Covenants
170 00790
00071 11073
05 MAR - 4 PM 1:50
700 71-94
MIF 03040
RUSSELL T. QUARTERMAN, P.C.
1671 Meriweather Drive, Suite 103 Attorneys and Counselors at Law
Bogart, Georgia 30622
Facsimile: (706) 543-7777
rapc@negia.nel (706) 543-1844îŚ
STATE OF GEORGIA
OCONEE COUNTY
DECLARATION OF RESTRICTIONS AND COVENANTS
COBBLESTONE PARK
OCONEE COUNTY, GEORGIA
THIS DECLARATION, made on the date hereinafter set forth by COBBLESTONE A THENS
PARTNERS, LLC, a Georgia Limited Liability Company, (hereinafter sometimes called "Declarant").
RECITALS:
WHEREAS, Declarant is the owner of the real property located off of Pete Dickens Road in
Oconee County, Georgia, consisting of 40.67 acres, more or less, as shown in that plat of survey dated
the Clerk of Superior Court of Oconee County, Georgia, ("the Plat) which is incorporated herein by
reference for a more accurate description thereof, and
WHEREAS, Declarant desires to subject the real property described in the Plat to the provisions
of this Declaration, and to avail the Community of the provisions and benefits of the Georgia Property Owners' Association Act, said act being codified at O.C.G.A. §44-3-220, et seq.; and
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this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjec NOW, THEREFORE, Declarant hereby declares that the real property delineated in the Plat to sold, transferred, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the to the provisions of this Declaration, and the provisions of O.C.G.A. §44-3-220, et seq. and shall be held. hereinafier set forth, which are, for the purpose of protecting the value and desirability of, and which shall covenants and restrictions (sometimes referred to herein collectively as covenants and restrictions*) run with the title to the real property hereby made subject hereto, and shall be binding on all persons having any right, title or interest in all or any portion of the real property now made subject hereto, their respective heirs, legal representatives, successors, successors in title and assigns, and shall inure to the benefit of each and every owner of all of any portion thereof.
ARTICLEI
DEFINITIONS
A. The Act shall mean the Georgia Property Owners Association Act, O.C.G.A. §44-3220, et seq., as the same is or may be hereinafter amended B. "Architectural Control Committes" shali mean and refer to The Architectural Control Committee initialiy comprised of Marcus Wiedower and Tom Ellis, and such other individuals or entities as Declarant may appoint and thereafter those persons selected by the Board of Directors in compliance with the provisions of this Declaration. C. 'Articles oflocorporation shall mean the Articles of Incorparation of the Association, as the same may be hereinafter amended. "Association" shall mean and refer to the Cobblestone Park Community Homeowner's Association, Inc., a non-profit Georgia corporation, its successors and assigns. E. *Board of Directors shall mean the Board of Directors of the Association, the members of which shall be appointed and elected from time to time as provided in this Declaration, the Articles of Incorporation and the By-Laws. The Board of Directors shall be the govering body of the Association.
F. "By-Laws" shall mean the By-Laws of the Association, as the same may be hereinafter amended.
G. "Common Area" means all real and personal property submitted to the Declaration which is owned or leased by the Association for common use and enjoyment of the members.
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H. "Common Expenses" means all expenditares lawfully made or incurred by or on behalf of of reserves pursuant to the provisions of the Declaration. the Association together with all funds lawfully assessed for the creation and maintenance any Additional Property hercinafter acquired that is adjacent to the real property described "Community" shall mean and refer to that certain real property described in the Plat and in the Plat as may by amendment hereto be subjected to this Declaration. or (ji) any successor-in-title to the said party to all or some portion of the Community, Declaraati shall mean and refer to (i) COBBLESTONE ATHENS PARTNERS, LLC, development or sale, and provided further, in the instrument of conveyance to any such provided such successor-in-title shall acquire such Community for the purpose of hereunder at the time of such conveyance; or (iii) should any of the Community become successor-in-title such successor-in-title is expressly designated as the "Declarant" subject to a first mortgage given by "Declarant as security for the repayment of a construction or development loan, then all the rights, privileges and options herein reserved the owner of all the Community then subject thereto through whatever means, or the to "Declarant shall inure to the bencfit of the holder of such mortgage upon its becoming power of sale contained in such mortgage; and, further, all the rights, privileges and options purchaser of all such Community at a judicial or foreclosure sale made pursuant to any herein reserved to "Declarant may be transferred to the successor-in-title of any such acquirer of title to such Community provided any such successor-in-title shall acquire for the purpose of development or sale all or some portion of such Community, and provided further, in the instrument of conveyance to such successor-in-title, such successor-in-title is designated as the "Declarant" hereunder. The privileges and options herein reserved to "Declarant" may be transferred to the successor-in-title of any such acquirer of title to such development or sale all or some portion of such Community, and provided further, in the Community provided any such successor-in-title shall acquire for the purpose of as the "Deciarant bereunder by the grantor of such conveyance, which grantor of such instrument of conveyance to such successor-in-title, such successor-in-title is designated event that persons specified in both (ii) and (iii) above become entitled to succeed to the conveyance shall be the "Declarant" hereunder at the time of such conveyance. In the interests of"Declarant" as therein provided, then as between such persons, any person entitled to be 'Declarant" by virtuc of (iff) above shall be "Declarant" instead of any person entitled to be "Declarant" by virtue of (ii) above.
covenants are administered by a property owners' association in which membership is "Declaration" means this recordable instrument creating covenants upon property which mandatory for all owners of lots in the community.
Lol" shall mean any plot ofland located within the Community which constitutes a single
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Superior Court of Oconee County, Georgia, as well as any building or any portion of any dwelling site designated on any plat of survey recorded in the Office of the Clerk of building located thereon which is intended for independent residential use. M. "Lot Owner" or "Owner" shall mean and refer to the record owner, whether one or more however, any person holding such interest merely as security for the performance or persons, of the fee simple title to any Lot located within the Community, excluding satisfaction of any obligation.
N. Mortgage" means any mortgage, deed to secure debt, security deed and any and all other similar instruments used for the purpose of conveying or encumbering real property as security for the payment or satisfaction of an obligation.
