DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF

OTEKA WOODS PROPERTY OWNERS ASSOCIATION

THIS DECLARATION dated the                 day of                                       ,            , by the undersigned being the owner of the tract reflected on the real property described herein, hereinafter called “Declarant”.

 

R E C I T A L S

 

1. Declarant hereby certifies that it is the owner of and the only entity having any right, title or interest in and to a certain tract of land herein described located in Marshall County, Oklahoma. The tract (hereinafter called the “Property”) consists of all of the land described as follows, to-wit:

TRACT OF LAND IN THE NE/4 OF SECTION 32 T7S R5E I.M. IN MARSHALL COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SW CORNER OF THE NE/4 OF SAID SECTION 32,THENCE N 89°31’37” E ALONG THE SOUTH LINE OF THE NE/4 OF SAID SECTION 32 A DISTANCE OF 1320.52′; THENCE N 35°00’01” E A DISTANCE OF 328.95′; THENCE N 32°23’07” E A DISTANCE OF 123.59′; THENCE N 1°30’36” E A DISTANCE OF 70.00′; THENCE N 88°29’24” W A DISTANCE OF 95.00′ THENCE S 1°30’36” W A DISTANCE OF 29.18′; THENCE N 88°09’12” W A DISTANCE OF 351.22′; THENCE N 37°56’13” W A DISTANCE OF 25.60′; THENCE N 12°16’46” E A DISTANCE OF 43.99′; THENCE ON A CURVE TO THE RIGHT IN A NORTHEASTERLY DIRECTION HAVING A RADIUS OF 75.00′, AN ARC DISTANCE OF 67.66′, HAVING A CHORD BEARING OF N 38°07’22” E A CHORD DISTANCE OF 65.39′; THENCE N 63°57’57” E A DISTANCE OF 94.66′; THENCE ON A CURVE TO THE LEFT IN A NORTHWESTERLY DIRECTION HAVING A RADIUS OF 378.00′, AN ARC DISTANCE OF 343.93′, HAVING A CHORD BEARING OF N 37°54’01” E, A CHORD DISTANCE OF 332.19′; THENCE N 11°50’04” E A DISTANCE OF 18.75′; THENCE ON A CURVE TO THE LEFT IN A NORTHWESTERLY DIRECTION HAVING A RADIUS OF 456.00′, AN ARC DISTANCE OF 196.15′, HAVING A CHORD BEARING OF N 00°29’19” W, A CHORD DISTANCE OF 194.64′; THENCE N 12°48’42” W A DISTANCE OF 82.52′; THENCE N 28°04’15” E A DISTANCE OF 22.68′; THENCE N 68°57’12” E A DISTANCE OF 61.59′; THENCE N 57°32’31” E A DISTANCE OF 308.96′; THENCE ON A CURVE TO THE RIGHT IN A NORTHEASTERLY DIRECTION HAVING A RADIUS OF 100.00′, AN ARC DISTANCE OF 51.56′, HAVING A CHORD BEARING OF N 72°18’42” E, A CHORD DISTANCE OF 50.99′; THENCE N 87°04’53” E A DISTANCE OF 197.40′; THENCE ON A CURVE TO THE LEFT IN A NORTHEASTERLY DIRECTION HAVING A RADIUS OF 200.00′, AN ARC DISTANCE OF 54.94′, HAVING A CHORD BEARING OF N 79°12’42” E, A CHORD DISTANCE OF 54.77′; THENCE N 71°20’32” E A DISTANCE OF 109.30′; THENCE ON A CURVE TO THE LEFT IN A NORTHEASTERLY DIRECTION HAVING A RADIUS OF

200.00′, AN ARC DISTANCE OF 154.65′, HAVING A CHORD BEARING OF N 49°11’25” E, A CHORD DISTANCE OF 150.82′; THENCE N 27°02’19” E A DISTANCE OF 107.29′; THENCE N 89°09’19” E A DISTANCE OF 36.30′; THENCE N 19°46’42” E A DISTANCE OF 411.48′ TO A POINT ON THE NORTH LINE OF THE SE/4 OF THE NE/4 OF SAID SECTION 32; THENCE S 89°21’00” W A DISTANCE OF 72.75′ ALONG THE NORTH LINE OF THE SE/4 OF THE NE/4 OF SAID SECTION 32; THENCE S 22°18’10” W A DISTANCE OF 217.20′; THENCE S 21°44’26” W A DISTANCE OF 177.69′; THENCE S 27°02’19” W A DISTANCE OF 105.26′; THENCE ON A CURVE TO THE RIGHT IN A SOUTHWESTERLY DIRECTION HAVING A RADIUS OF 150.00′, AN ARC DISTANCE OF 115.99′, HAVING A CHORD BEARING OF S 49°11’25” W A CHORD DISTANCE OF 113.12′; THENCE S 71°20’32” W A DISTANCE OF 109.30′; THENCE ON A CURVE TO THE RIGHT IN A SOUTHWESTERLY DIRECTION HAVING A RADIUS OF 150.00′, AN ARC DISTANCE OF 41.21′, HAVING A CHORD BEARING OF S 79°12’42” W, A CHORD DISTANCE OF 41.08′; THENCE S 87°04’53” W A DISTANCE OF 197.40′; THENCE ON A CURVE TO THE LEFT IN A SOUTHWESTERLY DIRECTION HAVING A RADIUS OF 150.00′, AN ARC DISTANCE OF 77.33′, HAVING A

