Belle Woode Covenants

Deed Doc: COVE

Kecorded 10/03/2005 05:00PM

KATHY K. TROST

CLERK SUPBRIOR COURT, WALTON COUNTY Bk 02310 P. 0057-0076

After Recording, please return to: HOMEMAX OF GEORGIA, LIC

P.O. Box 359 Jersey, Ga. 30018

STATE OF GEORGIA

COUNTY OF WALTON

DECLARATION OF COVENANTS, CONDITIONS AND

RESTRICTIONS FOR

BELLE WOODE ESTATES SUBDIVISION

This Declaration is made on the date hereinafter set forth by GRATIS, LLC, as Developer of BELLE WOODE ESTATES SUBDIVISION, and HOMEMAX OF GEORIGA, LIC, an Owner of property in BELLE WOODE ESTATES SUBDIVISION, hereinafter referred to as "Declarants".

WITNESSETH

WHEREAS, Declarants are the Developer and Owners of certain real property lying and being in Land Lot 175, 3rd District, 454th GMD, Walton County, Georgia, known as BELLE WOODE ESTATES SUBDIVISION, consisting of fifty-six (56) lots, Open Areas, and other amenities, as more fully shown on a plat of survey of such SUBDIVISION, prepared by Von Itter & McGee, Inc., certified by Robert W. Von Itter, Registered Professional Land Surveyor No 2251, date May 25, 2005, recorded in Plat Book 96, page 139, Clerk's Office, Walton Superior Court, which is incorporated herein and made a part hereof by reference for a more complete description of such Property; and

WHEREAS, Declarants intend to establish on said lands, including the real property

described above, a development to be known as BELLE WOODE ESTATES SUBDIVISION (hereinafter referred to as the "Development"'); and

WHEREAS, Declarants have caused the Association (as hereinafter defined) to be formed as a non-profit civic organization to perform certain functions for the common good and general welfare of the Owners (as hereinafter defined);

NOW, THEREFORE, the Declarants hereby declare that all of the Property described above shall be held, sold and conveyed subject to this Declaration of Covenants, Conditions and Restrictions, which is for the purpose of enhancing and protecting the desirability and attractiveness of, and which shall run with the real property, and be binding on all parties having any right, title or interest in the described property or any part thereof, and shall subject to all limitations herein provided, insure to the benefit of each Owner, Owner's heirs, executors, administrators, legal representatives, grantees, distributies, successors and assigns and to the benefit of the Association

ARTICLE I

DEFINITIONS

The following words, when used in the Declaration of Covenants, Conditions and Restrictions, shall have the following meanings:

Additional Property. "Additional Property" means any additional property which may be added to the Property and made subject to this Declaration pursuant to Article X hereof.

Association. "Association means BELLE WOODE ESTATES Homeowners Association, a non-profit

corporation organized under the Georgia Nonprofit Corporation Code, its successors and assigns.

1.03 Board. "Board" or "Board of Directors": means the board of directors of the Association.

1.04 By-Laws. "By-Laws": The by-laws of the Association.

1.05 Common Property. "Common Property" means all real and personal property now or hereafter owned by the

Association or in certain instances over which the Association has been granted permanent easements, for the common use and enjoyment of the Owners.

1.06.1 Declarants. "Declarants" mean (i) GRATIS, LLC, as Developer of BELLE WOODE ESTATES

SUBDIVISION, and HOMEMAX OF GEORGIA, LLC, an Owner of Property in BELLE WOODE ESTATES SUBDIVISION, and their successors and assigns, or (it) any successor in title to all or some portion of the Property or the additional Property, provided such successor in title shall acquire such property for the

purposes of development or sale, and provided further, that in a written instrument, such successor in title is expressly assigned all rights, privileges and options herein reserved to Declarants by the Declarants as

hereunder defined at the time of such conveyance; or (iii) should any of the property or the additional property become subject to a first mortgage given by Declarants as security of the repayment of a development loan then all the rights, privileges and options herein reserved to the declarants shall inure to the benefit of the holder of such first mortgage upon its becoming the actual owner of the property and additional property then subject to such first mortgage through a judicial foreclosure or sale made pursuant to any power of sale contained in such first mortgage or by a transfer by deed in lieu of foreclosure. All rights, privileges and options herein reserved to the declarants may be transferred to the successor in title of any such acquired property, provided any such successor in title shall acquire for the purpose of development or sale, all or some portion of such property, and provided further, that in a written instrument, such successor in title is expressly assigned all rights, privileges and options herein reserved to Declarants by the Declarants as hereunder defined at the time of such

conveyance.

1.07 Developer. "Developer" means GRATIS, LLC.

Lot. "Lot" means any numbered parcel of land together with improvements thereon shown upon the plat of survey, recorded in Plat Book 96, Page 139, Walton County, Georgia Records, or as similarly shown on supplemental surveys of such tract or such additional tracts or such additional tracts as may be added to the Property from time to time, as provided however, that no portion of the Common Property shall ever be a lot

1.09 Member. "Member" means any member of the Association.

1.10 Owner. "Owner" means the record owner (including Declarants) whether one or more persons or entities, of a fee simple title to any Lot, provided, however, that where fee simple title has been transferred and is being held merely as security for the payment of a loan, the person or entity who would own the Lot in fee simple if such loan were paid in full shall be considered the Owner.

1.11 Property. "Property" means that certain real property (other than Common Property) hereinabove described together with such additional real property as the Declarants may acquire and subject to the provisions of this Declaration of Covenants, Conditions and Restrictions in accordance with the provisions of Article X hereof. Restrictions. "Restrictions" means all covenants, restrictions, easements, charges liens and other obligations created or imposed by this Declaration.

