Deed Restrictions

The deed restrictions written below are transcribed here for easy readability, searching, and reference. All emphasis, styling, and headings are added here purely for convenience and should not be construed to be part of the official deed restrictions. You are encouraged to review the original PDF copy of the deed restrictions, available here.

Section 1 – Intent

The intent of the Deed Restrictions is to create a residential area of consistent quality and value, and to insure the residents / homeowners that there is a system in place to evaluate concerns which might effect consistency and value as they relate to the real estate.

Section 2 – No Other Buildings

No buildings or other structures of any kind shall be erected, placed, or allowed to stand on any lot except residential dwellings.

Section 3 – Original Design

Design and construction of residential dwellings and appurtenances shall be the responsibility of developer, their heirs, or assigns, for the purpose of providing consistency to the entire subdivision. Developer shall retain control of all design and construction criteria until the entire subdivision is completed and may change or alter design and construction criteria at their sole discretion.

Section 4 – Setback Requirements

Setback Requirements: Building footprint and location within lot shall require review and approval by developer prior to commencement of construction. Developers’ written consent is required prior to issuance of any building permits.

Section 5 – Business Activity

No business activities shall be conducted upon any Residence lot, and no advertising signs shall be displayed.

Accessory permitted uses: The office or studio in the residence of a physician, dentist, engineer, architect, scientist, or other member of a recognized profession but not including, beauty parlors, barber shops, schools of any kind including daycare and/or home childcare; and providing that not more than ⅓ of the floor space of the residential dwelling is devoted to this professional’s endeavor alone.

Section 6 – Square Footage

The minimum square footage requirements shall be as follows: exclusive of basements, garage or garage spaces, attics, porches, and decks:

  • 1,400 ft.² of heated living area per single family dwelling
  • 1,000 ft.² for attached residences

Section 7 – Temporary Structures

No temporary structure of any nature will be allowed on these lots at any time including but not limited to:

  • Mobile home
  • Pre-manufactured or modular home
  • Trailer
  • Tent
  • Shack
  • Barn
  • Pools

Exception to this restriction would be during development and construction.

Section 8 – Yard Space, Fencing, Decking, & Yard Waste

Yard space, exclusive of residence shall be maintained lawn or landscaping which immediately surrounds the residence.

Fencing, decking, or patio shall only be allowed if approved by developer and Athens City and must be consistent in design and conforming to the specifications provided by developer for the purpose of maintaining consistency throughout these properties.

Yard wastes must be disposed of properly without accumulation on any subject lot, and subject to the guidelines of the Homeowners Association and the City of Athens, Ohio.

Section 9 – Parking, Recreational Vehicles, & Trucks

Each lot owner shall provide parking space for vehicles on his / her / their own property. Storage of wrecked, junked, or permanently disabled vehicles is not permitted.

Boats, campers, or recreational vehicles may not be stored on the premises not on adjacent roadways or pocket parking areas.

No large trucks, commercial vehicles, or trailers are to be stored / parked on these properties at any time other than for the purpose of delivery of construction materials.

Section 10 – Livestock & Pets

These premises shall not be used for housing, feeding, corralling, or harboring goats, swine, chickens, or other fowl or livestock of any kind. No animals will be allowed in the subdivision with the exception of dogs and cars, which shall be kept in such a manner as to not become a nuisance of any kind to other residents of the subdivision. Such animals shall be kept in accordance with all City and State laws and regulations.

Section 11 – Offensive Activity

No offensive activities shall be carried on upon any lot, or anything done that becomes a public nuisance or annoyance within the subdivision.

Normal development activities including but not limited to the following shall not be construed as an annoyance during the entire development of this subdivision:

  • Construction of residences
  • Roadway and infrastructure construction
  • Landscaping

Section 12 – Advertisments

No advertisements or billboards or signage of any nature will be allowed within the subdivision with the exception of typical real estate signs not to exceed 6 ft.² and any / all Westfield Place identification signature.