 

CHORD BEARING OF S 72°18’42” W, A CHORD DISTANCE OF 76.48′; THENCE S 57°32’31” W A DISTANCE OF 303.96′; THENCE S 68°57’12” W A DISTANCE OF 63.05′; THENCE N 67°11’30” W A DISTANCE OF 14.42′; THENCE N 23°20’13” W A DISTANCE OF 18.02′; THENCE N 00°46’13” W A DISTANCE OF 514.84′; THENCE S 89°21’00” W A DISTANCE OF 100.11′; THENCE S 00°50’24” E A DISTANCE OF 90.00′; THENCE S 89°31’43” W A DISTANCE OF 1320.02′ TO A POINT ON THE WEST LINE OF THE NE/4 OF SAID SECTION 32; THENCE S 00°45’52” E ALONG THE WEST LINE OF THE NE/4 OF SAID SECTION 32 A DISTANCE OF 1650.55′ TO THE SW CORNER THEREOF AND THE TRUE POINT OF BEGINNING, CONTAINING 55.78 ACRES. ABOVE LEGAL DESCRIPTION WAS WRITTEN BY J. STEVEN FOX, P.L.S #1165 ON OCTOBER 23RD, 2023 USING THE PLAT OF TEXOMA LANDING AS A BASIS OF BEARING.

 

1. The Declarant desires to subject the Property, and the lots located therein, to the covenants, conditions and restrictions set forth below which are for the purpose of protecting the value and desirability of the Property and are for the purpose of distributing among the Lot Owners the costs of maintain and operating the Common Areas located within the Property, and any improvements constructed thereon.
2. Declarant hereby declares that the Property shall be held, sold and conveyed subject to the covenants, conditions and restrictions set forth below.

 

ARTICLE I

 

DEFINITIONS

 

1. Definitions used in this Declaration shall be as follows:

 

1. “Declaration” shall mean the duly adopted Declaration of “Oteka Woods Property Owners Association” as filed hereinafter with the office of the County Clerk for Marshall County, Oklahoma, pursuant to 60 O.S. §850-856, as the same may be amended from time to time.

 

1. “Association” means “Oteka Woods Property Owners Association”, an Oklahoma nonprofit corporation.

 

1. “Bylaws” shall mean the duly adopted Bylaws of the nonprofit corporation, as the same may be amended, changed or modified from time to time.

 

1. “Common Areas” for the association as a whole means the roads, utility easements, entry, recreation areas and access to boat ramp.

 

1. “Members” shall mean the record owners of separately owned Lots included with this

 

1. “Roads” means those areas of land, designated on the recorded subdivision plats of the Property as “Road Easements”, which includes all utility easements, intended to be owned by the Association and devoted to the common use and enjoyment of the owners of the Lots.
2. “Recreation Area” means the open area that includes the community garden (Parcel A), volleyball and basketball courts, pickle ball courts and sand volleyball (Parcel B).

 

1. “Common Expenses” shall mean the following:

 

• Expenses of administration, maintenance, repair or replacement of the Common Areas to the extent such expenses are to be borne by the Association under the terms of this Declaration;
• Expense agreed upon as common by all or a part of the Lot Owners acting through the Association; and

 

• Expenses declared common by the provisions of the Declaration or by the Bylaws in force as of the date hereof or as they may later be amended.

 

1. “Declarant” means Oteka Woods L.C, a limited liability company, and its successors and

assigns.

 

1. “Declaration” means this instrument, by which the Property is submitted to the provisions of 60 O.S. §850-856, together with such amendments to this instrument as may hereafter from time to time be lawfully made.

 

1. “Lot Owner or “Owner” means the person, or legal entity or the combination thereof, including contract sellers, holding the record fee simple title to a Lot in the Property, as the Lot is now or may from time to time hereafter be created or If more than one person, or other legal entity or any combination thereof, holds the record title to any Lot, all of them shall be deemed a single record owner and shall be a single member of the Association by virtue of their ownership of the Lot. The Term “Lot Owner” or “Owner”, shall not mean any contract purchaser, nor shall it include any mortgagee or other person or legal entity holding an interest in a Lot as security for the performance of an obligation.

