REQUIREMENT FOR COMPLETION OF SALE AND APPROVAL OF BUILDING PLAN IN LEKKY COUNTY HOMES ESTATE.
We write to congratulate you on your choice to live in this exquisitely finished Estate, LEKKY COUNTY HOMES ESTATE, Ikota, Lekki, Lagos.
We are also pleased to inform you of the requirement to fully conclude your allotment as well as communicate the procedure to obtain approvals of your building plan as outlined below:
- We enclose the APPROVAL ORDER to guide in the preparation of your Architectural Drawings and utilisation of your plot of land.
- It is expected that each Homeowner will submit duly executed Deed Restrictions of the Lekky County Homes Estate herein enclosed.
- Homeowners will also submit the Architectural Drawings of their Buildings for initial approval by the BUILDING DEVELOPMENT CONTROL COMMITTEE of Lekky County Homes Estate, to ensure complete compliance with the provisions of the approval order and the relevant conditions for the Estate development. The drawings shall subsequently be submitted on behalf of individual subscribers to the Local Planning Authority, for final approval.
- There is a need for each plot owner to submit for verification evidence of payment for the plot (i.e. copies of cheques, receipt, and e.t.c.)
We once again congratulate you for your discerning choice and thank you in anticipation of your co-operation.
FOR: LEKKY COUNTY HOMES LIMITED
OLUMIDE OSUNSINA FAMOJURO STEPHEN
MD/C.E.O. LEGAL MANAGER
LEKKY COUNTY HOMES ESTATE
(LEKKI PENINSULA, LAGOS)
SET BACKS FOR RESIDENTIAL BUILDINGS
- Minimum setback of the front building line to the front property boundary line
Shall be 9.0 meters for residential buildings.
1.2 Minimum setback of the rear building line to the rear property line shall be 3.0
- Minimum setback of both the right and left sides building lines to the side
Property boundary line shall be 3.0 meters.
SETBACK BETWEEN STRUCTURES
1.4 The minimum setback between two structures within the same plot shall be 6.0
SETBACKS FOR COMMERCIAL AND OTHER NONE
2.1 Minimum setback of the front building line to the front property line shall be 9.0
2.2 Minimum setback of the rear building line to the rear property boundary line
Shall be 6.0 meters.
2.3 Minimum setback of both the right and left sides building lines to the side
Property boundary line shall be 6.0 meters.
SETBACK BETWEEN STRUCTURES
2.4 The minimum setback between two structures within the same plot shall be 6.0
3.1 Out of the 9.0 meters in section 1.1 and 2.1 above, 3.0 meters shall be
Designated solely for grass planting to ensure uniformity of frontage landscaping
throughout the estate before the front fence.
PROPERTY BOUNDARY FENCE (OPTIONAL)
4.1 Frontage property boundary fence (which is optional) can be of hedges which
Shall not exceed 1 meter height at all times, wood, iron grills or dwarf wall not
exceeding 1 meter in height
BUILT UP AREA
5.1 Maximum built up area for residential development within the Estate shall not exceed 35% of total land area. This shall be properly and clearly indicated on the site plan of the architectural drawings.
6.1 The maximum number of residential units per plot shall not exceed one (1) except on plots in excess of 700 square meters. Lekky County Homes Limited has the exclusive right to build more than one (1) residential unit on plots less than 700square meters.
6.2 Two residential units can be permitted on plots in excess of 700 square meters.
700-899 square metres for Semi-detached houses.
For plots on excess of 900 square meters, two detached houses.
6.3 High rise residential apartments shall be permissible ONLY in areas designated for Mixed development.
PERMISSIBLE NUMBER OF FLOORS
7.1 Maximum permissible number of floors for residential buildings within the
Estate shall be two (2), ground floor and first floor, with an optional penthouse
not exceeding 30% of the first floor total floor space area except for high rise
HIGH RISE RESIDENTIAL APARTMENT BUILDINGS
8.1 High rise residential buildings shall observe a minimum front setback of 9 meters
to the front boundary line and a minimum setback of 4.5 meters to the sides and
rear boundary lines.
8.2 Built up area for high rise apartment buildings shall not exceed 35% of the
total land area shall be properly indicated on the site plan.
8.3 High rise buildings shall provide for adequate fire extinguishing devices such as
fire hydrants, water sprinklers etc.
CAR PARKING UNITS
9.1 Car parking space requirements shall be two car parking units for each family
9.2 Car parking requirements fir non- residential development shall be two cars
parking space units for 50 square meters floor space area.
10.1 Service Quarters shall be located at the rear of the plot or within the building.
11.1 Generators shall be placed at the rear end of the plot and shall be sound proofed.
12.1 Water tanks shall be concealed within the building.
PERMISSIBLE BUILDING HEIGHTS
13.1 Maximum permissible height for residential buildings shall be 10 meters except
for high residential apartments.
13.2 Maximum permissible height for non residential development shall not exceed
PLOT USAGE ANALYSIS
14.1 A clear analysis of the plot use shall be indicated on the site plan to include total
area of plot, total built up area and percentage of total land area.
15.1 All bedrooms and all living rooms shall provide for adequate and effective
cross-ventilation in form of window openings.
16.1 Cantilevers shall not exceed 0.9meters on any side of the building and shall
observe minimum of 9 meters setback from the frontage property boundary line
and 3 meters from the rear and side property boundary lines.
17.1 All allottees and developers shall, in the first instance, submit their building plans
and obtain a preliminary approval on their building plans from the Estate management office before finally submitting to the Lagos State Planning Authority
for statutory planning approval.
DEED RESTRICTIONS FOR LEKKY COUNTY HOMES ESTATE
This Deed Restrictions is made on this day of by Lekky County Homes Estate And Management Company Limited being herein called ‘The Management Company’.
WHEREAS, Lekky County Homes Estate Management Company Limited has been vested with absolute and irrevocable power to manage Lekky County Homes Estate by Megamound Investment Limited (hereafter the Developer) under a Deed of Assignment with each of the owners of plots and structures in Lekky County Homes Estate within Ikota Town Via Ajah, Eti-Osa Local Government Area, Lagos State and this Deed Restrictions is more particularly described as Annexure 1 in the Deed of Assignment and made a part thereof for all purposes;
AND WHEREAS in pursuance of the covenants contained in the Deed of Sub-Lease thereof, The Management Company does hereby make this Deed Restrictions for Lekky County Homes Estate in order to establish a uniform plan for the development, improvement and sale of property, maintaining the important scenic values of the neighborhood and to ensure the preservation of such uniform plan for the benefit of both the present and future Owners of the Plots in the property; and so that the Deed Restrictions may provide in full as follows, and only as follows,
NOW, THEREFORE, The Management Company hereby adopts, establishes and imposes upon the property and declares the following reservations, easements, restrictions, covenants and conditions applicable thereto, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the property, and for the welfare and benefits of the owner of Plots in the Property, which reservations, easements, covenants, restrictions and conditions shall run with the land and shall be binding upon all parties having or acquiring any right, title or interest therein, or any part thereof, and shall inure to the benefit of each owner thereof for the welfare and protection of the property values.
