AMENDED AND RESTATED DECLARATION OF COVENANTS, EASEMENTS,

RESTRICTIONS AND ASSESSMENT LIENS

_________________________

-------------------------------------

CERTIFICATE OF AUDITOR

__________________, 20___

Receipt is hereby acknowledged of a copy of the Amended and Restated Declaration and
Bylaws of the above-named Condominium.

____________________________
Auditor

This instrument prepared by:

Robin L. Strohm, Esq.

Williams & Strohm, LLC
2 Mirvanova Place, Suite 380
Columbus, Ohio 43215-7047
 AMENDED AND RESTATED DECLARATION OF COVENANTS,
EASEMENTS, RESTRICTIONS AND ASSESSMENT LIENS
This Amended and Restated Declaration of Covenants, Easements, Restrictions, and
Assessment Liens of Canongate Section 1 is made this______ day of _______, 2016.

Recitals

Canongate Section 1 is a subdivision created pursuant to the filing of a Declaration of

Covenants, Easements, Restrictions, and Assessment Liens recorded on September 15,
1980, in O.R. Vol. 00145, Page B-17, and delineated upon the recorded Plat thereof, in
Plat Book 57, Pages 70-71, Franklin County Records.

Whereas, the original Declaration of Covenants, Easements, Restrictions, and

Assessment Liens is in need of revision and restatement because of changes in Ohio law
and by virtue of practices which have taken place within the community association
industry. This Amended and Restated Declaration of Covenants, Easements, Restrictions,
and Assessment Liens is hereby promulgated by two-thirds (2/3) of the members of the
Association pursuant the Declaration now in effect.

Whereas, this Amended and Restated Declaration affects only the administrative and
operational provisions of Canongate Section 1 and therefore does not affect the drawings
as already recorded. It replaces in full the original Declaration of September 15, 1980,
but does not affect the drawings or plat plan in any way, nor does this Amended and
Restated Declaration change the descriptions or a dwelling or party walls, common
element descriptions, or percentage interests of the Lot Owners.

Pursuant to Section 11(e) Amendment., of the Declaration of September 15, 1980, the
undersigned officers hereby certify that the following amendment has been promulgated
according to the Section 11(e) and that 2/3 of all Lot Owners have affirmatively voted
their consent to the following Amended and Restated Declaration.

Background

Canongate Section 1 is a subdivision with each parcel separated by a party wall built on
lines constructed between Lots. Canongate Section 1 is situated in the City of Columbus,
Franklin County, Ohio: being Lots numbered 1 through 56 of Canongate Section 1 and recorded
as previously described.
Each of these parcels of real estate is referred to herein as a “Lot” and collectively they are
referred to herein as “The Lots”. The term “Lot Owner” shall include each owner of a fee simple
interest in a Lot. There are nine buildings constructed in Section 1, and each shall be referred to
herein as a “Building”, and collectively as the “Buildings”. Each residential building is
comprised of four to eight individual dwellings, separated by party walls constructed on lines
between Lots.

Some Lot owners have one half of a two car detached garage constructed on that Owner’s
Lot separated by a party wall built on the line between Lots from the other half of the garage
constructed on a contiguous Lot. Each of these two car structures is referred to herein as a
“Garage” and collectively as “The Garages”.

The following is a plan of restrictions, easements and covenants with respect to the Lots
to protect the interests of the public and each Lot Owner and their respective heirs, successors
and assigns.

Covenants, Easements, Restrictions, and Assessment Lien

The Lots shall be held, sold, conveyed and occupied subject to the following covenants,
easements and restrictions, which are for the purpose of protecting the values and desirability of,
and which shall run with the Lots, and each part thereof, and be binding on all parties having any
right, title or interest in the Lots, and each part thereof and their respective heirs, successors and
assigns, and shall inure to the benefit of and be enforceable by Declarant, the City of Columbus,
each Lot owner, and the Canongate Section 1 Association.

