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									Boston Reserve Home Owners Association   Page 1
 DECLARATION OF RESTRICTIVE COVENANTS
                             FOR
BOSTON RESERVE HOMEOWNERS ASSOCIATION


                    Medina County Recorder

                         Nancy Abbott




                        1999ORO25266

                     July 20, 1999 9:39 am



                       Reference Number

                         1999PL000101




    Boston Reserve Home Owners Association   Page 2
                        DECLARATION OF RESTRICTIVE COVENANTS,

                                 CONDITIONS AND RESTRICTIONS

                               OF BOSTON RESERVE SUBDIVISION

               IN BRUNSWICK HILLS TOWNSHIP, MEDINA, COUNTY, OHIO

KNOW ALL MEN BY THESE PRESENTS, that:

WHEREAS, Sierra Development Corp., an Ohio Corporation, (hereinafter called the “Declarant”) is the owner
of the real property set forth and described in Exhibit “A”, attached hereto and incorporated by reference as if
fully re-written herein in its entirety and fully made a part hereof, which it intends to plat as a residential
subdivision encompassing single family residences and common areas for the benefit of such subdivision.

WHEREAS, Declarant deems it necessary for the efficient preservation of the values, aesthetic harmony, and
amenities of said subdivision and for the maintenance and preservation of the common areas, to impose and
provide restrictions, covenants, easements, and limitations upon the property in Boston Reserve Subdivision.

WHEREAS, Declarant desires to protect the value of said property and to provide a flexible and reasonable
procedure for the overall development of the property and to establish a method for the administration,
maintenance, preservation, use, and enjoyment thereof.

NOW, THEREFORE, Declarant, for itself and its successors and assigns, does hereby declare, publish, and
impose the restrictions, covenants, easements, and conditions hereinafter set forth to and upon the subject
property set forth and described in Exhibit “A” presently owned by it in the Township of Brunswick Hills,
County of Medina, and State of Ohio, which are for the purpose of protecting the value and desirability of and
which shall run with, burden, and bind the property or any part thereof, their heirs, personal representatives,
successors, and assigns, and which shall inure to the benefit of each owner of the property or any part thereof.
All of the following, irrespective of any heading provided, are restrictions, limitations, covenants, and
requirements imposed upon said subdivision by Declarant and shall be covenenants running with the land,
binding upon and inuring to the benefit of the Declarant and the respective grantees in deeds for such property
(or portions thereof), their respective successors, purchasers, heirs, executors, administrators, and assigns.




                       Boston Reserve Home Owners Association                                      Page 3
                               ARTICLES
ARTICLE I     DEFINITION

ARTICLE II    PROPERTIES SUBJECT TO THIS DECLARATION

ARTICLE III   RIGHTS, DUTIES, AND OBLIGATIONS

ARTICLE IV    ESTABLISHMENT OF BOSTON RESERVE HOMEOWNERS
              ASSOCIATION

ARTICLE V     ADDITIONAL RESTRICTIONS AND PROTECTIVE COVENANTS

ARTICLE VI    MISCELLANEOUS




              Boston Reserve Home Owners Association       Page 4
                                              ARTICLE I
                                             DEFINITIONS
Section 1

This following words, when used in thie Declaration, shall have the following meanings:

A       Association shall mean and refer to Boston Reserve Homeowner’s Assocaition, an Ohio not-for-profit
corporation founded for the purposes of maintaining and administering the Common Areas, (as hereinafter
defined), providing services of general benefit to the Lot Owners, administering and enforcing the Declaration,
collecting and disbursing the assessments, and exercising the functions hereinafter provided for.

B      Boston Reserve Subdivision shall mean and refer to the real property described in Article II

C       Common Areas            shall include all open spaces and shall mean and refer, which shall include but not
be limited to, those areas of real property and common facilities relating thereto shown on the recorded
subdivision Plat, as Block A, Block B, and all properties and designated thereon as being devoted to and for the
common use of the Lot Owners, landscaping within the boulevard and/or street islands, cul-de-sacs, or right of
way, and any other areas which are deemed appropriate for the expenditure of funds by the Association.

D      Declarant       shall mean Sierra Development Corp., an Ohio Corporation its successors and assigns.

E       Dwelling Unit           shall mean any permitted structure or building constructed on a Lot or Lots within
the Subdivision intended for a single family residence and shall include any garage or other permissible
structure built on a Lot for the use or enjoyment of the occupants of said Dwelling Unit.

F       Township       shall mean the Township of Brunswick Hills, organized and existing under the laws of
the State of Ohio.

G     County           shall mean the County of Medina, organized and existing under the laws of the State of
Ohio.

H      Member        shall mean and refer to the Declarant for so long as Declarant owns any unit or lot and all
those owners who are members of the Association hereinafter provided.

I       Lot            shall mean and refer to any plot of land shown upon any recorded subdivision map of the
Property with the exception of the Common Areas and intended for any type of independent ownership and use.
Unless specifically stated otherwise, the term “Lot” includes the dwelling unit situated upon a Lot. The plural
of said term shall mean one or more of the plots of land defined herein in this subparagraph.

J      Lot Owner shall mean any individual, or entity, trustee, or other person who holds is the record
owner of the fee simple title to any Lot.




                       Boston Reserve Home Owners Association                                       Page 5
K       Property or properties                shall mean and refer to the real property described in Exhibit “A”
of this Declaration and such additional real property as may be added pursuant to the provisions of this
Declaration.

L      Subdivision             shall mean and refer to the Lots and all common Areas of the Boston Reserve
Subdivision described in Exhibit “A” of this Declaration and such additional real property as may be added
pursuant to the provisions of this Declaration.




                       Boston Reserve Home Owners Association                                     Page 6
                           ARTICLE II
             PROPERTIES SUBJECT TO THIS DECLARATION
Section 1

The real property comprising Boston Reserve Subdiviosn, Common Areas, all of which are and shall be held
subject to this Declaration, are located in the Township of Brunswick Hills, State of Ohio, as is more
particularly describe in Exhibit “A”, attached hereto.

Section 2

All of the Common Areas described herein shall be owned by Boston Reserve Homeowners Association and
shall be held for the use and benefit of all Lot Owners in the Boston Reserve Subdivision.

Section 3

Declarant shall have the right to assign any and all of the rights reserved to it in this Declaration of Restrictive
Covenants, Conditions, and Restrictions. Declarant, on its own behalf, as the owner of all the property, and on
behalf of all subsequent Lot Owners, hereby consents to and approves, and each subsequent Lot Owner and
his/her mortgagee, by acceptance of a deed conveying any ownership interest, thereby consents to and approves
these Declaration of Restrictive Covenants, Conditions, and Restrictions and the provision of this Article II,
including, without limiting the generality of the foregoing, the amendment and modification rights of the
Declarant of this Declaration of Restrictive Covenants, Conditions, and Restrictions in the manner as
hereinafter provided.