Section 13 – Easements

Grantor reserves easements and rights of way in, over under, and across each lot for the installation and maintenance of telephone and electric pole lines or conduits, and / or sewers swales and conduits for storm water and sanitary purposes, gas and / or water veins, or for any other similar facility or utility deemed convenient or necessary by Grantor, or its designee, for the service of the premises hereby conveyed and for adjoining and adjacent property.

Grantor hereby reserves easements and rights of way in, over under, and across each lot for the maintenance of sewers, swales, and conduits for storm water and sanitary purposes.

Grantor hereby reserves the right to assign the use of any or all of said easements and rights-of-way to any person, firm, or corporation furnishing any one or more of the aforesaid facilities or utilities. Nothing herein contained shall obligate the Grantor to install or furnish any of the aforesaid facilities, utilities, or services.

Section 14 – Utilities

Grantor reserves to and for itself and its designee the right to grant consents for construction and operation of electric light, telephone poles, conduits, gas lines, pipes or any and all other utility related items in and upon any and all roadways now existing and later created, upon which any portion of said premises shall abut.

Section 15 – Heating Fuels

The use of wood or coal as a primary heating source for any residence or building on any one of the lots in the Westfield Place Subdivision will be disallowed for the purpose of maintaining and promoting clean air quality.

Section 16 – Dues

All lot owners shall be dues paying members of the Westfield Place Homeowners Association – which shall own, maintain and control all the Green Belt areas, provide common insurance coverage in these areas, own and operate the community park, own and maintain the storm water detention facility, own and maintain the designated pocket parking areas, and promote the quality, condition, and maintenance of the entire subdivision. The Homeowners Association will be comprised of the developer (until completion) and resident owners of the Westfield Subdivision.

Section 17 – Street Lights

Street Lighting will be accomplished using a standard developer selected light fixture situated at designated locations in the subdivision. Each fixture consistent in design will be outfitted with a dusk to dawn sensor and operate independently to provide street lighting when conditions require. Each homeowner shall be responsible for the installation, maintenance, and cost of operating said light fixture on their lot.

Section 18 – Developer Sale

Grantor reserves the right to require that all property conveyed within the Westfield Place Subdivision within a ten year term from the sale of the final lot will be listed with Sole and Bloom Realtors, developers exclusive agent, their heirs and assigns, with rates and terms customary to the area.

Section 19 – Pocket Parking

Several pocket-parking areas will be developer within Westfield Place for the purpose of providing additional visitor parking areas within this residential area. These spots will be maintained and regulated by the Homeowners Association once established. Storage parking or use of these spots by specific lot owners for purposes other than short term visitors use is expressly disallowed.

Section 20 – Maintenance

Specific maintenance requirements will be enforced and required of the individual lot owners. The requirements will address the specific time and maintenance requirements as they impact upon but not limited to:

  • Roofing
  • Siding
  • Windows
  • All drainage equipment
  • Yard maintenance
  • Landscaping
  • Driveways
  • Individual parking areas

The exterior maintenance requirements will be specified at the time of purchase dependent upon specific construction materials utilized and the manufacturer’s recommended warranties and maintenance procedures.

Section 21 – Water Runoff

In an effort to properly maintain all water drainage / rain carrying equipment (gutters, down spouts, attached drainage piping) each residence owner shall cooperate with the adjoining residence owner(s) to properly maintain and / or replace any malfunctioning drainage carrying equipment in a given building. Direction fro the maintenance of this equipment will be defined by the Westfield Homeowners association. These expenses shall be divided equally amongst the residence owners in any specific double or triple building.

Section 22 – Shared Driveways

In some instances, attached residences may have a shared driveway. In this event, a shared driveway agreement will accompany the purchase documents. This document will specifically indicate the ownership interest and maintenance requirements of the subject shared driveway for the mutual benefit of both parties.

Section 23 – Ending the Deed Restrictions

These covenants and Deed Restrictions shall run with the land and shall be binding on all parties and persons claiming under them for a period of 30 years. Automatic extension of these covenants shall take place for additional 10 year periods unless a new instrument is approved and signed by a majority of subdivision owners and has been recorded with the Athens County Recorder.