“There shall be the establishment, formation and registration of Lekky County Homes Estate Property Owners and Residents Association to be headed by the chairman elected by the Residents Association”.
Membership of the association shall be limited and restricted only to Owners and residents who pay their dues as at when due.
Wherever used in this Deed Restrictions, the following words and/or phrases shall have the following meanings, unless the context clearly requires otherwise.
1.1 “Building Development Control Committee” shall mean the committee established by the Board of Directors of the Management Company pursuant to Article 4.1
1.2 “Board of Directors” or “Board” shall mean the board of directors of the Management Company.
- “Common Area” shall mean and refer to all those areas of land within the Properties designated for erection of common facilities as shown on the Master Layout. Common Area also includes any pipeline easements, drainage easements or utility easements, landscape reserves and recreational reserves.
1.4 “Common Facilities” shall mean and refer to all existing and subsequently provided structures within the Common Area, except those as may be expressly excluded herein.
Also, in some instances, Common Facilities may consist of improvements for the use and benefit of the Owners in the Estate, constructed on portions of one or more Plots or on acreage owned by The Management Company (or The Management Company and others) which has not been brought within the scheme of this Deed Restrictions. By way of illustration, Common Facilities may include, but not necessarily be limited to, the following; structures for water, electrical, telephone, recreation, storage or protection of equipment; fountains; statuary; sidewalks; gates; common driveways; landscaping; and other similar and appurtenant improvements.
References herein to Common Facilities (any Common Facility) shall mean and refer to common facilities as defined respectively in the Deed Restrictions and all Supplemental Deed Restrictions.
1.5 “The Management Company” shall mean and refer to Lekky County Homes Estate Management Company Limited and its respective successors and assign.
1.6 “Improvement to property” shall mean, without limitation. (a) The construction, installation or erection of any building, structure, fence, dwelling unit or other improvements, including utility facilities. (b) the demolition or destruction, by voluntary action, of any building, structure, fence, or other improvements; (c) the grading, excavation, filling, or similar disturbance to the surface of any plot, including, without limitation, change of grade, change of ground level, change of draining pattern, or change of stream bed; (d) installation or changes to landscaping on any Plot; and (e) any exterior appearance, colour, or texture not expressly permitted by the Deed Restrictions, or rules and regulations adopted by the Board of Directors of the Management Company,
1.7 “Improvements” shall mean all structures and any appurtenances thereto of every type or kind which are visible on a Plot, including, but not limited to. a dwelling unit, buildings, swimming pools, spas, hot tubs, painting of any exterior surfaces of any visible structure, additions, sidewalks, walkways, sprinkler pipes, garages, carports, roads, driveways, parking areas, fences, screening, walls, retaining walls, stairs, docks fixtures, windbreaks, basketball goals, yard decorations, benches, flagpoles, or any other type of pole, signs, exterior lighting, recreational equipment or facilities, radio, conventional or cable or television antenna or, dish, microwave and landscaping that is placed on and/or visible from any plot.
1.8 “Master layout” shall mean the government approved layout for the Estate.
1.9 “New Construction” shall mean the initial dwelling house constructed on any plot including any garage, outbuilding, generator house, boy’s quarters or amenity house approved by the Management Company in accordance with the Deed Restrictions and by the appropriate government authorities.
1.10 “Owner” shall mean any person allocated a Plot by the Developer or The Management Company or by any person who holds at the relevant time any form of legal or equitable title to a Plot by virtue of assignment, sub-lease, inheritance, mortgage, lien or other transaction or occurrence whether or not any required governmental consent for such transaction or occurrence is yet to be received at the relevant time.
1.11 “Plot” and/or “Plots” shall mean the Plots shown on the recorded survey plan which are restricted hereby to use for residential purposes or commercial purposes excluding specifically the Common Area or Reserves.
1.12 “Plot Survey” shall mean the individual survey plan for each Plot as provided by the Developer or The Management Company or the appropriate governmental agency.
- “Property” or “Properties” or “Estate” shall mean and refer to Lekky County Homes Estate Lekki, Lagos State as more fully described on Exhibit “A” attached hereto and made a part hereof for all purpose, and any additional properties made subject to the terms hereof pursuant to the annexation provisions set forth herein.
1.14 “Supplemental Deed Restrictions” shall mean any modification of this Deed Restrictions made by The Management Company pursuant to Article V.
RESERVATION, EXCEPTIONS AND DEDICATIONS
2.1 The Master Layout for use as such, subject to the limitations set forth therein, in the streets, and easements shown thereon, and further establishes certain restrictions applicable to the Properties, including, without limitation, certain minimum setback lines. All dedications, limitations, restrictions, and reservations shown on the Master layout are incorporated herein and made a part hereof, as if fully set forth herein, and shall be construed being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of the Developer or The Management Company, conveying the said property or any part thereof, whether specifically referred to in such contract, deed of assignment or conveyance.
2..2 The Management Company reserves the easement and right-of-ways as shown on the Master Layout or individual Plot Survey for the purpose of constructing, maintaining and repairing by itself or its agents, servants or co-ventures a system or systems of electric lighting, electric power, telegraph and telephone and telephone line or lines, gas, drainage, water, cable or any other utility The Management Company sees fit to install in, across and/or under the properties.
- Neither The Management Company nor any utility company using the easements or right-of way as shown on the Master Layout or individual Plot Survey, or that may otherwise be granted or conveyed covering the properties, or any portion thereof, shall be liable for any damages done by them, or their assigns, agents, employees or servants, to fences, shrubbery, trees or flowers or other property of the Owner situated on the land covered by any such easements or rights-of-way, unless negligent.
- It is expressly agreed and understood that the title to any Plot or parcel of land within the properties conveyed by The Developer or The Management Company by contract, deed or other conveyance shall be subject to an easement for roadways or drainage, water, gas, sewer, storm, electric light, electric power, telegraph, telephone or cable purposes and no deed or other conveyance of the plot shall convey any interest in any pipes, lines, poles or conduits, or in any utility, facility or appurtenances thereto constructed by or under The Management Company or any easement owner, or their agents, through, along or upon the premises affected thereby, or any part thereof, to serve said properties or other lands appurtenant thereto. The right to maintain, repair, sell or lease such appurtenances to any municipality or other governmental agency or to any public service company or to any other party, is hereby expressly reserved to The Management Company.