                        Boston Reserve Home Owners Association                                       Page 7
                                ARTICLE III
                      RIGHTS, DUTIES, AND OBLIGATIONS
Section 1      Declarant’s Duty to Maintain Common Areas

The Declarant shall have the duty to maintain all Common Areas until such time as all improvements are
installed, completed, and paid for in full and deeded to the Association.

Section 2      Association’s Duty to Maintain Common Areas

After title to the Common Areas has been conveyed to the Association, it shall have the duty to maintain said
areas. The Association shall maintain and keep in good repair the Common Areas, which shall included the
maintenance and repair of such utility lines, pipes, wires, glass, conduits, and systems which area a part of the
said areas. The maintenances of the said areas shall be deemed to include, but shall not be limited to,
maintenance, repair and replacements, subject to insurance and casualty loss provisions contained herein, at the
Association’s cost and expense, of all trees, fences, shrubs, grass, streets, parking spaces, walks, and other
improvements situated upon the said Common Areas.

Section 3      Township and County’s Rights and Authority to Compel Maintenance of Common Areas

The Township and County, as third party beneficiaries, may, although under no obligation or duty to do so,
compel compliance with Sections 1 and 2 of this Article as the Township and the County seem necessary, by
court action or by any other means. It is specifically acknowledged by all parties to these Covenants and
Restrictions that the County and the Township are third party beneficiaries to the Covenants and Restrictions
and have the same authority to administer and enforce these Covenants and Restrictions as they relate to the
Common Areas, storm sewers, if any, and swales, as more fully set out herein, as does the Association or
Declarant.

Section 4

Notwithstanding anything in these Declaration of Restrictive Covenants, Conditions, and Restrictions to the
contrary, the duties and obligations of either the Declarant or the Association, as they relate to the Common
Areas and the authority to enforce these duties and obligations, shall be of unlimited duration, shall be non-
modifiable, and shall be non-waiverable without the prior written consent of the Township and/or County, if
required.

Section 5

The Township and/or County, as third party beneficiaries to this Declaration of Restrictive Covenants,
Conditions, and Restrictions and by giving approval to same, shall in no way be deemed to have waived any of
their respective zoning, building, or other requirements or resolutions or general law, which shall still be
binding upon the Property, if they are more restrictive, than this Declaration of Restrictive Covenants,
Conditions, and Restrictions.

Section 6



                       Boston Reserve Home Owners Association                                     Page 8
After transfer of title of the Common Areas to the Association, the Township and/or the County shall have the
right, but not the obligations, to impose any special assessments for improvements made by the Township
and/or the County which would otherwise be a lien on the Common Areas, on the Lots within the development
area, on an equitable basis to be determined by the Township and/or the County.

Section 7

Every Lot Owner shall have a right and easement of the full use and enjoyment in and to the Common Areas,
which shall be appurtenant to and shall pass with the title to every Lot. All such rights and easements are
subject, nevertheless, to the right of the Association to regulate the use thereof, and right to enforce and
establish reasonable penalties, (including but not limited to reasonable suspension of voting rights and use
rights), for the infraction of any regulations or resolution adopted pursuant to this Article III, Section 7, such
Lot Owner’s and/or members’ of the Association right of enjoyment of the Common Areas to the members of
such Lot Owner’s and/or members’ of the Association family, tenants, and contract purchasers who reside in the
Dwelling Unit owned by such Lot Owner.

Section 8

The Delcarant reserves the right and the Association, upon the Declarant ceasing to hold voting rights pursuant
to Article IV, Section 4, shall have the right, to dedicate or transfer all or any part of the Common Areas to any
public agency, authority, utility or other not-for-profit homeowners association, who assumes all the
responsibilities and duties of the Association, as set forth herein, for such purposes and subject to such
conditions as may be agreed to by the Declarant or the Association, upon the Declarant ceasing to hold voting
rights pursuant to Article IV, Section 4. No such dedication or transfer by the Association shall be effective
unless an instrument agreeing to such dedication or transfer is approved at a special meeting of the then
members of said Association and upon the affirmative vote of a majority of the members of the Association
attending such special meeting. Upon receiving Association approveal and after having first been approved by
the Township Trustees, as being in compliance with the Township Zoning Resolution, if required, the
instrument shall be recorded of record conveying such interest.

Section 9

No person shall construct, place upon, or plan anything on the surface of the Common Areas or on the surface
of any easement which is for the benefit of the Association or anyone to whom an easement may be granted,
including but not limited to, utility easements without prior written approval of the Declarant or the Association,
upon the Declarant ceasing to hold voting rights pursuant to Article IV, Section 4.

Section 10

The responsibility for removal of debris or other blockage from streams, creeks, or other bodies of water in the
Subdivision and the maintenances of the banks of any such stream, creek, or other bodies of water, is the
responsibility of each respective Lot Owner whose lot contains or is bounded by that portion of the stream,
creek, or other body of water in the Subdivision requiring debris to be removed or maintenance of its banks. IN
the event that any Lot Owner shall fail or refuse to keep a Lot in conformity herewith, then the Association or
its representatives may enter upon the Lot and maintain said Lot in conformity herewith at the expense of the
Lot Owner thereof and such entry shall not be deemed a trespass. The expenses incurred by the Association
shall be considered a special assessment against said Lot and Lot Owner.

Section 11


                       Boston Reserve Home Owners Association                                       Page 9
Each Lot Owner shall provide goo, neat, and orderly exterior maintenance repair upon each Lot and any
Dwelling Unit thereon, as follows:

       A       Paint, repair, replacement, and care of roofs, gutters, downspouts, and exterior building surfaces;

       B       Trees, shrubs, grass, driveways, walks, exterior lighting, permitted fences, and other exterior
               improvements;

       C       No weeds, underbrush, or other unsightly growth shall be permitted to grow or remain anywhere
               on a Lot by any Lot Owner. No refuse, debris, pipe, unused, construction material, or other
               unsightly objects, as set forth in Article V, Section 7, shall be allowed to be placed, kept, allowed
               or suffered to remain anywhere thereon. In the event that any Lot Owner shall fail or refuse to
               keep a Lot in conformity herewith, then the Association or its representatives may enter upon the
               Lot and maintain said Lot in conformity herewith at the expense of the Lot Owner thereof and
               such entry shall not be deemed a trespass. The expenses incurred by the Association shall be
               considered a special assessment against said Lot and Lot Owner. Nothing herein stated shall
               prohibit the Declarant from the orderly development of the Subdivision or shall any assessment
               be made against the Delcarant or any property held by it. Nothing herein stated shall prohibit
               any Lot Owner from construction, altering, repairing and/or enlarging any Dwelling Unit, so
               long as said construction, altering, repairing and/or enlarging of any Dwelling Unit shall be
               completed in a reasonable time.