Structure. "Structure" means:

any thing or object the placement of which upon any Lot may affect the appearance of such Lot, including by way of illustration and not limitation, any building or part thereof, garage, porch, shed, greenhouse or bathhouse, coop or age, covered or uncovered patio, swimming pool, fence, curbing, paving, wall, tree, shrub, sign, signboard, temporary or permanent living quarters (including any house trailer) or any other temporary or permanent improvement to such Lot:

any excavation, grading, fill, ditch, diversion dam or other thing or device which affects or alters the natural flow or surface waters from, upon or across any Lot, or which affects or alter the low of any waters in any natural or artificial creek, stream, wash or drainage channel from, upon oi any change in the grade at any point on a Lot of more than six (6) inches, whether or not subsection (b) of this Section 1.12 applies to such change.

ARTICLE II

COMMON PROPERTY

Conveyance of Common Property.

The Declarants may from time to time convey to the Association or grant easements to the

Association, at no expense to the Association and in accordance with this Section, real and personal property for the common use and enjoyment of the Owners (such real and personal property is hereinafter collectively referred to as "Common Property") and, to the extent set forth in this Declaration of Covenants, Conditions and Restrictions, the general public. The Association hereby covenants and agrees to accept from the Declarants all such conveyances of Common Property.

It is contemplated by the declarants that the Declarants will convey to the Association Common Property for scenic and natural area prescrvation and for general recreational use. The Declarants may, al Declarants' sole discretion, modify, alter, increase, reduce or otherwise change the Common Property

contemplated to be conveyance of such Common Property to the Association.

In addition to the property described in subsection (b) of Section 2.01, the Declarants may convey to the Association such other real and personal property as the Declarants may determine to be necessary or proper for the completion of the Development.

(d) Notwithstanding any legal presumption to the contrary, the fee title to, and all rights in, any portion of the Property owned by the Declarants and designated as Common Property or designated for public use shall be reserved to the Declarants until such tie as the same shall be conveyed to the Association or to any

municipality or other govermental body, agency or authority.

Right of Enjoyment. Every Owner shall have a right and cascment to use and enjoy the Common Property in accordance with these Restrictions and subject to the rules and regulations which may be adopted by the Association, which right shall be appurtenant to and shall pass with the title to every Lot upon transfer;

provided, however, that no Owner shall do any act which interferes with the free use and enjoyment of the Common Property by all other Owners. The Association may permit persons who are not owners to use and enjoy any part or all of the Common Property subject to such limitations, and upon such terms and conditions, as it may from time to time established. The right and easement of enjoyment granted or permitted by the Section is subject to suspension by the Association as provided in Sections 2.03(c) and 3.06.

2.03 Rights of the Association. The rights and privileges conferred in Section 2.02 hereof shall be subject to the right of the Association acting through the Board to:

(a) promulgate rules and regulations relating to the assignment, use, operation and maintenance of the Common Property;

(b) charge reasonable fees in connection with the admission to and use of facilities or services; provided that in setting any such fee the Board may establish reasonable classifications which shall be uniform within each such class but need not be uniform between such classes;

(c) suspend, pursuant to Section 3.06, the voting rights of any Member and the right of enjoyment granled or permitted by section 2.02;

(a) grant casements or rights of way over Common Property to any municipality or other governmental body, agency or authority; to any quasi-public agency or to any utility company or cable television system; (e) enforce all applicable provisions of valid agreements of the Association relating to the common borrow money for the purpose of carrying out the activities of the Association, including the

acquisition, construction, improvement, equipping and maintenance of Common Property, and in aid thereof to encumber by deed to secure debt, mortgage or other security interest, any or alf of the Association's property including Common Property and revenues from assessments, user fees and other sources;

(g) dedicate or transfer all or any part of the Common Property or interests therein to any municipality or other govemmental body, agency or authority for such purposes and subject to such provisions and conditions as may be agreed upon the Association and such grantee, including a provision that such property or interest held by ant such municipality or authority shall cease to be subject to this Declaration or all or any part of the Restrictions.

(h) to sell, lease or otherwise dispose of all or any part of its properties and interests thercin; provided, however that the Association shall not sell, encumber by security interest, convey, dedicate or transfer any Common Property or interest therein without the approval of two-thirds(2/3) of each class of members.

2.04 Types of Common Property. _At the time of the conveyance of any real property or grant of easement by the

Declarants to the Association to be used as Common Property, the Declaration shall designate in the deed of conveyance or easement that such real property is to be Common Property, and further may designate in the deed of conveyance or easement the specific or general purpose or purposes for which such real property or any portion thereof may be used, and in such event, such real property or portion thereof shall not, with out a two-thirds (2/3) vote of each class of Members of the Association, be used for any different purpose or

purposes.

(a) It is contemplated that cert ain casements for the erection and maintenance of entrance monuments, subdivision signs, walls, fences and other structures intended to provide privacy to Owners within the Development will be reserved by the Declaration and set forth on plats of survey of the Development recorded in the County Records. Such easements shall be perpetual in duration and shall include the right to erect, maintain, rep air, replace and re-erect any such structures within the easement areas, as well as the right to plant gr , plants, flowers, shrubs and trees; to tend and garden same, and to generally landscape the area within said easements to keep them clean, attractive and uniform in appearance for the benefit of all Owners taking title to any Lot upon which such an easement lies will take title subject to the easement rights set forth herein, as well as such rights as may be set forth in the deed conveying such easement to the Association. Such easements shall be common property.

(b) Encroachment Easements. If any buildings or other improvements initially constructed on any of the

Lots, including without limitation, any eaves, roof overhangs, balconies, siding, porches, or other structures which may be attached to the walls and roof of such buildings, and which may encroach onto or over or extend into the air space of any portion of the Common Property, or conversely, if any such improvements initially constructed on the Common Property encroach onto or over portions of any Lot, a valid easement for the encroachment and for the maintenance, repair and replacement thereof, shall exist so long as the encroachment exists.