2.5 In the event where a plot owner or a house owner wishes to sell his property to a purchaser, The seller shall give the first option of refusal to the estate management company or to Lekky County Homes Estate Management Company, after which refusal he shall sell to a buyer of his choice. Where there is an acceptance he shall sell to the Management Company.
3.1 Land Use and Building Type. As used herein, the term two or double family residential purposes” shall be construed to prohibit the use of the said plots for mobile homes, block of flats or any structure capable of providing two or more separate dwelling units or flats or apartments. Duplex houses, which consist of no more than two semi-detached dwelling houses on one plot, May only be constructed with the prior approval of the Building Development Control Committee and/or Management Company and after payment of all charges to upgrade the utilities in the property to accommodate the additional services to be required by such duplex houses. No approval for the construction of duplex houses shall be given if the Management Company determined that any utility upgrade shall cause serious disruption of services to other residents of the property. In the case of commercial plots, no structure shall be erected without the prior approval of the management company and or the Building Development Control Committee appointed for the Estate.
Each Allottee and Plot Owners shall pay N400, 000.00 (subject to modification) towards the construction of the access road from the main road to the entrance of the Estate. The construction shall include the paved road, street lights, some landscaping and drains on both sides of the road.
3.2 The following specific restrictions and requirements shall apply to all plots in the property:
- a) Outbuildings. Provided the express written consent of the Building Development Control Committee is secured prior to installation and placement on a Plot, (1) lawn storage building and/or one (1) children’s playhouse, each limited in maximum height to eight (8) feet from the ground to the highest point of the structure, may be placed on a plot. In no case can the outbuilding structure of any type be permitted unless the specific Plot involved is completely enclosed by fencing in accordance with Article 3.12. Otherwise, no building or structure of any kind shall ever be moved onto or erected on any Plot. It is intended hereby that; unless otherwise specifically approved pursuant to article IV hereof, only new construction shall be placed and erected on any plot within the property.
- b) Roof Materials. The roof of all buildings on the property shall be Constructed or covered with aluminium roofing sheets and roofing tiles. The recommended colours are Brown and Terracotta Red. The neutral colours that may be used are Beige, Ivory and Natural Aluminium. Colours Green and Blue are not permitted. The selected colour type must be approved by the Building Development Control Committee prior to installation for purposes of aesthetics and uniformity within a street or building type.
- c) Air Conditioners. No window unit air conditioner unit shall be permitted to be used, erected, placed or maintained in front of any building on any plot, except only if approved in writing by the Management Company prior to installation or placement.
- d) Building Materials. All exterior building materials shall be either brick or stone or a combination of the same, which materials shall extend to the ground level on all sides of the building; provided, however, that windows and doors shall be of standard material; and provided further that The Management Company may approve other materials than those listed herein, if such approval is given in writing. Harmony among the residences in the Estate is acknowledged as a goal of all parties.
- e) Shade Trees. As construction is completed, each plot shall be landscaped with the minimum of one shade tree in the front yard as required by The Management Company.
3.3 Sidewalks. No sidewalk, walkway, improved pathway, deck, balcony, driveway or other improvement shall be constructed on any plots unless and until the plans and specifications therefore are submitted to and approved by the Building Development Control Committee as provided in Article IV below.
3.4 Location of Building Upon the plot. All structures within any plot shall lie within the buildable area clearly marked on the Plot Survey.
3.5 Composite Building Site. Subject to the approval of the Building Development Control Committee, any owner of more than one adjoining Plots may consolidate the plots for purposes of building one or more structures on the composite plots subject to the approval of Building Development Control Committee. If owner consolidates two or more adjoining Plots, each original Plot shall continue to be assessed separately for maintenance fee or other levies as shall be determined by the Management Company.
3.6 Use of temporary Structures. No structure of temporary character, whether trailer, basement, tent, shack, garage, barn or other outbuilding shall be maintained or used on any plot at any time as a residence, or for any other purposes, with the exception of lawn storage or children’s playhouses which are constructed with prior express written consent of the Building Development Control Committee; provided, however, The Management Company reserves the right to grant the exclusive right to erect, place and maintain such facilities in or upon any portions of the plots or reserves as in its sole discretion maybe necessary or convenient while constructing residences and constructing other improvement upon the properties. Such facilities may include but not necessarily be limited to construction offices, storage areas and potable toilet facilities. The management company reserves the right to tow any Vehicle parked oust the permissible space and demand fees from the plot owner.
3.7 Playhouse, Generator House, Boys Quarters or Other Amenity Structures. These types of structures are permitted only within the fenced portion of the plot and must be approved by the Building Development Control Committee. No Resident of Lekky County Homes Estate shall own an individual back-up generator to power their housing Unit. All Residents of Lekky County Homes Estate shall pay for a common generator provided by the Lekky County Homes Estate Utility Company to power their individual houses and the common areas. All Residents shall also pay for the running cost of such generating plant.
3.8 Storage of Automobiles, Trailers and other Vehicles. No vehicle with or without motor may be parked or stored on any part of any street, easement, right of way, or common area. Plot owner shall ensure that their over-night visitor’s vehicles are parked within their premises. No repair work, dismantling or assembling of motors vehicles or other machinery or equipment shall be done on any street. The Board of the Management Company may adopt rules for the regulations of the admission and parking of vehicles within the common areas, including the assessment of charges to owners who violate, or whose invitees violate such rules. This restriction shall not apply to any vehicle, machinery, or maintenance equipment temporarily parked and in use for the construction, repair or maintenance of facilities within the Estate or of a house or houses in the immediate vicinity.
3.9 Erection of Overhead Water Storage Tanks. Water storage tanks shall be completely concealed within the building.
3.10 Animal Husbandry. No animals, snakes, livestock or poultry of any kind shall be raised or bred on any plot except dogs and cats herein referred to as common households pets which may be kept and maintained thereon if they are not kept, bred or maintained for any commercial reason or purpose. If common household pets are kept, such must be restrained and confined on the owner’s back plot. It is the pet owner’s responsibility to keep the plot clean and free of pet’s debris. Pet must be on a leash or chain with an attendant when away from the plot.
3.11 Fences. No fence, hedge, wall, or barrier of any nature may be constructed, planted or maintained beyond the building set-back lines (except the rear property lines and the side property lines behind the rear wall of the residence building); nor shall any fence, hedge, wall or barrier of any nature be constructed, planted or maintained in front of the rear wall of the residence building. Fences, walls and constructed barriers shall be of substantial construction materials, and of first-class design, shall comply with all governmental regulations, and shall be approved by The Building Development Control Committee in writing prior to commencement of the construction thereof. No fences in excess of two (2) metres in height shall be erected on any plot for security purposes. All fence design and construction shall be approved in writing by the Building Development Control Committee. Erection of see-through only is permitted in front of the plot but not exceed one (1) meter in height. Owners of adjacent plots shall share the cost of fencing with their neighbours.