Section 12

Each Lot Owner and any family, guest, and invitee of same shall make use of a Lot and any Common Area in
such a manner as not to create or maintain a nuisance and shall conduct all activities and enjoyment of a Lot and
any Common Area to prevent offensive activities of any kind and being mindful of each Lot Owner’s right to
peaceful enjoyment of his/her/their/its respective Lot and Common Area rights.

Section 13

Each Lot Owner agrees as additional restrictions, covenants, and obligations for its/his/her/their Lot, and for
itself/himself/herself/themselves and its/his/her/their heirs, successors and/or assigns and anyone claiming title
through said Lot Owner or claiming privileges of membership in the Association, to abide by, to adhere to, and
to assume any and all obligations, duties, and restrictions contained in any Declaration of Restrictive
Covenants, Conditions, and Restrictions, as amended or hereafter amended, authorizing and establishing said
Association, any Articles of Incorporation, as amended or hereafter amended, creating said Association and any
Code of Regulations and Resolutions adopted thereto, as amended or hereafter amended, regulating said
Association, including, but not limited to, all restrictions, duties, and obligations of a Lot Owner and/or
members to the use and enjoyment of any Common Areas, or other lands hereafter acquired by said
Association.




                       Boston Reserve Home Owners Association                                       Page 10
                           ARTICLE IV
                       ESTABLISHMENT OF
            BOSTON RESERVE HOMEOWNERES ASSOCIATION
Section 1

The Declarant has formed or will hereafter caused to be formed Boston Reserve Homeowners Association (or
other alternate name select by Delcarant), (hereinafter known as the “Association”), an Ohio non-profit
corporation.

Section 2

The Association shall maintain and keep in good repair all of the Common Areas, which shall include the
maintenance and repair of such utility lines, pipes, wires, glass, conduits, and systems which area a part of the
Common Areas. The maintenance of the Common Areas shall be deemed to include, but shall not be limited to,
maintenance, repair, and replacements, subject to insurance and casualty loss provisions containted hereing, at
the Association’s cost and expense, of all trees, fences, shrubs, grass, streets, parking areas, walks, if any, and
other improvements situated on the Common Areas.

Section 3

Every record owner of a fee simple title to any Lot shall, as a condition of ownership, be a member of the
Association. As a member, each owner agrees to abide by the Articles of Incorporation, Code of Regulations,
and Resolutions of said Association.

Section 4

Every record owner of a fee simple title to any Lot shall, as a conditions of ownership, be a Class A member
and shall be entitled to one vote for each single Lot owner. When more than one person holds an interest in a
given single Lot, all such persons shall be members, and the vote for such Lot shall be exercises as they may
determine among themselves. In no event shall more than one vote be cast with respect to any Lot owned by
Class A members. The Lot Owners, herein described, shall have not voting rights in the Association as
provided immediately below.

Declarant shall have the proxy and the right by this document to full (100%) voting rights in the Association for
each Lot of the Subdivision until such time as all of the Lots in the Subdivision have been sold to individuals or
entities other than Declarant, or any entity controlled by Declarant, or at such time as Declarant may elect, in its
sold discretion, to terminate one or more of these reserved voting rights. Termination shall be performed by
Delcarant filing an Affidavit of Termination with the Medina County Recorder, executed in substance and form
of deeds in Ohio and in such manner as is acceptable to the Medina County Recorder for recordation or any
such termination may be part of any deed granted by Declarant.

Section 5

Declarant hereby convenants, for each Lot within the Subdivision, and each Lot Ownere is hereby deemed to
covenant by acceptance of the deed for a Lot, whether of not is shall be so expressed in the deed, to pay to the
Association the following:
                       Boston Reserve Home Owners Association                                      Page 11
       A       A maintenance assessment which shall be used to maintain any lands, rights, or property titles in
               the Association or required to be maintained by the Association to include but not limited to: any
               building, street, undedicated roads/streets, landscaping, front entrance, street lighting, snow
               plowing, insurance, and any other maintenance items within the subdivision and not the direct
               responsibility of any governmental agency or private Lot Owner. Such assessments shall be
               made equally against each Lot. The amount and frequency of such assessments shall be
               determined by a majority vote of the Association and shall be an amount necessary to promote
               the health, safety, and welfare of the residents of the development.

       B       Special assessments against a single Lot and Lot Owner is permitted in Article III hereof.

       C       Use assessments for any facility owned and/or service provided by the Association for Lot
               Owners and/or members of the Association.

Section 6

Assessments, together with interest, costs, and reasonable attorney’s fees, occasioned by a Lot Owner’s
delinquency in payment of any assessment as herein above provided, shall be a charged on the land and
continuing lien on each Lot upon which such assessment is made. Each such assessment, together with such
interst, costs, and attorney’s fees, shall be a personal obligation of the Lot Owner at the time the assessment
falls due, and such personal obligation shall pass to a successor in title to the Lot.

Section 7

Any assessment not paid within sixty (60) days after the due date shall be deemed in default and shall bear
interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring in action
at law against the Lot Owner personally to pay the same, or may foreclose the lien against the Lot.

Section 8

The assessment lien provided for herein shall be subordinate to the lien of any first mortgage on a Lot, but shall
not be subordinate to any other mortgage lien unless the written consent of the Association to such further
subordination is recorded in the Medina County Records. A sale or transfer of any Lot shall not affect the
assessment lien against the Lot provided, however, the sale or transfer of any Lot pursuant to foreclosure, or any
proceeding in lieu thereof, at which the assessment lien is duly recognized as a claim against the sales proceeds,
shall extinguish the assessment lien as to payments which became due prior to such sale or transfer. No sale or
transfer shall relieve a Lot from liability for any assessments thereafter becoming due or from the lien for such
assessments.

Section 9

The following property shall be exempted from the assessments and liens created herein:

       A       All properties to the extent of any easement or other interest therein dedicated and accepted by
               the County/andor the Township and devoted to public use.

       B       All properties of the Township or County which are exempted from taxation by the laws of the
               State of Ohio.

       C       All proerties of the Declarant so long as it is fee title owner to any Lot within the Subdivision.