O. Person means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust or other legal entity.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the Section 1. Property Subject to Declaration. The real property which is, by the recording of this recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to this Declaration is the real property described as the Community in Article 1 hereof. The Community is particularly described in Plat. Declarant intends to construct approximately sixty (60) Lots, together with roads, utility systems and other improvements serving the Lots. plat of the subject property shall be conveyed to the Association and shall be maintained by the Association Section 2. Storm Water Detention Facilities, The storm water detention facilities set forth on the as provided by the laws and regulations of Oconee County and the State of Georgia, including the maintenance ofliability insurance as provided herein. Maintenance shall include, but not be limited to, erosion and vegetation control 30' alleys as shown on the plat have been conveyed to the Association and are to be maintained by the Section 3. Private Roads. Cobblestone Drive, Cobblestone Lane, Cobblestone Way, and the Association in good order and repair. The Association shall have the roads and alleys inspected by an engineer or a contractor who installs roads no less often than once every three years to determine whether but not be limited to, road surfacing, shoulders, signs, storm drainage facilities and vegetation control. No any repairs need to be made or whether maintenance needs to be scheduled. Maintenance shall include, public funds of Oconee County, Georgia are to be used to build, repair or maintain the Private
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ARTICLE III
POWERS OF THE ASSOCIATION AND BOARD OF DIRECTORS to the limitations and restrictions set forth in the Act, the Georgia Non-Profit Corporation Act, this The powers of the Association and the Board of Directors shall be as set forth and shail be subject Declaration, the Articles of Incorporation and the By-laws of the Association.
ARTICLE IV
ARCHITECTURAL CONTROL COMMITTEE
the Architectural Control Committee is (a) to administer and enforce the covenants and restrictions set forth Section 1. Purpose, Powers and Duties of the Architectural Control Committee. The purpose of in this Declaration; and (b) to assure the installation, construction or alteration of any structure on any Lot is submitted to the Architectural Control Committee for approval (i) as to whether the proposed installation, construction or alteration is in conformity and harmony of external design and general quality with the existing standards of the neighborhood and with the standards of the development of the Community; and (ii) as to the location of structures with respect to topography, finished ground elevation and surrounding structures. Section 2. Selestion of the Architectural Control Committee
time as the Declarant's rightto submit the Additional Property to the provisions of this Declaration pursuan (a) Initial Architectural Control Committee, From the execution date of this Declaration until such to Article II expires and all Lots have been fully developed, permanently improved, and sold to permanent residents, the Architectural Control Committee shall consist of Marcus Wiedowe and Tom Ellis, or such the sale by Declarant to an Owner of the last Lot and the construction and completion of a permanent other entitics or individuals, or a combination thereof, as the Declarant may select from time to time. Upon respects and a successor Architectural Control Committee shall be appointed by the Board of Directors residence thereof, the Declarant shall cease functioning as the Architectural Control Committee in all However, the Declarant may at any time prior thereofresign from the Architectural Control Committee turning its functions over to the Board of Directors of the Association. or allowed for the Bord of Directors by the By-Laws. Section 3. Meetings. The Architectural Control Committee shall hold such meetings as required Section 4. Action of Members of Architectural Control Committee. Any member of the
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the full authority of the Architectural Control Committee with respect to all matters over which the Architectural Control Committee may be authorized by the Architectural Control Committee to exercise Control Committee. The action of such member with respect to the matters specified shall be final and Architectural Control Committee has authority as may be specified by resolution of the Architectural binding upon the Architectural Control Committee and upon any applicant for an approval permit or authorization, subject, however, to review and modification by the Architectural Control Committee on its notice of the decision of such member shall, within five (5) days thereof, be given to any applicant for an own motion or appeal by the applicant to the Architectural Control Committee as provided herein. Writter decision which he decs to be unsatisfactory, file a written request to have the matter in question reviewed approval permit or authorization. The applicant may, within ten (10) days after receipt of notice ofany by the Architectural Control Committec. Upon the filing of any such request, the matter with respect to which request was filed shall be submitted to, and reviewed promptly by, the Architectural Control Committee, but in no event later than thirty (30) days after the filing of such request. The decision of a majority of the members of the Architectural Control Committee with respect to such matter shall be fina! and binding.
ARTICLE V
BUILDING REQUREMENTS
initially subjected to this Declaration. The following property rights and architectural restrictions shall apply to the property which is with the prior writlen approval of the Architectural Control Committee. Declarant, however, until such time Section 1. Subdivision ofLot. No Lot shall be subdivided, or its boundary lines changed, except (2) or more Lots in order to create a modified residential Lot or Lots, and to take such other steps as as the last Lot is sold by the Declarant to an owner, hereby expressly reserves the right to replat any two reasonably may be necessary to make such replanted Lot or Lots suitable as a building site or sites. All of the covenants and restrictions set forth herein shall apply to each such Lot, if any, so created. Any such and zoning regulations. division, boundary line change or replatted Lot shall not be in violation of the applicable County subdivision parking area, tennis court, swimming pool or other structure or improvement of any kind shall be crected Section 2. Approval of Plans. No residence, building, fence, wall, road, driveway, sidewalk placed, altered, added to, modified, maintained or reconstructed on any Lot until the plans therefor, and for the proposed location thereof upon the Lot, shall have been approved in writing by the Architectural Control Committee. "Improvement" shall mean and include any improvement, change or modification of the appearance of a Lot from the state existing on the date of the conveyance of such Lot by Declarant to to the Architectural Control Committee a construction schedule and two (2) complete sets of final plans a Lot Owner. Before taking any action requiring approval under this Section, a Lot Owner shall submit and outline specifications, showing site plan (which site plan shall show driveways, patios, decks, accessory
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buildings, and all other components referenced in the first sentence of this Section), landscape layout, floor plans, exterior clevations and exterior materials, colors and finishes. Only Architectural/Dimensional Additionally, all brick selection must be approved by the Architectural Control Committee. No changes shingles from a supplier approved by the Architectural Control Committee shall be used on any structure. approval by the Architectaral Control Committee. No alteration in the exterior appearance of any building. or deviations in or from such plans and specifications as approved shall be made without the prior written Commitce. Further, before beginning any construction, the name of the builder nust be submitted to the structure or other improvement shall be made without like approval by the Architectural Control Architectural Control Committee and approval by the Architectural Control Committee as to builders experience and ability to build houses or other structures of the class and type of those which are to be built Article IV, Section 4 upon receipt of such information to approve or disapprove the same. Neither the in the Community must be granted. The Architectural Control Committee shall act in accordance with shall assign such function, shall be responsible or liable in any way for the performance of any builder or Architectural Control Committee, nor any person or party to whom the Architectural Control Committee structural defects in any work done according to such plans and specifications. The Architectural Control for any defects in any plans or specifications approved in accordance with the foregoing, nor for any Committee may refuse approval of plans, siting or specifications upon any ground, including purely aesthetic considerations, which in its sole discretion it shall deem sufficient. Approval of any one series of improvements hereunder shall not waive the Architectural Control Committee's rights to disapprove subsequent improvements to the same Lot. express written permission of the Architectural Control Committee. Section 3. Accessle Other Lots. No lot shall be used for access to other property without the right of way on which said tract fronts and the principal dwelling no closer than 7.5 feet from a side lot line Section 4 Building Location. No building shall be erected on any Lot closer than 15 feet to the There is no back line set back. Detached garages, when approved, may be located no closer than 7.5 feet from a side line. The Architectural Control Committee reserves the right to control solely and absolutely the precise site and location of any proposed house, dwelling, building, or other structure or improvement upon all Lots. Such location shall be determined, however, only affer reasonable opportunity is afforded building setback area required by the Architectural Control Committee or designated on plat of subdivision. the Lot Owner to request a specific site. No improvements shall be placed or erected within any such side of the Lot and the interior walls must be finished, unless otherwise expressly approved, in writing by Section 5 Garages, Carports. Any garage or carport will be required to open to the rear or the the Architectural Control Committee. Carports or garages located in the rear yard may open toward the street as well as the rear or side of the Lot, provided, garage doors shall be installed and maintained on all garages
or other structure by any utility, public or private, until the Architectural Control Committee has verified Section 6 Attachment of Utilities. No permanent utility connections shall be made to any dwelling
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general compliance with these covenants and restrictions and with the plans and specifications therefor submitted pursuant to Section 2 above, and has approved said utility connections in writing. Each Lot, parcel of land, residence, building or other structure on said property, when required to be served by a utility, must be served by a water system and other utilitics approved by the Architectural Control Committee.
