Hickory Point Property Owners Association

hereinafter set forth, each and all of which are for the benefit of property owners and shall apply to and bind the successors or any owner thereof.

NOW, THEREFORE, HPPOA hereby declares that the real property described in and referred to in Article I hereof is and shall be held, transferred, sold and conveyed

The real property which is, and shall be, held, transferred, sold and conveyed subject to the protective covenants set forth in the various articles of this Declaration is

ALL of Lots One (1) through Seventy-five (75) with the addition of Lot seventysix (76),under its own Covenants , of the subdivision named HICKORY POINT as

more fully shown on that certain plat prepared by E. Thomas Conley, Kentucky Registered Land Surveyor No. 3372, dated March 14, 2001, and recorded in the Office of

the Register of Deeds of Wayne County, Kentucky, in Cabinet B, at Slides 61,62, and 63. No property other than that described above shall be subject to this Declaration

until specifically made subject thereto. 

The real property described in Article I hereof, (hereinafter called Lot or Lots as applicable) is subjected to the protective covenants and restrictions hereby declared in

order to provide enforceable standards of improvement and development whereby aesthetics, living conditions and property values may be enhanced.

No lot shall be used except for residential and recreational purposes. No swine, livestock, or poultry shall be raised or bred on any lot, however horses, ponies and

household pet such as cats or dogs, are permissible provided they are not bred or maintained for commercial purposes. Improvements constructed for the maintenance of

animals shall be kept in good repair and must conform generally in appearance with any dwelling upon a lot, although such improvements need not be constructed of materials

identical to an existing dwelling. Each Lot owner shall maintain any such improvements placed upon any Lot, and no unsightly or dilapidated buildings or other structures shall be

permitted on any Lot with the exception of any pre-existing structures. No residence shall be erected, constructed, maintained or used or permitted to

remain on any Lot other than one single-family dwelling of not less than 1,400 square feet for a one-story structure, or 1,800 square feet for a two-storied structure. Once

construction is begun on said dwelling, all exterior construction must be completed within one (1) year of the commencement of construction.

No more than one outbuilding may be constructed on any Lot. Said outbuilding shall be only for the purposes of housing boats, cars, RVs, as well as lawn and garden

equipment. Said building must be constructed in a workman-like manner and may not be constructed more than one year prior to construction of the main residence. This

 building must be enclosed on at least three sides and the top, and with some sort of door which would thus close in all four sides of the building.

A property owner who owns two (2) or more adjoining lots may treat them as one (1) lot for building purposes. The fifteen (15) ft. property line easement must continue to

be observed for any outbuilding. Prior to resale of either, any lot containing a single outbuilding must be brought back to meet the requirements and terms set forth in Article

III, Paragraphs 2 and 3 of the Covenants by adding a home to the lot containing the outbuilding or removal of said building.

For legal purposes any owner who exercises the right to use this amendment modification must provide the Board President with a signed, notarized copy of the

following agreement stating he/she will comply with any and all requirements of 

ARTICLE III PARAGRAPHS 2 & 3.

There shall be no single-wide mobile homes/manufactured homes, no doublewide mobile homes/manufactured homes, no modular buildings or buses situated on any

No trade, commerce or other activity which may be considered a nuisance to the neighborhood may be carried on upon any Lot. It is permissible to operate a home-based

internet business, provided that deliveries to the home do not exceed two (2) UPS, Federal Express, or similar express carrier per day. No trade materials or inventories may

be stored upon any Lot and no tractor trailer type trucks, house trailers, or mobile homes may be stored or regularly parked on any Lot. No junk or unsightly vehicles of any 

type or description or unsightly buildings may be placed upon any Lot. Home-based internet businesses shall be allowed to store small inventories within the residence or 

enclosed outbuilding situated on the Lot. No advertisements of any kind will be permitted on any Lot for home-based businesses.