                       Boston Reserve Home Owners Association                                       Page 12
D       Any Lot granted, transferred, and/or deeded by the Declarant for a period of one year from date
of said grant, transfer or deed or the sooner of an appropriate governmental entity issuing an occupancy
permit for a dwelling constructed on such Lot.




               Boston Reserve Home Owners Association                                     Page 13
                           ARTICLE V
                          ADDITIONAL
            RESTRICTIONS AND PROTECTIVE COVENANTS
Section 1      Common Areas

Common Areas shall be exclusively utilized and kept for decorative areas for the Subdivision and the intended
utilitarian use associated with each respective Common Area, i.e. cul-de-sac, entrance, right-of-way, boulevard
islands, etc. Not other use shall be made of any Common Area by anyone, except that:

       A       The Declarant shall be permitted, so long as it retains ownership of a Lot or Lots in the
               development, to maintain an advertising sign for sale of Lots in the development at any entrance
               to the development.

       B      The Assocaition shall be permitted to maintain an entrance sign, on each side of each entrance,
       designating the name of the Subdivision.

Section 2      Land Use – Residential Use

All of the lots, except as hereinafter expressly provided to the contrary, including all Lots enlarged or recreated
by shifting or location of side boundary lines, are restricted to the use of a single family, their household
servants and guests, herein referred to as a single family residence or Dwelling Unit. Only one Dwelling Unit
shall be erected per Lot. A construction shed may be placed on a Lot and remain there temporarily only during
the course of active construction of a residence.

Section 3      Land Use – Use of the Lot or Residence

No industry, business, trade, occupation, or profession of any kind, whether permitted under any County and/or
Township Zoning Resolution, whether for commercial, religious, educational, charitable, or other purposes,
shall be conducted, maintained, or permitted on any property or in any single family residence, except such as
may be permitted by these and other applicable covenants herein written, specifically to wit:

       A       The Declarant may perform or cause to be performed such work as is incident to the completion
               of its development of the Subdivision and improvement of Property subject thereto.

       B       A Lot Owner or agent or representative may perform or cause to be performed any construction,
               maintenance, repair, or remodeling work with respect to any Lot or Dwelling Unit.

       C       This restriction shall no prevent any Lot Owner from leasing its Dwelling Unit for single family
               residential use, except that no single family residence shall be leased for a period less than one
               year. No month-to-month, weekly, or nightly rental, in whole or part of any Dwelling Unit, is
               permitted.

       D       This resticiton shall not prevent any Lot Owner from using a portion of a Dwelling Unit for a
               personal private office and/or studio, provided:


                        Boston Reserve Home Owners Association                                      Page 14
               1       That the activities therein shall not interfere with the quiet enjoyment of comfort of any
                       other Lot Owner.

               2       That such use does not result in walk-in traffic to the lot from the general public.

               3       That such use does not result in any commercial traffic or frequent deliveries, regular
                       daily United Stats Postal Service excepted; and

               4       That such use does not violate any Township Zoning Resolutions.

Section 4      Easements

The Delcarant has created or may grant additional easements for the installation and maintenance of water,
electrical, gas, sanitary sewers, storm sewers, drainage, and swales to third parties, including but not limited to
the Township, the County and/or public utility companies. The following shall also be restrictions, conditions,
and covenants regarding easements for public utilities within the Subdivision:

       A       The Declarant reserves to itself, it successors and assigns, and/or the Association the right to
               petition for or grant future easements, right of way for the construction, maintenance, extension,
               and operation of all public utilities facilities in and upon all highways and streets, no existing or
               to affirm all such agreements that may be entered into between Declarant and/or Association and
               the public utility companies and authorities.

       B       The Declarant reserves unto itself and the Association shall have the right to relocated utility
               easements in accordance with the requirements, regulations and resolutions of the County and/or
               the Township.

       C       No structures, (including but not limited to sidewalks and driveways), plantings, or other
       materials shall be placed or permitted to remain within any such easement areas, now granted or
       hereafter granted by Declarant and/or the Association, which may damage or interfere with the
       installation and/or maintenance of such improvements in such easement areas or which may change,
       retard, or increase the flow of water through the respective easement areas.

       D       Those easement areas created for water or other utilities which may be accepted by the
       Township, the County, public utilities or any other local governing body or public utility, now formed or
       hereafter formed, and after formal acceptance by any such governmental body or public utility, except in
       those cases where maintenance would be undertaken as a result of forced assessment against a Lot
       Owner or the Association itself.

       E        The Township, the County, or any other local governing body or public utility, now formed or
       hereafter formed, shall have the right to enter upon and across each Lot at any place that the respective
       governmental unit or public utility responsible for any such easement area deems necessary in order to
       install or maintain, or to perform any function or operation in accordance with any such easement now
       existing or hereafter granted.

Section 5      Construction Restrictions - Approvals

In order to insure that all Dwelling Units constructed upon any Lot and/or any other permissible building or
structure to be built on any Lot in the Subdivision will preserve a uniformly high standard of construction, the
following specific approval restrictions shall be conformed to in their entirely by each Lot Owner.

                        Boston Reserve Home Owners Association                                       Page 15
A   No Dwelling Unit, any other permissible building, improvement or other structure shall be
    erected, placed, or remain on any Lot in the Subdivision until a set of plans and specifications,
    including but not limited to elevations, material lists, and a site plan showing the location of the
    proposed Dwelling Unit, any other permissible building, improvement, or other structures,
    including but not limited to terraces, patios, wall, fences, driveways, polse, any type of antenna
    or other communications tower or satellite disk, property lines, and setbacks (hereinafter referred
    to as Plans), is submitted and approved, in writing, by the Declarant, or, upon the Declarant
    ceasing to hold voting rights pursuant to Article IV, Section 4, by the Board of Trustees of the
    Association.

B   Declarant reserves the right to itself and the Association shall have the right, upon the Declarant
    ceasing to hold voting right pursuant to Article IV, Section 4, to establish grades and slopes and
    to fix grades for any Dwelling Unit, any other permissible building, improvement, or other
    structure placed, or to remain on any Lot within the Subdivision, so that the same may conform
    to a general plan wherein the established grade and slope of each Lot, as the construction thereon
    is completed, will correspond to the grade of the Lots on either side, having due regard for
    natural contours and drainage of the property. Approval of the grades and slopes for any such
    construction shall be in writing prior to any construction.

C   In addition to the right to approve Plans in accordance herewith, the Declarant, or upon the
    Declarant ceasing to hold voting rights pursuant to Article IV, Section 4, by the Board of
    Trustees of the Association shall have the right to approve any general contractor to be employed
    in conjunction with construction of any Dwelling Unit, any other permissible building,
    improvement, or other structure on any Lot within the Subdivision, and such construction shall
    not commence until the contractor has been approved, in writing.