 

1. “Majority of Lot Owner” means the owners of more than fifty percent (50%) of the Lots. Any specified percentage of Lot Owners means such percentage in the aggregate of such ownership of

 

1. “Person” means an individual, corporation, partnership, association, trust or other legal entity, or any combination thereof.
2. “Property” means all of the land described

 

ARTICLE II

 

GENERAL ADMINISTRATION

 

1. Declarant hereby declares that all the Property is held and shall be held, conveyed, encumbered, used, occupied and improved subject to the following limitations, covenants, conditions, restrictions, reservations, liens and charges, all of which are hereby declared and established and agreed to be in furtherance of a general plan and scheme for the sale of Lots, pursuant to the provisions of 60 S. §850- 856, and all of which are declared and established for the purpose of enhancing and protecting the value, desirability, and attractiveness of the Property. All of said limitations, covenants, conditions, reservations, liens, charges, and restrictions are hereby established and imposed upon the Property for the benefit

 

thereof and for the benefit of each and every individual Lot comprising a part thereof and of each ownership of one or more Lots, now or in the future, and the owners of any interest of any kind or character in Lots, the Property, or any portion thereof. These covenants and restrictions are in addition to the restrictive covenants filed in connection with the Property.

2. All of said limitations, liens, covenants, conditions, reservations, charges, and restrictions shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in any Lot, the Property or any part thereof, whether as sole owner, joint owner, lessee, tenant, occupant, successor, trustee, assigns or otherwise.

 

3. Boat Storage may only be licensed to persons who own Lots subject to this

 

1. Boat Storage shall be used only for the storage of private boats, watercraft or personal transportation vehicle within the No commercial activity of any kind shall be permitted on or around the boat storage structure.

4. Boat Storage Licenses shall be issued by the Association and may only be issued to a Lot Owner. Upon the sale of its Lot, a Boat Storage Licensee may assign its license to the purchaser of the Lot, otherwise the boat slip license shall become available to another Lot Owner in accordance with the procedure established by the “Building Committee”. Assignment of a Boat Storage License must be signed by the buyer and seller of the Lot and acknowledged by an officer of the Association.

 

5. No Boat Storage Licensee shall encumber or permit a recorded encumbrance upon any boat
6. Boat Storage Licensees are prohibited from making any alterations to the boat storage structure, electrical service, storage areas, or other common areas.

 

ARTICLE III

 

INSURANCE

 

1. The Association shall obtain public liability insurance for the Common Areas, casualty insurance for the boat storage structure, and errors and omissions insurance for directors and officers, if possible. Said insurance shall be obtained from a reputable insurance company authorized to do business in Oklahoma. The amount of the coverage shall be as determined by the Building Committee of the Association. The premiums shall be paid from the assessments paid by the Lot and Boat Storage Such policy shall name the Association and all owners as insureds if possible.
2. Damage or destruction to the Common Area shall be promptly repaired and restored by the Association, using the proceeds of insurance, and all Lot Owners and Boat Storage Licensees shall be liable for any deficiency unless otherwise determined by the Building Committee.

 

ARTICLE IV

 

MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION

1. The Association shall have two classes of voting Class A shall be comprised of all Lot Owners and Class B shall be comprised of all Boat Storage Licensees.

 

2. Class A members shall vote on all matters pertaining to the restrictive covenants and maintenance of the common areas including access to the boat ramp but excluding the matters pertaining solely to the boat storage and its appurtenances. Class B members, in addition to Class A members above, shall vote on all matters pertaining solely to the boat storage and its appurtenances and the matters included in the definition of common areas for Boat Storage Licensees. It is not intended that voting be cumulative and in no event shall any member cast more than one vote in the event said member is both a Class A member and a Class B member.
3. The vote of any member comprised of two or more persons, or other legal entities, or any other combination thereof, shall be cast in the matter provided for in the Declaration of Association, or as the several constituents may determine, but in no event shall all such constituents cast more than one vote per Lot or boat storage owned.

 

4. Class A Membership is appurtenant to the Lot and may not be assigned, transferred, pledged, or alienated in any Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association.
5. Class B Membership shall be valid only through the issuance of an approved license which must be signed by the buyer and seller of the Lot and acknowledged by an officer of the Association.

 

ARTICLE V

 

ROAD AND UTILITY EASEMENTS AND GENERAL COMMON AREAS

 

1. The Association shall hold all the road, utility easements, and general common areas subject to the following:
   • The reservation of all roads, easements, and common areas shown on the subdivision

 

• The reservation of the right to lay, install, construct and maintain, on, over, under or in those strips across land designated on the subdivision plat, as “Road Easement”, “Utility Easement”, “Drainage and Storm Sewer Easement”, “Open Space”, or otherwise designated as an easement area, or on, over, under, or in any portion of the Common Area, pipes, drains, mains, conduits, lines and other facilities for water, storm sewer, electric, telephone and other public utilities deemed necessary or advisable to provide adequate service to any Lot now or hereafter laid out or established on the Property, or the area in which the same is located together with the right and privilege of entering upon any Common Area for which purposes and making openings and excavations therein.

 

• The reservation of the right to enter upon the Common Area for the purpose of construction or completing the construction of improvements and the landscaping of the Common Area.

2. The Association shall have the right to grant permits, licenses, and easements over the Common Areas necessary for the operation of the Property.

 

3. The Association shall improve, develop, supervise, manage, operate, examine, inspect, care for, repair, replace, restore and maintain the Common Areas as from time to time need be improved, all in accordance with this Declaration.

