Sec. 1. No person, except a member in good standing of the association shall hold title to or any interest in real estate now belonging to the association, either by deed, lease or otherwise.
Sec. 2. Members shall hold title to lots by deed of conveyance, authorized by the board of directors and signed by the president and secretary of the association. Such deeds shall contain covenants, reservations, conditions and restrictions as are required by these by‑laws and by the board of directors; and such covenants, reservations, conditions and restrictions shall be written into the deed, and the deed shall be signed by the purchaser before it becomes effective. There shall be a master map placed on record in Raleigh County Commission Clerk’s Office, showing the location and boundary lines of all lots and the numbers thereof, and each deed of conveyance shall refer to said map, and to the lot thereon by number.
Sec. 3. The following covenants, reservations, conditions and restrictions shall be included in all deeds, in addition to any other which may be prescribed by the board of directors:
- There is excepted and reserved to the Flat Top Lake Association, Inc., its successors or assigns, the right to install, lay down and construct at any time, sewer, gas and water lines, and telephone and electric light and power lines, roads and other improvements and appurtenances, thereunto belonging, for the use, convenience and benefit of the other lots upon the aforesaid map or plan and of this association, when the same is a part of the plan authorized by the board of directors, through, on, over and across said lots herein conveyed, and shall at all times have the right of ingress and egress hereon for the purpose of repairing and maintaining the same; provided, however, the construction and maintenance of such improvements shall be located and managed so as to cause the least possible interference with the buildings on the lot, or buildings hereafter constructed thereon, and the landscaping of the lot.
- That the grantee, his heirs and assigns, shall construct no building, buildings, roads, gas lines, water lines, light and power lines, sewer lines, sewage disposal facilities, or other structures of any kind or character upon his lots, without first submitting a plan thereof to the Committee on Building and Grounds and having the same approved in writing by the board of directors, and a building permit issued therefore.
- That the grantee, his heirs and assigns, will maintain the premises in a clean, sanitary condition, and conform to all the health laws and regulations of the State of West Virginia and all sanitary regulations prescribed by the Committee on Building and Grounds; and all the rules, regulations and restrictions prescribed by the board of directors.
- That the grantee, his heirs and assigns, shall not move any auto trailer or movable home or house, or any improvement or equipment of any kind or character, on his said lot without first submitting a statement of the matter or thing to be moved upon said lot to the Committee on Building and Grounds and having the same approved in writing by the board of directors, and a permit issued therefore.
- That the grantee, his heirs and assigns, will comply with the bylaws of the Flat Top Lake Association, Inc., and with the rules, regulations and restrictions prescribed and promulgated by the board of directors of the Flat Top Lake Association, Inc.
- That if the grantee, his heirs and assigns, shall not pay all dues, assessments or other indebtedness to Flat Top Lake Association, Inc. within the time required to be paid, the same shall be liens upon the property herein conveyed and may be enforced by a suit in equity, the same as any other lien.
- (a) That in the event of a violation of any covenant, reservation, restriction or condition contained in any deed of conveyance to any lot owner, whether that owner be a member or not, or in the event of a failure to comply with the rules, regulations and restrictions prescribed and promulgated from time to time by the Board of Directors, Flat Top Lake Association, Inc. on its own behalf and on behalf of its association of members, shall have the right to pursue all available legal and lawful remedies, including any extraordinary relief, to enforce these By-laws, and any said rules, regulations, restriction, and covenants which at any time pertain to lots at Flat Top Lake or to membership in the Association; and
(b) To the extent that there has in the past been any violation of any covenant, reservation, restriction or condition contained in a deed of conveyance, or a failure to comply with the by-laws, or any rules, regulations and restrictions prescribed and promulgated by the Board of Directors, and as a result, Flat Top Lake Association, Inc. has or could have a claim or right of reverter or reversion under previous Article VII, Section 3, subsection 7, of the By-laws to take exclusive possession of a lot and to exclude therefrom the former owner, and it has not asserted such claims or exercised such rights, the Association hereby foregoes and waives such claims and rights to the full extent that such claim or right of reverter or reversion might be enforceable against any owner of a lot at Flat Top Lake and Park vested with title on or after the effective date of this amendment which is May 7, 2002.
- That all covenants herein to be paid, kept and performed by said grantee, his heirs and assigns, in addition to being personal covenants, shall be, and are, covenants running with the property herein conveyed, and shall be binding upon said property into whosoevers hand it may pass.
Sec. 4. The right to use the lake and the facilities of the association shall not be appurtenant to the ownership of or title to the real estate, and the right to the use of the association’s facilities may be denied to any member, without affecting the title to his real estate.