D   Prior to the commencement of the actual construction of any Dwelling Unit, any other
    permissible building, improvement, or other structure on any Lot within the Subdivision by a
    Low Owner, certain trees will have to be removed to provide clearance for the planned
    construction. To preserve as many trees as possible, no tress ten (10) inches in diameter or
    larger, which stand ten (10) feet or further from the proposed construction may be removed
    without the prior written approval of the Declarant, or upon the Declarant ceasing to hold voting
    rights pursuant to Article IV, Section 4, by the Board of Trustees of the Association. All Lot
    Owners and their respective contractors shall use reasonable precautions to safeguard the
    protection of tress during construction, which are not scheduled for removal. IF construction
    begins prior to the written approval required by this subparagraph of Article V, Section 5, such
    act shall be considered immediate irreparable harm to Declarant or to the Association and
    Declarant or the Association shall be considered without an adequate remedy at law for such act,
    for which a temporary and/or permanent injunction shall lie in a court of competent jurisdiction.
    In the event Declarant or the Association finds in necessary to seek a temporary and/or
    permanent injunction to enforce this restriction, the Low Owner(s) who is (are) found to have
    violated this restriction shall be responsible in full for the legal fees of Declarant or to the
    Association. If trees are cut prior to an injunction being sought or granted in violation of this
    restriction, the Lot Owner shall be required to plant trees of sufficient size and quantity to
    replace those trees cut in violation of this restriction. The Declarant or the Association shall be
    the sole determiner as to size, quantity, and location of the replanting of trees by the Lot Owner
    and whether such replanting has sufficiently addressed the damage caused by the cutting of trees
    in violation of this restriction.

E   No Dwelling Unit, any other permissible building, improvement, or other structure on any Lot
    within the Subdivision shall be erected, placed or altered on any Lot until the construction plans
             Boston Reserve Home Owners Association                                     Page 16
               and specifications showing the location of the structure have been approved by the Township
               and/or County. The issuance by the Township and/or the County of a building permit, license, or
               approval of any type shall not be deemed to satisfy the requirements of this Article V, Section 5,
               and shall not prevent the Declarant, the Association, or any of the Lot Owners from enforcing
               these restrictions.

       F       Declarant reserves the right to itself and the Association shall have the right, open the Declarant
               ceasing to hold voting rights pursuant to Article IV, Section 4, to grant variations to any Article
               V, Section 6 restriction, taking into consideration specifically corner Lots, odd-shaped Lots, or
               specific uniqueness of any particular Lot.

       G       Approvals required by this Article V, Section 5, may be delegated by the Declarant and/or
               Association to a Committee. So long as the Declarant holds voting rights pursuant to Article IV,
               Section 4, it shall determine the size of such Committee and appoint any such Committee
               members for such terms as it deems necessary in its sole discretion. Upon the Declarant ceasing
               to hold voting rights pursuant to Article IV, Section 4, then the Associations’s Board of Trustees
               shall determine the size of such Committee and appoint any such Committee members for such
               terms as it deems necessary in its sole discretion.

       H       Neither the Declarant nor the Association or any Committee hereafter established pursuant to
               this Article V, Section 5, or any respective members or representatives thereof shall have any
               liability or responsibility for the satisfactory completion of any Dwelling Unit, structure,
               building, improvement, or part or component thereof on any Lot within the Subdivision by
               reason of an approval given pursuant to this Article V, Section 5.

               1      Any approval given pursuant to this Article V, Section 5, shall not be deemed to
                      constitute approval of the plans as containing a proper design for any other purpose
                      created under Article V, Section 5.

               2      Any approval given pursuant to Article V, Section 5, does not constitute any warranty of
                      guarantee that said Plans will receive any and all necessary governmental approvals or is
                      to be considered any warranty or guarantee for any specific purpose other than
                      established by this Article V, Section 5.

       I       If any construction of any Dwelling Unit, any other permissible building, improvement, or other
               structure on any Lot within the Subdivisions begins prior to the written approvals required by
               this Article V, Section 5, such act shall be considered immediate irreparable harm to Declarant
               and/or to the Association. Declarant and/or the Associations shall be considered without an
               adequate remedy at law for such act, which a temporary and/or permanent injunction shall lie in
               a court of competent jurisdiction. In the event Declarant and/or the Association finds it
               necessary to seek a temporary and/or permanent injunction to enforce this restriction, the Lot
               Owner who is found to have violated this restriction shall be responsible in full for the legal fees
               of the Declarant and/or the Association.

Section 6      Construction Restrictions - Setback Lines and Design

In order to insure that all Dwelling Units constructed upon any Lot and/or any other permissible building or
structure to be built on any Lot in the Subdivision will preserve a uniformly hight standard of construction, the
following specific building restrictions shall be conformed to in their entirety by each Lot Owner.


                       Boston Reserve Home Owners Association                                       Page 17
A   Any Dwelling Unit of one story, (including but not limited to Ranch style construction), shall not
    be permitted having less than twenty-two hundred (2,200) square feet of floor area. Any
    Dwelling Unit having two stories, (including but not limited to Colonial or Cape Cod style
    construction), shall not be permitted having less than twenty-five (2,500) square feet of floor
    area.

    1      The method of determining the square foot area of proposed Dwelling Unit shall be to
           multiply the outside horizontal dimensions of the building or structure at each floor level.
           Garages, terraces, patios, carports, screened porches, open porches, breezeways,
           basements, and unfinished storage areas, except as herein provided, shall not be taken
           into account in calculating the minimum square foot area as required by this restriction.
           Rooms open to multiple stories shall only be calculated for the square foot area at the
           floor level.

    2      In the case of a Cape Code construction, the second floor area shall be computed from the
           outside dimension of the knee walls and/or dormer walls.

    3      If a basement is exposed at ground level due to a sloping Lot and completed to a living
           area with full windows and door, fifty percent (50%) of the square footage of the
           basement may be counted.

B   Minimum setback requirements for construction from Lot lines are established at: Front, one
    hundred feet (100’); Back, fifty feet (50’); Sides, twenty feet (20’). However, if in any event, the
    minimum setback requirements now established or hereafter established by the Township and/or
    County, the more restrictive setback requirements shall control. Where two (20) or more Lots
    are acquired and used as a single building site, the side Lot lines shall refer only to the lines
    bordering on the adjoining Lot.

C   Minimum roof pitch of 7/12 shall be permitted.

D   Fireplace chimneys are to be constructed of brick or sandstone masonry construction only.