2.05 Delegation of Use. Any Owner may delegate his right to use and enjoy the Common Property to the members of his family, his social invitees or his tenants who reside on a lot. Tenants who reside on a Lot shall have the

same rights of delegation as an Owner. Any delegation of rights must be made in accordance with the By-laws and will be subject to reasonable regulation by the Board and in accordance with procedures it may adopt.

ARTICLE III

THE HOMEOWNERS: ASSOCIATION.

3.01 Purposes, powers and duties of the Association. The Association shall be formed as a non-profit civic

organization for the sole purpose of performing certain functions for the common good and general welfare of the residents of the Development. To the extent necessary to carry out such purpose, the Association shall have all of the powers of a corporation organized under the Georgia Nonprofit Corporation Code and shall have the power and duty to exercise all of the rights, powers and privileges and to perform all of the duties and

obligations of the Association as set forth in this declaration.

3.02 Membership in the Association, Every owner shall automatically be a member of the Association and such membership shall terminate only as provided in this Declaration of Covenants, conditions and Restrictions.

3.03 Voting rights. Subject to the following provisions of this Section 3.03, the Association shall have two classes of voting membership: Class A and Class B

(a) Class A. Every person who is an Owner, with the exception of the Declarants except as otherwise sel forth herein, shall be a Class A member and shall be entitled to one vote for each Lot owned. When more that one person is a Class A member by virtue of an ownership interest in the same Lot, the vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any Lot. In the event of disagreement among such persons and an attempt by two or more of them to cast the vote of such Lot, such persons shall not be recognized and the vote of such Lot shall not be counted. The membership of Class A members shall automatically terminate upon the members' sale of his Lot.

No termination of Class A membership shall affect such members' obligation to pay assessments, as hereinafter provided for, due and payable for any period prior to the date of such termination, ad there will be no refund for assessments paid for periods falling after the date of such termination.

(b) Class B. The Declarants shall be the sole Class B members. Class B membership shall be a full voting membership and during its existence the class B members shall be entitled to vote on all matters and in all events. The Class B members shall be entitled to three (3) votes for each Lot owned. The Class B memberships shall cease and shall be converted to Class A membership at such time as the first of the following events occur: (1) the expiration of five (5)years from the date of recording of this

Declaration; (2) the date three-fourths (3/4) of the Lots which may be developed on the Property and on the Additional Property shall have been conveyed by either Declarants or by a builder who

purchased the Lot from Declarants for the purpose of erecting a dwelling thereon, to an individual Owner or Owners for residential occupancy; or (3) the surrender by the Declarants of the authority to appoint and remove members of the Board of the Association by however, that so long as any

Mortgagee of Declarants hold a security interest in any portion of the Property as security for a

Development Loan to Declarants, the Class B membership shall not terminate without the prior

written consent of such Mortgagee. If at the time of termination of the class B membership Declarants still own any Lots, then as to each such Lot, Declarants shall be deemed to be Class A members.

3.04 Board of Directors and Officers.

(a) Board. The affairs of the Association shall be managed by a Board of Directors. The number of directors and the method of election of directors shall be as set forth in this Declaration and in the Bylaws of the Association. Except to the extent otherwise expressly required or authorized by the

Georgia Nonprofit Corporation Code or this Declaration, the Association's By-laws or Articles of Incorporation, the powers inherent in or expressly granted to the Association may be exercised by the Board, acting through the officers of the Association, without any further consent or action on the part of the Members.

Officers. The number of officers and the method of election of officers shall be as set forth in this

Declaration and the By-laws of the Association. Notwithstanding any other language or provision to

the contrary in this declaration, in the Articles of Incorporation, or in the By-laws of the Association,

officers of the Association shall be appointed by the Board until such times as Declarants no longer

Casting of Votes. The votes of the members shall be cast under such rules and procedures as may be

prescribed in this Declaration or in the By-laws of the Association, as amended from time to timc, or

3.05 Board of Directors. The affairs of the Association shall be managed by a Board of Directors. The number of

Directors and the method of election of Directors shall be as set forth in this Declaration and the By-laws of the

Association.

3.06 Suspension of Membership. The Board may suspend the voting rights of any Member and the right of

enjoyment of the Common Property of any person who:

(a) shall be subject to the right of abatement, as defined in Section 8.02 by reason of having failed to take

the reasonable steps to remedy a violation or breach of the Restrictions within thirty (30) days after

having received notice of same pursuant to the provisions of section 5.11 or 8.02 hereof;

(b) shall be delinquent in the payment of any assessment levied by the Association pursuant to the

provisions of Article IV hereof, or

(c) shall be in violation of the rules and regulations of the Association relating to the use, operation ad

maintenance of Common Property.

Any suspension shall be for the balance of the period in which said Member or person shall remain in violation,

breach or default, as aforesaid, except that in the case of a violation described in subsection(c) of this Section

3.06, the suspension may be for a period of time not to exceed 60 days after the cure or termination of such

violation. No suspension shall prevent an Owner's ingress to or egress from his Lot. Declarant role has 3.07 Voting Procedure. The procedure for the election of Directors of the Association and the resolution of such expired

other issues as may be brought before the membership of the Association shall be governed by this Declaration,

the Georgia Nonprofit Corporation Code, the Articles of Incorporation of the Association, and the By-laws of

the Association, as each shall from time to time be in force and effect.

3.08 Control by Declarants and Appointment of the Board. Until such time as Declarants no longer have the right to

appoint members to the board, the Board of the Association shall consist of three (3) members.

