Covenants
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FILED
SURERIOR COURT Retum to: ATASON COUNTY GA Ruscell T. Quartermari 2003 MAR 27 PM 12: 14 Russell T. Quantchman, P.C.
1671 Meriweather Drive KEBA PARKS. CLERK Suite 103
Bogurt, Georgia 30622
(706) 543-7777
STATE OF GEORGIA
COUNTY OF OCONKE
PROTEOTIVE COVENANTS POR HARRIS HILLS
THIS DECLARATION OF PROTECTIVE COVENANTS, made and published this the day of January, 2003, by HETTY A. HARDY, berinaller referred to as Declarant.
WITNESSETH:
THAT WHEREAS, said BETTY A. HARDY is the owber of that property shown on that certain plat caticked Survey for Harris Fits Sabdivision dated April 13, 2001, prepared by W.T. Dinahoo & Associates, Inc., W.T Duitaboo‚Registered Land Survoyor, and recorded in Plat Book 57, Page 189, in the Office of fre Clerk of the Suprior Court of Jackson County, Georgia; and
WITERBAS, it is to the interest, bonefit, and advantage of said Hetty A. Hardy and to each and every person who thall hereafior purchase auy numbered lots in sald subjoot propirty, that certain protective covenants govening and regulating the use and occupanwy of the same be established, set forth, and deolared to be covenants running with the land; and
WHEREAS, the said Betty A. Hardy hereby specifully declares these Protective Covenants to be and monde applicable to, and only to the property described in Exhibit. A Attached horcto and incorporated hercin;
NOW, TIGREFORE, for and in cousideration of the premises and of the benedits to be
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derived by Betty A. Handy and each and every sabseq ent owner of any of the mumbered lots in said subject property, said Ross Development, Inc. does herbby set up, ostablish, promulgate and deolare the following protective covenants to apply to, and ouly to, each and all of atid mumbered lots in said subject property, ad to all porsons owing said lots, or any of tham hereafter; these protective covenants shall become effective immediately and run with the land and shall be binding upon all parsons claiming any such numbared lot (hercinafiet&lot") under and through Botty A. Hardy until 25 yars from die dec of recording ol'hese protective covanants at which tire said covenants may be extonded or terminated in whole or in part as hercafter provided, to-wit
LAND USE AND BUILDING TYPE. No lot shall be used, excopt for residendal purposes. Provided, however, in the event a shugle family residonce is muinained as a model homc for the purpose of marketing single family residences for sale on the subject property; said maintenance of a model home shall he a permitted use. No building shall be crected, altered, placed, or permitted to remain on may lot other tha one detached single-family dwelling. constructed and maintamed for the use and occupancy of a single family unit and private garage for not more than three cars and other outhoildings rustomarily used in connection swith and incidental to a single family dwelling.
No residential structure may be relocated and placed on any lot
ARCHITECTURAL CONTROL, No building shall be erected, placed, or altered on any lot until the consaction plans and specifications and a site plan showing lacation of the structure have becu approved by the Arubitentural Control Committee as to quality of workmanship and materials, harmony of exteral design with existing structures, and as to location with respect to topography and frish grade clevation. No fence or wall shall be crected, placed, or altered on any lot nearer to any strect than the fronk line of the house, unless similavly sipproved. No fances shall
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be erected within 25 feer of any side, front, or roar lot lies without prior written approval from the Architectural Control Committec. Approval shall be as provided in Paregraph 22 below.
DWELLING COST, QUALITY AND SIZE.
(a) All one-story dwellings must contam a minimum of 2000_ square feet of heated interior space and all two-story dwellings muat contrin a minimum of 230) square feet of heated intarior space.
(b> Each residance and other shochures ahall be vontoucted only of matcrials, and in colors; approved in writing by the Arohitectural Couttol Committee with the arterior of the residences being brick or shion or rock. Siding muy only be used if deemed to be necessary by the Architectural Control Compittee for the "Architectural Style" of the home
4. BUILDING LOCATION. No huiking shall be located or any lot nearer to the front lino or nearer to the side aroct line than the minimum building set-back lines shown on the recordad plat. No buikding shall be located neuror than 15 fect to an interior fot line. No dwelling shall be located on an interlor lot nearer than 40 feet to the rear lot line. For the purposes of this covenant, enves and steps shall not be considered as part of a building, provided, however, that this shall not be consined to pemit any pation of a building to excioach upor another lot
5. COMMENCEMENT OF CONSTRUCTION/CONTRACTOR APPROVAL. A lot owner shall conmence construction ofa single family residepoe on said owner's lot within two years of the date of tho purchase of same. In the event the Probaser fails to connone constructiun as provided above, the Declarant shall have the right to repurchase said lot for the original sales price from said lot owner. This reperhosc option shall be elective for six months following the failure to commencc coastruction. The contractor chosed by a lot owner for constraction shall be subject
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to the approval of the Authitectural Control Committee,
GARAGES. There shall be no ganges which front of a street, except in the case of corner lots. In that event, the location of the garage shall be subject to the approval of the Architectural Control Committee. No outwildings shall be permitted without the approved of the Architectural Control Committee. An outbuilding shall not be approved unless said outbuilding is of the same style and quality as the sinyle fimily residence located on the property where the said outbuilding is proposed to be located.
