Grand Dell

Following are the most recent Amended Restrictions dated May 9, 2016:

 

This Second Amended Restrictions of Grand Dell are made on May 19, 1994, by the undersigned, Ernest E. McMahan and Maisie M. McMahan, his wife; Arvel J. McMahan and Carol McMahan, his wife; and Arvel E. McMahan LaVerne G. McMahan, his wife, the developers, and 51% of the lot owners in Grand Dell Subdivision as shown on the Plat recorder in Plat Book 5, page 1 in the Oldham County Court Clerk’s Office; and same do hereby amend the Second Amended Restrictions of Grand Dell dated April 5, 1990 recorded in Restrictions Book 4, page 382 in the Oldham County Court Clerk’s Office and the Amended Restrictions of Grand Dell dated April 23, 1991 recorded in Restrictions Book 4, page 656 in the Oldham County Court Clerk’s Office. 

 

The developers and 51% of the lot owners, as evidenced by Exhibit A attached hereto, wish to amend, revise and restate the Declaration pursuant to paragraph 31 of the Declaration as set forth below.

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NOW THEREFORE, the developers and lot owners hereby amend, revise and restate the Declaration as follows:

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Ernest E. McMahan and Maisie M. McMahan, his wife; Arvel J. McMahan and Carolyn L. McMahan, his wife; and Arvel E. McMahan and LaVerne G. McMahan, his wife; have filed in the Oldham County Court Clerk’s Office a subdivision known as Grand Dell recorded in Plat Book 5, page 1 and hereby impose on all property shown on said plat the following restrictions for protection and conservation of its value as to the use and improvements of said property, all of which shall be observed by the purchasers of lots in said development, their successors in title and their heirs and assigns, to wit:

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1. All lots are subject to the easements for electrical, drainage, gas, water and telephone utilities as shown on the plat of said subdivision. Easements are reserved as shown on the recorded plat with right of ingress and egress and with the right to cut down or trim any trees within the easements that nay interfere with the installation or operation of the utility lines. The easements shall be kept free of all obstructions, including permanent fences, shrubbery, and gardens.
    

2. All residences erected on lots in this subdivision must face the roads as shown on the plat. The location of a residence on a corner lot will be optional, but set back requirements from each road shall apply.
    

3. All lots shall be used exclusively for single family private residences. No more than one dwelling house designed for occupancy by a single family shall be erected on any one lot. No house trailers, basements, tents, garages or outbuildings or temporary structures shall be used as a residence on any site.
    

4. No residence shall be occupied until the exterior of the residence is fully completed in accordance with the plans and specifications as submitted and approved by Grand Dell Homeowners Association, Inc. (hereinafter referred to as the “Association”). All construction must be fully completed within 18 months.
    

5. No lot shall be divided or diminished in size unless the same shall be used with an adjacent lot for the purpose of constructing one residence thereon. However, the annual assessment shall still be required on divided lots.
    

6. Residences erected on said lots shall contain the following minimum square feet of floor space.
    

   1. One floor plan residence, 1500 square feet on the main floor, not including garage, breezeway or porches.

   2. Two-story residence, 1000 square feet on the main floor, and not less than 2000 over all, not including garage, breezeway or porches.

   3. One and one-half story residence, 1800 square feet with a minimum of 1200 on the main floor, not including garage, breezeway or porches.

   4. Bi-level floor plan residence 1400 square feet on the main floor, not including garage, breezeway or porches.

   5. Tri-level plan residence, 2000 square feet combines total of the three levels, not including garage, breezeway or porches.

   6. No residence shall have a roof pitch of less than 6/12 (6” rise in one foot).

   7. Each lot owner shall concrete or blacktop the driveway within 12 months after completion of a dwelling.
      
       

7. All residences shall have a two car garage for storage of cars, trucks, boats, campers, lawn mowers and other vehicles. When the shape of a lot does not make an attached garage practical, this requirement may be waived by the Association in writing provided a two car garage is provided either in the basement or free standing and the house has 15% more square footage than outlined in article #6 of these restrictions. In the event a single family residence has at least fifty (50) percent more square footage than required by Paragraph 6 of the original Restrictions, then, in that event, a garage can be either in the basement or attached, provided that it is approved by the Association in writing.
    

