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LAKE HARMONY INFORMATION
February 2016 1) Wayne County Deed Restriction to Lake Harmony allotment Original Rules and restrictions attached to private property ownership within the Lake Harmony allotment 2) Property Association of Lake Harmony, Inc. Guidelines, rules and restrictions regarding the use of all common property belonging to Lake Harmony, Inc. Deed Restrictions to Lake Harmony Allotment On file at the Wayne County Courthouse 1. All lots in this tract shall be used for private residence purpose only; no business, commercial, sales, manufacturing or other enterprise shall be conducted on any lot. 2. Single family dwellings only shall be permitted and only one single family dwelling shall be erected on any one lot. No building shall be erected on any lot unless the center of the building shall be on the center of the lot as determined by drawing bisecting lines between the North and South and East and West boundary lines of the lot (except existing farmhouse). 3. No dwelling shall be erected on any lot in this allotment having a main foundation or ground floor living area of less than 1200 square feet for a single story structure, or 900 square feet for a two-story structure. Garages, porches, or terrace cannot be included. A dwelling which shall measure less than 15 feet between the finish line of the first floor above grade and the finish ceiling of the topmost floor shall be construed to be a single story dwelling. 4. No building, wall or fence shall be erected or maintained nearer to the street than the nearest portion of the house. In any event, no wall or fence shall be erected on any lot without the written consent of the architectural committee herein established in Item 12. 5. No building shall be erected or maintained nearer than 12 feet to any property line. 6. All garages shall be connected to the main house and shall be an integral part thereof. 7. No permanent garage, outbuilding, basement house or other structure shall be erected or maintained upon any lot prior to the erection of the dwelling house. No garage, temporary building, trailer, or basement shall be used for dwelling purposes. 8. No advertising sign, billboard, or other advertising devises shall be erected or maintained on any lot except a “For Sale” sign pertaining to the sale of the particular lot on which it may be displayed. 9. No animals other than house pets shall be permitted on the premises except that one dog or one cat may be kept in an approved kennel. Approval may be given by the architectural committee. 10. Each lot shall be subject to an easement of five feet (5) in width on each side of every lot and ten feet (10) in width along the allotment boundary together with the streets show hereon, to be used for communication and transmission of electrical energy to the lots of this allotment; also gas lines or drainage lines or tile. 11. No lot shall be reduced in area except as an addition to another lot. Portions of a lot may be added to another lot, or two or more lots may be combined for use as a single building site. 12. Architectural Committee a. No building or structure shall be erected, placed or altered on any lot unless and until the plans and specifications of said building and the plot plan showing the location on the lot shall have been approved in writing by a committee to be appointed by Lake Harmony, Inc. The sole purpose of this committee shall be to insure compliance with the restrictions set forth herein. The authority of this committee to approve or disapprove shall be limited to the accomplishment of this purpose. b. Members of this committee shall not be entitled to any compensation for the services performed pursuant to this covenant. In the event of the death, resignation, or disability of any member or members of said committee, the remaining members shall have the right to fill or act as a committee until such vacancy is filled. c. In the event the committee fails to approve or disapprove within sixty (60) days after plans have been submitted to it, or in the event no suit to enjoin the construction of a dwelling has been commenced prior to the completion thereof, such approval will not be required and the related covenants shall be deemed to have been fully complied with. 13. No house trailer shall be permitted on any lot. 14. No excess dirt shall be hauled away from the development. Whenever such dirt is available it shall be placed in a fill area to be designated by the architectural control committee at no cost to the grantor. 15. No obnoxious or offensive activity shall be carried on upon any lot at any time, or be done thereon, which may be or may become an annoyance or nuisance to other lot owners in the development. 16. Septic tanks with a county approved leaching system is approved until a sewer system and disposal system is installed. At that time, all septic tanks must be abandoned and sewers connected to sewer system at each lot owner’s expense, for the proportionate cost of the sewer installation. 17. No unsightly, junky yards or unlicensed vehicles or parts thereof shall be permitted on a lots. 18. The existing farm house not located in this plat is excepted from the restrictions as a single family residences. In no event shall the existing farm house be divided into more than three single family apartment units. 19. No owner of any lot or lots in this allotment shall perform any construction or other work on Sunday within the confines of the allotment, nor shall he permit any construction or work to be performed on his lot by anyone. 