Party Walls – General rules of Law to Apply. Each wall built as part of the original
construction of the buildings and garages on the Lots and placed on the dividing line between the
Lots, and any wall replacing the same, shall constitute a party wall, and, to the extent not
inconsistent with the provisions of this item, the general rules of Ohio Law regarding party walls
and liability for damage due to negligent or willful acts or omissions shall apply thereto.

Sharing of Repair and Maintenance – The cost of repair and maintenance of a party
wall shall be borne equally by the Lot owners of the two Lots which share such party wall.
Notwithstanding the foregoing, to the extend the need for repair or maintenance is caused by or
results from acts or failure to act of a Lot owner, or residents or invitees of only one Lot owner
whether or not there was negligence or a willful act, the Lot owner of that Lot shall be solely
responsible for the cost of such repair and maintenance. Lot owners who share continuous
fencing shall share the cost of repairs or replacement of such fencing caused from normal wear
for such joined fences unless such damage was caused by the Lot owner or their guest(s).

Construction and Repair – In all construction and repair work, due precaution and care
shall be taken not to damage the property of the other Lot owners.

Destruction by Fire or Other Casualty – If a party wall is destroyed or damaged by fire

or other casualty, then unless the Lot owners in the building decide in the manner provided
below, not to repair the structure, then the party wall shall be repaired or replaced and the owners
of the two Lots which share such party wall shall contribute equally to the cost of restoration
thereof, without prejudice, however, to the right of one of the Lot owners to call for a larger
contribution from the other Lot owners under the terms hereof or any rule of law regarding
liability for negligent or willful acts or omissions, or to the right of the party or parties restoring
the same to reimbursement from insurance.

Right to Contribution Runs With Land – The right of a Lot owner to contribution from
another Lot owner under this item shall be appurtenant to the land and shall pass to such Lot
owner’s successors in title.

Maintenance and Repair – Each Lot owner will keep that Lot owner’s Lot and exterior
of the improvements thereon in a good state of repair and maintenance, will maintain the lawn,
the driveway, and surrounding areas on that owner’s Lot in neat and clean condition, keep the
grass cut, and keep the Lot free of trash, rubbish and items that would detract from the
appearance of the Lots as a whole. If any Lot owner believes that another Lot owner is not
maintaining and repairing that owner’s Lot, and the improvements thereon, in accordance with
the foregoing standards, the complaining Lot owner may submit the complaint to the Association
for arbitration. The decision of the Association as to whether or not the demanded repair or
maintenance shall be performed shall be binding and final.

Insurance – Each Lot owner shall obtain and at all times maintain insurance for the
improvements on that owner’s Lot against loss or damage by fire, lighting and such other
hazards as are ordinarily insured against in fire and extended coverage’s policies issued on
residential dwellings in the central Ohio region in amounts at all times sufficient to prevent the
Lot owner from becoming a co-insurer under the terms of any applicable co-insurance clause or
provision, and not less than the actual replacement cost of such structure, exclusive of the cost of
foundations, footings and excavations, as determined from time to time by the insurer. This
insurance shall be obtained from an insurance company authorized to write insurance in the state
of Ohio with a financial rating of Class VI or better, or if Class V, has a general policy holder’s
rating of at least A. This insurance shall be written so as to designate the other Lot owners in the
building and their mortgagee’s as co-insurers, as their interests may appear.

Unless otherwise determined by the Board, this insurance shall contain a waiver of
subrogation of the rights by the carrier as to the Association, its officers and trustees, and all Lot
owners and shall provide that the other Lot owners in the building shall receive no less than
thirty (30) days written notice prior to cancellation, and the opportunity to cure defaults and to
pay premiums. Nothing contained herein shall prohibit the Lot owners in a building from
obtaining a single policy on the entire building, with standard loss payable endorsements to their
respective first mortgagees, if all of the Lot owners in that building so agree.