Section ? Other Building Requirements. The requirements set forth below are in no way to be construed as limiting the exercise of the Architectural Control Committee's discretion pursuant to Sections 2 and 3 above: (a) All single story residences in Cobblestone Park subdivision must contain a minimum of 2200 square feet ofheated living space, excluding bascments. All two-story dwellings in Cobblestone Park subdivision must contam a total minimum of 2300 square feet ofheated living space, excluding basements. Owners may request in writing to the Architectural Control Committee a waiver of this requirement. The Architectural Control Committee may under reasonable circumstances grant such a request where the resulting appearance of the Lot is likely to preserve the overall appearance, scheme, and design of the Community.
(b) Each residence and other structures shall be constructed only of materials, and in colors, approved in writing by the Architectural Control Committee with the exterior of the residences being brick, stucco, stacked rock or siding. Owners may request in writing to the Architectarl Control Committee a waiver of this requirement. The Architectural Control Committee my under reasonable circumstances scheme, and design of the Community. grant such a request where the resulting appearance of the Lot is likely to preserve the overall appearance, covered with stone, brick or plastered to complement the house materials. (c) Exposed concrcte block or poured concrete foundations and site retaining walls must be (d) Sheet metal and PVC work such as roof caps, flashings, plumbing vents, and chimney caps must be painted to match the roof colors. Gutters and down spouts must be painted approved colors.
(e) Roof stacks and plumbing vents must be placed on the rear slopes of roofs.
the unit. They must be continuous to finish grade. (f) Chimneys framed to receive prefabricated fireplaces and flues must not appear cantilevered from Architectural Control Committee. (g) The roof pitch of all residences shall be aminimum of 8/12 unless otherwise approved by the
(h) Driveways shall be a minimum of 12 fect in width and constructed only of materials approved in writing by the Architectural Control Committee, and any culverts, pipes or conduits for water placed in
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approved by the Architectural Control Committee. or under driveways shall be covered at points of protrusion from driveways or the ground with materials
(I) All electrical service, cable television and telephone lines shall be placed underground, and no exterior pole, tower, antenna or other device for the transmission or reception of television signals, radio signals or any other torm of. or maintained on anv f ot lectromagnetic radiation, or for any other purpose, shail be erected, placed Architectural Control Cora cept as may be constructed by the Declarant or approved in writing by the ttee. Further, the design, type, location, size, color, and intensity of all extrio. lights shall be subject to control by the Architectural Control Committee and only such exterior lighting as shall have been approved in writing by the Architectural Control Committee shall be installed or used or any Lot. impact to adjacent properties and streets. () All exterior lighting shall be a low-level, non-glare type and located to cause minimum visual
(K) Mechanical emuin ent (other than heating or air conditioning equipment), shall be installed onl within the dwelling or buried. Heating and air conditioning equipment shall be installed in such location as will. to the maximum extent p ossible, not be readilv visible to the view of neighboring I ots. streets and property located adjacent to the Community. No outdoor clothes lines shall be allowed in the Community.
(1) Unless located within ten (10) feet of a main dwelling or accessory building or within ten (10) feet of an approved building site, no trees, shrubs, bushes or other vegetation having a trunk diameter of three (3) inches or more at a point of two (2) feet above ground level may be cut, pruned, mutilated c destroyed at any time without the prior written approval of the Architectural Control Cormittee; provided however, that dead or diseased trees, shrubs, bushes or other vegetation shall be cut and removed promptly from any Lot by the Owner thereof after such dead or diseased condition is first brought to the obtained. attention of the Architectural Control Committee and permission for such cutting and removal has beca
(m) Landscaping shall relate to the existing terrain and natural features of the lot, utilizing plant materials native to the Southeastern United States. The amount and character of the landscaping mus conform to the precedent set in the surrounding community. The preferred landscape bed edgink is a nes 4" - 6" deep trench. Other edging, if used, should be flush with the pround. No edging material should be pine bark mulch. visible above grade. All mulched landscape beds should be covered with natural pinestraw or chopped
(n) Front yards must be sodded with Bermuda or Zoysia grass. A minimum road shoulder of soo and rear yards shall be sodded. 6' - 10' wide is reouired from lot line to lot line and including the entire street exposure of corner lots. Sido
(o) No structure of atemporary character shall be placed upon any Lot at any time, except for
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sheilers used by a buiding contractor dunng the course of construction. Such temporary shelters may not
at any time, be used as residences, nor be permitted to remain on the Lot after completion of construction
(p) No accessory building shall be placed, crected or maintained upon any part of any Lot except
in connection with a residence already constructed or under construction at the time that such outbuilding
is placed or erected upon that Lot.
(q) Freestanding play houses, treehouses and detached storage buildings are not allowed
(r) Exterior hot tubs must be screened from adjacent properties and streets. All pump, filter, etc.
equipment for spas must be sited where it will not cause a nuisance to neighbors and must be screened from
(s) No fences or walks should be constructed in a such a way as to detract from the iron fence and
stone columns common to the neighborhood. No fences shall be constructed in the front yard. Under no
curcumstances shali stiver or metal colores chain link fence be constructed on anv Lot. All fences and wall
must be approved, in writing, by the Architectural Control Committe. Fences for rear or side yards may
consist of only black coated chain link, black iron fencing, or brick and stone fences consistent with the
neighborhood.