Notwithstanding any other language or provision to the contrary in this Declaration, the Articles of

Incorporation, or the By-laws of the Association, the Declarants hereby retain appointment the right to appoint

two (2) members to the Board. The right of Declarants to appoint members of the Board also includes the right

to remove and replace their appointees until such time as the first of the following events shall occur: (1) the

expiration of five years from the date of recording of this Declaration; (2)the date upon which threc-fourths of

the Lots which may be developed on the Property and on the Additional Property shall bave been conveyed by

ither Declarants or by a builder who purchased the Lot from Declarants for the purpose of erecting a dwellin

thereon, to an individual Owner or Owners for residential occupancy; or (3) the surrender by the Declarants o

the authority to appoint and remove members of the Board of the Association by an express amendment to this

Declaration executed and recorded by the Declarants. Upon the expiration of the Declarants' right to appoint

and remove directors of the Association pursuant to the provisions of this Section, such right shall

automatically pass to the Owners, including Declarants if Declarants then owns one or more Lots. Upon the

final expiration of all rights of Declarants to appoint and replace directors of the Association, a special meeting

of the Association shall be called. At such special meeting, the Owners shall elect a new Board Of Directors

which shall undertake the responsibilities of the Board and Declarants shall deliver the books, accounts, and

records, if any, which Declarants have kept on behalf of the Association, and any agreements or contracts

executed by or on behalf of the Association during such period which declarants have in their possession. Each

Owner by acceptance of a deed to or their conveyance of a Lot vests in Declarants such authority to appoint

and replace directors and officers of the Association as provided in this section. The Association may exercise any other right or privilege given to it expressly by this Declaration or by law and any other right or privilege reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.

Distribution of Assets Upon Dissolution. In the event of the dissolution of the Association, the assets thereof shall be distributed to one or more public bodies, corporate or politic, or conveyed to one or more non-profit organizations having purposes similar to those of the Association.

ARTICLEIV

ASSESSMENTS AND MAINTENANCE CHARGES

Covenant for Assessments and Creation of Lien and Personal Obligations. The Declarants, to the extent that Declarants are Owners, hereby covenant and agree, and each Owner, jointly and severally, for himself, his heirs, distributes, legal representatives, successors and assigns, by acceptance of a deed for a Lot, whether or not the covenants contained hereby shall be expressed in any such deed, hereby covenants and agrees as

to pay the Association the annual assessment which may or shall be levied by the Association pursuant to this Declaration against all Lots owned by him;

to pay to the Association any special assessments for capital improvements and other charges which may or shall be levied by the Association pursuant to this Declaration against all Lots owned by him; that there is hereby created a continuing charge and lien upon all Lots owned by him against which all such assessments are made to secure payment of such assessments and any penalties and interest thereon as provided in Section 4.07 hereof and costs of collection including reasonable attorneys' that such continuing charge and lien on such Lots binds such Lots in the hands of the then Owner, and the Owner's heirs, devisees, legal representatives, successors and assigns. Such charge and lien is superior to any and all charges, liens or encumbrances which may hereafter in any manner arise or be imposed upon such Lots whether arising from or imposed by judgment to decree or by any

agreement, contract, mortgage, deed to secure debt, or the instrument, except(i) such liens for taxes or other public charges as are by applicable law made superior, and (ii) all deeds to secure debt given to secure a loan the proceeds of which are used (1) to purchase a Lot or Lots (together with any and all Structures which my from time to time be placed or located hereon) and (2) to finance the

construction, repair or alteration of Structures;

(e) that no sale or transfer at foreclosure or in lieu of foreclosure shall relieve any Lot or Lots from liability for any assessment thereafter assessed;

(D that all annual and special assessments (together with interest thereon as provided in Section 4.07 of this Declaration and costs of collection including reasonable attoreys' fees) levied against any Lot or Lots owned by him during the period that he is an Owner shall be (in addition to being a continuing charge and lien against such Lot or Lots as provided in Section 4.01 (c)of this Declaration) a personal obligation which will survive any sale or transfer of the Lot or Los owned by him; provided, however, that such personal obligation for delinquent assessments shall not pass to an Owner's successor in title unless expressly assumed by such successor.

4.02 Purpose of Assessment. The assessments levied by the Association shall be used exclusively for the purpose of providing for the common good and general welfare of the people of the new community of the Development, including, but not limited to, and in addition to other purposes set forth in this declaration, security, the

acquisition, construction, improvement, maintenance and equipping of Common Property, the enforcement of the Restrictions contained in this Declaration, the enforcement of the Design Standards of the ACC, the

payment of operating costs and expenses of the Association, the payment of taxes on any Common Property, and the payment of all principal and interest when due on all debts owed by the Association.

Accumulation of Funds Permitted, The Association shall not be obligated to spend in any calendar year all the sums collected in such year by way of annual assessments or otherwise, and may carry forward, as surplus, any balances remaining; nor shall the Association be obligated to apply such surplus to the reduction of the amount

of the Annual Assessments in any succeeding year, but may carry forward from year to year such surplus as the Board may deem to be desirable for the grater financial security of the Association and the effectuation of its purposes.

4.04 Annual Assessment of Maintenance Charge.

(a) subject to the terms of this Article, each Lot in the Property is hereby subjected to an annual

maintenance charge for the purpose of creating a fund to be known as the "maintenance fund". The amount of the annual assessment shall be set forth in an annual budget to be prepared by the Board of Directors covering the estimated costs of operating the Association during the coming year. The

budget shall include a capital contribution establishing a reserve fund, in accordance with a capital budget. The board shall cause a copy of the budget, and the amount of the assessments to be levied against each Lot for the following year, to be delivered to each Owner at least fifteen days prior to the proposed effective date. The budget and the assessments shall become effective unless disapproved by a vote of at least a majority of the total Association membership. Unless requested by the Members in accordance with the provisions for calling a special meeting by the Members, as set forth in the ByLaws, the budget and assessment may take effect without a meeting of the Members. Notwithstanding the foregoing, however, in the event the membership disapproves the proposed budget or the Board fails for any reason so to determine the budget for the succeeding year, then and until such time as a budget shall have been determined, the budget and assessment in effect for the then current year shall continue; and the Board may propose a new budget at any time during the year by causing to be

delivered to the Members such proposed budget and assessment at least fifteen days prior to the

proposed effective date. Annual assessments or maintenance charges will be paid by the Owner or Owners of each Lot within the Property (and any are a annexed under the jurisdiction of th

Association) in advance in monthly, quarterly or annual installments

(b) The annual maintenance charges, initially established at $ 150.00 per year, and assessment will

commence as to each Lot on the first day of the month following the earliest to occur of the following events; (i) upon the occupancy of a permanent dwelling located on the Lot as a resident; or(ii) upon the conveyance by a builder who has purchased the Lot from Declarants for the purpose of erecting a dwelling thereon to an Owner or tenant for residential occupancy.