Damage or Destruction – In the event the improvements on a Lot shall suffer damage or
destruction, the insurance proceeds payable by reason thereof, subject to the prior rights of any
first mortgagee, shall be utilized to pay the cost of repair, restoration, or reconstruction, and, if
the proceeds available from such insurance are insufficient to pay such cost, the repair,
restoration, or reconstruction shall be made, in any event, and the deficiency paid by the Lot
owner of the Lot on which such improvements were damaged or destroyed. Should such Lot
owner fail to pay or make repair after a reasonable notice, the majority of the other Lot owners in
that building may undertake the same, and the cost thereof, together with interest at the highest
rate then permitted by law, shall forthwith be due and owing by the Lot owner failing to
undertake such work or pay the cost thereof.

In the event that all of the dwellings in a building suffer total destruction, then upon the
approval of not less than three Lot owners in a building located on four Lots, or not less than five
owners in a building located on six Lots, or not less than six owners in a building located on
eight Lots, the Lot owners in that building may elect not to repair the same, in which event the
Lots upon which such destroyed building is located shall be sold as a single parcel, and the
proceeds divided equally among such Lot owners, and their first mortgagees, as their interests
may appear.

Sale or Rental of Property – Each Lot owner is required to notify the secretary in
writing of the sale or rental of their Lot in order to keep accurate records and to ensure the new
owners and or occupants receive a current information packet.

Architectural Control – No building, fence, or wall or other structure shall be

commenced, erected or maintained upon the Lots, other than originally constructed, nor shall any
exterior addition to or change or alteration therein be made until the written plans and
specifications showing the nature, kind, shape, height, materials and location have been approved
in writing by the Association, which approval shall depend on the harmony of external design
and location in relation to surrounding structures and topography.
Any homeowner wishing to make improvements on the exterior of their unit must submit
the changes in writing with the design, dimensions, list of materials and color choices of such
changes to board of directors for approval with two signatures from the board. A copy of the
signed approval form will be returned to the Lot owner.

Uses – No Lot shall be used other than for residential purposes. In addition:
A) No saloon or other place for the manufacture or sale of spirituous liquors, whether
malt, vinous or distilled shall be maintained on any Lot.
B) No illegal drugs or drug paraphernalia of any kind shall be held, used, or distributed
in any manner, on any Lot.
C) No noxious or offensive activity shall be carried on upon any Lot, nor may any Lot be
used in any way or for purpose which may endanger the health or unreasonably
disturb the occupants of the dwelling on the other Lots.
D) No business activities of any kind whatsoever shall be conducted on the Lot,
provided, however, the foregoing shall not apply to the business activities or the
construction and maintenance of buildings. Professional and quasi professional
occupants may use a dwelling as an auxiliary or secondary office to one already
established elsewhere so long as employees, guests, and invitees do not enter
Canongate Section 1 for such business purposes. An occupant may maintain personal
or professional records, telephone calls, and correspondence in or from a dwelling
while engaging in a use expressly declared incidental to residential use and is not in
violation of these restrictions. A personal library may also be permitted under this
provision.
E) No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot,
except dogs, cats or other household pets approved by the board in writing, provided
they are not kept for any commercial purposes or breeding, and are limited in number
as determined by the board from time to time so as not to cause a nuisance or
disturbance to others. All Lot owners are required to abide by the leash laws and
animal control laws and the Association’s rules and regulations regarding pets, and in
accordance with any ordinances as set forth by the County and State of Ohio. The
Board has the authority to make rules and regulations about animals and pets which
may change from time to time at the Board’s discretion. The Board has the right to
terminate a Lot owner’s right to maintain an animal/pet on the Lot if the Board
determines the animal/pet is a nuisance to others in the community or is a danger to
the health and safety of other residents and/or the residents’ pets in the community.
F) No boat, truck with more than four wheels, trailer, camper, concession stand or
trailer, inoperative vehicle, off road, or mud vehicle or similar vehicle shall be stored,
temporarily or permanently on any Lot or parking pad, unless the same is stored
within the garage of that Lot.
G) Parking pads are for residents and visitors use, no vehicle may be stored, or worked
on, in the parking pads and are subject to tow per the posted signs and rules adopted
by the board. Vehicles must be parked in a manner as to not block or impair another
vehicles access on the parking pads. Vehicles are not permitted to back into a parking
space and must be parked “head in” within the parking space.
H) No structure of a temporary character, basement, tent, shack, garage, trailer, barn or
other outbuilding shall be maintained on any portion of a Lot at any time either
temporarily or permanently.
I) No unit shall be used for any purpose other than a dwelling place for a single family
and for purposes necessarily incidental thereto. Notwithstanding any other provision
of this Declaration or the Code of Regulations, and only as excepted as set forth
herein, each Lot shall be occupied by the owner of that Lot, and no leasehold interest,
unrecorded land contract interest, or general tenancies in others may exist in the Lots
within Canongate Section 1. This provision shall become effective on the day when
this amendment containing this provision is filed with the County Recorder; provided
that such amendment shall not effect the existing term of any lease then in effect nor
any Lot then under lease at the time of recording. If any Lot under lease at the time
of recording is sold, conveyed, or transferred in any manner, then that Lot shall lose
its status as a rental unit and be subject to these leasing restrictions.