E   No driveway shall be constructed with materials except asphalt, concrete, or brick and located as
    required by the Township and/or County.

F   No portion of any Dwelling Unit or other permissible structure shall contain exposed concrete
    block, it being required that such be faced with brick, stone, or stucco, unless exposed area is
    part of solid poured concrete system with the facing of such brick, stone, or stucco appearance
    when finished.

G   Modified by Amendment on 11/28/2005

    Was

    No garage shall be erected which is separate from the main Dwelling Unit and all garages must
    be sufficient to store at least two (2) or more full size passenger automobiles. The location of
    any garage shall be on the side or rear entry of a Dwelling Unit sot that garage doors do not front
    any street or boulevard. No garage shall be converted by alteration or use so as to diminish its
    area below that required for such purposes unless in conjunction with such conversion, a garage
    with equivalent space is provided and constructed.

            Boston Reserve Home Owners Association                                      Page 18
    Is Now

    All Dwelling Units must have an integral garage sufficient to store at least two (2) or more full
    size passenger vehicles. Freestanding garages may be approved by the Association, upon
    satisfying any and all provisions of the Declaration, in particular Article 5. If permitted the
    maximum size of the garage, any outbuilding, or the sum of the sizes of all outbuildings or
    garages is to be limited to thirty-three percent (33%) of the Primary Dwelling Unit’s square
    footage. The location of any attached garage shall be on the side or rear entry of a Dwelling Unit
    sot that garage doors do not front any street or boulevard. No garage shall be converted by
    alteration or use so as to diminish its area below that required for such purposes unless in
    conjunction with such conversion, a garage with equivalent space is provided and constructed.

H   No portion of any Lot nearer to any street than the minimum setback line shall be used for any
    purpose other than that of a lawn. All lawns in the front of each residence shall extend to the
    pavement line, except for heavily wooded Lots. No gravel or paved parking strips are to be
    allowed, except as approved on the Plans submitted for written approval pursuant to Arcticle V,
    Section 5 thereof. No signs, except as herein provided, statuary, art objects, designed objects,
    fountains, or similar ornamentation shall be permitted in the area designated in this subparagraph
    of Article V, Section 6. Landscaping of said area shall be completed in a reasonable time after
    construction of a Dwelling Unit, not to exceed six (6) months. (Nothing herein contained shall
    be construed as preventing the use of such portion of said Lot for walks and drives, the planting
    of trees or shrubbery, the growing of flowers or ornamental plants, or for other similar
    ornamentations for the purpose of beautifying said Lot.)

I   Modified by Amendment on 11/28/2005

    Was

    Sight lighting which interferes with the comfort, privacy, or general welfare of adjacent or any
    other Lot Owner is prohibited. All Dwelling Units shall be required to have installed a post light
    of identical uniform design, ten feet (10’) from the driveway, at the right-of-way line which is
    serviced by underground wiring, which design shall be designated by Declarant and/or the
    Association upon the Declarant no longer being a Class B member of the Association.

    Is Now

    Eliminated



J   All garbage or trash containers, heating oil tanks, gas meters, and/or bottled heating gas tanks
    shall be placed underground or placed in screen-in or wall-in areas so that they shall not be
    visible from adjoining Lots.

K   All permissible rear-yard fencing shall be constructed of a wooden or vinyl design. All
    permissible side-yard and front-yard fencing shall be constructed in a split rail design of either
    wood or vinyl. Prior written approval of any fence is required under Article V, Section 5 hereof.
    Other fencing, including but not limited to any wire mesh or chain link fences are strictly
    prohibited in all instances.


             Boston Reserve Home Owners Association                                     Page 19
       L       All satellite, radio, and/or communication disks, and antennas, now manufactured or hereafter
               manufactured, shall be positioned and camouflaged so as not to be visible from any street or
               highway, No trees shall be cut to permit the installation and/or maintenance of any such device.
               Prior written approval of the installation and/or construction of any such device is required under
               Article V, Section 5 hereof.

       M       Modified by Amendment on 11/28/2005

               Was

               No mailboxes shall be constructed or placed except those conforming to the identical uniform
               design designated by the Declarant and/or the Association upon the Declarant no longer being a
               Class B member of the Association.

               Is Now

               Postal boxes may be either of the “Landings” style, masonry construction utilizing the same
               brick as the house or a “Step 2” box. Those not presently conforming must conform when it is
               time for replacement. Postal boxes are to have visible street numbers.

       N       The size, course, flow of streams, creeks, and/or any other bodies of water shall not be altered or
               created or tampered without prior to written approval under Article V, Section 5 hereof.

Section 7      Specific Use Restrictions

In order to insure that all Property preserves a uniformly of use and conformity for the efficient preservation of
the values, aesthetic harmony, and amenities of the Subdivision, the following specific restrictions, (which are
in addition to any use and activities restrictions herein stated), shall be conformed to in their entirety by each
Lot Owner.

       A       No industrial or manufacturing uses of any kind shall be permitted.

       B       No commercial agricultural uses shall be permitted.

       C       No drilling or operating of any oil or gas wells shall be permitted.

       D       No mining or extraction of any minerals, including the removal of sand or gravel shall be
               permitted. (Nothing in this restriction shall prohibit the removal of any material in connection
               with the development of the Property for permitted use.)

       E       The keeping, raising, and harboring of wild beasts, cattle, swine, fowl, poultry, livestock, other
               farm animals, or any other animal or insects not normally kept as household pets is prohibited.
               (Nothing in this restriction shall prohibit keeping of household pets provided they are not kept,
               bred, boarded, or maintained for commercial purposes, or kept in any manner as to constitute a
               nuisance. The Association may hereafter establish and define, by resolution, rules regulating the
               maintaining and walking of pets throught the Subdivision. However, in no event shall there be
               more than four (4) dogs or cats or comination thereof permitted.)

       F       Temporary structures, including but not limited to trailers, campers, basement or incompolete
               houses, tents, shacks, barn, garages, (except garages permitted herein), are prohibited. (Nothing

                        Boston Reserve Home Owners Association                                      Page 20
    in this restriction shall prohibit trailers and temporary structures used in connection with the
    development of the Subdivision or construction or alteration of any Dwelling Unit.)

G   The erection or maintenance of any sign, billboard, or advertising devices of any kind is
    prohibited on any Lot, except, one (1) sign not larger than eight hundred sixty-four (864) square
    inches for the offering of a Lot and any Dwelling Unit for sale shall be permitted on the premises
    to be sold. Additionally, homebuilders and contractors shall have the right to display one sign
    not larger than eight hundred sixty-four (864) square inches during the period of construction of
    any Dwelling Unit. (Nothing contained in this restriction shall be construed to prohibit or
    interfere with the Declarant’s right to display signs, of any size or design, for sale of Lots in the
    Subdivision).