FENCES. No fences shell be allowed except chainlink, fences with black coating no arcater than five (5) feet high. No fences shall be allowed it front or side yarda,
MAILBOXES. The Architectural Control Commitice shall have the right to approve the location, color, size, dosign, lettering and all other particulats of mail and newspaper boxes, if any, and of name signs on such boxes, as well as property identification thackers and decorative hardwaro, whether attachad to sigh mail-box, to any structure within the Lot or affixed or erected upon the grounds of the Lot All mailboxes shall be cast iron, in style and shape approved, by the Architectaral Control Committee
9. LANDSCAPING AND TREE REMOVAL. An owner shall have the right to remove Ive trees for the sole purpose of contructing the dwelling and improvement in compliance with the approved construction plan and site plan described above. All other removal of live trees skall be sobject to the approval of the Architectural Control Committee. All front yards shall be sodded with a coverage of at least 5000 square feet and shall have underground irrigation systems sufficient to provide water to the aforementioned sodded areas. The aforementioned sodding and irrigation shall ba completed within 180 days from the completion of the construction of the single fimily rosidence Incated on a lot
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10. EASEMENTS. Basements for installation and maintenance ofutilities and drainage facilitics me reserved as shown on said plat so recorded in said Cleik's Office in Plat Book 43 Pagu _7
11. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, 1or shall anything be done thereon which may be or become an annoyance or mrisance to the neighborhood,
12: TEMPORARY STRUCTURKS. No structures of a temporary character shall be allawed to be placed on any lot. Provided, however, during the construotion of dwellings on the subject property, constriction trailer may be maintained.
13. OIL AND MININGOPERATIONS. No cil drilling, oil development opcrations, oil refining, quarrying or mining opcrations of any kind shall be pemmitted upon or in any lot, yor shall oil wells, tanks, tamels, mineral excavations or shafts be permitted upon any lot; and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on, upon; or in any lor
14. ABOVE GROUND TANKS AND ANTENNAS. No exposed above ground tanks will be permitted on tay lot for the storage of fuel, water, or for any other use. Television "dish" antennas shall pot be permitted in the fout yard of amy lot and shall not be visible from the front yard of any lot, Antennas on a comer lot ard required to be shielded from view from the side street. In any event, if antennas are allosved, they can only ba placed in the rear yard, wust be shielded from viow, and must be approved by the Architectual Control Committee.
15. SIGNS. No sign of any kind shall ba displayed to tho public vicw ou my lot except one professional sigh of not more thar one square foot, one sign of not more than five square fect advatising the property for sale or rest, or sigus wed by a builder to advertise the proparty during
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the constraction period.
16. LIVESTOCK AND POULTRY. No mimals, livestock, or poultry of ady land shall be raised, bred, or kopt on any lot, except that dogs, cats, or other household pets miny be kopt, provided they are not kept, brod, or maintained for my commercial purposes.
17. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping ground for rubblab, trish, garbage, or waate All innerators or other equipment for the storege or disposal of such material are prohibited
18SEWAGBDISPOSAL. No individual sowage-disposal systoni shall bo permitted on any lot, volcas such systor is designed, localed and contracted in accordance with the requirements, standards, and recommendations of the Georgia Departient of Public Health. Approval of such rystems as installed shall o obtaled from such muthority.
19. BOATS, CAMPERS, AND MOTOR HOMES. Tht parking of any boats, campers, and motor homes is probibited unleas sace are parked in the rear yard on a concrete pad shieleed from view from adjacent lots...