HPPOA reserves the right to erect signs in Hickory Point. No other person or persons shall erect any signs except “For Sale” signs. These signs are limited to three (3)

feet by three (3) feet in size. Signs must be neat, clean and must be made of metal or wood material. Any exceptions of this covenant must be approved by a majority vote of

No structure, other than a fence, may be built within fifteen (15) feet of any property line. Easements for installation and maintenance of utilities and drainage

facilities are reserved fifteen (15) feet in width over all side Lot lines and Lot lines along any road in said Subdivision. In addition, the property described in Article I hereof is

subject to easements, set backs and road rights-of-way as shown on that certain plat recorded in the Wayne County Registry in Cabinet B, Slides 61,62, and 63. HPPOA

hereby reserves unto itself, the right to erect and maintain any utility lines, electric lines or to grant any easements or rights-of-way therefore, together with the right of ingress

This development is not a campground. Lot owners are not, however, prohibited from overnight stays in professionally manufactured equipment, provided the camping

equipment is not left on any Lot for more than ten (10) consecutive days and is not in violation of any local ordinance. Permanent residence in any type of camping equipment

The roadways and rights-of-way constructed throughout the subdivision are for the Lot owners and their respective heirs, successors or assigns. There shall be no

hunting from any roadway or designated easement. The display or shooting of firearms is expressly forbidden. All ATV vehicles are prohibited from the roadways within

Every Lot described above on the Hickory Point map recorded in Cabinet B, Slides 61, 62, and 63 of the Wayne County Registry, shall be subject to assessment for

maintenance and expenditures as listed below. The annual assessment for each Lot owner of Hickory Point shall be the sum of Two Hundred and no/100 Dollars ($200.00)

per Lot, per year. An additional maintenance assessment of Fifty and no/Dollars ($50.00) per Lot, per year shall be assessed to each Lot owner who has not yet begun 

construction on their Hickory Point home. A late fee of twenty-five and no/100 Dollars ($25.00) will be assessed any property owner if assessments are 30 days late, fifty and 

no/Dollars ($50.00) for 60 days late, seventy-five and no/Dollars ($75.00) for 90 days late, with a lien placed on property of assessments are 120 days late. The third and 

fourth notice shall be mailed via certified mail. In addition any court costs or legal fees shall be the delinquent property owners responsibility.

The Hickory Point Maintenance Fund shall be owned jointly by all the Lot owners of the property in Hickory Point, and shall be used only for:

a. maintenance expenses for common area and entrance landscaping. 

b. electric bills, postage and insurance.

d. all reasonable administration costs for the perpetual continuity of the Hickory Point Property Owners Association.

e. the payment of reasonable legal fees to enforce any violation of covenants contained or amended within this recorded document.

There shall be created for the purpose of holding and administering such funds, the “Hickory Point Property Owners Association,” which shall have the power to file

with the Register of Deeds of Wayne County a notice if an assessment has not been paid by December 31st of any year, and such lien shall continue until the assessment is paid.

The funds shall be known as the “Hickory Point Maintenance Fund”. The Hickory Point Property Owners Association shall be comprised of all Lot owners which shall be 

entitled to two votes for each Lot owned. All decisions shall be made by a majority vote (except that a three-fourths (¾) majority shall be necessary for the levy of increased 

annual maintenance funds or special assessments), at a meeting of the Lot owners held after a reasonable notice to all such Lot owners. All expenditures less than $5,000.00 

shall be approved at the sole discretion of the elected officers. All expenditures exceeding $5,000.00 must be approved by a majority vote of all members of the Association. 

The Association shall organize, elect officers, and operate freely within the restrictions herein contained. Officers shall be elected by ballot, in even years, for a two year term.

With this Declaration there is hereby established an Architectural Control Committee (hereinafter “ACC”), which shall be appointed by the HPPOA.

No improvements shall be erected, placed, altered, maintained or permitted to remain on any Lot, nor shall any construction be commenced thereon until plans for such

improvements have been approved by action of the ACC in accordance with the provisions herein; provided however, that improvements and alterations completely

within the interior of a building may be completed without approval. The term “Improvements” shall mean and include structures and construction of any kind, whether

above or below the land surface, such as, but not limited to, buildings, outbuildings, water lines, sewers, electric and gas distribution facilities.