(1) All swimming pools must fit naturally into the topography of the proposed lot and be located to
provide minimal visual impact to surrounding properties and streets. All pool equipment, including but not
Jimited to, pumps and filters must be sited where it will not cause a nuisance to neighbors and must be
scrcened from view. Only Gunite type pools are allowed. Absolutely no temporary, fiberglass, drop in
or above ground pools shall be allowed. A fence a maximum of six (6) feet in height and capable of beine
locked shall surround all swimming pools.
(u) No private tennis courts will be permitted.
(v) No camper, recreational vehicle, trailer, tent, or boat shall be placed in the yard or driveway.
Additonally, no treehouses, play equipment (such as swing sets) or other similar outbuildings shall b
placed in the front or side yards or so as to be visible from any street
(w) Only omamental fences and walls conforming architecturally to the principal dwelling on sai
Lot shall be constructed in the front vard. Small diameter, open mesh wire fences shall not be constructed
in the front yard. Under no circumstances shall silver or metal colored chain link fence be constructed on
any Lot
(x) Swimming pools must be constructed below ground level with the same setback requirement
as dwellings and other improvements. A fence atleast six (6) feet in heicht and canable ofbeing locked
shall surround at swimming DOOls.
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Section 7. Right Inspection The Architectural Control Committec, its agents and representatives, shall have the e right during reasonable hours to enter upon and inspect any Lot and improvement thereon for ther rpose of ascertaining whether the installation, construction, alteration or maintenance of any improvement or the use of any Lot or improvement is in compliance with the provisions ofthis Declaration; and the Architectural Control Committee shall not be deemed to have committed a trespass or other wrongful act solely by reason of such entry or inspection.
Lot, otherwise than in acc Section 8. Violation. Ifany improvement shall be crected, placed, maintained or altered upon any ce with the plans and specifications approved by the Architectural Control Committee pursuant to the! visions of this Article, such erection, placement, maintenance or alteration shall be deemed to have i ndertaken in violation of this Article and without the approval required herein. If in the opinion of the Architectural Control Committee such violation shall have occurred, the Architectural Control Comn ittee shall be entitled and empowered to enjoin or remove any such construction, and take any other action permitted by the By-Laws of the Association. Any costs and expenses incurred by the Architectural Control Committee in enjoining and removing any construction or improvements shall become a lien against the Owner's Lot in accordance with Article VIII. Additionally, the Architectural Control Committee shall be entitled to pursue all legal and equitable remedies.
Section 9. Fees. The Architectural Control Committee may impose and collect a reasonable and appropriate fee to cover the cost of inspections performed pursuant to Section 7 hereof, which such fee will be paid out of regular or special assessments established per Article VII hereof. The fee shall be established from time to time by the Architectural Control Committee
ARTICLE VI
USE RESTRICTIONS
Section 1. Residential Use. All Lots shall be used for single-family residential purposes exclusively. Except as hereinafter provided, no house, structure or other improvement shall be erected, altered, placed maintained or permitted to remain on any Lot other than one (1) detached single-family dwelling. No business or business activity shall be carried on or upon any Lot at any time except with the written approval of the Architectural Control Committee. Nothing contained herein shall prohibit Declarant from using any Lot owned by Declarant for the purpose of carrying on business related to the development and management of the Community.
Section 2. Signs. No commercial signs, except "for sale" signs for subdivision lots, shall be erected, placed or maintained on any Lot except as may be required by legal proceedings. Nothing herein shall be construed, however, to prevent Declarant from crecting, placing or maintaining upon any Lot, or permitting the erection, placing or maintaining upon any Lot by builders or residents, of such signs as Declarant may deem necessary or desirable during the period of the development, construction and sale
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of the Lots and residences constructed thereon. Also, the provisions of this Section shall not apply to any mortgagce who becomes the Owner of any Lot as purchaser at a judicia! or foreclosure sale conducted with respect to a first mortgage or deed to secure debt or as transferee pursuant to any procecding in lieu thereof.
Section 3. Mail Boxes, Property Identification Markers and Decorative Hardware, The Architectural Control Committee shall have the right to approve the location of all mailboxes. All mailboxes shall match, in style and shape as approved, by the Architectural Control Committee. If a replacement mailbox is needed, it shall be identical to the mailbox it is replacing and shall be approved, in writing, by the Association.
Section 4. Garbage Cans, Woodpiles, etc. All garbage cans, woodpiles, etc. shall be located or screened so as to be concealed from view of neighboring Lots, streets and property located adjacent to the Community. All rubbish, trash, and garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon. Only the garbage collection company selected by the Association shall be allowed to collect garbage in the development. No others shall be permitted to serve homes in the development.
Section 5. Prohibited Structures. No mobile home, house trailer, factory or manufacturer assembled homes, modular homes, tent, shack, bam, or other outbuilding or structure (except accessory buildings otherwise permitted hereunder) shall be placed on any Lot at any time, either temporarily or permanently; provided, however, house trailers, temporary buildings and the like shall be permitted for construction purposes during the construction period of residences or as one or more real estate sales offices of Declarant for the sale of property.
Section 6. Animals and Pets. No animals, livestock or poultry of any kind may be raised, bred, kept or permitted on any Lot, with the exception of dogs, cats or other usual and common household pets in reasonable number, provided that said pets are not kept, bred or maintained for any commercial purpose, are not permitted to roam free, and in the sole discretion of the Board of Directors, do not endanger the health, make objectionable noise or constitute a nuisance or inconvenience to the Owners of other Lots or the owner or any property located adjacent to the Community. Dogs which are household pets shall at all times, whenever they are outside a dwelling, be confined within a pen or on a leash. Dog house exterior colors and materials must relate to the exterior of the house. The structure should be screened from any view from surrounding roads, and be discrectly located so as to not cause a nuisance to neighbors. No exterior pens, dog runs, or any similar method of controlling household pets shall be erected or maintained on any Lot unless approved, in writing, by the Board of Directors.