 

4. The Lot Owners and each of them, together with all parties bound by this Declaration, covenant and agree that the administration of the Common Areas shall be in accordance with the provisions of this Declaration, the restrictive covenants, the Bylaws, and such rules and regulations as may be adopted by the Board, and the amendments, changes and modifications thereto as may come into effect from time to time. In the event of any inconsistency between the provisions of this Declaration, covenant, the Bylaws, or rules and regulations, the provision of this Declaration shall prevail.
5. The Association shall acquire and pay out of the assessments levied and collected in accordance herewith, for all development, maintenance, and other necessary expenditures relating to the Common

 

6. The Association shall keep or cause to be kept the records with detailed accounts of the receipts and expenditures affecting the Common Areas, and its administration and specifying the maintenance and repair expenses and any other expenses incurred by or on behalf of the Association. The records so kept shall be available for inspection at convenient hours on working days by all Owners and
7. All records shall be kept in accordance with generally accepted accounting Owners and mortgagees shall be entitled to receive, upon request, copies of any records of the Association.

 

8. The right of each Owner to use the Common Areas shall be subject to the terms, conditions, and provisions as set forth in this Declaration and, to any rule or regulation now or hereafter adopted by the Association for the safety, care, maintenance, good order and cleanliness of the Common Areas. All such terms, conditions, provisions, rules and regulations shall inure to the benefit of and be enforceable by the Association and Declarant, or either of them, their respective successors and assigns, against any Owner, or any other person, violating or attempting to violate the same, either by an action at law for damages or a suit in equity to enjoin a breach or violation, or to enforce performance of any term, condition, provision, rule or regulation.
9. The Association and Declarant shall each have the right, summarily, to enjoin, abate, correct and remove any breach or violation by any Owner at the expense of the Lot Owner after reasonable notice has been provided by the Further, each Lot Owner shall be entitled to enforce the provisions of this Declaration to the extent authorized and permitted by 60 O.S. §856. The Lot Owner committing the violation shall pay all attorney fees, court costs and other necessary expenses incurred by the person instituting such legal proceedings to maintain and enforce the above described restrictions, covenants and conditions. The attorney fees and court costs allowed and assessed, together with damages awarded by the court for the violations shall become a lien upon the land of the violator as of the date the legal

 

proceedings were originally commenced, and the lands shall be subject to foreclosure, in actions brought to enforce such restriction, covenants, or conditions, in the same manner as liens upon real estate.

 

ARTICLE VI

RIGHTS AS TO THE COMMON AREAS

 

1. Declarant shall hold, and hereafter grant and convey the Lots, subject to the covenants, conditions and restrictions herein set forth, which are imposed upon the Lots for the benefit of Declarant, the Association and the Owners, and their respective personal representatives, successors and assigns, to the end and intent that each Owner shall hold his Lot subject to this Declaration.

 

2. Any damage to any Common Area which is caused by the negligent act or the willful misconduct of any Lot Owner or licensee may be repaired by the Association but, in such event, the Association shall be entitled to reimbursement from the Lot Owner responsible for such damage.
3. Each Owner shall fully and faithfully comply with the rules, regulations and restrictions applicable to use of the Common Areas, as these rules, regulations and restrictions are from time to time adopted by the Association for the safety, care, maintenance, good order and cleanliness of the Common Areas. Each Owner shall comply with the covenants, agreements and restrictions imposed by this Declaration on the use and enjoyment of the Common Areas.

 

4. Failure or refusal by an Owner after written notice to comply with any of the rules, regulations and restrictions shall be grounds for an action to recover sums due, for damages or injunctive relief or both, and for reimbursement of all attorney’s fees incurred in connection therewith and interest on all of such amounts at the highest lawful rate, which action shall be maintainable by the Building Committee in the name of the Association on behalf of the Owner or, in a proper case, by an aggrieved Owner.
5. The rights, privileges and easements of the Owners are at all times subject to the right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed upon by the Association. No such dedication or transfer shall be effective unless approved by one hundred percent (100%) vote of each class of members of the Association voting in person or by proxy at a meeting called for such purpose, and the same shall have been consented by the agency, authority or utility accepting the dedication or

 

ARTICLE VII

 

RESTRICTIVE COVENANTS

 

1. The following restrictions are hereby imposed and shall be incumbent upon Lot Owners and all transferees, grantees and successors in title or interest to the Property and the Lots for the purpose of providing an orderly development and maintenance of all Lots and building sites included in the Property and for the further purpose of providing adequate restrictive covenants for the mutual benefit of the Association, Lot Owners, and their successors in title to the Property and Each Lot Owner shall, take hold and convey the same, subject to said restrictions and reservations.