8. All residences erected shall have exterior wall of brick, brick veneer, stone, stone veneer, clapboard, vertical siding or approved plywood or vinyl siding. Other materials shall first meet approval of the Association. Each residence shall be compatible with the overall development of the subdivision. Geodesic domes, underground homes, flat roofs, modular or section homes are not compatible to the intent of these restrictions and will not be permitted. No homes or outbuildingsshallhaveanypreusedmaterialsontheexteriorexceptusedbrick. Thereshallbeno home or building moved onto any site from other locations.
    

9. Before any excavation or construction is begun, all plans for the residence and any outbuilding thereon must be submitted to and approved by the Association or its assigns who shall have the right to approve or disapprove any submitted plan. The approval, or disapproval, shall be in writing. No house of near identical design shall be approved unless the location of such houses meet the Association’s approval.
    

10. The front of all residences, including all bays, porches, etc., shall be restricted to the minimum building line that is shown on the plat and shall not be greater than 140 feet from the front building line unless approval is obtained from Kentucky Utilities Company. The side and rear building lines for each lot shall be a minimum of 20 feet from each side lot line and 20 feet from each rear lot line.
     

11. A barn or outbuilding will be permitted on a site to properly house animals, boats, cars, and recreation equipment. No inoperable or unlicensed vehicles will be permitted to be stored on any siteunlessstoredinsideofabuilding. Anyutilitiestooutbuildingmustbeunderground.
     

12. All outbuildings shall be neat and attractive in appearance. If constructed of concrete block, they must be veneered with brick, stone, wood or combination thereof. Out buildings must be approvedbytheAssociation. Nopreusedmaterialshallbeusedontheexteriorofanybuilding.
     

13. All fences must be plank, picket, wood rail, or woven wire. No fence shall exceed the height of 54 inches and shall be open construction. Any fences from the rear of the house forward to the street must be wood plank, open construction. All fences must be approved by the Association.
     

14. No sheep, goats, swine or other like animals shall be raised on any site. No pen or kennel for commercial purposes shall be allowed on any site. Horses and cattle will be permitted with a limit of one (1) head per acre on lots of two (2) acres or more. Female poultry (hens) will be permitted with a limit of four (4) hens per acre, and roosters are strictly prohibited.
     

15. No lot shall be used as a dumping ground for rubbish, trash or other waste. Garbage and other waste shall be kept in sanitary containers and said containers shall be kept in a clean, sanitary condition.
     

16. No signs or commercial advertising shall be permitted on any lot. This does not apply to real estate or residential construction signs. No commercial vehicle shall be housed or maintained on any site.
     

17. Building materials shall not be stored on a lot prior to construction for a period of more than sixty (60) days without permission of the Association.
     

18. The finished landscaping of lots is to be completed within one (1) year after the residence is occupied.
     

19. No noxious or offensive conditions or activities shall be permitted or carried on upon any property, nor shall anything be done there in which may be or become an annoyance or nuisance to the neighborhood. 
     

20. All construction shall be confined to the boundaries of the lot under construction, and the owner/or builder will be liable for damages to any other lot or road damaged outside his particular lot.
     

21. Each lot shall have a minimum culvert measuring fifteen (15) inches by twenty (20) feet to be located under the driveway serving that lot, to be installed by the owner at his expense, before construction begins. A culvert may be omitted if the ditch is shallow and the driveway is level with the bottom of the ditch and will not obstruct the flow of water in the ditch.
     

22. There shall be no privies or outside toilets.
     

23. The purchaser of each lot agrees that he/she will not use or permit the use of said lot, nor sell any portion thereof, for a passageway leading from the road to any adjoining property.
     

24. All lots shall be properly cut and maintained. The Association, through its Board of Directors, reserves the right to approve or disapprove the general appearance and condition of any lot. If, in the Board's opinion, maintenance has been neglected and the property appears to have been abandoned, the Board will attempt to contact the owner of record by mail at the last address on record with the Association Treasurer. If no apparent action has been taken by the property owner to mow and maintain the property within four weeks after the first notice has been sent to the owner of record, the Association shall have the right to perform basic maintenance, including but not limited to mowing, and to charge the owner the current market rate for any services performed. If said charge is made, the Association reserves the right to bring legal action against the owner of record for repayment and/or to file a lien upon the lot until the obligation is paid, however this lien shall be second and inferior to any subsequent valid mortgage or vendor’s lien against any lot, and the Association does hereby subordinate the same.
     