3.12 Plot Maintenance. The owners or occupants of all plots shall at all times keep all weeds and grass thereof cut in a sanitary, healthy and attractive manner and shall in no event use any plot for storage of materials and equipment except for normal residential requirements or incident to construction of improvements thereon as herein permitted, which materials and equipment shall be stored so as not to be visible from any street. The drying of clothes in public view is prohibited. The owner or occupants of any plot shall construct and maintain a fenced enclosure to screen drying clothes from public view. Similarly, all yard equipment, wood piles, or storage piles shall be kept screened by a fenced services yard or other property. No plot shall be used or maintained as a dumping ground for trash, nor will accumulation of garbage, trash or rubbish of any kind thereon be permitted. Burning of trash, leaves, grass or anything else will not be permitted under any circumstances. Trash, garbage or other waste materials shall be kept in sanitary containers constructed of metal or plastic materials with sanitary cover or lids. Equipment for the storage or disposal of such waste materials used in the construction of any improvement erected upon any plot at the time construction is commenced may be maintained thereon for a reasonable time, so long as the construction progresses without undue delay, until the completion of the improvements, after which these materials shall either be removed from the plot or stored in a suitable enclosure on the Plot. In the event of default on the part of the owner or occupant, on any of the plots, in observing any of the above requirements, such default continuing after (10) days’ written notice thereof. The Management Company or its assigns may, without liability to the owner or occupant, enter the said Plot and cause to be cut such weeds and grass, and remove or cause to be removed such garbage, trash and rubbish, or do any other thing necessary to secure compliance with these restrictions so as to place the said Plot in a neat, attractive, healthful, and sanitary condition, and may reasonably charge the Owner or occupant of such Plot for the cost of the work. Said charge shall become an assessment against the Plot as determined by The Management Company. Further, The Management Company or its assignee reserve the right to contract or arrange for regular garbage pick up service for the Plot Owners. The Owner or occupant, as the case may be, agrees by the purchase or occupancy of the property to pay for such work or services immediately upon receipt of a charge assessed against such Plot. The charge may not be included as part of the regular annual maintenance fee provided for herein. The management company shall debit plot owners for the re-painting of the exterior part of their buildings after every twenty (24) months in order to maintain the beauty of the buildings as paints are prone to being washed out over a period of time.
3.13 Signs, Advertising, Billboards. No signs shall be constructed or maintained on any plot, except for house numbers and name plates of standard sizes (determined by The Management Company), and standard, small, temporary one (1) square meter “For Sale or For Rent” signs when the lot is for sale or rent. No mailbox or paper holder shall be placed on any lot unless its design and placement is approved in writing by The Management Company. The Management Company has or will construct uniform mail boxes in the Units; and each owner of a plot will reimburse The Management Company its cost upon purchase of the box or on demand by The Management Company thereafter. The Management Company or its assigns shall have the right to remove any non conforming sign and advertisement or billboard or structure which is placed on a residential Plot and in so doing shall not be subject to any liability or damages for trespass, or otherwise in connection therewith arising from such removal.
3.14 Antennas, Satellite Dishes and Related Masts. No television, radio or other receiving tower shall be constructed or maintained on any plot. Any antenna, satellite dish and related masts are permitted to be placed on a residential Plot only in accordance with the guidelines, conditions, standards and requirements adopted by the Board or Directors of the Management Company from time to time.
3.15 Noise. Except in an emergency or when unusual circumstances exist (as determined by the Management Company or its Directors), outside construction work or noisy interior construction work shall be permitted only after 8.00 a.m and before 7.00 p.m.
3.16 Utilities. Electricity, cold water and telephone utilities in the Estate shall be by the surfaced distribution system. The Owner and Resident of each residential Plot shall pay for materials and fees required to connect the Plot from the point of Utility Company’s or Management Company’s metering at the structure to the point of attachment to be made available at designated points on every street. The Management Company has granted necessary easements to the utility Company and Management Company providing for the installation, maintenance, and operation of its metering system. In addition, the owner of each residential Plot shall contact the Management Company to confirm that necessary ducts for connection of adjoining Plots to utilities have been installed prior to construction of the Plot’s driveway. The Plot Owner and Resident shall not hold the utility or Management Company responsible for any damages to the driveway in the process of connecting the adjoining Plots to the utilities due to his failure to comply with the above. Each Allottee and Plot Owners shall pay N 300,000.00 for water connection and N500, 000.00(subject to modification) for electricity connection.
3.17 Plot Ownership Transfer.
- No Plot Owner shall transfer or alienate his right or interest in the Plot without prior written consent of the Management Company. The Company shall charge a registration fee for granting the approval and shall update its records with the new owner’s name, if a plot is transferred without the appropriate approval, the Management Company reserves the right to deny the new Owner access to the said Plot.
- Transfer of plot by plot owners who have not developed after a period of Two (2) years would attract 15% interest of any appreciation of the value of the plot transferred as at the time of sale.
3.18 Enforcement of Conditions and restrictions. The power to enforce the Conditions and Restrictions contained in this Deed Restrictions has been vested in the Management Company by the Assignors of Lekky County Homes Estate.
3.19 No Liability. Neither The Management Company, the Board of Directors of the Management Company, nor the respective agents, employees and architects shall be liable to any Owner or any other party for any loss, claim or demand asserted on account of the administration of these restrictions or the performance. These restrictions can be altered or amended only as provided herein and no person is authorized to grant exceptions or make representations contrary to the intent of this Deed Restrictions. No approval of plans and specifications and no publication of minimum construction standards shall ever be construed as representing such plans. Specifications or standards will, if followed, result in a properly designed Residential structure. Such approvals and standard shall in no event be construed as representing or guaranteeing that any residence will be built in a good, workmanlike manner. The acceptance of an allocation or deed of assignment to a residential Plot by the Owner in the Estate shall be deemed to be a covenant and agreement on the part of the Owner, and the Owner’s heirs, successors and assign, that The Management Company and the Board of Directors of the Management Company, as well as their agents, employees and architects shall have no liability under this Deed Restrictions except for wilful misdeeds.
3.20 Interpretation. If this Deed Restrictions or any word, clause, sentence, paragraph or other part thereof shall be susceptible to one or more conflicting interpretations, the interpretation which is most nearly in accord with the general purposes and objectives of this Deed Restrictions shall govern and may be corrected or clarified by The Management Company’s preparation, execution and recording of a supplement to the Deed Restrictions.