 

2. Easements for installation and maintenance of the roads, utilities, and drainage facilities are reserved and recorded. The areas so reserved are hereby dedicated to use for the construction and maintenance of utility facilities above and beneath the surface of the ground for the supplying of electric power and energy, telephone service, water, internet, and other utility services by any Person engaged in supplying such services to the public.
3. No business, trade, commerce, commercial or industrial activity shall be carried on upon the Property. Notwithstanding the foregoing, nothing herein shall prohibit a home office having no on-site employees, customer visits, external signage, or otherwise any indication of a commercial or business

 

4. The minimum square footage to be constructed on any lot is set forth s follows:

 

• Parcel 1, lots #1 thru #14, the minimum livable square footage excluding a guest house in 2,000 square feet.
• Parcel 2, lots #1 thru #9, the minimum livable square footage is 1,800 square

 

• Parcel 3, lots #1 thru #13, the minimum livable square footage is 1,600 square

 

• Parcel 3, lots #1 thru #14, the minimum livable square footage is 600 square

 

• The minimum outdoor living area will be 25% of the interior living space. Driveways or parking will not be considered an outdoor recreation area.

5. No trash, junk vehicles, junk boats, or other refuse may be placed, thrown, dumped or stored on the Property or in the Boat Lot Owners shall keep their Lot and the Boat Storage in a presentable condition and free of debris and refuse.

 

6. No obnoxious, offensive, or dangerous activity shall be carried on upon the Property or Boat Storage nor shall anything be done thereon which may be or may become an annoyance or nuisance.

 

7. Dirt bikes are strictly prohibited in the sub-
8. No structure of temporary character, tent, shack, barn or other outbuilding shall be used on any Lot at any time as a residence, either temporary or permanent.

 

9. No above ground tanks or towers are allowed unless otherwise approved by the

 

10. Transmitting antennas or like structure are not allowed unless approved by the Building Committee. Lot Owners shall submit plans and specifications for approval by the Building Committee, prior to installation.
11. No manufactured homes are

 

12. Once that construction has commenced, all Lots shall be kept in a neat and clean manner and free of debris.

 

13. All Lots with homes shall be landscaped and maintain in a style which maintains the harmony of the Property.

 

14. There shall be no open storage of such items listed below. Such items must be placed inside a building so they are not visible in a manner that is undesirable from the Road or other surrounding Lots and in keeping with the harmony of the Property.
15. Trucks in excess of one (1) ton;

 

1. Damaged or inoperable motor vehicles;

 

1. Trailers, campers, motorhomes, house trailers, Polaris, recreational vehicles, boats, or other watercraft of any kind. Boats can be placed on the property while cleaning, 3 days maximum;
2. Lumber, bricks, rocks or other building materials, either temporarily or permanently, on any Lot, except during a period of construction.

 

15. No farm animals or horses, livestock, poultry, swine or the like are allowed on the Property. Household pets are allowed provided they are not kept, bred or maintained for commercial (No german shepherds or pit bull dogs are allowed).

 

16. No Lot shall be subdivided nor shall any part less than the whole be sold or otherwise transferred to any Person without the approval of the Developer and the Homeowners Association.
17. Any plan to subdivide a Lot must be approved by the Building Committee prior to subdividing the The parties shall submit a variance request to the Building Committee which shall include, but not be limited to, the Lot description and how the voting rights, and assessments associated with the Lot will be divided between the parties.

 

1. The variance shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in any Lot, the Property or any part thereof, whether as sole owner, joint owner, lessee, occupant, successor, trustee, assigns or otherwise.
2. It is the intent of this provision that no building or structure shall be constructed on land that is less than one half acre unless otherwise approved by the Developer and only for the purpose of minor adjustments of Lot lines.

 

17. All new construction, additions, improvements and alterations of any kind on a Lot must be approved by the 3 person “Building Committee” which will be comprised of 1 Board Member, 1 Developer Representative and 1 member of the POA, in accordance with the Bylaws including but not limited to structures, fences, outbuildings, patios, carports, porches, decks, and the like.

 

18. All Lots shall be known and designated as residential building plots. Except for Lot #15 of Parcel 1, which is owned by the Developer and which is to be the site of Boat Storage.

 

19. The Lots are restricted to single family residential uses and Except for Lot #1 thru #14 of Parcel 1 which are allowed to construct a guest house also on the Lot. The Lot cannot be split and must remain under one deed.
20. No more than one residence shall be placed on a Lot unless otherwise approved by the Building

 

21. All buildings on a Lot shall be located within:

 

1. The building setback lines as shown on the plat recorded in the office of the County Clerk of Marshall County, Oklahoma, and

 

1. Ten feet (10’) from any side Lot line unless otherwise shown on the plat. Buildings constructed on two or more Lots shall be ten feet (10’) from any side Lot line of the combined Lots unless otherwise shown on the plat.
2. Eaves, bays, steps, driveways and open porches shall not be considered as a part of a building provided that this shall not be construed to permit any portion of other such items to encroach upon another Lot.

 

22. All outbuildings shall be of new construction, neat in appearance and be appropriately placed on the Outbuildings shall be of the same façade and roofing material and colors as the residence unless otherwise approved by the Building Committee.
23. All dwellings shall have a two-car or three-car garage or

 

24. All service lines such as propane tanks and telephone, water, internet and power lines shall be installed underground.

 

25. All driveways must be of sufficient size to accommodate all vehicle parking and must be a minimum 5” concrete approach and 4” concrete drive.