Section 24 – Violations

If the Grantees their successors or assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for any person or persons owning any real property situated in Westfield Place, to institute legal action against any person or persons violating or attempting to violate any such covenants and either to prevent it or them from so doing, or to recover damages or other dues for such violation. Any violators of these restrictions shall be responsible for the payment of attorney fees and costs expended by any entity enforcing these restrictions.

Section 25 – Developer Rights

Developer reserves the right to combine existing platted lots for the purpose of creating a building location suitable for a customized residential building.

Section 26 – Occupancy Limits

A maximum of three unrelated individuals may occupy any single residence.

Section 27 – Insurance

Each lot owner shall obtain and at all times maintain insurance for the improvements constructed on his lot against loss or damage by fire, lightning and other hazards as are ordinarily insured against in fire and extended coverage policies issued on residential dwellings. The amounts of such insurance coverage shall not be less that the actual replacement cost of such improvements as determined from time to time by insurer.

Section 28 – Damage & Destruction

Because of the purposeful plan of common design of the residences situated upon the real estate subject to this declaration, and because of the close proximity of one residence to another, each lot owner acknowledges that the desirability and marketability of his residence is dependent upon the conditions of the neighboring residences. Therefore, each lot owner by acceptance of the Deed to his lot, specifically covenants with the other lot owners subject to this Declaration, that if his residence is damaged or destroyed, he shall rebuild and restore his residence according to the terms of Deed Restriction #29. Each lot owner, by purchase of his lot is specifically relying on the promises of each other lot owner to rebuild his residence in the event of its damage or destruction.

Section 29 – Payment for Damage & Destruction

In the event that a residence is damaged or destroyed the owner of the lot upon which the residence sits shall agree to repair, rebuild and restore the residence to the condition it was in immediately preceding the damage or destruction. Any residence which is repaired, rebuilt, or restored shall contain the same square footage of the original dwelling. The interior and exterior shall be of similar design. The quality of workmanship and materials shall be substantial: the same or better than that which was originally constructed on the lot. The insurance proceeds payable by reason of the damage or destruction shall be utilized to pay the costs of repair, rebuilding and restoration of the residence. In the event that the proceeds are insufficient or nonexistent, the lot owner shall still cause the townhouse to be repaired, rebuilt, or restored. The lot owner shall have a reasonable time in which to commence such rebuilding; however, in no event shall such time period exceed sixty (60) days. The lot owner shall have a reasonable time to completely repair, rebuild and restore the damage to the residence; however in no event shall the time period exceed twelve months.

Section 30 – Failure to Repair Damage & Destruction

Should a lot owner fail to commence rebuilding or fail to completely repair and restore a residence, as provided above, he shall be in breach of covenants of this Declaration. The Developer and/or other lot owner or lot owners, after giving thirty (30) days notice to the lot owner in breach by certified mail, may undertake to repair, rebuild, and restore a residence which has been damaged or destroyed. The lot owner in breach shall be liable for the cost incurred by the Developer and/or any other lot owner or lot owners for the repair, rebuilding or restoration of the residence.

The Developer and/or any other lot owner or lot owners may recover these costs in a lawsuit, together with interest at the highest rate allowable by law on the amount advanced for the reconstruction. If a lot owner causes or allows a residence to be repaired, rebuilt or restored in a manner inconsistent with Deed Restriction #29, the
Developer and/or any other lot owner may:

  • (a) seek and injunction to prevent further violation of this restriction,
  • (b) seek damages for breach of this covenants; or
  • (c) seek any other remedy allowed at law or in equity.

Section 31 – Deed Restrictions to Grantees

The aforementioned Deed Restrictions shall accompany every and all deeds that are conveyed from all Grantors to al Grantees of the lots in the Westfield Place Subdivision. Developer shall retain the right to amend or change these deed restrictions up to, until, or prior to the conveyance of any recorded an platted lot in Westfield Place.