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Brykerwoods Brykerwoods
Restrictive Covenants
 

CBB Restrictive Covenants—In General.

 

The CBB Board and a team of attorneys have been working to draft improved CBB deed restrictions after the lawsuit in 2016 revealed that portions of the previous deed restrictions were vague and unenforceable. We have been meeting with a handful of neighborhood volunteers to put forth deed restrictions that meet with today’s building and legal standards.

 

There will be two meetings for CBB residents to participate in informal Q&A sessions to hear about the new restrictions and why they are necessary to protect the property values of the CBB. 

 

Tuesday, January 17, 2017 from 7:00–8:45pm at Mendenhall Center across from Kroger at 1414 Wirt Road
Thursday, January 26, 2017 from 7:00-8:45pm at Mendenhall Center across from Kroger at 1414 Wirt Road

 

Proposed Restrictive Covenants 1/17/2017 - link

 

Effective in May 2000, the residents of three of the four CBB subdivisions, Brykerwoods Estates, Bellewood Subdivision, and Brykerwoods Addition Section 2, adopted restrictive covenants (also commonly called “deed restrictions”) applicable to all lots in those subdivisions.  Effective in June 2005, the residents of the fourth CBB subdivision, Clay Woods Section 1, adopted similar (though not identical—see below) restrictive covenants applicable to all lots in Clay Woods Section 1.  The restrictive covenants for all four CBB subdivisions, as the same may be amended from time to time, are referred to collectively hereinafter as the “Restrictive Covenants.”

 

Copies of the original recorded Restrictive Covenants for (i) Brykerwoods Estates, Bellewood Subdivision, and Brykerwoods Addition Section 2, and (ii) Clay Woods Section 1, respectively, may be viewed by clicking on the applicable hyperlinks set forth below this paragraph.  The Restrictive Covenants may be amended by owners of at least 75% of the lots, in accordance with the terms of the Restrictive Covenants.  Persons interested in the provisions of the Restrictive Covenants should ask the Association’s secretary or the chairman of the Development Standards Committee (described below) for copies of any operative amendments to either of the documents, which may not be posted on this website.

 

 

Restrictive Covenants for Brykerwoods Estates, Bellewood Subdivision and Brykerwoods Addition Section 2 only (not Clay Woods Section 1)

 

Restrictive Covenants for Clay Woods Section 1 only

link

 

 

Summary of CBB Parking Restrictions & Guidelines

link

 

  

CBB Restrictive Covenants—Certain Provisions.

 

The Restrictive Covenants create certain requirements and restrictions binding upon the lots in the CBB subdivisions and the owners of the lots.  Broad classifications of such requirements and restrictions contained in the Restrictive Covenants include the following:

 

  • Residential Character Restrictions (see Article II of the Restrictive Covenants and particular sections referenced as follows) including provisions relating to single-family residential use (Section 2.1), restrictions on subdivision of lots (2.2), renting (2.3), home occupations (2.4), and garage sales (2.5).
  • Use Restrictions (see Article III of the Restrictive Covenants and particular sections referenced as follows) including provisions relating to animals (3.1), noise (3.2), nuisance (3.3), vehicle storage (3.4), required parking (3.5), weeds and trash (3.6), vacant lots (3.7), signs (3.8), dead tree removal (3.9), and lighting (3.10).
  • Restrictions on Improvements (see Article IV of the Restrictive Covenants and particular sections referenced as follows) including provisions relating to the Development Standards Committee (4.1), temporary buildings (4.2), utility easements (4.3), new construction and remodeling (4.4), and drainage (4.5).
  • Dimensions and Setbacks (see Article V of the Restrictive Covenants and particular sections referenced as follows) including provisions relating to the number of structures (5.1), height of structures (5.2), number of stories of structures (5.3), setbacks (5.4), permitted protrusions in setbacks (5.5), garage exception to setbacks (5.6), other characteristics of garages (5.7), non-typical lots (5.8), minimum ground-floor area requirements (5.9), and minimum lot size for Bellewood Subdivision lots (5.10).
  • Deed Restriction Violation Procedures (see Article VI of the Restrictive Covenants).

 

Important Note:  While many, if not most, of the Restrictive Covenants are the same for all four CBB subdivisions, the Restrictive Covenants applicable to several of the four CBB subdivisions differ slightly in certain important ways.  Compare, e.g., the required building setback distances applicable to front street lines in Clay Woods Section 1 versus those in Brykerwoods Estates, Bellewood Subdivision and Brykerwoods Addition Section 2, or the required building setback distances applicable to interior lot lines in Bellewood Subdivision versus those in Brykerwoods Estates, Brykerwoods Addition Section 2 and Clay Woods Section 1.  See Section 5.4 of the applicable Restrictive Covenants regarding required setbacks.  There may be other differences among the subdivisions as well.

 

Consequently, a person intending to build improvements on a lot in the CBB neighborhoods should be sure to consult the full text of the Restrictive Covenants (and any amendments) that are applicable to the particular subdivision and lot in question before building, in addition to reviewing the recorded Plat for the lot in question.  In particular, be sure to review the applicable document of the two versions of the Restrictive Covenants, either the version applying to all three of Brykerwoods Estates, Bellewood Subdivision and Brykerwoods Addition Section 2, or the version applying solely to Clay Woods Section 1.  As an additional reminder, the improvements on lots in the CBB neighborhoods must be constructed both in compliance with the applicable setbacks contained in the Restrictive Covenants and the applicable setbacks contained in the Plats, whichever are more restrictive.