 

26. The Lot Owner shall install a tin-horn at the driveway entrance which is sized appropriately for proper drainage unless otherwise approved by the Building Committee.
27. Wells can only be utilized for landscape unless the Lot is in excess of one

 

28. Septic systems must conform to the Department of Environmental Quality

 

29. Septic tanks shall be aerobic tank systems with land applications. It shall be necessary for the contractor or contractor-builder, prior to covering any septic tank system, to notify the Department of Environmental Quality that the septic tank system is ready for its final inspection.

 

30. No pre-fab structures allowed on any Lot without approval of the
31. All land contours are to remain as natural as

 

32. All brick used on the exterior of any building must be painted in a nautical

 

33. The only home site fencing will be “Freedom New Haven” which is a brick steel fence panel 5’-0” height and 6’0” long. It is an open fence design which fits perfectly with maintaining the open views throughout the sub-division. Only 35% of the Lot can be enclosed by the fencing. The side yard (10’) and front yard setback (35’-50’) will be maintained as open space with the fence remaining inside the
34. All property owners will maintain the right to lease their property on a short time basis (maximum four weeks at a time), the HOA will form a three member committee, with one member representing the Developer, one member from the Board of Directors and 1 member who has elected to rent his property, the goal of the committee is to represent the top five national companies and negotiate a 2 year contract with one company only to handle marketing and management.

 

ARTICLE VIII

COVENANT FOR ASSESSMENT FOR CLASS A MEMBERS

 

1. Each Owner, by acceptance of a deed, whether or not so expressed in the deed, shall be deemed to have covenanted and agreed to pay the Association (i) yearly dues or charges; and (ii) special dues or charges for capital improvements, such other dues and charges to be established and Dues paid by Lot Owners shall be used for common expenses, excluding boat storage. The dues provided for in Article IX and paid by Boat Storage Licensees shall be used exclusively for the boat storage structure, insurance, electrical, and other boat storage operation expenses. The dues for Boat Storage Licensees shall be maintained in a separate account but transfers may be made to the general association account as needed for contribution to common insurance or expenses, as deemed necessary and appropriate under the provisions of Article IX.

 

2. The yearly special assessments or charges for Class A Members, together with interest at the rate determined by the Building Committee, and the costs of collection thereof and reasonable attorney’s fees, shall be a charge on, and continuing lien upon each Lot against which an assessment is made. Each assessment or charge, together with interest accruing, and costs and reasonable attorney’s fees incurred or expended by the Association in the collection thereof shall also be the personal obligation of the Owner of the Each Owner of a Lot shall by accepting title thereto be deemed to have assented to proceedings for the foreclosure of any lien upon his Lot (including a foreclosure by power of sale pursuant to the Oklahoma Power of Sale Mortgage Foreclosure Act) which results from his failure to pay an assessment on the due date thereof.

 

3. The assessments and dues levied by the Association shall be used exclusively for promoting the recreation, health, safety, and welfare of the residents of the Property, and in particular for the improvement, operation and maintenance of the purposes for which the assessment was made.

 

4. The assessments shall be a continuing lien on the Lot owned by the owner and the assessments or charge, together with interest accruing, and costs and reasonable attorney’s fee incurred or expended by the Association in the collection thereof, shall also be the personal obligation of the Owner of the
5. Yearly dues shall be payable January 31^st, after the title to a Lot is transferred and is due and payable within thirty days after said period. Dues for the year of sale shall be prorated from the day of closing to the end of the year, and paid by the buyer at closing.

 

6. Class A members shall pay a yearly dues of $800.00 per Lot owned. The yearly assessment may be increased each year by five percent (5%), by act of the President, without the necessity of a vote of the Class A membership of the Association.
7. Declarant, due to its continuing investment in the Property shall not be liable for

 

8. In addition to the annual dues authorized above, the Building Committee of the Association may levy a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvement located on any Common Area, including fixtures, related thereto, provided that such assessment shall first be approved by a Majority of the Class A members of the Association, voting in person or by proxy at a meeting called for such The due date of such assessment shall be determined by the Building Committee.

 

9. Except as otherwise provided in this Declaration, assessments must be fixed at a uniform rate for all Lots.

 

10. Default in payment of assessment shall suspend the voting rights, and the right of use of any Common Area during any period in which the member is in default in the payment of any assessment levied by the Property Owners Association; these rights may also be suspended for a period not to exceed 90 days for an infraction of published rules and regulations.

 

11. No Lot Owner may waive or otherwise escape liability for assessments by non-use of the Common
12. The lien of the assessments provided for herein shall be subordinate to any mortgage or deed of trust hereafter placed upon the Lot subject to assessment; provided, however, that the sale or transfer of any Lot pursuant to mortgage foreclosure, or any proceeding in lieu thereof, shall only extinguish the lien of such assessments as to payments which became due prior to such sale or Such sale or transfer shall not relieve the Lot Owner from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. Further, any recorded lien shall be prior to the lien of a mortgage thereafter recorded.