4.1 Building Development Control Committee. As used in this Deed Restrictions, the term “Building Development Control Committee” shall mean a committee of five (5) members. Members of the Building Development Control Committee may, but need not be Shareholders of the Management Company. Members of the Building Development Control Committee shall serve such terms as may be designated by the Board of Directors of the Management Company.
4.2 Approval of New Construction and Improvements Required.
Notwithstanding anything contained in this Deed Restrictions to the contrary, the approval of a majority of the members of the Building Development Control Committee shall be required before embarking on any New Construction as well as the approval of a majority of the Board of Directors of the Management Company for such purpose. Board and the Building Development Control Committee are each sometimes referred to as the “Approval Entity”.
4.3 Address of Approval Entity. The initial address of the Building Development Control Committee shall be The Management Company Building and /or address at Lekky County Homes Estate.
4.4 Submission of Plans. Before applying for any required governmental approval and commencement of work to accomplish any New Construction or proposed improvement to Property, the Plot Owner (the “Applicant”) shall submit to the proper Approval Entity at its respective office four (4) sets each of the Survey Plan, Architectural Drawings, Structural Drawing, Mechanical Drawing, Electrical Drawing, Drainage plan, Septic Tanks Drawing. The Approval Entity may require submission of additional plans, specifications, or other information before approving or disapproving the proposed construction, the Approval Entity of all required materials in connection with the proposed construction, the Approval Entity may postpone review of any materials submitted for approval.
4.5 Criteria for Approval. The proper Approval Entity shall approve any proposed improvement to Property only if it determines in its reasonable discretion that the appearance of the proposed improvement to Property will be in harmony with the surrounding areas of the Properties, including, without limitation, quality, and colour of materials and location with respect to topography and finished grade elevation; that the improvement to property will comply with the provisions of this Deed Restrictions and governmental rule, or regulation; that the improvement to property will not detract from the beauty, wholesomeness, and attractiveness of the property or the enjoyment thereof by Owners; and that the upkeep and maintenance of the proposed improvement to property will not become a burden on the management company. Each Approval Entity is specifically granted the authority to disapprove proposed Improvements because of the unique characteristics or configuration of the Plot on which the proposed improvement would otherwise be constructed, even though the same or a similar type of improvement might or would be approved for construction on another Plot. The Approval Entity might grant conditional approval of any proposed Improvement to Property upon the making of such changes thereto as the Approval Entity may deem appropriate.
4.6 Architectural Guideline. Each approval Entity from time to time may supplement or amend the Residential Design Guidelines and an Approval Entity may impose other requirements in connection with its review of any proposed improvement with this Deed Restrictions.
4.7 Decision of Approval Entity. The decision of the Approval Entity shall be made within thirty (30) days after receipt by the proper Approval Entity of all materials required by the approval entity. The decision shall be in writing and, if the decision is not to approve a proposed improvement to property, the reasons therefore shall be stated. The decision of the Approval Entity shall be promptly transmitted to the Applicant at the Applicant’s address furnished by the Applicant to the Approval Entity. The owner, however, is responsible under all circumstances to conform to the provisions of these restrictions in their entirety.
4.8 Failure of Approval Entity to Act on Plans. Any request for approval of a proposed improvement to property shall be deemed approved by the appropriate approval entity, unless disapproval or a request for additional information or material is transmitted to the applicant by the approval entity, within thirty (30) days after the date of receipt by the appropriate approval entity of all required material; provided, however, that no such deemed approval shall operate to permit any Owner to construct or maintain any improvement to property that violates any provision of this Deed Restrictions or the Residential Design Guidelines. The approval entity shall at all times retain the right to object to any improvement to property that violates any provision of this Deed Restrictions or the Residential Design Guidelines.
4.9 Prosecution of Work after Approval. After approval of any proposed New Construction or Improvement to property, the work shall be accomplished as promptly and diligently as possible and in strict conformity with the description of the proposed plans submitted to the Approval Entity and plans approved by the appropriate governmental authorities. Failure to complete work within a period of time as shall have been granted by the approval entity in writing by the approval entity (unless an extension has been granted by the approval entity in writing) or to complete the improvement to property in strict conformity with the description and materials furnished shall automatically invalidate the approval and shall require reapplication. All construction materials and debris shall be confined to the Plot and any slippage to the street shall be quickly removed.
4.10 Inspection of Work. The Approval Entity or its duly authorized representatives shall have the right, but not the obligation, to inspect any New Construction or Improvement to property at anytime during construction and the right of inspection shall terminate once the work is completed.
4.11 Notice of Non-compliance. If, as a result of inspection or otherwise, the Approval entity finds that any New Construction or improvement to property has been constructed or undertaken without obtaining the approval of the approval entity or has been completed other than in strict conformity with the plan and materials furnished by the Owner to the approval entity or has not been completed within the required time period after the date of approval by the approval entity, the approval entity shall notify the Owner in writing of the non-compliance (“Notice of Non-compliance”). The Notice of Non-compliance shall specify the particulars of the non-compliance and shall require the owner to take such action as may be necessary to remedy the non-compliance within the period of time set forth therein.
4.12 Correction of Non-compliance. If the approval entity finds that a non-compliance continues to exist after such time within which the Owner was to remedy the non-compliance as set forth in the Notice of Non-compliance, the Management Company may, at its option but with no obligation to do so, (a)record a Notice of Non-compliance against the plot on which the non-compliance exists with the Board of Directors (b) remove the non-compliance, New construction or Improvement to property; and/or (c) otherwise remedy the non-compliance and, if the Board elects to take any action with respect to such violation, the Owner shall reimburse the Management Company upon demand for all expenses incurred therewith. If such expenses are not promptly repaid by the Owner to the Management Company, the Board may charge an interest on such costs and expenses against the owner of the plot in question. The permissive (but not mandatory) right of the Management Company to remedy or remove any non-compliance (it being understood that no Owner may require the Management Company to take such action) shall be in addition to all other right that the Management Company may seek from a law court.
4.13 No Implied Waiver or Estoppel. No action or failure to act by an Approval Entity shall constitute a waiver or estoppels with respect to future action by the Approval Entity of any Improvement to Property. Specifically, the approval by the Approval Entity of any improvement to property shall not be deemed a waiver of any right or an estoppels against withholding approval or consent for any similar improvement to property or any similar proposals, plans, specifications, or other materials submitted with respect to any other improvement to property by such person or otherwise.