H   The storage, construction, placement, or maintenance of privies, outhouses, or other portable or
    detached lavatory units is prohibited on any Lot. (Nothing contained in this restriction shall
    prohibit the placement and use of temporary portable toilets for the use of construction workers
    during the construction of any Dwelling Unit or improvement and/or repair to same, installation
    of any utility or other work performed in the furtherance of Declarant’s development of the
    Subdivision.)

I   The storage, construction, placement, or maintenance of helicopter pads, radio towers,
    commercial communication disks, or microwave towers or receivers or transmitters is prohibited
    on any Lot.

J   The storage, construction, placement, or maintenance of above ground swimming pools is
    prohibited on any Lot.

K   The storage, parking, placement, or maintenance of campers, motorized trailers, mobile homes,
    all-terrain vehicles, recreation conversion vans, motor bikes, bicycles, trailers, campers, canoes,
    boat trailers, snowmobiles, snowmobile trailers of any type, trail bikes, mini-bikes, motorcycles,
    scooters, boats, boat trailers of any type, and other recreation vehicles, now manufactured or
    hereafter manufactured, is prohibited on any Lot or adjacent roadway for a period of more than
    seven (7) days, (or less time if parked on any roadway or street and less time is permitted by
    Township or County), without said vehicle being housed inside a permanent and permissible
    structure of a Lot.

L   The parking of commercial trucks for more than four (4) hours on any lot or roadway or street, or
    the storage, parking, placement, or maintenance of non-working vehicles, detachable truck or
    camper cabs, building equipment, work trucks, commercial trucks, tractors, trailers, mowers,
    lawn-care equipment, water tanks, fuel tanks, sprayers, sprayer tanks, and other large implements
    is prohibited on any Lot without said equipment, vehicle, or other apparatus being housed inside
    a permanent and permissible structure of a Lot. (Nothing ins this restriction shall prohibit the
    normal activities of the Declarant, the Association, any Lot Owner, homebuilder, contractor,
    Township, and/or County from storing, parking, placing, or maintaining any of the necessary
    equipment and vehicles associated with the development of the Subdivision by Declarant, the
    construction and/or maintenance of any Dwelling Unit and/or permissible structure on a Lot, the
    maintenance of any lawn or other landscaping service on a contract service basis to the
    Declarant, Association, or Low Owner, the construction, installation, repairing, and/or servicing
    of any utility, easement, or public service, so long as the duration is reasonable and necessary to
    the permitted activity.)

M   The hanging of laundry, carpets, or other items on outside lines is prohibited on any Lot.
           Boston Reserve Home Owners Association                                       Page 21
N   No Lot in the Subdivision shall be subdivided or divided.

O   No portion of the Lot shall be utilized for driveway or roadway purposes except for access to and
    from the residence located upon that Lot.

P   The storage, depositing, or leaving of waste material, including but not limited to: garbage,
    refuse, waste, putrid substances, hazardous waste, junk, construction and demolition debris,
    excess dirt or soil, cut vegetation, is prohibited on any Lot. A Lot Owner, occupant, or tenant of
    any Lot Owner may keep normal garbage and refuse as shall necessarily accumulate from the
    last garbage and rubbish collection available for such Lot and/or Dwelling Unit, provided such
    garbage and/or refuse is kept in sanitary containers, which containers and refuse, except on the
    day scheduled for garbage and rubbish collection for such Lot and/or Dwelling Unit, shall be
    kept from public view. (Nothing in this restriction shall prohibit or interfere with the reasonable,
    normal, and ordinary construction and demolition debris associated with permissible
    construction, alteration, and/or repair; all and any of which shall be maintained and removed in a
    reasonable, safe, and timely manner.) (Nothing in this restriction shall prohibit or interfere with
    the Declarant’s development of the Subdivision.)

Q   Use of any Common Area for temporary repair, changing of oil, body repair, or other usages
    associated with the repair and cleaning of vehicles, boats, trailers, recreational vehicles, lawn and
    garden equipment, or any other equipment is prohibited.

R   No waste of any kind shall be committed in or on the Common Areas.

S   No storage or depositing of anything in or upon the Common Areas without the written approval
    of the Association.

T   No planting or gardening, harvesting of trees or cutting of trees or the removal, cutting, or
    transplanting of any flora shall be permitted in any Common Areas unless authorized in writing
    by the Association.

U   No hunting or shooting of firearms, rifles, or other dangerous ordinances, including but not
    limited to, dart guns, air rifles or pistols, bows and arrows, explosives, or fireworks shall be
    permitted on any Lot or Common Area.



V   No nuisances shall be allowed upon the Common Areas nor use or practice which is the source
    of nuisances to Lot Owners or which interferes with the peaceful possession and proper use of
    Common Areas and the natural flora and fauna that abounds therein.

W   No automobiles, trucks, all-terrain vehicles, dirt bikes, or other motorized off-road vehicles now
    known or later developed shall be used or operated in or upon any Common Areas. Non-
    motorized bike-riding, horseback riding and other electrical driven transportation for the
    handicapped will be permitted subject to the regulation of the Association.

X   All Common Areas shall be kept in a clean and sanitary condition, and the Association shall
    adapt such rules and regulations to govern the management and use of the Common Areas for
    hiking, walking, picnicking, and other uses consistent with the purpose and intent of the
    Common Areas remaining in a natural state.

            Boston Reserve Home Owners Association                                        Page 22
                                          ARTICLE VI
                                        MISCELLANEOUS
Section 1

A failure of the Declarant and/or the Association or any Lot Owner to enforce any of the provisions of this
Delcaration of Restrictive Covenants, Conditions, and Restrictions shall, in no event be considered a waiver
thereof of acquiescence in or consent to any further or succeeding breach or violation thereof, and the
Declarant, the Association, or any Lot Owner, shall at any and all times, have the right to enforce the same. The
failure, refusal, or neglect of Delcarant, the Association, or any Lot Owner to enforce the any provisions hereof
or to prevent violations hereof, shall in no event make the Declarant, the Association, and/or a Lot Owner liable
for such failure, refusal, or neglect.