The Association shall have the power to promulgate rules and regulations to
interpret and administer this provision, including the power and authority to make
exceptions for unique family or ownership circumstances and/or for hardship, it being the
purpose of this provision to maintain the character of Canongate Section 1 as primarily a
housing community for owner-occupants. This provision shall not restrict the right of an
institutional first mortgagee, insurer or guarantor which takes title to a Unit by deed in
lieu of foreclosure, or as a purchaser at a foreclosure sale to rent the Lot so acquired.

Further, to the extent that leases are permitted hereunder, no lease may be of less
than an entire unit and the lease term shall be for no less than one year. No Lots shall be
 subleased for any reason. A copy of the lease shall be provided to the Board after the
lease has been signed by both the Lot Owner and the tenants, but prior to the
commencement of any lease term. Any lease agreement shall be in writing, shall provide
that the lease shall be subject in all respects to the provisions hereof, and to the rules and
regulations promulgated from time to time by the Board, and shall provide that the failure
by the tenant to comply with the terms hereof and of the Declaration, Code of
Regulations, and Rules and Regulations of Canongate Section 1 shall be a default under
the lease. It shall be the Lot Owner’s responsibility to ensure that the tenants have a copy
of the Rules and Regulations of the association and a copy of the Declaration and Bylaws
prior to occupying the dwelling on a Lot. Prior to the commencement of the term of a
lease the Lot Owner shall notify the Board, in writing, the name or names of the tenant or
tenants and time during which the lease term shall be in effect. Within thirty (30) days
from the date the tenants take possession of the Lot, the Lot Owner shall provide the
Board with the home and business mailing addresses of the Lot Owner and tenants, and
the home and business telephone numbers of the Lot Owner and tenants and if a
management company is involved, the mailing address and phone number for the
company managing the Lot and dwelling.

No unit or part thereof shall be rented or used for transient or hotel purposes, which is
defined as: (i) rental for any period less than thirty (30) days; (ii) rental under which
occupants are provided customary hotel services such as room service for food and
beverages, maid service, the furnishing of laundry and linen, busboy service, and similar
services; or (iii) rental to roomers or boarders, that is, rental to one or more persons of a
portion of a unit only.

J) The common areas are for use by all Lot owners within the community. No private
parties are to be conducted on the common areas without prior written approval from
the Board of Directors.
K) Drones of any size or type, including commercial drones used by commercially
licensed users, are prohibited from flying within any Lot or within any portion of the
common areas of the community.

Building Construction Exterior Appearance –

Only one single family attached dwelling may be erected or maintained on any Lot. No
structure, other than a dwelling, half of a garage, patio and fence shall be permitted except with
consent of the Association. Any building(s) erected upon the Lot(s) shall be of new construction
and no building(s) shall be moved from another location onto a Lot(s).

A) No building shall be constructed more than two stories above grade.