20. Each and all of the covenants herein shall be enforceable by injunction and/or other appropriate legal action by the grantor, its successors or assigns. Any invalidation of any of these covenants by court order shall in no way affect the validity or enforceability of any of the other provisions which shall remain in full force and effect. 21. The provisions of these restrictions shall be deemed covenants which shall run with the land and which shall bind all grantees, their heirs, successors and assigns. Any person owning any lot included in this plat shall have the right to prosecute any proceedings at law or in equity to enforce these covenants and the rights, restrictions, reservations, limitations and easements against any person threatening to or violating any of the same. Failure to enforce any of the covenants and the rights, restrictions, reservations, limitations and easements against any person threatening to or violating any of the same as set forth herein shall, in no event, be construed, taken or held consent to any further or succeeding breach or violation thereof and the owners, their heirs, executors, administrators and assigns shall, at all times, have the right to enforce the same. The Owners Association of Lake Harmony, Inc. Revised and Updated December 2015 For control, management and use of the property of Lake Harmony, Inc., the Board of Directors of Lake Harmony has established the Board of Directors as the officers of the Association. Membership: Membership in the Association shall be limited to those persons holding title to a lot or lots in Lake Harmony Allotments #1, #2 or #3, Wayne County, Ohio. Addendum (7/8/1989) In the case that ownership of said lot or lots is multiple, only one of the owners of that lot will have privilege of use of the lake and its facilities as set forth in the regulatory by-laws. Any multiple owner lots prior to July 8, 1989 are not affected by this addendum. Membership Voting Rights The total management of the use, the lake, its shoreline, the park and pavilions shall be the responsibility of the Officers of the Association. They shall establish fees for the finance and rules for the use of the facilities. The Officers will consider any and all suggestions or input from the membership if presented in writing at a scheduled meeting of the Officers. Changes in action by the Officers of the Association may be accomplished by a written petition containing signatures of not less than one-third of the members in good standing, followed by approval of the Officers and a majority vote of the members of the association. Special Note We, as members of the association, must cooperate to assure that private use of the facilities for the association and their friends. Overseeing the rules and regulations as a general well-being of the facilities is everyone’s responsibility. No member should be offended if asked questions while using the Lake Harmony Facilities. Regulations I. Annual Membership Fee: The annual membership fee is necessary for the corporation to retain ownership of Lake Harmony and its surrounding land. Taxes, insurance and electricity will be paid before any maintenance or improvements are done. The payment of the annual membership fee of $450.00 is due by June 1 of the current year and is for that calendar year January 1 to December 31. The fee is discounted to $430.00 if paid before March 1of each membership year. Payment entitles members and their immediate family (parents, children, grandparents and grandchildren) to use of Lake Harmony and its facilities. Due to liability as well as privacy, nonmembers should not be allowed to use lake property without the presence of an association member or their immediate family. Renters neither own membership, nor pay membership fees; therefore, they are nonmembers and are not entitled to free use of the lake. Each person is responsible for the conduct of those persons in their party while using the lake property facilities. Other visitors (those not in the immediate family) must be accompanied by a member in good standing of the association. Visitors not accompanied by a family member will be asked to vacate Lake Harmony Property. II. Use and fees: Boating: See the “Lake Harmony, Inc. Boat Rules” Swim Area: Lot owners and guests only. Swim at your own risk – NO LIFEGUARD ON DUTY No horseplay on diving platform Alcohol prohibited No foul or abusive language Do not litter – keep areas clean Children must be accompanied by an adult No swimming after dark Picnic Pavilions: The fee for the rental of either pavilion is $20 which is non- refundable. The reservation will not be held until payment is received. Reservations are on a “first come, first served” basis. If not reserved the pavilion is available for use by other members at no charge. Please note that those who are using the pavilion are responsible to clean the restrooms and take all trash away after their event. Docks: All docks extending into Lake Harmony are under the jurisdiction of the Officers of the Association. Any repair, replacement or construction of new docks must have the written approval of the Officers. Alcoholic Beverages: Due to the nature of the use of Lake Harmony as a recreational facility with sports activities and there involved risks, no alcoholic beverages shall be allowed on the premises. Compliance: The above specified regulations will be observed and enforced by the Association and its officers. Compliance and cooperation is anticipated by all members. Steps to address violations: 1) Violators will receive a written notice 2) The Board will review violations 3) The Board will administer penalties after review of the severity of the violation(s). 