(c) Neither the Declarants nor any builder who has purchased a Lot from Declarants for the purpose of erecting a dwelling thereon shall be subject to the annual maintenance charge and assessment.

Notwithstanding the preceding, the annual maintenance charge and assessment will commence as to cach Lot owned by Declarants or a builder upon the occupancy of a permanent dwelling located

thereon as a residence. For the calendar ar in which the sale is closed, the maintenance charge shal be prorated as of the date of closing. If Declarants are required by law to pay assessments on

unoccupied Lots, any builders, who have purchased a Lot from Declarants for the purpose of erecting a dwelling thereon shall likewise be required to pay assessments with respect to any such Lots owned by them. Assessments due for each Lot owned by a builder shall equal the assessments due for each Lot owned by Declarants, unless that amount would exceed the assessments due from regular

residential Owners. In no event shall Declarants or any builder be required to pay any portion or portions of assessments which are due and payable prior to the date upon which the declarants is required to pay assessments. In addition and notwithstanding anything to the contrary herein, the declarants may contribute assessments due from it in services or materials or a combination of

services and materials, rather than in money (herein collectively called" in kind contribution) the amount by which monetary assessments shall be decreased as a result of any in kind contribution shall be the value of any contribution, the value shall be as agreed. If the Association and the Declarants cannot agree as to the value of any contribution, the Declarants shall supply the Association with a detailed explanation of the service performed and material furnished, and the Association shall acquire bids for performing like services and fumishing like materials from three independent contractors, approved by the Declarants, who are in the business of providing such services and materials. If the Association and the Declarants are still unable to agree on the value of the contribution, the value shall be deemed to be the average of the binds received from the independent contractors.

4.05 Special Assessments for working Capit al Fund, Nonrecurring Maintenance and Capital mprovements. In addition to the annual asse: horized by this Article IV, the Association may levy:

ent year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of nonrecurring maintenance, or the acquisition, construction,

reconstruction, repair or replacement of a capital improvement upon Common Property, including fixtures and personal property related thereto, provided that any such assessment shall have been approved by a two-thirds vote of each class of Members of the Association who are present in person or by proxy at a meeting duly called for such purpose. The aggregate fund established by such special assessment shall be maintained in a segregated account, and shall be for the purpose of insuring that the Association will have cash available to meet unforeseen expenditures, or to acquire additional equipment, the cost of nonrecurring maintenance or services deemed necessary or desirable by the

4.06 Notice and Ouorum. Written notice of any meeting called for the purpose of taking action authorized under

Section 4.04 or 4.05 shall be sent to all Members, or delivered to their residence, not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half(1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more that sixty (60) days

following the preceding meeting.

4.07 Effect of Nonpay ment of Assessments, If any assessment or installment is not paid within fifteen (15) days after the Due Date there may be imposed a late or delinquency charge in the amount of the greater of five dollars ($5.00) or ten percent (10.0%) of the amount of each assessment or installment, and any latc charge connected therewith, which is not paid within thirty (30) days after the due date of the assessment, shall bear interest (from the Due Date with respect to the assessment or installment, and the date such charge was imposed with respect to the late charge), at such rate of interest as may be established by the Board of the Association, or if no sale has been established by said Board, at the rate of ten percent (10%) per annum; provided, however, that in no event shall the Board have the power to establish a rate of interest in violation of the laws of the State of Georgia. If any one or more installments of any assessment are not paid within thirty (30) days after the due date, the Board may declare any remaining balance of the assessment at once due and payable. In the event that an Owner shall fail to pay fully any portion of any assessment or installment on or before the date on which payment is due, such unpaid portion (including any remaining balance declared immediately due and payable in accordance with the preceding sentence), together with any delinquency charges, interest, and costs of collection, including court costs, the expenses of sale, any required for the protection and preservation of the Lot, and reasonable attomey's fees, shall be a binding personal obligation of such Owner, as well as the lien on such Owner's Lot enforceable in accordance with the provisions of the Declaration. In addition to the above, if any Owner has not paid any assessment or installment, or any late charges or expenses related thereof, within sixty (60) days after the Due Date of the assessment or installment, the Association shall have the right to notify any or all mortgagees having a security interest in such Owner's Lot or Lots that such Owner is in default in the performance of this obligations under the Development Documents, and of those actions taken or proposed to be taken by the Association as a result of the default.

4.08 Certificate of Payment. Upon written demand by an Owner, the Association shall within a reasonable period of time, issue and fumish to such Owner a written certificate stating that all assessments (including penalties, interest and costs, if any) have been paid with respect to any Lot owned by said Owner as of the date of such certificate, or that all assessments, interest and costs have not been paid, setting the amount then due and payable. The Association may make a reasonable charge for the issuance of such certificate. Any such

certificate, when duly issued as herein provided, shall be conclusive and binding with regard to any matter therein stated as between the Association any bona fide purchaser of, or lender on, the Lot in question.