Section 7. Incapacitated Motor Y chicles. No automobile or motor driven vehicle may be left upon any Lot for a period longer than five (S) days in a condition such that it is incapable of being operated upon the public highways. After such five (5) day period, such vehicle shall be considered a nuisance and detrimental to the welfare of the neighborhood and must be removed from the Community. Any towed
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vehicle, boat, motor home or mobile home regularly stored upon any Lot, or temporarily kept thereon for periods longer than twenty-four (24) hours each, shall be considered a nuisance and must be removed from the Community. The foregoing, however, does not apply to such boats or other vehicles, whether motordriven or towed, as are stored wholly within a private garage. No commercial vehicles may be parked. stored or temporarily kept within the Community, unless such vehicles are stored wholly within private with construction of improvements within the Community. garages, are within the Community temporarily to service existing improvements or are used in connection of any unclean, unhealthy, unsightly, or unkempt condition of buildings or grounds on his or her Lot or Lots Section 8. Nuisance. It shall be the responsibility of each Lot Owner to prevent the development No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any Lot that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any property adjacent to the Lot. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, the Owners thereof. unpleasant, or of a nature as may diminish or destroy the enjoyment of property in the neighborhood by
Section 9. Unsiehtly or Unkempt Conditions. The pursuit ofhobbies or other activitics, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken in any part of the Community.
Section 10. Antennas. No Owner shall erect, use, or maintain any outdoor antenna or other device for the transmission or reception of radio signals, or any form of electromagnetic radiation, whether attached to a building or structure or otherwise, without the prior written consent of the Architectural Control Committee; provided, however, no such approval shall be necessary to install: (a) antennas designed to receive direct broadcast satellite services, including direct-to-home satellite and high speed satellite internet services, that are one meter or less in diameter, or (b) antennas designed to receive video programming services via multi-point distribution services that are one meter or less diameter or diagonal measurement; Owners shall install any permitted antenna on the rear of the dwelling unless an acceptable quality signal cannot other wise be obtained. All permitted antennas shall be physically placed on the house however, Declarant and the Association shall have the rightto erect and maintain such devices or authorize only and no permitted antennas shall be placed on poles placed anywhere on the property. Provided. the erection and maintenance of such devices. Each owner acknowledges that this provision benefits all OWDETS. Section 11. Fireauns and Weaponry. The use of firearms and weaponry in the Community is
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prohibited. The term "firears" includes, without limitation, B-B guns, "paint-ball"' guns, pellet guns and archery cquipment.
Section 12. Air-Conditioning Units. No window air conditioning units may be installed.
Section 13. Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation shall be penitted on the exterior of any property. Exterior sculpture, fountains, flags and similar items must be approved in writing by the Association.
Section 14. Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot.
Section 15. Entry Features. Owners shall not alter, remove or add improvements to any entry features constructed or erected by the Declarant or the Association on any Lot, or any part of any easement area associated therewith, without prior approval of the Association.
Section 16. Window Treatments. In order to maintain the Community-Wide Standard, no flags, signs or other non-traditional window treatments shall be used which are visible from the exterior of any residential structure.
Section 17. Front Porches. In order to maintain the Community-Wide Standard, all furniture placed on front porches of any residential structure shall be traditional outside porch furniture. noncomplying furniture includes, but is not limited to, furniture designed to be housed inside a dwelling, small appliances such as refrigerators, temporary furniture such as cardboard boxes. The ARC reserves the right to remove any fumiture, which in the ARC's sole discretion, does not meet the criteria set forth herein, in accordance with the provisions contained herein in this Declaration
ARTICLE VII
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner of a Lot in the Community shall be a member of the Association. If title to a Lot is held by more than one person, each of such persons shall be members Membership shall be appurtenant to the Lot to which it appertains and shall be transferred automatically. Notwithstanding the above, each Lot shall be entitled to one (1) vote in the Association.
Section 2. Amplification. The provisions of this Article are to be amplified by the Articles of Incorporation and By-Laws of the Association provided, however, that no such amplification shall substantially alter or amend any of the rights or obligations of the Owners of Lots as set forth herein. In the event of any conflict or inconsistencies among this Declaration, the Articles of Incorporation orthe ByLaws of the Association, this Declaration and the Articles of Incorporation (in that order) shall prevail
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ARTICLE VIII
ASSESSMENTS
Assessments against the Lot Owners shall be made to raise funds to pay the common expenses of the Property, and contribute a pro rata share of the maintenance of the common areas of the Community and shall be governed by the following provisions:
(a) Liability, Each Lot Owner shall be liable to the Association for all sums as are lawfully assessed by the Association against him or his Lot or Lots in accordance with the terms and provisions of this Declaration and Articles of Incorporation and By-Laws. In addition to exercising the remedies provided for herein, the Association may enforce such liability by an action at law to recover all amounts assessed against each unit owner in accordance with the provisions of this Declaration.
(b) Creation of the Lien and Personal Obligation for Asscasment. Each owner of any Lot by acceptance of a deed or other conveyance thereof, whether or not it shall be expressed in any such deed or other conveyance, covenants and agrees to pay to the Association assessment which shall be fixed, established, and collected as herein provided; however, nothing contained herein shall be construed to obligate Declarant to pay assessments on lots prior to the sale of said Lots.
(c) Linifor Rate ofAssessment, All annual assessments shall be fixed at a uniform rate for all Lots except as follows:
(I) Any common expenses benefitting less than all of the Lots, may be specially assessed equitably among all of the Lots so benefitted, as determined by the Board; and
(ii) Any common expenses occasioned by the conduct of less than all of those entitled to occupy all of the Lots or by the licensees or invitees of any such Lot or Lots may be, specially assessed against the Lot or Lots, the conduct of any occupant, licensee or invitee of which occasioned any such common expenses; and
(il) Any common expenses significantly disproportionately benefitting all of the Lots should be assessed equitably among all of the Lots in the Community as determined by the Board; and
(iv) Lots owned by Declarant shall not be assessed prior to Declarant's sale of said Lots to third partics.
Nothing contained herein shall permit the Association to specially or disproportionatcly allocate common expenses for periodic maintenance, repair and replacement of any portion of the common area
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or the Lots which the Association has the obligation to maintain, repair, or replace.
(d) Purpose. Assessments shall be levied against the Lot owners and the Lots to defray the common expenses of the Property. The common expenses of the Property shall be all of the expenditures which are made or incurred by or on behalf of the Association in connection with the exercise of its powers and responsibilities, and shall include but not be limited to the following:
(I) the managerent fee, if any, and expenses of administration of the Association;
(ii) the expense of performing the maintenance and any necessary restoration or repair of roadways, alleys, curbing, roadway landscaping, entrance landscaping, and landscaping of traffic islands, pool house, common area fencing, gates, entrance gates, community lighting, pool or tennis courts;
(iii) common utility bills and charges for other common services, including but not limited to water and power;
(iv) premiums for all insurance policies maintained by the Association;
(v) the expenses of performing the maintenance, repair, renovation, restoration and replacement work which is the responsibility of the Association hereunder;
(vi) such other costs and expenses as may be determined from time to time by the Board of Directors to be common expenses; and
(vii) the creation and maintenance of such reserve funds as are required to be maintained by the Association under Article VIII herein, and such other reserve funds as the Board of Directors shall determine, including but not limited to a reserve for repairs and maintenance.
(e) Budget, Payment Dates. No less than thirty (30) days prior to the commencement of each fiscal year of the Association, the Board of Directors shall adopt a budget for the succeeding fiscal year, which budget (I) shall estimate the amount of common expenses which are anticipated to be incurred during such year, and (ii) shall make provision for an adequate reserve fund for maintenance, repair and replacement of those portions of the common elements that must be replaced on a periodic basis. Prior to the commencement of such fiscal year, the Board of Directors shall furnish a copy of such budget to each Lot Owner, together with a written statement of the amount of such common expenses which shall be assessed against such-Lot Owner for such fiscal year. Unless otherwise determined by the Board of Directors, such assessment shall be due on January 1 of each year. The Board of Directors shail be authorized to prorate the annual assessment into twelve monthly or four quarterly installments. In addition, any fees, charges, and other amounts payable by any Lot Owner to the Association shall be added to and aball, unless paid at the time the same are incurred or at some other time determined by the Board of Directors, be due and payable as part of the installment of the assessment next coming due.
(f) Special Assessments. If for any reason, including nonpayment of any Lot Owner's assessments,
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an annual budget adopted by the Board of Directors for any fiscal year proves inadequate to defray the common expenses for such fiscal year, the Board of Directors may, at any time, levy a special assessment to raise the additional funds necessary to defray such common expenses, which special assessment shall be due and payable at such time and in such installments as the Board of Directors shall determine Additionally, the Board of Directors shall be authorized to levy special assessments under the circumstances described in this Declaration.
(g) Special Assessments for Capital Improyements. In addition to the assessments which shall be levied against the Lot Owners, the Board of Directors shall be authorized, upon the affinnative vote of 75% of the Lot Owners entitled to cast votes, to levy a special assessment for the purpose of defraying, in whole or in part, the costs of any capital improvements to be made upon the common elements, or for the costs of making repairs or replacements which are not provided for in then current budget of the Association. Any such special assessments for the capital improvements and repairs shall be payable at such time and in such installments as the Board of Directors shall determine.
(h) Collection. In addition to all other remedies provided by law, the Association may enforce collection of the assessments for which a Lot Owner is liable, together with all other amounts as may be owed by such Lot Owner to the Association, as hereinafter provided.
(i) In the event that any Lot Owner shall fail to pay any installment of any assessment levied against him within ten (10) days after such installment shall be due and payable and the payment of, and shall pay, in addition to the amounts so due the Association:
(ii) In the event that any Lot Owner shall fail to pay within five (5) days after the same shall be due, any amounts due and payable to the Association, such Lot Owner shall be liable for the payment of, and shall pay, in addition to the amounts so due the Association:
so due, whichever is the greater; (a) A late charge equal to Ten ($10.00) Dollars or ten (10%) percent of the amount
(b) interest on the amount so due, and the aforesaid late charge appertaining thereto, from the dute same were due and payable, at the rate of ten (10%) percent per annum, until paid; and
(c) the cost of collection, including court costs, the expenses of sale, any expens required for the protection and preservation of the Lot, and reasonable attomey's fees actually incurred;
(d) in the event the Association shall seek to foreclose its lien on the Lot of such owner, the fair rental value of the Lot from the time of the institution of suit until sale of the unit at foreclosure (or until the judgment rendered in such suit is otherwise satisfied).
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(iii) All sums lawfully assessed by the Association against any Lot Owner or Property Owner's Association Lot, whether for the share of the common expenses pertaining to that Lot, fines, or otherwise and all reasonable charges made to any Lot Owner or Lot for material furished or services rendered by the Association at the Owner's request to or on behalf of the Lot Owner or Lot, shall, from the time the sums become due and payable, 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 except:
(a) Liens for ad valorem taxes on the Lot;
(b) The lien of any first priority mortgage covering the Lot and the lien of any mortgage recorded prior to the recording of the Declaration; or
(c) The lien of any secondary purchase money mortgage covering the Lot, provided that neither the grantee nor any successor grantee of the mortgage is the seller of the Lot.
The recording of this Declaration shall constitute record notice of the existence of the lien and no further recordation of any claim of lien for assessment shall be required.
(iv) The rightsof a Lot Owner and all persons entitled to occupy the Lot of such owner, to use the common elements shall be suspended for the period of time any amount due and owing to the Association in regard to auy Lotowned by such owner shall remain unpaid; provided, however, that no such suspension shall deny any Lot Owner, or the occupants of any Lot, access to the Lot owned or occupied, nor cause any hazardous or unsanitary condition to exist.
(I) Fee for Statements of Amounts Due. The Association may require the payment of a fee, not Declaration. to exceed Ten ($10.00) Dollars as a prerequisite to its issuance of any statement pursuant to the Act or this
() Mandatory Fee. All annual assessments shall be fixed at a uniform rate for all Lots. The Initial Annual Assessment shall be set at Five Hundred and No/100 Dollars ($500.00). This annual Assessment shall be paid in advance no later than January 15 of each calendar year. The Initial Annual Assessment for each Lot shall be prorated for the year in which the sale occurs and shall be collected at closing. Each Lot Owner at the purchase of the Lot from Declarant or from the builder shall pay a one time capital contribution of Threc Hundred Fifty and no/100 Dollars ($350.00) to the Association for the creation of the reserve fund required by Section 1413.1.e. of the Zoning Regulations of Oconec County, Georgia.
ARTICLE IX
INSURANCE
Insurance (other than title insurance) which shall be obtained by the Association shall be governed by the following provisions:
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(a) Tyues of In nce. The Association shall obtain and maintain the following insurance policies: minimum, fire and ex eril casualty insurance policy covering the common elements, providing as a coverage, vandalism and malicious mischief, on a replacement cost basis in an amount not less than 100% of the full replacement cost of the common elements within the Community. The name of the insur Homeowner's A such casualty insurance policy shall be stated as follows: "Cobbiestone Park Oconee County, Georgia on, Inc., for the use and benefit of the individual Lot Owners in Cobblestone Park,
The amount of ooverage of such casualty insurance policy shall be readjusted by reappraisal or reevaluation of the insured property, not less frequently than once every five years. Such casualty insurance policy shall contain the standard mortgagee clause which shall be endorsed to provide that any proceeds shall be paid to the Association for the use and benefit of mortgagees as their interest may appear.
(ii) A comprehensive policy of public liability insurance covering all of the common elements. Such liability insurance policy shall contain a severability of interest endorsement which shall preclude the insurer from denying the claim of a Lot Ownur because of the negligent acts of the Association or other Lot Owners. Such liability insurance policy shall cover the Association, the Board of Directors, the officers of the Association, all agents and employees of the Association, and all unit owners and other persons entitled to occupy any Lot or other portion of the Property, shall be for at least $500,000.00 for injury including death to a single person, $1,000,000.00 for injury or injuries, including death, arising out of a single occurrence and $50,000.00 for property damage, with a cross liability endorsement to cover the Lot Owners as a group and shall include protection for damage to the property of others.
(iii) Such other insurance policies as the Board of Directors shall deem desirable for the beneft of the Association, its Officers and Directors or the Lot Owners.
(b) Minimum Qualifications of Insurance Cartists. Each policy of insurance which the Association is required to maintain under the provisions of this Declaration shall be written by a hazard insurance carrier transact business within the State of Georgia. which has a financial rating by Best's Insurance Reports of Class A: VI or better and which is licensed to (c) Minimum Qualifications of Insurance Policies. All policies of insurance which the Association is required to maintain under the provisions of this Declaration shall (a) not allow contributions or assessments to be made against the owner of any Lot, or the holder of any mortgage upon any Lot, (b) not allow loss payments to be contingent upon any action by the insurance carrier's board of directors, policyholders, or members, (c) not include any limiting clauses (other than insurance conditions) which could prevent any Lot Owner or the holder of any mortgage upon any unit from collecting insurance proceds, and (d) contain or have attached a mortgage clause which provides that the insurance carrier shall notify in writing all holders of first lien mortgages on any of the units at least ten (10) days in advance of the effective date of any reduction in, cancellation, or non-renewal of such policies.
In no event shall any recovery or payment under the insurance coverage obtained and maintained by the Association be affected or diminished by insurance purchased by individual Lot owners or
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coverage in such a way as to decrease the amount which it may have in force on the Property at any mortgagees, and no Lot Owner shall be entitled to exercise his right to maintain any additional insurance particular time.
paid on account of damages to or destruction of any portion of the common elements shall be held by the (d) Proceeds on Account of Damage to Common Elements. Insurance proceeds which shall be rebuilding the portion of such common elements so damaged or destroyed, as provided in this Declaration. Association in a construction fund, which shall be used for the purpose of repairing, reconstruction or Ifit shail be determined in accordance with the provisions of this Declaration not to repair, reconstruct or rebuild the portion of the common elements so damaged or destroyed, then the insurance proceeds paid be used to clean up and landscape the common elements as necessary in view of the fact that such part of on account of the occurrence of such damage or destruction to such portion of common elements shall first the common clements is not to be repaired, reconstructed or rebuilt, and the remaining insurance proceeds shall be disbursed to the Lot Owners proportionately, such disbursement to be made payable jointly to the Lot owners and their mortgagees. Notwithstanding anything contained in this Declaration, the Articles of Incorporation, the Bylaws, or the Act which may be construed to the contrary, in no event shall any deemed to be common profits. insurance procceds paid to the Association on account of the occurrence of any fire or other casualty be
ARTICLE X
DAMAGE TO OR DESTRUCTION OF COMMON ELEMENTS
all or any portion of the common elements shall be governed by the following provisions: Repair, reconstruction or rebuilding of the common elements following damage or destruction to to, or destruction of any portion of the common elements, the Board of Directors shall obtain reliable and (a) Estimates ofthe cost of repair. As soon as practicable following the occurrence of any damage detailed estimates of the cost of repairing and restoring such portion of the common elements so damaged or destroyed to substantially the same condition as such portion of the common elements were in prior to the occurrence of such damage and destruction and shall proceed with the filing and adjustment of all claims arising under insurance maintained by the Association as a result of such damage or destruction. common elements will be repaired, reconstructed, or rebuilt unless the owners of the Lots to which 75% (b) Determination to Repair. Reconstruct, or Rebuild. Any damage to, or destruction of the of the votes in the Association are allocated shall determine within 45 days after the occurrence of the casualty not to repair, reconstruct, or rebuild the same. be made as a result of damage by fire or other casualty shall be made in accordance with the following (c) Manner of Repair. Reconstruction, or Rebuilding. All repairs, reconstruction, or rebuilding to provisions:
(1) The damage shall be repaired, reconstructed, or rebuilt substantially in accordance with
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AC091 the plans and specifications for such damaged property prior to the occurrence of such damage; elements, the damage to or destruction of which cause the payments of insurance benefits under insurance (ii) All of the work of repairing, reconstruction, or rebuilding any portion of the common which, in discharging such supervisory responsibility, shall be aathorized to employ such building policies maintained by the Association, shall be performed under the supervision of the Board of Directors supervisors and architects as the Board of Directors shall deem to be in the best interest of the Association. rebuilding any portion of the common elments which shall be damaged or destroyed shall be paid with any (d) Cost of Repairs. Reconstruction, or Rebuilding. The cost of repairing, reconstructing, or such insurance proceeds are not sufficient to defray such cost of repair, reconstruction, or rebuilding, then insurance proceeds which shall be paid to the Association on account of such damage or destruction. If excess funds necessary to defray such cost. the Board ofDirectors may levy a special assessment against all of the Lot Owners and Lots to raise the
ARTICLE XI
General Provisions
the Architectural Control Committee, its members, agents, employces and any management company Section 1. Easements for Architectural Cootrol Committee. There is hereby created in favor of inspect and to perform the duties of maintenance and repair of the Lots, as provided for herein. retained by the Architectural Control Committee, an easement to enter in or to cross over the Lots to assigns, agents, employees, contractors and sub-contractors, the following casements and rights-of-way Section 2. Easements for Declarant. Declarant hereby reserves for himself, his successors and part of the Additional Property for so long as Declarant owns any Lot primarily for the purpose of sale or in, on, over, under and through any part of the Community as well as in, on, over, under and through any so long as Declarant retains the right to submit the Additional Property to the Provisions of this Declaration pursuant to Article Il hereof, whichever is longer: necessary or proper attachments in connection with the transmission of clectricity, gas, water, telephone, (a) For the erection, installation, construction and maintenance of wires, lines and conduits, and community antenna, television cables and other utilities;
(b) For the construction of improvements on the Lots;
sewers, and for any other public or quasi-public utility facility; (c) For the installation, construction and maintenance of storm-water drains, public and private Lots; and (d) For use as sales offices, model lots and parking spaces in connection with his efforts to market
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to the completion, improvement and sale of Lots (e) For the maintenance of such other facilities and reasonably required, convenient or incidental Board of Directors, its members, agents, employees and contractors, an easement to enter upon, enter in Section 3. Easements for the Association. There is hereby created in favor of the Association, its or cross over the Lots for the purpose of providing the maintenance required by the Associanon in this Declaration and for the purpose of constructing sidewalks as specified in Article V, Section 6(m) hercin. including Declarant, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, Section 4. Enforcement. The Architectural Control Committee, the Association, or any Owner, conditions, covenants, reservations, easements, liens and charges now or hereafer imposed by the provisions of this Declaration. Failure by any person to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafler. Section 5. Duration. The Provisions of this Declaration shall run with and bind the land and shall be and remain in effect perpetually to the extent permitted by law. Provided, however, so long as Georgia law limits the period during which covenants restricting lands to certain uses may run, any provisions of this Declaration affected thereby shall run and bind the land so long as permitted by such law and such provisions may be renewed or extended in whole or in part beyond the initial period permitted by such law for successive periods not to exceed the period permitted by such law provided such renewal or extension is approved by at least eighty percent (80%) of the Lot Owners. Every Purchaser or crantee of any interest in any real property subiect to this Declaration, by acceptance or a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section
Section 6. Rights of Mortgages. In addition to the rights elsewhere provided, each mortgagee of National Mortgage Association, Federal Home Loan Mortgage Corporation. the Veterans Administration a Lot, or purchaser or insurer of a mortgage on any Lot subject to this Declaration, including Federal and the Federal Housing Administration shall (a) be entitled to written notice from the Association of any default by an owncr in the performance ofhis obligations under the Declaration which is not cured withir 30 davs: (b) be entitled to attend and observe all meetings of Owners. but not meetings of the Association's Board of Directors: (c) be furnished copies of annual financial reports made to the owners: (d) be entitled to inspect current copies of the Declaration, Articles of Incorporation, By-Laws, Rules and Regulations books records and financial statements of the Association durine noral business hours: (e) be entitled to written notice from the Association of any lapse, cancellation, or material modification of anv insurance policy or fidelity bond maintained by the Association; (f) be entitled to written notice from the Association of any condemnation or casualty loss that affects a material portion of the Community, or the Lot securins its mortgage and (2) be entitled to timely written notice of any proposed action which would reouire the consent of a specified percentage of mortgagees; provided, however, that such mortgagee or purchaser orinsurer of such morteare shall first file with the Association a written request that such notices be sent to a named agent or renresentative of the mortgagec at an address stated in such notice.
Section 7. Amendment. This Declaration may be amended unilaterally at any time and from time
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to time by Declarant (I) if such amendment is necessary to bring any provision hereof into compliance with any applicable govermental statute, rule or regulation or judicial determination which shall be in conflict insurance coverage with respect to the Lots subject to this Declaration, (ii) if such amendment is required therewith, (ii) if such amendment is necessary to enable any reputable title insurance company to issue title Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such by an institutional or govermental lender or purchaser of mortgage loans, including, for example, the if such amendment is necessary to enable any govemental agency of reputable private insurance company lender or Purchaser to make or purchase mortgage loans on the Lots subject to this Declaration, or (iv) provided that any amendment which adversely affects the title to any Lot must be approved by the Owner to insure mortgage loans on the Lots subject to this Declaration to the contrary herein, it is expressly of such Lot in writing.
All amendments other than those specified hereinabove shall be adopted as follows: Declaration. Notwithstanding anything to the contrary herein, it is expressly provided that any amendment (i) At least seventy-five (75%) percent of the Lot Owners shall be necessary to amend this which adversely affects the title to any Lot must be approved by the Owner of such Lot in writing. Declarant, or the Association, may call a meeting of the Lot Owners to consider such an amendment and (il) The proposed amendment may be proposed by either the Lot Owners or Declarant. The Lot Owners. If a meeting of the Lot Owners is called to consider such an amendment, the time within shall be required to call such a meeting upon a petition signed by at least twenty-five (25%) percent of the the quorum required for the transaction ofbusiness at such meeting shall correspond to the requirements which and the manner by which notice of such meeting shall be given, the authorized use of proxies, and for meetings of the Association.
affirmative vote, written consent, or a combination thereof. A meeting of the Lot Owners shall not be (iii) The consent of the Lot Owners required to approve said amendments shall be obtained by required consent of Declarant shall be in writing. required in the event that the requisite approval of the Lot owners is obtained by written consent. The title, interest or privilege herein granted or accorded to the holder of any mortgage affecting any Lot unless No amendment to the provisions of this Declaration shall alter, modify, change or rescind any right, thereby shall be filed with such amendment. Every purchaser or grantee of any interest in any real property such holder shall consent thereto in writing. The written consent thereto of any mortgage holder affected now or hereafter subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that this Declaration may be amended as provided in this Section. No amendment shall become effective until filed with the Clerk of the Superior Court of Oconee County, Georgia. shall be construed together and given that interpretation or construction which will best effect the intent of Section 8. Interpretation. In all cases, the provisions set forth or provided for in this Declaration shall be so extended or enlarged by implication as to make them fully effective. the general plan of development. The provisions hereof shall be liberally interpreted and, if necessary, they
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Section 9. Gender and Grammar. The singular whenever used herein shall be construed to mean the plural when applicable, and the use of the masculine pronoun shall include the neuter and feminine.
Section 10. Sevetability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable.
Section 11. Captions. The captions of each Article and Section hereof as to the contents of each Article and Section are inserted only for convenience and are in no way to be construed as defining, limiting, extending or otherwise modifying or adding to the particular Article or Section to which they refer.
Section 12. Term. These covenants are to run with the land and shall be binding on all parties and all Persons under them in perpetuity as provided in O.C.G.A. § 44-3-234. The portion of these covenants concerning the repair and maintenance of Cobblestone Way, Cobblestone Lane and Cobblestone Drive may not be rescinded or deleted unless such roads shall be conveyed to and accepted by Oconce County as public roads or other provisions have been made for the repair and maintenance of such roads that are binding on all Lot Owners in COBBLESTONE PARK SUBDIVISION.
IN WITNESS WHEREOF, the undersigned, being the Declarant hereir as executed this instrument under its seal this " day of_Macut, 2005
COBBLESTONE ATHENS PARTNERS, LLC
or: MAYA _(SEAL)
Signed, sealed and delivered in the
presence of:
Keler & Pete 400n Sonnel
Witness