B) Original outside lighting attached to each Lot owner’s house may be replaced with a gold
or brass colored coach style light fixture (or other color approved by the Board).
Replacement windows can be installed at the owners cost and discretion provided they
are trimmed in the same color as the exterior trim of the dwelling.
C) All renters of a Lot must obtain written permission from the owner before any
improvements by the renter on the structure can be made and must follow the approval
process of the Association.
 D) A satellite dish no larger than 39.37 inches in diameter may be installed on each Lot with
approval of the location by the Association prior to the installation.
E) No sign of any kind shall be erected or maintained on any Lot, except one sign of not
more than nine (9) square feet advertising the Lot for rent or sale. No signs are to be
placed in windows, doors, or attached to the dwelling, and such signs, if any, must be
approved by the Association.
F) All clothes lines, equipment, garbage cans, service yards, woodpiles, and any other items
stored outside, shall be kept screened by adequate planting or fencing so as to conceal
them from view of the other Lot owners and public. All rubbish and debris shall be
regularly removed from each Lot and not allowed to accumulate in order to maintain the
health and safety of all residents.
G) No fence shall be erected without the written approval of the Association. No wire
fencing is permitted. All fences must be stained and the color of stain must be approved
by the Board of Directors in writing. Any fence erected for screening purposes shall be
maintained at no more than 72 inches above ground level. No fence or other obstruction
may be permitted between driveways that are situated between contiguous Lots. In
addition, no fence, wall, shrub, or hedge planting, which obstructs the sight lines at
elevations between two and six feet are permitted.

Easement For Encroachments – Each Lot shall be subject to an easement for

encroachments created by construction, settling, and overhangs as designed or constructed by the
Developer.

Easements For Utilities and Service – There is hereby created upon, across, over and
under each Lot easements for ingress, egress, installation, replacing, repairing, and maintaining
all utilizes, including but not limited to water, sewers, gas, telephones, electricity, and a master
television antenna or cable system. An easement is further granted to all police, fire, ambulance,
mail and delivery person and all similar persons to enter upon the drives and walkways in the
performance of their duties. Should any utility furnishing a service covered by the general
easement herein provided request a specific easement by separate recordable document, each Lot
owner by acceptance of a deed to a Lot agrees to execute such document.

Open Space –The Association is the owner of reserves A, B, C, D, and E of Canongate

Section I Subdivision. The open spaces are designed to provide open areas for the benefit of the
Lot owners, in addition, a scenic easement has been granted by the plat of Canongate Section I to
the City of Columbus over a portion of these open areas. Use of the portions of the open space
upon which the scenic easement has been granted will be subject to the rights granted thereunder.
No resident at any time shall be allowed to erect fencing on the common ground that restricts
access to such open spaces. The Association shall have the power to borrow funds, pledge assets
and such securities as needed to obtain secured financing if necessary, maintain reserves, enter
into contracts, convey the open space to the City of Columbus for parks purposes, and take such
other actions as the Trustees deem appropriate in dealing with the open space.

Establishment of Assessment – For the purpose of providing funds for maintenance and
improvement of the open space and other expenses and cost incurred by the Association, the
Board of Directors shall, prior to January 1 of each year, determine an estimated budget for the
following calendar year. The annual assessment for each Lot owner will be equal and payable in
advance or by such due date set by the board of directors. The annual assessment may be
increased each year by 10% of the previous year assessments and may be increased in excess of
that 10% only by the affirmative vote of no less than two-thirds of the owners of Lots voting in
person or by proxy at a meeting called for this purpose.

Establishment of Lien – If any Lot owner fails to pay that Lot owner’s share of
assessments, including late fees, interest, enforcement assessments, court costs and attorneys
fees, the Association shall be entitled to a valid lien for the unpaid portion of that year’s
assessment. The Association may obtain judgment against a delinquent Lot owner and enforce
the same by foreclosure or by any other remedy available under the law. The lien shall be
deemed subject and subordinate to any first mortgage lien filed prior to the certification of the
Association’s lien to the Franklin County Recorder, or prior to the date that the Association
obtains a certificate of judgment against a defaulting owner, whichever is the first to occur.