4) All violators (owners) have the right and privilege of attending the Board review meeting and speaking in their defense at the time their violation(s) is reviewed. Lake Harmony, Inc. Boat Rules August 30. 2010 General Provisions: 1. All watercraft operating on the waters of Lake Harmony shall comply with state laws and regulations. 2. Lake Harmony, Inc. Board of Directors retains the exclusive right to deny access to any vessel that it deems inappropriate for use at Lake Harmony. In addition, Lake Harmony, Inc. reserves the right to revoke the validation sticker and associated permissions from any watercraft or owner that does not comply with the rules set forth herein. Validation sticker fees are non-refundable. Validation Stickers: 1. All watercraft at Lake Harmony are required to have an annual validation sticker. Any vessel which does not have a current validation sticker properly displayed shall be prohibited from utilizing Lake Harmony boating facilities or accessing the waters of Lake Harmony. 2. Application for Validations Stickers: a. The owner of watercraft at Lake Harmony must apply for a validation sticker(s) each year prior to utilizing any Lake Harmony boating facilities or accessing the waters of Lake Harmony. There is no limit on the number of watercraft that can be stickered and approved, however, only one stickered / approved powered watercraft or two personal watercraft per household, is allowed to be operated at any one time. b. Proof of ownership, proof of insurance, and application fee must be provided upon application. i. The application fee for any powered watercraft shall be $85.00 annually. ii. The application fee for non-powered watercraft shall be $10.00 annually. Non-powered watercraft includes, but is not limited to: sailboats, rowboats, canoes, kayaks, paddleboards, pedal boats, and sail boards. A vessel utilizing any type of engine, motor, jet or other type of mechanical propulsion shall not be permitted to access Lake Harmony while displaying a non-powered validation sticker. c. Upon approval, the owner shall securely affix the validation sticker to the starboard side windshield of the craft. Validation stickers are non- transferable. d. Powered watercraft eligible for validation i. Validation stickers will not be issued to any powered watercraft in excess of 20.0 feet in length. ii. Use of any stock or aftermarket wake enhancing devices such as wedges, ballasts, bladders, or added weight etc. will disqualify the watercraft from operating on Lake Harmony. iii. Any boat that does not meet the above requirements but has been approved and stickered on or before August 30, 2010 will be permitted to operate on Lake Harmony through boating season 2013. iv. Non-adherence to any boating rules shall be considered as reasonable cause for revoking Lake Harmony permissions as provided for the the General Provisions #2. Watercraft Operation: 1. For reasons of safety and liability, personal watercraft are not allowed on the lake when other powered watercraft are using the lake. 2. “Personal watercraft” is defined as a vessel less than 16 feet in length, propelled by machinery and designed to be operated by an individual sitting, standing or kneeling on the vessel rather than sitting or standing inside the vessel. 3. Powered watercraft operators are expected to travel in a counter-clockwise direction with the shoreline on the starboard (right) side of the powered watercraft. 4. No powered watercraft are permitted to come ashore, or tie up anywhere other than at an assigned dock except in an emergency. 5. It shall be prohibited for a powered watercraft to land or launch from any designated beach area. 6. It is recommended that no more than three powered watercraft operate on the lake at once. 7. It is recommended that powered watercraft stay a minimum of 60 feet from the shoreline, docks, and designated swim areas. 8. Powered watercraft operators are expected to operate at “no-wake speed” from sunset to sunrise. 9. Air propelled powercraft, hovercraft, wing-in-ground craft, or submersible watercraft are not eligible for validation stickers. It is the responsibility of a watercraft operator to ensure that while being towed by a watercraft, no person shall have any type of airfoil or other device in hand or affixed to the person for the purpose of becoming airborne over the waters of Lake Harmony. 10. All watercraft operators are expected to treat all others with courtesy and respect and allow good sense to rule the day. It is our hope that all members of Lake Harmony, Inc. can conduct themselves in this manner. Definitions: Watercraft includes everything that floats Non-powered Watercraft is any vessel without mechanical propulsion Powered Watercraft applies to all motorized craft including PWC Personal Watercraft (PWC) applies to only a PWC as defined in Watercraft Operation #2 No-wake speed means to operate a powered vessel at a speed determined by the minimum amount of power required to maintain steerage of the craft. Violation of Boating Rules: (see also Compliance of the Lake Harmony Information 1st time – Neighborly conversation to clarify the rule being violated 2nd time – A written warning will be issued. 3rd time – The Lake Harmony, Inc. Board will take action to revoke the boating validation sticker. The proper paperwork will be filed with the Wayne County sheriff’s Department to ensure enforcement.