 

13. In the event a mortgage on a Lot should provide that a default in the payment of an assessment shall be an event of default in such mortgage and, if required by the mortgage by written notice to the Association, the Building Committee shall give notice of any default in payment of an assessment to the
14. To evidence the lien for unpaid assessments, the Building Committee shall prepare a written notice of assessment lien setting forth the amount of such unpaid indebtedness, the name of the Owner of the Lot and description of Lot. Such notice shall be signed by the President or a Vice-President of the Association, and shall be duly attested and acknowledged, and shall be recorded in the office of the County Clerk of Marshall County, Such liens shall attach from the due date thereof and impart notice to third parties from the date of the recording thereof. Such lien may be enforced by the foreclosing of the defaulting Owner’s Lot subsequent to the recording of a notice or claim thereof by the Association in like manner as a mortgage on real property. The Owner of the Lot being foreclosed shall be required to pay to the Association the yearly assessment for the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Association shall have the power to purchase a Lot at foreclosure or other legal sale and to acquire and hold, lease,

 

mortgage, vote the votes appurtenant to convey or otherwise deal with the same. Any mortgagee holding a lien on a Lot may pay, but shall not be required to pay, any unpaid assessment payable with respect to such Lot, and such payment shall not be deemed a waiver by the Association of default by the Lot Owner.

15. Upon the sale or conveyance of a Lot, all unpaid assessments against the seller-owner for his pro rata share of the Common Expenses, including interest and costs and reasonable attorney’s fees incurred in collection, shall be first paid out of the sales price or by the purchase in preference to any other assessments or charges of whatever nature, except the following:

 

1. Assessments, liens and charges for ad valorem taxes past due and unpaid on the Lot;

 

1. Judgments entered in a court of record prior to the date of Common Expense assessment;

 

1. Mortgage instruments of encumbrance duly recorded prior to the date of such assessments;

 

1. Mechanic’s and Materialmen’s liens arising from labor preformed or materials furnished upon a Lot prior to the date of such assessment; and

 

1. Mechanic’s and Materialmen’s liens for labor performed or materials furnished upon the Common Areas to the extent of the proportionate part chargeable to the Lot Owners which constitute a part of an assessment charge for Common Expenses, satisfaction of which shall discharge the assessment to the extent of the payment made.

ARTICLE IX

 

COVENANT FOR ASSESSMENT FOR CLASS B MEMBERS

 

1. All matters pertaining to boat storage and all common areas pertaining to boat storage licensees as previously defined in the declaration shall be managed by a Boat Storage Committee comprised of three boat storage The committee shall be elected on an annual basis by all boat storage licensees. The election shall occur simultaneously with the election of the general homeowner directors and officers.
2. Each Owner, by acceptance of a boat storage license, whether or not so expressed in the license, shall be deemed to have covenanted and agreed to pay the Association (I) yearly assessment or charges; and (ii) special assessments or charges for capital improvements, such other assessments and charges to be established and collected. The assessments paid by Boat Storage Licensees shall be used exclusively for the boat storage structure, insurance, electrical, and other boat storage operation expenses. The assessments for Boat Storage Licensees shall be maintained in a separate account from the general association funds but transfers may be made to the general association account as needed for contribution to common insurance or expenses, as deemed necessary and appropriate by the boat storage licensees.

 

3. The yearly and special assessments or charges, together with interest at the rate determined by the Building Committee, and the costs of collection thereof and reasonable attorney’s fees, shall be a charge on, and continuing lien upon each Lot owned by a Boat Storage Licensee upon which an assessment is made. Failure to pay the assessments when due shall entitle the Boat Storage Committee

 

to revoke, without further notice, the boat storage license. Each assessment or charge, together with interest accruing, and costs and reasonable attorney’s fees incurred or expended by the Association in the collection thereof, shall also be the personal obligation of the licensee. Each boat storage licensee shall be deemed to have assented to revocation of the license and proceedings for the foreclosure of any lien upon his Lot (including a foreclosure by power of sale pursuant to the Oklahoma Power of Sale Mortgage Foreclosure Act) which results from his failure to pay an assessment on the due date thereof.

4. The assessments shall be a continuing lien on the Lot owned by the owner and boat storage licensee and the assessments or charge, together with interest accruing, and costs and reasonable attorney’s fees incurred or expended by the Association in the collection hereof, shall also be the personal obligation of the Owner of the Lot and licensee.

 

5. Yearly assessments shall be payable January 31^st and are due and payable within fifteen days after said Assessments for the year of issuance of the license shall be prorated from the day of issuing the license to the end of the year, and paid by the buyer upon issuance of the license.
6. Class B members shall pay a yearly assessment of $300.00 per boat storage unit owned. The monthly assessment may be increased each year by five percent (5%), by act of the Boat Storage Committee without the necessity of a vote of the Class B membership of the Association.

 

7. Declarant, due to its continuing investment in the Property shall not be liable for

 

8. In addition to the monthly assessments authorized above, the Boat Storage Committee may levy a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvement located on any of the boat storage units, including fixtures related thereto, provided that such assessment shall first be approved by a Majority of the Class A members of the Association, voting in person or by proxy and a meeting called for such The due date of such assessment shall be determined by the committee.
9. Except as otherwise provided in this Declaration, assessments must be fixed at a uniform rate for all licensees.