20. POOL COVERS. No pool covers shall be pommitted which are higher than six inches above the swimming pool deck except by writen authorization flow the Architectural Control Committee
21. SIGHTDISTANCE AT INTERSECTION. No fence, wall, hedge, or chrab pinning which obstruct sign lines at clevations between two and six feet above the roadways shall he placed or permitted to renam on any corner for within the trianguler area formed by the street property lines and a line oomeoting them at points 25 feet from the intersection of the street lines, or in the case • of a rounded property corner, from the intovection of the street property lines extended. The same sight-line limitations shall apply on any lot which is within ten feet from the intersection of a street
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property line with the edge of a driveway or alley pavement. No tree shan be permitted to remain with such distance of snon intersuctions unless the foliage lie is maintained at sofficient height to prevent obsiructions of such sight lines
22. ARCHITECTURAL CONTROL COMMITTEE
Memharship The Architectral Control Committeo la composad of Tom Hardy. A majority of the conmittee may designate a representative to act for it. In the event of death or resignation of any momber of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee not its designated reprosentative shall be entitled to any compensation for services performed purmant to this covenant.
The Architoctum) Control Commines shall have the right to grant variances to there covenauts provided that said grant is in writing and signed by a mafority of the Architectural Control Committee.
b. Picalize The committee's approval or disapproval as required in these covenants shall be in writing, I the evout the committec, or its designated representativo, fails to approve or disapprove within 30 days after the plans and specifioations have boen submitied to it, or in any event, if go suit to enjoin the construction has boon commenced prior to the completion thereof, approval will not berequired and the related upvuiants shall be deemed to have been fully complied with .
23PROPERTY OWNER'S ASSOCTATION
a The Declarant may alect to convoy certin portions of the subject property and any othar property which adjoins the subjoct property for the benefit of the lots in the sabjeot propcity.
b. In the eveut the Declarant elects to convey any propicity for the benefit of the lot owners, the Declarant shall create a not for-proft property owner's association which shall hold dtle to said
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property for the bencht of the owniors of lots. The Declamant shall have the right to the sole and exolusive control of the Association until 80% of the lots in the subject property have beeu sold or otherwise conveyed to third parties.
c. Rivery Owner of a Lot in Harris Hills shall be a member of the Association. If tille to a Lot is held by more than one person, each of auch porsons shall be members, membership shall be appurtonant to the Lot to which it appertains and shail be transferred automatically. Notwithsanding the above, aach Lot shall be chitled so one (1) vote in the Association.
d. The provisions of this Article are to be auiplified by the Articles of incomportion and ByLaws ofthe Association provided, however, no such amplification shall substantially alter or amend any of the rights or obligations of the Owners of lots as act forth herein. In the event of any conflict or incotsistencies amoog this Declaration, the Artiles of Incorporation or the By Laws of the - Association, this Declaration and the Articles of incorporation (in that order) shall prevail.
24. ASSESSMENTS
Assessments against the Lof Owners shall be made to raisa finds to pay the common expeoses of the Property, and contibute a pro rai share of the maintenance of the connon areas of Harris Hills and aball be governed by the following provisions:
(a) Liability. Fach I ot Owner shall be hable to the Association for all sums as are lawfully assessed by the Association agidust him of his Lot or Lots in accordence with the tourns and provisioes of this Declaration and Articles of Incorppraion and By-LaW. In addition to exercising the rummedias provided for heroin, the Association Diy coforu such liability by an action at law to recover all amounts aascasod against each unit owner in accordance with the provisions of this Declaration.
(b) Cremion af the Lim and Resonal Obleation for Assument Fach owner of any Lot
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by acceptance of a dood or other conveyance thereot, whether or not it ahall be expreased in any such deed or other conveyance, covenants and agrees to pay to the Association assesameat whiuh shall be fixed, enabliabed, and colincted as herein provided; howeve, nothing contained hercin shall be construcd to obligats Declarant to pay assessments on lots prior to the sale of said Lots.
(c) Uniform Rate of Alesament. All annual assuments shall be fixed at a miform rate for all Lots:
(d) Purpose. Assessments shall be levied aguinst the Lot owners and the Lots to defray the common expenses of the Property. The common expenses of the Property shall be ali of the exponditures which are mude or incurred by or on behalf of the Association in conection with the exercise of its power and responsibilities, and shall inchade but not be limited to the following
(2) all exponses related to the maintenance and repair of the storm water detention facility located on the subject property:
(li) premduas for all insonice policies maintained by the Association;
(ili) the expenses of performing the maintenance, repair, renovation, restoration and replacoment work which is the responsibility of the Association hereunder,
(iv) such othor costs and expenses as may be determined fhom time to time by the Board of Directors to be coumon expenses; and
(e) Collection. In addition to all other remedies provided by law, the Association may enforce collection of the assessmous for which a Lot Owner is liable, together with all other mounts as may be owed by such Lot Owner to the Association, as hercinafter provided,
(1) fr the over: that any Lot Owner shall fill to pay any instalment of any assessment levied against him within ten (10) days afer such installment shall be due and payable aad the payment of, and shall pay, in addition to the amounts so due the Association:
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(u) In the event that any Lot Owner shall fail to paywithin ive (5) days after the same shall be due, any amounts duc and payable to the Association, such Lot Owher shall be lible for the payment of, and shall pay, in additon to the outs so due the Association:
(a) A late aliarge equal in the Ten ($10.00) Dollers or ton (10%) percent of the amount so due, whichever is the greater;
(b) luterest on the amount so due, and the aforesaid late charge appertaining thereto, from the date same werc due and payable, at thé rate of ton (10%) percent per anouro, unil paid;
(c) the cost or collection, including court costs, the expeuses of sale, any expenses required for the protection and preservetion of the Lot, and reasonable attorey's fees actually incured; and
(d) & the ovent the ssocintion shall seek to foreclose its lien on the I or of such owner, the thir rental value of the Lot from the time of the institution of soit until sale of the unk at toreclosure (or until the jodgment rendered in such suit is otherwise satisfied).
