Fill and Sign the Is There Any Way to Get Out of a Restrictive Covenant Form

1 AMENDMENT TO PROTECTIVE COVENANT FOR ORCHARD VIEW SUBDIVISION, PART ONE WHEREAS, there are currently in place certain Protective Covenants for _______________________ Subdivision (hereinafter ฀the Covenants ฀) dated _________________, and filed for record in Book ______ at page _______ in the office of the ________________ Clerk for ______________________________ (County) (State); and WHEREAS, the Covenants provide for amendment by approval of sixty percent (60%) plus one of the then owners of the lots in ________________ Subdivision, Part One; and WHEREAS, the approval of 35 of 40 of the said owners of the lots in ________________ Subdivision has been duly noted herein as evidenced by collective Exhibit ฀ A ฀ attached hereto; NOW, THEREFORE, the Covenants of ________________ Subdivision are hereby amended as follows: 1. The name of the subdivision on the recorded plat is one word; therefore the name on these covenants is hereby changed from ________________ to ________________ . 2. Section 1, Paragraph 2A shall be added as follows to the Covenants:$ No lot or part thereof shall be rented or used for transient or hotel purposes, which is defined as: (a) rental under which occupants are provided customary hotel service such as room service for food and beverages, maid service, the furnishing of laundry and linen, busboy services and similar services; or (b) rental to boarders, that is, rental to one or more persons of a portion of a dwelling only. $ No lease may be less than the entire dwelling, all of the improvements, and the entire lot on which they are situated. $ Any lease agreement shall be in writing and shall provide that the lease shall be subject in all respects to the Covenants, and to the rules and regulations promulgated from time to time by the Board of Directors, and shall provide that the failure by the tenant to comply with the terms of the Protective Covenants, ________________ Homeowners Association, Inc., Bylaws, and the Rules and Regulations, shall be a default under the lease. Prior to the commencement of the term of the lease, the lot owner shall deliver a copy of the lease agreement to the Secretary of the Association, with the ________________ Subdivision Lease Addendum attached thereto and made a part thereof. 3. Section 2, Paragraph 34 as stated in the Declaration shall be replaced with the following: ฀The official address of the Association is 2 __________________________________________, and shall remain so until changed by the Association, at which time the Association shall notify each member thereof of such change.฀ 4. Section 2, Paragraph 42 as stated in the Protective Covenants shall be replaced with the following: ฀Any lot owner, or the Association, may maintain any legal proceedings to compel or enforce any of the provisions of the Protective Covenants. The prevailing party shall be entitled to all costs, including reasonable attorney ฀s fees. WITNESS our signature, this the _____ day of _____________________, 20_____. ________________ HOMEOWNERS ASSOCIATION, INC. BY: __________________________________________ ________________ , President ACKNOWLEDGMENT