25. It is further understood and agreed that all Lots in Grand Dell shall be assessed by the Association annually, an “Assessment” composed of an annual “Maintenance Fee” per Lot; plus, an annual “Garbage Collection Fee” per residence. The amount of the annual Maintenance Fee shall be determined by the Board of Directors of Grand Dell Homeowners Association, Inc., based on past experience and the budget proposed for the ensuing year. The amount of the annual Garbage Collection Fee shall be determined by the Board of Directors based on a single Grand Dell collection service secured by the Board upon competitive bidding. The funds obtained by the Assessment shall be used only for purposes generally benefiting the Association, including, but not limited to, the maintenance necessary and incident to the upkeep of the subdivision and the collection of garbage by a single contractor. The Association shall place said funds into an account with a local financial or banking institution. The proceeds from said Assessment shall be expended at the discretion of the Board of Directors, its successors or assigns, for all necessary uses as provided herein. For the calendar year 1998, there shall be a Maintenance Fee Assessment in the sum of $86.00 per Lot; plus, an Assessment for Garbage Collection in the sum of $114.00 per Residence. The Board shall have the discretion to either increase of decrease the annual Assessment following approval of the Board of its proposed budget for the next succeeding calendar year. The foregoing Assessment shall constitute a lien upon each Lot until paid; however, this lien shall be second and inferior to any subsequent valid mortgage or vendor’s lien against any Lot and the Association does hereby subordinate same. All costs including legal fees, cost of collection or enforcement of this provision hereunder shall be reimbursed to the Association or its successors or assigns by the Lot Owner.
     

26. In order to provide for the continued maintenance and upkeep of the Grand Dell subdivision, and to establish an equitable and orderly plan for preserving the usefulness and appearance thereof, there is hereby provided for and established the Grand Dell Homeowners Association in which the owners of each lot in said Grand Dell shall upon acquisition of title be deemed to hold one (1) membership and be entitled to one (1) vote or voice in the organization of and in the conduct of the affairs and business of the Association, which membership and voting right shall pass, with title, to the succeeding owner or owners of such lot. Annual dues must be current n order to be a voting member.
     

27. All lot owners who have paid the fees herein provided shall automatically become members of the Association. The business of the Association shall be conducted by a Board of Directors who shall be elected from the general membership at annual membership meetings. Said Directors are to administer the collection of the fees herein described and expend them for subdivision maintenance and make an annual accounting to the membership of all funds collected and disbursed. The Association shall adopt By-Laws and conduct all business pursuant to the terms of said By-Laws.
     

28. The Association, or the owner of any subdivision lot, may enforce these Restrictions and covenants by proper legal proceedings, and the invalidation of any one or more of these restrictions and covenants or any part thereof by judgment or order of any court shall not affect the other restrictions and covenants which remain in full force and effect as herein provided.
     

29. The Association shall assume and have responsibility for the maintenance and upkeep of any public areas, lighting and other services installed or established later in the subdivision. The amount of assessment for these services will be established by the Association.
     

30. All restrictions and provisions herein shall be deemed to be covenants running with the land and binding upon the parties hereto, their heirs, assigns and successors, and to each purchaser, his heirs, successors and assigns, and shall be in full force and effect from the date of the recording of subdivision plat and shall apply to all lots. Any legal fees involved in enforcing any of these restrictions shall be the responsibility of the lot owner.
     

31. Any of the restrictions imposed herein may be altered or abolished by the agreement between the owners of fifty-one (51%) percent of the lots in the subdivision, acknowledged and recorded as a Deed of Conveyance and such alteration or abolition shall thereafter be binding on all owners of the lots in the subdivision.

​The owners of lots 79, 80, 81, 83, 84, 85, 86, 87, 88, and 89 which front on the lake in Grand Dell shall share equally in the expense or the upkeep of the lake, dam and lake water purity. Decisions on the lake work will be by simple majority of the lake lot owners. All lake lot owners shall be informed of expenses prior to any monies being spent. When all the lake front lots are sold the owners shall form among themselves a lake front association to carry out the above maintenance requirements and the use of the lake.