COVENANT FOR MAINTENANCE ASSESSMENTS

 

Creation of the Lien and Personal Obligation of Assessments.

The Developer for each Lot owned by it within The Properties hereby covenants and each Owner of any Lot by acceptance of a deed therefore, whether or not is shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the association; (1) Annual assessments or changes; (2) Special assessments for 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. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when assessment fell due. Provided, however, no lien shall be created nor assessment levied against any property until such time as the Developer conveys legal title to the common properties; and provided further, that if at such time the Developer still owns any lots subject to the lien and assessment created and provided for herein until such time as legal title to said lots are conveyed by the Developer.

 

Purpose of Assessments.

The assessments levied by the Association shall be used exclusively for the purpose of promoting the security, health, safety, and welfare of the residents in The Properties and in particular for the improvement and maintenance of properties, services, and facilities devoted to this purpose and related to the use and benefit by Members of the Common Properties, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement, and additions thereto, and for the cost of labor, equipment, materials, management, and supervision thereof.

 

Basis of Annual Assessment.

Within sixty (60) days after the Developer conveys legal title to the Common Properties; the Board of Directors shall call a special meeting for the purpose of fixing the annual assessment. Prior to such meeting, the Board of Directors shall obtain competitive bids, if possible, of the costs of the services, which the Association will provide for the Members and present such information at said meeting. All bids obtained for this purpose shall be for a period of not less than one (1) year. After due consideration of such bids, the Board of Directors shall propose an annual assessment and the Association shall levy such assessment as is proposed by the Board of Directors, provided that the assessment shall have the assent of the majority of the authorized votes of the members voting in person or by proxy at said special meeting. (Adopted September, 1994) Written notice of the special meeting provided for herein shall be sent to all member at least thirty (30) days in advance and shall set forth the time, place, and purpose of the meeting. The majority assent required herein shall not be required to be obtained if the assessment is being made to comply with the orders of any court of competent jurisdiction or to meet the lawful requirements of any government entity.

 

Change in Basis and Maximum of Annual Assessments.

The association may increase the dues or assessment by $100 maximum for any such period provided that any such change shall have the assents of 20% of the Members in person or by proxy. Any Increases over $100 has to have the assents of a majority of Members. (Adopted September, 1994) voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members.

 

Effect of Non-Payment of Assessment.

If the assessments are not paid on the date when due, then such assessment shall be deemed delinquent and shall, together with such late charges thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property binding upon the then owner, his heirs, devisees, personal representatives, and assigns. Dues are payable in July. Dues paid in August will be assessed a $5 late fee. A $25 late fee will be assessed each month after September 1 until dues are paid in full. If either dues or late fees remain unpaid by December 31, gate pass privileges will be revoked until all dues and late fees are paid in full.  If dues are paid and late fees are not; further late fees will not be charged, but the gate pass privileges will still be revoked after December 31 until all fees are paid. (Adopted September 2012)

 

Subordination of the Lien to Mortgages.

The Lien of the assessments provided for herein shall be subordinated to the lien of any bona fide 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 judgment and order of sale in foreclosure action, or any other proceedings or conveyances in lieu of foreclosure. Such sale or transfer shall not release such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment.

 

ISLAND SECURITY PROCEDURES

 

Police Assistance.

The local police have the same responsibility for providing safety and security services to the residents of the Island as for the rest of the community. The Police emergency phone number is 911, and their administrative number 258- 3600.

 

Improper Use of Vehicles.

The speed limit, 25 mph, is to be observed by ALL vehicles at all times.

 

Police Enforcement.

While the police cannot enforce the speed limit on our private streets, they can deal with situations such as “wanton endangerment” and drunk driving (provided they personally observe the offense), and should be called upon to answer such situations.

 

Moving In Day.

Complete Vehicle Form and read rules in this directory.

 

During the Year.

Help keep the neighborhood clean, especially all commons areas. Turn outdoor lights on to illuminate streets after dark. Report complaints and/or suggestions to any Board Member. Report any criminal activity or suspicious behavior to a Board Member and city police. Always record LICENSE PLATE NUMBER when reporting suspicious behavior and criminal activities.

 

Moving Out Day.

Inform Board Member responsible for security of new forwarding address. Leave this directory with the property. Return gate security devices to the Board.

 

Board Meetings

Meetings are held once a month at the homes of the Board Members. All residents are invited to attend. Contact any Board Member to learn of the scheduled meetings.

 

ISLAND TRAFFIC CONTROL

 

General.

The Association maintains barrier arm gates at both the entrance and exit lanes of the Edgewater Drive entrance to the Island. The primary purpose of these gates is traffic control, especially to prevent non-residents from using our streets as a cut-through from Alumni Drive to the Henry Clay High School Area. Proximity cards, which transmit a radio signal to open gates, have been issued to our residents and certain government and other agencies to allow entrance and exit via the Edgewater Drive gate. Police and Fire personnel are granted access by use of Click To Enter with their two-way radios. All proximity cards have unique identification numbers that are logged into our computer, along with the name of the resident assigned the card, as they are issued. Cards may be deactivated in the event of loss, theft, etc. Non-residents and guests must use the Lakeshore Drive entrance to enter and leave the Island. Video Cameras are in operation at both entrances to the Island to record activity for possible identification of vehicles in the event of vandalism or theft. Please report any such incidents to the Board.

 

Obtaining Proximity Cards.

Two proximity cards are issued without cost, to each household. Additional cards may be obtained at our cost (currently $5.00) for other family members. New residents should obtain card from the Security Chair. When a resident moves off the Island, all cards should be returned to the Board, including the two original cards, which are the property of the association, and any extra cards which were purchased. A refund will be issued for the purchase price.

 

Guidelines and Suggestions.

• Approach the gates slowly. They will open when your card is approximately even with the white sensor box on the guardhouse.

• Do not let anyone without a card attempt to follow you through the gate by tailgating your vehicle. The gate will be damaged or broken if it comes down on top of the second vehicle.  The Association will have a video record of such incidents as well as the identification number of the card opening the gate.

• If your proximity card no longer works, please contact the Board for a replacement.

• Proximity cards are issued to residents only; for their personal use or use by family members.