4.14 Power to Grant Variances. Each approval entity may authorize variances from compliance with any of the provisions of Article III and Article IV of the Deed Restrictions including restrictions upon placement of structures, the time for completion of construction of any improvement to Property, or similar restrictions, where circumstances such as topography, natural obstructions, hardship, aesthetic, environmental, or other unforeseen circumstances exist. Such variances must be granted by all members of the approval entity. If any such variance is granted, no violation of the provisions of this Deed Restrictions shall be deemed to have occurred with respect to the matter for which the variance was granted; provided however, that the granting of a variance shall not operate to waive any of the provisions of this Deed Restrictions for any purpose except as to the particular provision hereof covered by the variance, nor shall the granting of any variance affect the jurisdiction of the Approval Entity other than with respect to the subject matter of the variance, nor shall the granting of a variance affect the owner’s obligation to comply with all governmental laws and regulations affecting the plot concerned.
4.15 Compensation of Members of the Building Development Control Committee. The members of the Building Development Control Committee shall be entitled to reimbursement by the Management Company for reasonable expenses incurred by them in the performance of their duties here under as the board from time to time may authorize or approve.
4.16 Non-liability for Approval Entity Action. None of the members of the Building Development Control Committee, or the Management Company, or any of its officers or agents or member of the Board of Directors shall be liable for any loss, damage, or injury arising out of or in any way connected with the performance of the duties of any Approval Entity except to the extent caused by the wilful misconduct of the party to be held liable. In reviewing any matter, the approval entity shall not be responsible for reviewing, nor shall its approval of an improvement to property be deemed approval of the new Construction or improvement to property from the standpoint of safety, whether structural or otherwise, or conformance with town planning rules, or other governmental laws or regulations. Furthermore, none of the members of the Building Development Control Committee, members of the Board of Directors, officers or agents shall be personally liable for debts contracted for or otherwise incurred by the Management Company or for any action of another of such individuals, whether such other individual were acting on behalf of the management Company, the Building Development Control Committee, the Board of Directors or otherwise. Finally neither the management Company, the Board, the Building Development Control Committee, or their officers, agents, members, nor employees shall be liable for any incidental or consequential damage for failure to inspect New Construction, Improvements, or portion thereof, or for failure to repair or maintain the same.
4.17 Construction Period Exception. During the course of actual construction of any permitted structure or improvement to property, and provided construction is proceeding with due diligence, the Approval Entity may temporarily suspend certain provisions of this Deed Restrictions upon completion of construction or that will constitute a nuisance or unreasonable interference with the use of any other property.
Lekky County Homes Estate Management Company Limited
5.1 LEKKY COUNTY HOMES ESTATE MANAGEMENT COMPANY LIMITED has been registered as Limited Liability Company and it shall be governed by its memorandum and Articles of Association and any policies and procedures approved by the Board of Directors from time to time. The management Company by a majority vote of the Board of Directors shall have the authority to borrow money for the purpose of making capital improvements on property owned by the Management Company.
- Policies and Procedures. The Board of Directors may make and establish such policies and procedures as it may choose to govern the organisation and administration of the Management Company, provided, however, that such policies and procedures are not in conflict with the terms and provisions hereof or of the memorandum and Articles of Association of the Management Company. The General Manager of Lekky County Homes Estate Management Company shall be the secretary of the Association
- Each Owner is required at all times to provide the Management Company with proper mailing information should it differ from the property address relative to ownership. The owner is required to render notice of tenant, if any, or agency, if any, involved in the management of the said property. The Owner is required and obliged to maintain current information with the Management Company at all times.
LEKKY COUNTY HOMES ESTATE UTILITY COMPANY
- There shall be established by the Developer, Lekky County Homes Estate Utility Company as a Limited Liability Corporation (hereinafter “Utility Company”) to provide water and electricity service to the Estate at a charge to Owners and residents of the Estate.
6.2. Meters. The Utility Company shall cause meters to be installed in each building or apartments to measure the usages of water and electricity.
6.3. Charges for Service. The Utility Company shall establish rates and charges for service to be provided. Such rates and charges shall be approved by the Board and may be submitted to the Trustees for its advice prior to implementation.
6.4. Payment of Charges. Utility bills shall be promptly paid when due. The Utility
Company shall have the right to terminate services for failure to pay utility bills when due. The Utility Company may impose charges for reconnection of disrupted services, installation meters, and may adopt any other rules regarding payment of bills, notices for failure to pay utility bills, maintenance, or repair of equipments.
6.5. Prohibition. In no event shall an Owner or Occupant install any device to provide water or electricity for individual use, or subscribe to any other utility company for the provision of water or electricity within the Estate without the prior approval of the Developer and the Management Company.
LEKKY COUNTY HOMES ESTATE PROPERTY OWNERS AND RESIDENTS ASSOCIATION
7.1. Establishment: There shall be established by the Developer, an organisation to be known as Lekky County Homes Estate Property Owners and Residents Association.
7.2 Authority and Purpose: The purpose of the Association is to advise the Developer on issues relating to the management of the Estate; and to be, and have the exclusive right as the official representative of all Owners and Residents within the Estate regard, including the following:
- a) To advance and protect the interest of Owners and Residents of the Estate;
- b) To serve as a representative voice for the Estate;
- c) To further the well being of the Owners and Residents of the Estate;
- d) To assist in the settlement of any dispute arising amongst the Owners and Residents of the Estate;
- e) To gather, collect, collate, supply and disseminate information useful to the advancement of the well being of all residents of the Estate;
- f) To organize, arrange and hold meetings at such time and place to be determined by the Trustees of the Association;
- g) To make rules and regulations as it deems fit and necessary to ensure the protection of the lives and property of all Owners and Residents of the Estate;
- h) To ensure compliance of all Owners and Residents of the Estate with the rules and regulation contained in the Deed Restrictions; and
- i) To engage in community projects and in any way whatsoever to further charitable activities and works.
8.1 Owner’s Easement of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area and common facilities, if any, which shall be appurtenant to and shall pass with the title to every plot subject to the following provisions.
- a) The right of the Management Company to charge reasonable admission and other fees for the use of recreational facility situated upon the Common Area.
- b) The right of the Management Company to suspend the voting rights and right to use the recreational facilities by an owner, to suspend any other service provided by the Management Company for an Owner for any period during which any assessment against his Plot remains unpaid; and for violations of its published rules and regulations, or breach of any provisions of the deed restriction
- c) The right of the Management Company to dedicate or transfer all or any part of the Common Area, if any, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless authorised by the Board of Directors by majority vote of the Board.
- A resident who has resided in the estate for a continuous period of 10 (ten) years may be considered to be a share holder in the management company if he/she is of good conduct and has paid his/her dues to the estate and signifies his/her intention to be interested and the consideration to be paid by the interested residents shall be determined by the management company acting in conjunction with the Board of Directors.
- The Residents’ Association’s current chairman as may be elected from time to time shall be a non-executive member of the board of directors of the management company and shall represent the interest of the residents’ association In an election recognised by the management company, as representing an interest a majority number of residents in the Estate.
- The management company reserves the right to terminate before maturity the contract between it and the land/ home owners if such prospective land owners are found to be:
- Manner less an uncultured
- Person (s) of questionable character
- Cantankerous and or a non conformist
- Incapable of keeping and maintaining the ideals of the management company.
- In case of a grantee already in possession, a fundamental breach of the deed restriction can form the basis for an action for the revocation of the Governor’s Consent granted in its/his/her favour and such grantee shall only be entitled to the consideration paid in respect of the unit cost less other levies standing to its/his/her name.
- Any subsequent amendment to this deed of restriction shall be binding on all land/home owners in the Estate as if the terms included and or excluded formed part of the deed restriction ab initio. That is to say the amendment dates back to the date of sale.
- The management company shall have the power to enter into a structure and demolish same or remove the offending part in the event of the following:
- If the building or structure constructed, or in construction was done without the approval of the Building Development Control Committee/ Statutory approval.
- If the building or the structure thereon is not in conformity with the approval granted by the Building Development Control committee, such plot owners shall pay a sum as a fine for non-conformity as shall be fixed by the management company.
Annual Assessment, Special Assessment, Other Charges, and Responsibilities of the Management Company
9.1 Annual Assessment. Subject to Section 9.7 every plot owner with the exception of The Management Company shall be required to pay on or before January 1st of each year an annual maintenance fee of N150,000. 00 (One Hundred and Fifty Thousand Naira) (subject to modification) only to the Lekky County Homes Estate Management Company Limited at the Bank provided by The Management Company. This annual maintenance fee may be subject to review at The Management Company’s discretion. The Management Company shall have absolute discretion in expenditures from the Maintenance Fee Fund, so long as it devotes the Fund in good faith to matters which it determines will be beneficial to the whole of the Estate or any specific area.
9.2 Creation of Lien and Personal Obligation of Assessments. The maintenance fees shall constitute a lien on the plots and any improvements thereon, but shall subordinate to a first mortgage or first vendor’s lien placed on the plots.
The Management Company for each plot owned within the property hereby covenants, and each owner of any plot by acceptance of a deed of Assignment thereto, whether or not it shall be so expressed in such deed is deemed to covenant and agree to pay to the Management Company; (1) annual assessment or charges, and (2) special assessment for capital improvements, and (3) other charges assessed against an owner and his plot as provided in Sections 3.12, 4.12 and 9.3 of this Deed Restrictions and such assessments and charges are to be established and collected as herein provided. The annual and special assessments, as well as the other charges described in Section 3.12, 4.12 and 9.3 of this Deed Restrictions, together with interest, collection costs and reasonable attorney’s fees, shall be a charge on the plot and shall be secured by a continuing lien upon the Plot against which each such assessment is made. Every assessment and other charges, together with interest, collection costs and reasonable attorney’s fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due, and the personal obligation for delinquent assessments shall pass to subsequent Owners of the concerned Plot unless expressly assumed in writing.
9.3 Purpose of Assessments. The assessments levied by the Management Company shall be used to:
- a) Promote recreation, health, security, safety and welfare of the residents in the
- b) For improvement, maintenance and management of any Common Area and Common Facilities as well as any esplanades or landscaped area within the street rights and-of-way designated by the Board of Directors as being appropriate for maintenance by the Management Company and
- c) To enable the Management Company to fulfil its responsibilities under this Deed Restriction
9.4 Responsibilities of the Management Company. The responsibilities of the Management Company shall include, but not to be limited to:
- a) The Maintenance and repair of the Common Area and Common Facilities;
- b) Constructing and maintaining parkways, green belts, drainages, street lights, right-of-ways, easements, Common Areas, sidewalks, paths and other public areas, and the construction and operations of all street lights;
- c) Insecticide services; for the public area of the Estate
- d) Purchase and/or operating expenses of recreation areas, if any;
- e) Payment of all legal and other expenses incurred in connection with the collection and enforcement of all charges, assessments, covenants, restrictions and conditions and enforcement of all charges, assessments, covenants, restrictions and conditions established under this Deed Restrictions;
- f) Payment of all reasonable and necessary expenses in connection with the collection and administration of the maintenance charges and assessments;
- g) Employing policemen and watchmen, and/or security service, if desired;
- h) Caring for vacant Plots;
- i) Doing any other things necessary or desirable in the opinion of the Board of Directors to keep the Plots neat and in good order or which is considered of general benefit to the Owners or occupants of the Plots; and each Allottee and Plot Owners shall pay N26, 000. 00 (subject to modification) for waste disposal bin .
- j) Obtaining liability, workers compensation, property, Director and Officer Liability insurance in the amount deemed proper by the Board of Directors.
9.5 Expenditure of Assessments. It is understood that the judgement of the Board of Directors in the expenditure of funds raised through assessments shall be final and conclusive.
9.6 Commencement of Assessments. All plots in the property shall commence to bear their applicable maintenance fund assessment as from the period determined as the starting date by the management company. Plots which are or at times occupied, shall be subject to the annual assessment determined by the Board of Directors according to the provisions of sections 9.1 and 9.7. The applicable assessment for each plot shall be prorated for each calendar year according to the rate applicable for each type of ownership of the plot during that calendar year. All plots must be developed within a period of five(5) years from the date of initial purchase (especially in the cases of transfer). Failure to develop within 5 years will result in the plot owner paying a fine calculated at 30% Capital gains of current value of property for every defaulting year.
9.7 Power of Board of Directors to Fix/Review Annual Assessment. The Board of Directors shall fix the amount of the ensuing year’s annual assessment and the annual assessment for each subsequent calendar year at least thirty (30) days in advance of the annual assessment period, which shall begin on the first day of January of each year. The assessment shall be fixed on the basis of the Board of Directors’ best estimate of the cost of the services required to be provided by the Management Company in the Property and costs to be incurred by the Management Company pursuant to this Deed Restrictions and any governmental rules and regulations for the relevant year.
After ninety percent of the plots on the property have been developed and occupied, the assessment amount shall be presented to the Shareholders during the Annual General Meeting for approval. Written notice of the annual assessment shall be sent to every owner subject thereto at the address of each plot or at such other address provided to the Management Company in writing. Maintenance fees are due on January 1 of each year and considered delinquent if not received by January 31 of that year. If for any reason the Board of Directors fail to fix the annual assessment for any year by December 2 of the proceeding year, it shall be deemed that the annual assessment for such year will be the same as that established for the proceeding year, and such annual assessment shall continue unchanged from year to year until the Board of Directors establish a new annual assessment with the provisions hereof.