Any unpaid assessment, late fees, interest, and costs, including attorney fees, shall be the joint
and several personal obligations of the Lot owner(s) that owned the Lot at the time the
assessment or other charges fell due. The obligation for payment of delinquent assessments,
interest, late fees, enforcement assessments, and costs, including attorney fees, will not be the
personal obligation of the Lot owner that took title to the Lot unless the new Lot owner assumes
such personal obligation. Nothing in this provision will be interpreted to interfere with the
association’s right to place a lien against the Lot and to foreclose on any lien for nonpayment of
assessments, interest, late charges, and costs, and that lien will continue unaffected until the
entire past due balance owed is paid in full to association.

GENERAL PROVISIONS

It is the responsibility of each Lot owner to maintain the Lot and dwelling and other
property in accordance with the rules and regulations as set forth. Failure to do so may result in
an enforcement assessment, special assessment, and legal action to enforce the rules and
regulations, covenants, and obligations contained herein. Each and every obligation of a Lot
owner hereunder shall be the joint and several obligation of each owner of a fee-simple interest
in that Lot, and any demand, notice, or other communication or action given or taken hereunder
or pursuant hereto or by one of such joint owners, shall be deemed given, taken, or received by
all such joint owners. Invalidation of any one of these covenants or restrictions by judgment or
court order shall in no way affect any other provisions which shall remain in full force and effect.

Special Assessment Lien – Upon failure of a Lot Owner to comply with such covenants,
requirements, and obligations, the Association, in addition to any other enforcement rights it may
have hereunder or in the Code of Regulations or within State or Federal law, may, upon action
by the Board of Directors, take any action deemed necessary to cause compliance with the Lot
owner, including without limitation, repair, maintenance, replacement and reconstruction
activities; the obtaining of insurance required to be maintained by the Lot owner; and the
removal of improvements or any other action required to cause compliance with the covenants,
requirements, and obligations contained herein. All costs incurred by the Association in causing
such compliance together with interest thereon at the higher of ten percent (10%) per annum or
the highest legal rate shall be due and payable immediately from the Lot owner to the
Association. And the Association shall be entitled to a valid lien as security for the payment of
such costs incurred.

Amendment – These covenants and restrictions run with the land and any amendments
made to the provisions herein will require the approval of no less than two-thirds (2/3) of the
voting power of the Lot owners in Canongate Section 1. Notwithstanding the foregoing, and in
addition to, the consent of all members present, in person or by proxy, who are entitled to vote at
a duly called meeting of the Association shall be required for any amendment hereto, which
effects a change in the (1) method of dividing the assessments, (2) the method of voting on
association matters or 3) the fundamental purposes for which the Association is organized.

F. The effective date of this Amendment shall be the date of recording with the Franklin County
Recorder.

IN WITNESS WHEREOF, the President and Secretary of Canongate Section 1 Association have
hereunto set their hands this day of , 2016.

_______________________________________
President

_______________________________________
Printed

_______________________________________
Secretary

_______________________________________
Printed

ACKNOWLEDGMENT

STATE OF OHIO
COUNTY OF FRANKLIN ss:

Before me, a Notary Public, personally appeared the above-named

and , President and Secretary of Canongate Section 1 Association respectively
and swore the signing hereof to be of their own free and voluntary act and that the same is true
this________day of__________________, 2016.

NOTARY PUBLIC
 AMENDMENT TO CANONGATE DECLARATION Field Code Changed

OWNER APPROVAL OR DISAPPROVAL

I have read the amendment, and YES,______ I am for the amendment, or NO______, I am
against the amendment. (Mark with an “X” after Yes or No to indicate your choice) Signed
this_______day of___________,20_____.

Address: ____________________________________________

___________________________________
Owner - Print Name

____________________ Date:___________
Signature of Owner

___________________________________
Owner- Print Name

______________________Date:____________
Signature of Owner