Section 2

Until the Declarant ceases to hold voting rights pursuant to Article IV, Section 4, the Declarant reserves the
right to waive, change, modify, amend, or cancel any and all of the provisions of this Delcaration of Restrictive
Covenants, Conditions, and Restrictions, or any other Deed given by the Declarant in respect to the Property, if
in its judgement, the development of the Subdivision or lack of development of the Subdivison warrants the
same of if, in its judgement, the ends and purposes of said raly would be better served. Promptly following any
modification, change, amendment to, or decision to cancel this Delcaration of Restrictive Covenants,
Conditions, and Restrictions, the Declarant shall execute and record and instrument reciting same. Any action
taken under the authority of the Article VI, Section 2, by Declarant, shall be submitted and approved by the
Township and/or County, if required.

Section 3

The covenants, restrictions, reservations, and conditions contained in this Delcaration of Restrictive Covenants,
Conditions, and Restrictions are to run with the land and shall be binding al all persons claiming under it for a
period of twenty (20) years from the date of recordation of this Delcaration of Restrictive Covenants,
Conditions, and Restrictions with the Medina County Recorder, after which time, said provisions contained
herein shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a
majority of the then Lot Owners has been recorded with the Medina County Recorder, agreeing to change,
modify, or cancel this Delcaration of Restrictive Covenants, Conditions, and Restrictions. Any action taken
under the authority of the this Article VI, Section 3, shall be submitted and approved by the Township and/or
County, if required.

Section 4

Enforcement of any provision of the Delcaration of Restrictive Covenants, Conditions, and Restrictions shall be
by proceeding at law or in equity against any person or persons violating or attmpeting to violate any covenant,
restriction, reservation, or condition hereof, either to restrain violation or to recover damages, as may be
allowed by law.

Section 5



                       Boston Reserve Home Owners Association                                     Page 23
Invalidation or modification of any one of the provisions of this the Delcaration of Restrictive Covenants,
Conditions, and Restrictions by judgement or a court order of a court of competent jurisdiction shall in no event
or way affect any of the other provisions, which shall remain in full force and effect. The legal rule and
doctrine of “construction against the drafting party” shall not be applied by any court against Declarant. Said
rule being specifically waived by any person claiming or seeking rights under the provisions of this the
Delcaration of Restrictive Covenants, Conditions, and Restrictions. Ohio Law shall be the applicable law to
any interpretation of this the Delcaration of Restrictive Covenants, Conditions, and Restrictions.

Section 6

Other than specifically set forth herein, this the Delcaration of Restrictive Covenants, Conditions, and
Restrictions may be amended, modified, or cancelled any time after the thirtieth (30th) day following the
Declarant ceasing to be a Class B member of the Association in the following manners:

       A       If, for any reason, no Association exists then upon the written consent of seventy-five percent
               (75%) of the then Lot Owners. Any written consent to the amendment, modification, or
               cancellation by the Lot Owners, pursuant hereto, shall be an instrument which sets forth in full
               the text of the modification or cancellation and be signed by said required number of Lot Owners
               in the same manner and with all the requirements of a recordable deed in the State of Ohio.

       B       By the Class A members of the Association at a special meeting held for such purposes, on the
               affirmative vote of seventy-five percent (75%) of the Class A members entitled to vote at such
               meeting. Written notice shall be given to each member at least thirty (30) days in advance of
               such meeting stating that such amendment, modification, or cancellation shall be considered at
               the meeting and setting forth the text of the proposed modification or cancellation. Voting may
               be by written proxy. In the event of amendment, modification, or cancellation of this
               Delcaration of Restrictive Covenants, Conditions, and Restrictions by the Class A members of
               the Association, the President and Secretary or all Board of Trustees of the Association shall
               execute an instrument reciting such amendment, modification, or cancellation.

Any action taken under authority of this Article VI, Section 6, shall be submitted and approved by the Township
and/or County, if required.

Section 7

Any action by the Association pursuant to Article III, Section 10 and Section 11, shall not be taken until
reasonable written notice is given to the Lot Owner, who is subject to the proposed action detailing the
proposed action and informing the Lot Owner when the date and time of the next regular or special meeting of
the Board of Trustees of said Association, whereupon the Board of Trustees will vote on such action, will take
place. Any Lot Owner notified shall be given an opportunity to be heard at such meeting. No action pursuant
to Article III, Section 10 and Section 11, unless upon the majority vote of the Board of Trustees. The Board of
Trustees of the Association shall adopt any and all necessary regulations and resolutions in furtherance of this
Article VI, Section 7, to insure any Lot Owner’s due process rights.

Section 8

Any notice required to be sent to any Lot Owner under this Delcaration of Restrictive Covenants, Conditions,
and Restrictions shall be to have been properly given, when either:

       A       Delivered to said Lot Owner personally.

                       Boston Reserve Home Owners Association                                     Page 24
        B       Mailed, postage prepaid by certified mail receipt return requested to the last known address of
                the Lot Owner as appears on the records of the Medina County Auditor to the last address
                provided the Association.

        C       Delivered by a commercial delivery service, showing to whom such was delivered, to the last
                known address of the Lot Owner as appears on the records of the Medina County Auditor to the
                last address provided the Association.

        D       If no such address is found or provided or the Lot Owner refuses delivery of said notice, then
                said notice may be posted for a period of thirty (30) days upon the Lot Owner’s property.

Section 9

Neither the Declarant nor its representatives, successors, or assigns shall be liable for any claim whatsoever
arising out of or by reason of any actions performed pursuant to any authority granted or delegated to it by or
pursuant to this Delcaration of Restrictive Covenants, Conditions, and Restrictions or the Regulations of the
Association or in Delcarant’s (or its representative’s) capacity as owner, manager, or seller of the Lots or any
part thereof, whether or not such claim:

        A       Shall be asserted by a Lot Owner, occupant, the Association, or by any person or entity claiming
                through any of them; or

        B       Shall be on account of injury to person or damage to or loss or property wherever located and
                however caused; or

        C       Shall arise ex contractu or (except in the case of international tort or gross negligence) ex delicto.

Without limiting the generality of the foregoing, the foregoing enumeration includes all claims for, or arising by
reason of, the Lots containing any patent or latent defects, or by reason of any act or neglect of any Lot Owner,
occupant, the Association, any Committee, and their respective agents, employees, guests, and invitees, or
reason of any neighboring property or personal property located on or about the Subdivision, or by reason of the
failure to function or disrepair of any utility service, (heat, air conditioning, electricity, gas, water, sewage, etc.).




                         Boston Reserve Home Owners Association                                          Page 25
Boston Reserve Home Owners Association   Page 26
Amendments Filed 11/28/2005




                    Boston Reserve Home Owners Association   Page 27
Boston Reserve Home Owners Association   Page 28
Boston Reserve Home Owners Association   Page 29
Boston Reserve Home Owners Association   Page 30
Boston Reserve Home Owners Association   Page 31

								
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