 

10. Default in payment of assessments shall suspend the voting rights, and the right of use of the boat storage during any period in which the member is in default in the payment of any assessment against Class B members; these rights may also be suspended for a period not to exceed 90 days for an infraction of published rules and regulations;
11. No Boat Storage Licensee may waive or otherwise escape liability for assessments by non- use of the boat storage.

 

12. The lien of the assessments provided for herein shall be subordinate to any mortgage or deed of trust hereafter placed upon the Lot subject to assessment; provided, however, that the sale or transfer of any Lot pursuant to mortgage foreclosure, or any proceeding in lieu thereof, shall only extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. Such sale or transfer shall not relieve the Lot from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent Further, any recorded lien shall be prior to the lien of a mortgage thereafter recorded.

 

13. In the event a mortgage on a Lot should provide that a default in the payment of an assessment shall be an event of default in such mortgage and, if required by the mortgage by written notice to the Association, the Boat Storage Committee shall give notice of any default in payment of an assessment to the mortgagee.
14. To evidence the lien for unpaid assessments, the Boat Storage Committee shall prepare a written notice of assessment lien in the name of the Association setting forth the amount of such unpaid indebtedness, the name of the Owner of the Lot and description of Such notice shall be signed by the President or a Vice-President of the Association., and shall be duly attested and acknowledged, and shall be recorded in the office of the County Clerk of Marshall County, Oklahoma such liens shall attach from the due date thereof and impart notice to third parties from the date of the recording thereof. Such lien may be enforced by the foreclosing of the defaulting Owner’s Lot subsequent to the recording of a notice or claim thereof by the Association in like manner as a mortgage on real property. The Owner of the Lot being foreclosed shall be required to pay to the Association the yearly assessment for the Lot during the period of foreclosure and the Association shall be entitled to the appointment of a receiver to collect the same. The Association shall have the power to purchase a Lot at foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same. Any mortgagee holding a lien on a Lot may pay, but shall not be required to pay, any unpaid assessment payable with respect to such Lot, and such payment shall not be deemed a waiver by the Association of default by the Lot Owner.

 

15. Prior to or at the time of transferring a boat storage license, all unpaid assessments pertaining to the license shall be paid in full.
16. The general bylaws pertaining to meetings shall be applicable to the Class B members and

 

ARTICLE X

 

GENERAL PROVISIONS

 

1. All meetings of Members and matters involving the election of Directors and Officers shall be as set forth in the Bylaws of the nonprofit corporation.
2. The Directors of the Association shall prepare a roster of the Lots and boat storage licensees and assessments applicable thereto. Such roster shall be kept in the office of the Association and shall be open to inspection by any Owner.

 

3. Invalidation of any one of these covenants or restriction by judgment or court order shall not affect any other provisions herein contained, and all other provisions shall remain in full force and

 

4. The covenants and restrictions of this Declaration shall run with and bind the Property, for a term of ten (10) years from the date of this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless, prior to the expiration of the then current term, a written instrument shall be executed by the then owners of seventy-five present (75%) of the Lots stating that this Declaration shall expire at the end of the then current term.

 

5. This Declaration may be amended during the first ten (10) year period by a greater than 50% vote of the total votes of the Members at that time. After the first ten (10) years, this Declaration may be amended by a greater than 60% vote of the total votes of the Members at that time. Any amendment must be signed by all those voting for said amendment and must be recorded in the office of the County Clerk of Marshall County, Oklahoma.
6. Anything set forth in this Declaration to the contrary notwithstanding, Declarant shall have the absolute unilateral right, power and authority to modify, revise, amend or change any of the terms or provisions of this Declaration, all as from time to time amended or However, this unilateral right, power and authority of Declarant, may be exercised only if either the Veterans Administration or the Federal Housing Administration or any successor agencies thereto shall require such action as a condition precedent to the approval by such agency of the United States of the Property or any part thereof or any Lots thereon, for federally approved mortgage financing purposes under applicable Veterans Administration, Federal Housing Administration or similar programs.

 

7. Mortgagee joins herein for the purpose of assenting to and subordinating the Mortgage to the legal operation and effect of this Declaration, reserving, however, the lien and effect of the Mortgage or the easements, reservations, rights and benefits reserved and retained by the Declarant

 

8. Each Owner shall register in writing his mailing address with the Association, and notice or demands intended to be served upon an Owner shall be sent by certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address.
9. All notices, demands or other notices intended to be served upon the Association shall be sent certified mail, with postage prepaid, to the registered office of the Association or at such other address of which the Association may be furnished from time to time.

 

EXECUTED the day hereinabove first written.

 

 

OTEKA WOODS, LLC

 

By:                                                                    Trustee of the Ben L. Graves Revocable Trust, 2010

 

ACKNOWLEDGMENT

 

 

STATE OF OKLAHOMA                   )

)               SS

COUNTY OF CLEVELAND                )

 

Acknowledged before me this               day of November, 2023, by Ben Graves as Trustee of the above named trust, Managing Member of Oteka Woods L.L.C., a limited liability company.

 

 

 

Notary Public

My Commission Expires: