Buckingham Greene Maintenance Corporation

Proposed Deed Restriction Modifications

1. Proposal to amend Article I, Section 1 of the Restrictions so that it shall read, in its entirety, as follows:

Section 1. Private Residences. Each lot in the Property shall be used for private residential purposes only and no buildings of any kind, except private dwelling units shall be erected or maintained on any lot. Notwithstanding the foregoing, outbuildings, such as storage sheds, shall be permitted provided there are no more than one per lot, are of high quality craftsmanship, are no more than nine (9) feet in height measured from the bottom of its base, and have a floor area no greater than eighty (80) square feet. Any base for an outbuilding (e.g. a concrete slab) shall not be more than one (1) foot in height above grade at any point. All outbuildings shall be constructed in a manner that is consistent with the dwelling house on such lot so that siding and roofing materials are substantially similar in nature. Outbuildings must be placed behind the dwelling house on the lot in question and located within the boundaries of the outer-most exterior walls of the dwelling. In addition, no tools, materials or other personal property shall be hung or maintained on or about the exterior of an outbuilding or otherwise stored or leaned against any outbuilding including, without limitation, ladders, wheel barrels, tires or other car parts, landscaping or gardening materials, pots and buckets. No outbuildings shall be erected or maintained upon any lot until the required approvals have been obtained in accordance with Section 17, herein and unless they are in full compliance with all applicable governmental laws, ordinances and regulations.
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2. Proposal to amend Article I, Section 3 of the Restrictions so that it shall read, in its entirety, as follows:

Section 3. Animals and Pets. No animals or any kind other than usual household pets shall be kept or maintained on any part or portion of the lots, and no horses, cows, goats, hogs, poultry, pigeons, or similar animals shall be kept or maintained on any part or portion of the lots. All household domestic pets must at all time be leashed or otherwise in the control of their owners, and their owners shall be responsible for cleaning up animal excrement when walking any such pet within the community. In addition, pet owners shall be obligated to pay for any personal injury, medical expenses or property damage resulting from any trespass by pets or pet owners on the property of any other lot owner or any common open space in Buckingham Greene in accordance with the laws and ordinances of New Castle County and the State of Delaware. Breeding of domestic animals of any kind on any part or portion of any lot or lots or in any building or structure thereon, is expressly prohibited. Outbuildings, such as dog houses, rabbit hutches and similar structures shall be constructed of wood, or high quality craftsmanship, be no more than four (4) feet in height, and have a floor area no greater than of twelve (12) square feet. In any event, no such outbuildings shall be erected or maintained upon any lot until the required approvals have been obtained in accordance with Section 17, herein.
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3. Proposal to amend Article I, Section 5 of the Restrictions so that it shall read, in its entirety, as follows:

Section 5. Television and Radio Antennae, Satellite Dishes and Exterior Mechanical Devises, Etc. No television antennas, radio antennas, satellite dishes, television or radio receiving or transmitting devices, solar energy panels or any other exterior mechanical devices shall be installed, constructed, placed or maintained on any lot, except that the same may be installed, constructed, placed and/or maintained on any lot, except that the same may be installed, constructed, placed and/or maintained if it is confined within the interior of the dwelling unit. Notwithstanding the foregoing, video antennas, including direct-to-home satellite dishes that are less than one meter (39.37") in diameter shall be permitted on the exterior of a dwelling unit; provided, however: (i) any such devices shall be placed towards the rear of the dwelling unit where it is less likely to be readily visible from the public streets within Buckingham Greene; and (ii) all such satellite dish placements are approved in accordance with the provisions of Section 17, herein. This section shall at all times be construed in a manner consistent with Section 207 of the Federal Telecommunications Act of 1996 as same may be amended from time to time.

Exterior holiday lights an/or ornaments shall be permitted, provided that such lights and/or ornaments are installed no sooner than 45 days prior to the start of the observed holiday, and are removed no later than 45 days after the end of the holiday.
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4. Proposal to amend Article I, Section 9 of the Restrictions so that it shall read, in its entirety, as follows:

Section 9. Fences. No enclosing or non-enclosing fence or barrier (hereinafter, a “fence”) shall be erected on any lot closer to the front street line than the rear-most wall of the principal building on said lot. No fences shall be of a height of more than six (6) feet, and all such fences shall be constructed of wood, PVC or vinyl. Post and rail fences with wire mesh liners shall be permitted. Fences constructed of PVC or vinyl shall be white in color, similar in color as to the primary exterior color of the dwelling unit on such lot, or wood-like in color. Should a proposed fence be designed such that there is a “finished” side and a rough or “unfinished” side, the finished side shall face the exterior of the enclosed area so as to present the most desirable possible appearance to neighboring properties. No such fences shall be constructed or maintained upon any lot until the plans for same have been submitted to and approved in accordance with the provisions of Section 17, herein.
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5. Proposal to amend Article I, Section 17 of the Restrictions so that it shall read, in its entirety, as follows:

Section 17. Review of Plans. Notwithstanding anything contained herein to the contrary, no outbuildings, buildings, storage sheds, structures of any kind, whether temporary or permanent, swimming pools, fences or other construction or improvements shall be constructed, erected, placed or maintained on any lot, nor shall any exterior addition to an existing structure, or modification or alteration thereof, including but not limited to exterior facade, color change and/or change in grade or drainage patterns, be made until the plans and specifications, with all architectural or engineering information necessary to show the nature, kind, shape, dimensions, color, height, materials and proposed location of same (the “Plans”), shall have been submitted to and approved in writing by the BGMC and BGMC hereby acknowledges and accepts responsibility for passing upon all Plans submitted hereunder. Notwithstanding the foregoing, approval by BGMC shall not be required to change the color of a garage door to white, or to another color that is substantially similar to the primary exterior color of the dwelling to which it is attached; provided further, that lot owners need not secure advance approval from BGMC to change the color of the front door of their dwelling if the new color is of a single tone.

BGMC, its successors or assigns, in connection with the review of Plans, shall have the right and authority to approve, approve with conditions, or disapprove any such matters which in its sole opinion are not suitable or desirable to the community as a whole. In passing upon such plans and specifications, BGMC, or its successors or assigns shall consider the following factors:

A. The quality, aesthetic suitability, nature, kind, shape and location of the proposed building, structure, modification or improvement;

B. The color, height and materials of which it is to be constructed;

C. The specific location and site upon which it is proposed to be constructed, erected or maintained;

D. The harmony of the proposed change, alteration, addition, building or structure with neighboring properties and the outlook and view from public streets and neighboring properties; and

E. The effect on the reasonable passage of light and air to neighboring properties.

For purposes of this Declaration BGMC shall have the sole and exclusive right to determine when lot lines and/or street lines shall be considered “front” or “side” lines. BGMC may also, in its discretion, adopt rules, procedures and guidelines to be utilized in evaluating Plans in an efficient and consistent manner.
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6. Proposal to amend Article III of the Restrictions so that it shall read, in its entirety, as follows:

ARTICLE III. Enforcement. Action of enforcement may be brought by BGMC, its successors and assigns, or any owner of any land which is the subject of this Declaration. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any persons or entities violating or attempting to violate any covenant or restriction contained herein, either to restrain a violation and/or to recover damages for same. The failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter or a waiver to enforce the other restrictions contained herein. In the event BGMC incurs any expenses, including expert witness fees and attorneys’ fees, in connection with its efforts to enforce the terms hereof, the lot owner or other party in violation of these covenants and restrictions shall also be obligated to reimburse BGMC for all such expenses. BGMC reserves the right to assign its power to modify or enforce these covenants and restrictions by an appropriate instrument in writing, recorded in the Office of the Recorder of Deeds, in and for New Castle County, State of Delaware. Under no circumstances shall BGMC be liable to any party for the failure to enforce any of the covenants or restrictions contained herein.