(ill) All sams lawfulty arrested by the Association against any Lot Ownar or Prope ty Ownor's Association Lot, whether for the share of the common expenses pertaining to that Lot, fincs, or otherwise and all reasonable ohiges made to say Lot Owner or Lot for matcrial furnished or services rendered by the Association at the Owner's request to or on behalf of the Lot Owner or Loi, shall, from the tree the sume bocore duc and pajable, be the personal obligation of the Lot Owner and constitute a lien in favor of the Association on the Lot prior and superior to all other liens whatsoever oxcept:
(a) Lient for ad valorem taxes on the Lot;
(b) The lien of any first priority mortgo covcring the Lot and the lien of any
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mortgage recorded pilor to the re cording of the Declaration; or
(4) The licu of any secondary purchas money mortgage covoting the Lot provided that neither the grntee nor any succeasor granted of the mortgage is the seller of the Lot.
The recording of this Declaration shall constitute record notice of the existence of the lion and no farthic recordation of any claim of lien for assessinent stall be required.
(iv) The right of a Lot Owner and all persons entitled to occapy the Lot of such owner, to use the comon elonients shall be suspended for the period of tune any amount due and owing to the Association in regad to any Lot owned by such owner shall remain unpaid; provided, however, that no moh guar i shall deny any Lot Owner, or the occupants of any Lot, accass to the Lot owned or occupled, nor caase any hazardous or miamitary condition to exist.
25. INSURANCE. Insince which shall be obtained by the Association shall be governed by the following provisions:
(a) Types of sumE. The Association shall obtain and maintar the following insurance policies:
(i) A comprehensive policy of priblic liability insance covering all of the common olomonts, Such tabilty isn'angę policy shall contsin a "severability o fintersiiendorsement whica shall proclude thic insuor from denying the clait of a Lot Owner because of the negligent acts of the Association or other Lot Owners. Such Hability insurace policy shall cover the Associadon, the Board of Directors, the officer of the Association, all aponts and employees ofthe Assooiation, and all unit owpers and other persons entitled to occopy any Lot or other portion of the Property, shall be for at lest $500,000.00 for injury including death to a single person, $1,000,000.00 for injury or injuries, including death, airing out ofa single occurrence and 550,000.00 for proporty damage, with a cross liability endorsetent to cover the Lot Owners as a group and shall include prolection for
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damage to the property of otbers.
26. TERMS. These covenants are to run with the hard and shall be binding on all parties and all perwus claiming under them for a period of 25 years from the datc these covenants are recorded, after which time said covanants shall be antomatically extended for successive period of 10 years unless an instrument signed by a majorty of the then owners of the lots has been recorded. agreeing to change said covenants in whole or in part
27. ENFORCEMINT. Enforcenient shall be by proceedings at law or in equity against any person or persons violating or atrempting to violate my covenant either to rostrain violation or to recover damages.
28. SEVER ABILITY. Invalidation of eny oue of these covorants by judgmont or court order shall in no wite affect any of the other provision which shall remain in full force and effect.
IN WITNESS WHKREOP, the indersigned, Icky the Declarant herein, has executad this instrument under his seal this the 2412 day of Januely, 2003.
Signed, seafed and delive IDE
in the preseace of
Eva M can ramane
•JUNE 13
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Phone Subdivi lon Phone: 708-583-8388 number: Hatharine Chaney 770-310-4277
Hathy Haddock 401-934-7435 www.clarksboro.com
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Jernifes,
Elt was so great again ye be referday she int to Clasksbors and Harns Hills Iil included the corenants yor Hats's Hills. Please give me a call with any guestions. e
Hope to work with you soon
Fatherin Chaney