The ACC may prepare and maintain “Building Standards” which summarizes its construction standards to be used as the criterion for the approval of proposed

improvements. The ACC shall have the power to modify, alter, supplement, or amend Building Standards at any time, but such change shall not be effective as to

improvements which have previously been approved. The actions of the ACC through its approval or disapproval of plans, and other information submitted pursuant hereto, or

with respect to any other matter before it, shall be conclusive and binding on all interested parties.

All communications and submittals shall be addressed to the president of HPPOA. The ACC shall reply in writing to all plan submittals within thirty (30) days of receipt

hereof. If the ACC fails either to approve or disapprove such plans and specifications within thirty (30) days after the same have been delivered, it shall be presumed that said

plans and specifications have been approved. Neither the ACC, nor any member, employee or agent thereof, shall be liable to any owner of a Lot or to anyone submitting plans 

for approval, or to any other interested party by reason of mistake in judgment, negligence, or nonfeasance in connection with the approval, disapproval or failure to approve 

any such plans or for any other action in connection with its or their duties hereunder. Likewise, anyone who submits plans to the ACC for approval, agrees not to bring any 

action or suit to recover any damages against the ACC, or any partner, member, employee or agent of the ACC. The ACC may make exceptions to the provisions herein, 

when, in its sole discretion, such exceptions would not be in conflict with the intended character of the property subject to this Declaration when fully developed and occupied in 

accordance with the developer’s plans and objectives therefore.

ARTICLE XI.

The Hickory Point Property Owners Association shall use Association funds to maintain the green space areas of undeveloped lots within Hickory Point until the lot(s)

has been built upon. Maintenance will consist of mowing/bush hogging all undeveloped lots a minimum of 3 times per calendar year and the frequency of mowing/bush hogging

may be increased at the discretion of the Property Owners Association Board of Directors. Individual lot owners may elect to exclude their lots from maintenance by the

Association with a written request to the Association Board of Directors. If a lot owner chooses to exclude a lot(s) from maintenance, the lot owner shall become responsible 

for maintenance of lot(s) to the same or better condition as lots maintained by the Association. If the lot has been improved (built upon), then the owners of the improved

lot shall maintain their lot(s) to a neatly kept and mowed condition. All stumps, brush piles and debris shall be removed from lot(s), or hidden from sight from the roadways.

The Common Area, located between Lots 73 and 74 as shown on the Recorded Plat in Cabinet B, Slides 61, 62, and 63, is for the sole use of all owners of lots within

Hickory Point subdivision. The common area is to be used to store boats, RVs, personal watercraft and boat trailers. Camping is prohibited within the common area. The

covered boat storage area shall be used on a first come, first served basis and a rotating use schedule shall be implemented by the Hickory Point Property Owners 

Association’s Board of Directors, if necessary.

The property which lies between the lake side property line of Lots and Lake Cumberland is owned by the U.S. Army Corp. of Engineers, and said property is

designated as an area to be undisturbed and shall be left and continued in such condition as complies with the pre-existing condition and neither the Association nor any owner,

including owners of lake view lots, shall take any action contrary to such preserved status.

These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 2025, at which time said covenants shall be

automatically extended to successive periods of Ten (10) years unless, by vote of a majority of the then owners of the Lots described herein, it is agreed to change said

covenants in whole or in part. If the parties hereto, or any of them, or their heirs, successors, or assigns shall violate or attempt to violate any of the covenants herein, it shall be 

lawful for any other person or persons owning Lots described herein to prosecute any proceedings at law or in equity against the person or persons violating or attempting to 

violate such covenant, and either to prevent it, her, him or them from so doing to recover damages or other dues for such violation.

Invalidation of any of these covenants or any part thereof by judgments or Court order shall in no wise affect any of the other provisions which shall remain in full force

and effect, and the failure of any person or persons to take action to restrain the violation of any of these covenants and restrictions shall not be construed as waiver of any

enforcement rights and shall not prevent the enforcement of such covenant or covenants in the future.

No commercial timbering will be permitted upon any Lot. Clearing for home sites will be permitted. However, no more than twenty-five (25%) percent of any Lot

may be cleared without prior approval of the Hickory Point Property Owners Association Board of Directors.