9.8 Special Assessment for Capital Improvement. In addition to the annual assessments authorized above, the Board of Directors may levy, in any assessment applicable to the current year only for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair or replacement upon the Common Area, including fixtures and personal property related thereto, provided any such assessment shall have the approval of majority of the votes of the Shareholders. The voting process for this action may be handled during the Annual General Meeting or Special General Meeting or handled by mails as long as the ballot paper contains the name, property address, and certification by the secretary of the Management Company, alternate address of the member, if applicable, and the date and signature of the member. Ballots may be returned by a courier mail in envelopes specifically marked as containing ballots for the special voting or may be collected by door to door canvas. If voting is handled through mail or collected by door to door canvas, the President and Secretary of the Management Company shall certify before a justice of Peace or appropriate court among other items that may be appropriate, the total number of votes, the number of votes “for” and “against” the levy, the quorum required, the amount of special levy authorized, and the date by which the special levy must be paid in order to avoid being delinquent. Notarized copy of the voting results shall be mailed to all the Shareholders.
9.9 Effect of non-payment of Assessments. Any assessment, annual or special or other charges assessed in accordance with Sections 3.12 and 4.12 not paid within (31) days after its due date shall bear interest from the due date at a rate of fifteen percent (15%) per annum or rate that may be determined from time to time by the Board on the unpaid balance. The management Company shall have the right to withdraw any services being rendered by it to a Plot owner until all charges and assessments including interest and any associated fees provided for under this Deed Restrictions are paid in full, interest, costs and reasonable attorney’s fees incurred in any such action shall be added to the amount of such assessment or charge. No sale or transfer shall relieve such Plot or the owner thereof from liability for any charges or assessment thereafter becoming due from the lien thereof. In the event of sale or transfer of the property, the Management Company shall be entitled to refuse to provide any services to the new Owner or restore any services which had been previously withdrawn from the Plot until all accumulated assessments; charges, interest and any associated fees allowed under this Deed Restrictions have been paid in full. The Management Company shall be entitled to bring an action in any law court within jurisdiction over the Plot against the Owner and/or any new owner to recover any outstanding assessments, charges and associated fees.
Term, Right of Access and Entry, Enforcement, and Amendment
10.1 Right of Entry and Access. The Management Company, its representatives or assigns shall have the right to enter and go upon any owner’s Property at reasonable times and with reasonable notice for purposes of inspection of the property to ensure compliance with the Deed Restrictions.
10.2 Enforcement. In the event of a breach of the restrictions by the Owner, or a third party working with the permission of or under the direction of the Owner, The Management Company must be notified immediately. If The Management Company becomes aware of a breach of this Deed Restrictions, The Management Company will notify the Owner of the breach. The Owner shall have thirty (30) days after receipt of such notice to undertake actions that are reasonably calculated to swiftly correct the conditions constituting the breach. If the Owner corrects the conditions constituting the breach in a timely and reasonable manner, no further action is warranted or authorized. If the Owner fails to initiate such corrective action within thirty (30) days or fails to complete the necessary corrective action, The Management Company may undertake such actions, including legal proceedings, as are necessary to effect such corrective action. Notification will be deemed to have been given upon confirmation by a courier service or any officer of the Management Company that the notice has been delivered to the Owner’s mailing address in the Management Company’s record. Any forbearance on the part of The Management Company to exercise its rights in the event of a breach of the restrictions shall not be deemed or construed to be a waiver of their rights hereunder in the event of any subsequent failure of the Property owner to comply. No other person shall obtain any rights hereunder, including without limitation any plot owner in the Estate. Invalidation of any restriction or covenant by judgment or court order shall in no way affect any other provision, each of which
shall remain in full force and effect. The Management Company, any Owner, and their respective successors and assigns, shall have the right to enforce by a proceeding at law or in equity all easements, restriction, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Deed Restrictions and in connection therewith, shall be entitled to recover all reasonable collection costs and attorney’s fees. Failure by the Management Company or by any other person entitled to enforce any covenant or restriction herein shall in no event be deemed a waiver of the right to do so thereafter. It is hereby stipulated, the failure or refusal of any Owner or any occupant of a plot to comply with the terms and provisions hereof would result in irreparable harm to other Owners, and to the Management Company, Thus, the covenants, conditions, restrictions and provisions of this Deed Restrictions may not only be enforced by an action for damages at law, but also may be enforced by injunctive or other equitable relief (i.e., restraining orders and/or injunctions) by any court of competent jurisdiction. Any exercise of discretionary authority by the Management Company concerning a covenant created by this Deed Restrictions is presumed reasonable unless the court determines by a preponderance of the evidence the exercise of discretionary authority was arbitrary, capricious or inconsistent with the scheme of the development (i.e., the architectural approval or disapproval for similar renovations relative to a given location within the Property). The Management Company on its own behalf or through the efforts of its legal agents may initiate, defend or intervene in litigation or any administrative proceeding affecting the enforcement of a covenant created by this instrument or for the protection, preservation or operation of the Property covered by this Deed Restrictions.
10.3 Insurance. All property that share party walls (Semi-Detached and Terrace buildings) must be insured, as this will take care of matters arising from the doctrine of Force Majeuer. The Estate Management Company shall pay the insurance company of their choice and later recover the sum disbursed to such insurance from the individual house owners.
10.4 Amendment. The Management Company may amend any provision in this Deed Restrictions and Covenants so long as in its good faith judgment either the whole or part of the Estate will be benefited by such amendment, or if in its good faith judgment the continued development of the Whole or part of the Estate is hindered or made less economic in any way by any provision hereof; provided, however, that this right of amendment shall be exercised only if ninety percent of the shareholders in Lekky County Homes Estate Management Company Limited voted in favour of any such amendments.
10.5 Any judgment, discretion, decision or other matter determined hereunder by The Management Company shall be binding on all parties and any interpretation hereof made by the Management Company shall likewise be binding on all parties; and in each case no party shall have any remedy against the Management Company except to require specific performance of its duties and/or to obtain a declaratory judgment. In no case shall damages be claimed, shown or obtained against The Management Company with respect to any matter related hereto
IN WITNESS WHEREOF THE MANAGEMENT COMPANY LEKKY COUNTY HOMES ESTATE MANAGEMENT COMPANY AND THE OWNER HERETO HAVE SET THIER HANDS AND SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN
SIGNED, SEALED AND DELIVERED
By the within named owner
I…………………………………………………………………………………….…. of…………………………………………………………………………………………………………………………………………………………………………………have read and understood the above mentioned deed restrictions and agrees to abide by these restrictions at all times.
In the presence of:
Name of Witness: …………………………………………………………………………………………………………
THE COMMON SEAL OF THE MANAGEMENT COMPANY WAS AFFIXED (LEKKY COUNTY HOMES ESTATE MANAGEMENT COMPANY LIMITED) IN THE PRESENCE OF