Sec. 5. The association, through its board of directors, shall have the authority to purchase the real estate of any member, and to accept the surrender of any certificate of membership.
Sec. 6. Whenever it is deemed expedient by the membership of the association to provide for the upkeep and maintenance of the dam, lake, roads, ground, or other improvements, or to make improvements on the association’s property and additions to the facilities of the association for the use and benefit of its members to be paid for in whole or in part by special assessments, and by an affirmative vote of more than fifty percent (50%) of the entire membership present at a special meeting of the membership called for that purpose or at an annual meeting, declare by resolution the necessity for such upkeep and maintenance or the necessity for such improvements and additions, the Flat Top Lake Association, Inc., shall have the right, power and authority to levy a special assessment against the lots, as shown upon the aforesaid plat or map filed of record as aforesaid; provided, however, that all lots shall be assessed equally, with the exception of the lots held by the Flat Top Lake Association, Inc,; that no assessment for any one year shall exceed the sum of Five Hundred Dollars ($500) per lot (Amended 4-28-07), and that such assessment as levied each year shall be and become a lien against the respective lots without filing of suit or legal procedure to establish such lien on such lot if not paid within thirty days (30) days after said assessment is made. The Flat Top Lake Association, Inc., shall not be assessed for lots owned by it, and any assessment which has become a lien against a lot which has been sold by the Flat Top Lake Association, Inc. on contract shall at once cease to be a lien should it through forfeiture again become the property of the Flat Top Lake Association, Inc., or any assessment which has become a lien against a lot which has been repurchased by the Flat Top Lake Association, Inc., as herein provided, or otherwise become the owner thereof, shall at once cease to be a lien should the lot again become the property of this association.
Sec. 7. The association shall have a lien upon the lot or lots of every member for any assessment, dues, claims or any fines or debts due from such member to the association, as herein provided, which may be enforced by a suit in equity, the same as any other lien.
Sec. 8. Any assessment or special assessment levied:
(a) in accordance with Section 6 above;
(b) or in accordance with Article IV, Sections 16 and 17;
(c) or by any other provision now or hereafter included in the Bylaws of Flat Association, Inc., and any dues fixed by the board of directors pursuant to Article IV, Section 15 of these Bylaws or by any other provision now or hereafter included in these Bylaws; together with interest thereon at the highest lawful rate of interest in West Virginia and the cost of collection thereof shall be a permanent charge and continuing lien upon those the lot or lots to which such assessments or dues relate. In addition, such assessments and dues shall also be the continuing joint and several personal obligation of each owner of such lot or lots from the time any such assessments and dues become due until paid and each owner of a lot hereby covenants and agrees and is deemed to have covenanted and agreed by acceptance of a deed for the said lot or lots, whether or not it shall be so explicitly expressed in any such deed, to pay the same to the association as and when due.
Any assessment or dues not paid on the date when due, shall, together with interest thereon at the maximum legal rate, and cost of collection thereof, be a continuing lien and charge on the lot or lots to which such assessment or dues relate and shall bind such lot or lots in the hands of the then property owners, their heirs, legal representative, successors and assigns. However, the personal obligation of the then property owners to pay such assessment or dues shall remain his or her personal obligation and shall not pass as a personal obligation to their successors in title unless expressly assumed by such successors in title. Provided further, that if the successors in title assume the prior property owner’s personal obligations created by the assessments or dues, the prior property owners shall nevertheless remain fully obligated to pay to the association any and all amounts which they were obligated to pay immediately before the transfer of the lot or lots to which the dues or assessments pertain. At that point, the prior property owner or owners and the successor or successors in title assuming any preexisting liability will be jointly and severally liable with regard to that liability for dues and assessments. Not withstanding any agreement between prior property owners and their successors in title to the contrary, any dues or assessment not paid when due shall bear interest from the due date thereof at the maximum legal rate allowable under West Virginia law and the association may, in addition to any remedy specified in Section 7 above, also bring appropriate legal action against the former or current property owner or owners personally obligated to pay the past due assessment and/or dues. In the event of default in the payment of dues or assessments, the association shall be entitled to pursue any and all remedies afforded at law or in equity, including, without limitation, the right to foreclose the associations liens against the lot or lots to which such liens relate and also to bring any personal action against the former or current property owners for the collection of such dues or assessments. The association shall specifically have the power to bid in the lot or lots at any such foreclosure or other public sale, and to acquire, hold, mortgage or convey the same. (Amended 5/5/05).