ARTICLE V

URCHITECTURAL CONTROL

5.01 Architectural Control Committee - Creation and Composition. An Architectural Control Committee (the

"ACC") shall be established consisting of three (3) individuals to be appointed by the Board of Directors; provided however, so long as the Declarants, or any builder who has purchased a Lot from Declarants for the purpose of constructing a dwelling thereon owns at least on Lot on the Property (or on the Additional Property if at any time submitted to these Restrictions by annexation) being held primarily for sale to an Owner for residential occupancy, the ACC shall be comprised solely by Declarants, or by such representatives as may be designed by Declarants, which shall have the power to exercise all powers herein given to the ACC.

Declarants' power to maintain control of the ACC may be surrendered proper to that time described in the preceding sentence only by an express amendment to this Declaration executed and recorded by Declarants. Purpose, The purpose of th • ACE is to review and approvt

installation, construction or alteration of any Structure on any Lot. All plans shall be submitted to the ACC 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, and (il) as to the location of Structures with respect to topography, finished ground elevation and surrounding structures. To the extent necessary to carry out such purpose, the ACC shall have all of the powers and duties to do each and every thing necessary, suitable, convenient or proper for, or in connection with, or incidental to, the accomplishment of such purpose, including, without being limited to the power and duty to approve or disapprove plans and specifications for any installation, construction or alteration of any Structure on any Lot.

5.03 Ofticers, Su emmittees and Compensation. The members of the ACC shall appoint a Chairman from among their number and may appoint from among their number such other officers and subcommittees of members of the ACC as they shall from time to time determine necessary. The members of the ACC shall be reimbursed by the Association for traveling expenses and other out-of-pocket costs incurred in the performance of their duties as members of the ACC.

5.04 Operation of the ACC

(a) Meetings. The ACC shall hold regular meetings at least once every three (3) months or more often as may be established by the ACC. Special meetings may be called by the Chairman and shall be called by the Chairman upon the written request of a majority of the members of the ACC then in office. Regular and special meetings of the ACC shall be held at such time and at such places as the ACC shall specify. Notice of each regular or special meeting of the ACC shall be mailed to each member al his residence or at his usual place of business or least three days before the day the meeting is to be held. Notice of regular and special meetings need not specify the purpose or purposes for to which the meeting is called. Notice of a meeting need not be given to any member of the ACC who signs a waiver of notice either before or after the meeting. Attendance of a member of the ACC at a meeting shall constitute a waiver of notice of such meeting and shall constitute a waiver of any and all

objections to the place of the meeting, the time of the meeting, or the manner in which it has been called or convened, except when the member states, at the beginning of the meeting, any such

objection or objections to the transaction of business. At each meeting of the ACC, the presence of a majority of the members then in office shall constitute a quorum for the transaction of business. Except as otherwise provided herein, the act of a majority of the members of the ACC present at any regular or special meeting thereof at which a quorum is present shall constitute the act of the ACC. In the absence of a quorum, any member of the ACC present at the time and place of the meeting may adjourn the meeting from time to time until a quorum shall be present. At any adjourned meeting at which a quorum is present, any business may be transacted which might have been transacted at the meeting originally called. The ACC shall maintain both a record of votes and minutes for each of its meetings. The ACC shall make such records and minutes available at reasonable places and times for inspection by Members of the Association and by the Secretary. Any action required to be taken at a

mecting of the ACC, or any action which may be taken at a meeting of the ACC, may be taken without a meeting if written consent, setting forth the action so taken, shall be signed by all the members of the ACC and be filed within the minutes of the proceedings of the ACC. Such consent shall have the same force and effect as a unanimous vote, and may be stated as such in any document filed by the ACC The provisions contained in this subsection (a) shall only become effective upon the termination of

(b)

The ACC may adopt and promulgate the Design Standards described in Section 5.05 hereof and shall, as required, make findings, determinations, rulings, and orders with respect to the

conformity and said Design Standards of plans and specifications to be submitted for approval to the ACC pursuant to the provisions of this Declaration. The ACC shall, as required, issue permits,

authorizations, or approvals, which may include specified requirements or conditions, pursuant to the

Any two (2) or more members of the ACC may be authorized by the ACC to exercise the full authority of the ACC with respect to all matters over which the ACC has authority as may be specified by resolution of the ACC, except and respect to the adoption or promulgation of the Design Standards. The unanimous action of the two (2) or more members with respect to the matters specified shall be final and binding upon the ACC and upon any applicant for an approval, permit or authorization, subject, however, to review and modification by the ACC on its own motion or appeal by the

applicant to the ACC as provided in this paragraph (ii). Written notice of the decision of such two (2) or more members shall, within thirty (30) working days thereof, be given to any applicant for an approval, permit or authorization. The applicant may, within ten (10) days after receipt of notice of any decision which he deems to be unsatisfactory, file a written request to have the matter in question reviewed by the ACC. Upon the filing of any such request, the matter with respect to which such request was filed shall be submitted to, and reviewed promptly by, the ACC, 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 ACC with respect to such matter shall be final and binding.

Not withstanding any other provision to the contrary, until such time as the Declarants's power to control the ACC has terminated, the Declarants or any such representatives as may be so designated by Declarants may exercise the full authority of the ACC with respect to all matters over which the ACC has authority, including, and without limitation, the adoption or promulgation of the Design Standards.

5.05 Design Standards.

(a) The ACC may from time to time adopt, promulgate, amend, revoke and enforce guidelines (the

"Design standards") for the purposes of:

govering the form and content of plans and specifications to be submitted to the ACC for approval pursuant to the provisions of this Declaration;

govering the procedure for such submission of plans and specifications;

establishing guidelines with respect to the approval and disapproval of design features, architectural styles, exterior colors and materials, details of construction, location and size of Structures and all other matters that require approval by the ACC pursuant to this

Declaration; and

(iv) assuring the conformity and harmony of external design and general quality of the

Development.

The ACC may publish copies of its current Design Standards, in which case it shall be made readily available to Members and prospective Members of the Association and to all applicants seeking the ACC's approval.

S.06 Submission of Plans and Specifications. No Structure shall be commenced, erected, placed, moved onto or permitted to remain on any Lot nor shall any existing Structure upon any Lot be altered, including painted or stained, in any way which materially changes the exterior appearance of the Structure or Lot, unless plans and specifications therefore shall have been submitted to and approved in writing by the ACC. Such plans and specifications shall be in such form and shall contain such information as may be reasonably required by the ACC in the Design Standards, including where applicable, and without being limited to:

a site plan showing the location of all proposed and existing Structures on the lot including building setbacks, open space, driveways, walkways and parking spaces including the number thereof and all siltation and erosion control measures;

a foundation plan;

exterior elevations of all proposed Structures and alterations to existing Structures, as such Structures shall appear after all back-filling and landscaping are completed;

specifications of materials, color scheme, lighting scheme and other details affecting the exterior appearance of all proposed Structures and alterations to existing Structures; and

plans and landscaping and grading.

Approval of Plans and Specifications. Upon approval by the ACC of any plans and specifications submitted pursuant to this Declaration, two (2) copies of such plans and specifications, as approved, shall be deposited for permanent record with the ACC and a copy of such plans and specifications bearing such approval, in writing, shall be returned to the applicant submitting the same. Approval for use in connection with any Lot or Structure of any plans and specifications shall not be decmed a waiver of the ACC's right, in its discretion, to disapprove similar plans and specifications or any of the features or elements included therein if such plan, specifications, features or elements are subsequently submitted for use in connection with any other Lot or Structure. Approval of any such plans and specifications relating to any Lot or Structure, however, shall be final as to that Lot or Structure and such approval may not be revoked or rescinded thereafter, provided that there has been adherence to, and compliance with, such plans and specifications, as approved, and any

conditions attached to any such approval.

Disapproval of Plans and Specifications. The ACC shall have the right to disapprove any plans and

specifications submitted pursuant to this Declaration for any of the following reasons:

the failure to include information in such plans and specifications as may have been reasonably the failure of such plans or specifications to comply with this Declaration of the Design Standards; any other matter which, in the judgment of the ACC, would be likely to cause the proposed

installation, construction or alteration of a Structure (i) to fail to be in conformity and harmony of external design and general quality with the standards of the Development as set forth in Design Standards, or (ii) as to location to be incompatible with topography, finished ground elevation and surrounding Structures. In any case in which the ACC shall disapprove any plans and specifications submitted hereunder, or shall approve the same only as modified or upon specified grounds upon which such action was based. In any such case the ACC shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable proposal may be prepared and submitted for

S.09 Obligation to Act. The ACC shall take action on any plans and specifications submitted as herein provided within thirty (30) days after receipt thereof. Approval by the ACC, if granted, together with any conditions imposed by the ACC, shall be placed in writing on the plans and specifications and shall be returned to the applicant. Failure by ACC to take action within (30) days of receipt of plans and specifications submitted for approval shall be deemed approval of such plans and specifications.

Inspection rights. Any employee or agent of the Association or the ACC may, after reasonable notice, at any reasonable time or times enter upon any Lot and structure thereon for the purpose of ascertaining whether the installation, construction, alteration or maintenance of any Structure or the use of any Lot or Structure is in compliance with the provisions of this Declaration; and neither the Association, nor the ACC, nor any such agent, shall be deemed to have committed a trespass or other unlawful act solely by reason of such entry or inspection, provided such inspection is carried out in accordance with the terms of this Section.

5.11 Violations. If any Structure shall be erected, placed, maintained or altered upon any Lot, otherwise than in accordance with the plans and specifications approved by the ACC pursuant to the provisions of this Article, such crection, placement, maintenance or alteration shall be deemed to have been undertaken in violation of this Article and without the approval required herein. If in the opinion of the ACC such violation shall have

occurred, the ACC shall notify the Association. If the Board shall agree with the determination of the ACC with respect to the violation, then the board shall provide written notice to the Owner by certified mail, setting forth in reasonable detail the nature of the violation and the specific action or actions required to remedy the

violation. If the owner shall not have taken reasonable steps toward the required remedial action within thirty (30) days after the mailing of the aforesaid notice of violation, then the Association shall have the Right of Abatement as provided in Section 8.02 hereof.

5.12 Certification of Compliance.

Upon completion of the installation, construction or alteration of any Structure in accordance with plans and specifications approved by the ACC, the ACC shall, upon written request of the Owner thereof or upon the ACC's own initiative, issue a Certificate of Compliance, identifying such Structure and Lot upon which such structure is place, and stating that the plans and specifications have been approved and that such Structure complies with such plans and specifications. A copy of said

Certificate shall be filed for permanent record with the plans and specifications on file with the ACC. Any Certificate of Compliance issued in accordance with the provisions of this Section shall be prima facie evidence of the facts herein stated; and as to any purchaser or encumbrancer in good taith and for value, or as to any title insurer, such certificate shall be conclusive evidence that all Structures on the Lot comply with all the requirements of this Article, provided, however, that the Certificate shall in no way be construed to certify the acceptability, sufficiency or approval by the ACC of the actual construction of Structures or of the workmanship, or to represent or warrant to anyone the quality, function or operation of the Structures or of any construction, workmanship, engineering, materials or equipment. The issuance of the Certificate shall in no way be construed to certify to any party that the Structures have been built in accordance with any applicable rule or regulation other than those of the

Fees, The ACC may impose and collect a reasonable and appropriate fee to cover the cost of inspections performed pursuant to Section 5.10. The fee shall be established from time to time by the ACC and published in the Design Standards.

Nondiscrimination by ACC. The ACC shall not discriminate against any applicant requesting its approval of plans and specifications because of such applicant's race, color, sex, religion, age or national origin. Further, the ACC in the exercise of its powers granted pursuant to this Declaration shall not take any action the intent or effect of which is to discriminate against persons of a particular race, color, sex, religion, age, or national

ARTICLE VI

GENERAL COVENANTS AND RESTRICTIONS

Application. The covenants and restrictions contained in the Article VI shall pertain and apply to all Lots and to all Structures erected or placed thereon.

Residential Use. All Lots shall be used for single-family residential purposes only and for no other purpose provided that Declarants may operate a sales office and/or model home on a Lot or Lots designated by

Re Subdivision of Property. No Lot may be split, divided, or subdivided for sale, resale, gift, transfer, or otherwise, without the prior written approval of the ACC of plans and specifications for such split, division or subdivision. Notwithstanding the foregoing, nothing herein shall prevent declarants or the Owners of any contiguous Lot from combining two or more Lots into one Lot for construction of a single residence thereon; provided, however, that such combined Lot may not be subdivided thereafter; and provided further, that the Owner of the residence on such Lot shall be responsible for annual and special assessments based on the number of Lots combined into one Lot.

6.04 Erosion Control. No activity which may create erosion or siltation problems shall be undertaken on any Lot without the prior written approval by the ACC of plans and specifications for the prevention and control of such erosion or siltation. The ACC may, as a condition of the approval of such plans and specifications, require the use of certain means of preventing and controlling such erosion or siltation. Such means may include, by way of example and not of limitation, physical devices of controlling the run-off and drainage of water, special precautions in grading and otherwise changing the natural landscaping

Signs, No signs of any kind shall be erected by an Owner or occupant of a Lot within the Development.

Notwithstanding the foregoing, residents shall have the right to erect reasonable and appropriate signs, and "For Sale" and "For Rent" signs. Declarants may erect entry signs and sales and information signs.

Vehicles. The term "vehicles" as used herein shall include, without limitation, motorcycles, mini bikes,

scooters, go-carts, trucks, vans, and automobiles. All vehicles shall be parked within garages, driveways or other paved parking areas located on a Lot. Parking in yards or on streets within the Development is prohibited. Lot Owners' visitors may temporarily park on the street. No inoperable, junk or abandoned cars shall be

Recreational Vehicle and Trailers, No school bus, truck or commercial vehicle over one(1) ton capacity, house trailer, mobile home, motor home, recreational vehicle, or like equipment shall be permitted on any Lot on a permanent basis, but shall be allowed on a temporary basis not to exceed three (3) consecutive days. Boats, boat trailers, motor homes, recreational vehicles and campers shall be permitted, but only if stored inside the garage or in the rear of each unit and is concealed from view by neighboring residences and streets, and only after obtaining written consent of the ACC. No above-ground swimming pools will be allowed and trampolines shall not be visible from the street. Any trash, firewood, wood scraps, building materials or other such materials contained in any vehicle or trailer shall be covered from view. This provision shall not apply to Declarants or any builder in the process of construction an approved structure on any Lot.

6.08 Occupancy of Houses. All houses constructed on Lots in the Development must be finished before it can be occupied. The landscaping must have a minimum of 10 pallets of sod per yard, and the driveway must be paved 6.09 No Exposed concrete/Concrete blocks, There shall be no exposed concrete or concrete blocks on any

foundation or other walls of buildings. Such surfaces shall be veneered with brick or natural stone, stucco or painted where they are above finished grade.

Material of front of Dwelling. The front of every dwelling shall be at least 70% of Masonary or Stone. All other sides of a dwelling shall be constructed using concrete siding, vinyl siding or like materials. Declarants or ACC reserves the right to approve all exterior finishes.

Square Footage Requirements. All homes must meet the following "heated(r) square footage exclusive of any space in garage, porches and finished basements:

(a) Single-story or ranch homes: 1800 heated square feet, excluding garage area;

(b) Two-story homes: 1800 heated square feet excluding garage area;

Garages. All garages are to be enclosed with doors and all houses must provide garages for not less than three (3) vehicles. Unattached garages are permissible as long as such garage is constructed in the same architectural style, with the same color as the dwelling on the Lot. An unattached garage which meets the above

specifications may face the front of the Lot. All garage doors must be kept closed unless in use.

6.13 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. No pets shall be kept, bred, or maintained for any commercial purpose. Dogs which are household pets shall at all times, when outside, be on a leash or within an allowable fence.

Fences and Outbuildings. No fence, wall or outbuilding of any kind shall be erected, maintained, or altered on any Lot without the prior written approval of the ACC of plans and specifications for such fences and walls. Under no circumstances shall any barbed wire or hog wire fence be permitted in the Development. Black coated chain link fences will be allowed. All fencing must tie from and run parallel with the back of house to property line. Comer lots shall have no fencing installed outside of building set back lines. Fencing shall be wood with the exception of sides and rear which may be vinyl coated chain link.

No shed, tool storage area, workshop or outbuilding for storage of yard implements shall be place upon the property unless concealed by hedges, lattice work or screening (which screening may be the dwelling itself). No shed, tool storage area, workshop or outbuilding shall be made of metal. Any such shed, tool storage area, workshop or outbuilding shall be constructed in the same architectural style using similar colors as the main dwelling on the Lot. Any outbuildings must be completed within 90 days of permit issuance.

6.15 Antennae, No exterior television or radio antenna, satellite dish or receiver shall be placed, allowed, or

maintained upon any portion of the Development, including any Lot, if such antennae are visible from any public or private street providing access to or located within the Development. Notwithstanding the above, no satellite dish larger that 18iạishall be place, allowed, or maintained upon any portion of the Development, including any Lot. Each Owner and occupant of a Lot acknowledges that this provision benefits all Owners and Occupants of Lots and each Owner and occupant of a Lot agrees to comply with this provision despite the fact that the erection of any outdoor antennae or similar device would be the most cost effective way to transmit or receive the signals sought to be transmitted or received.

Iree Removal, No trees shall be removed except for (a) diseased or dead trees; (b) trees needing to be removed to promote the growth of other trees or safety reasons; and (c) trees within ten (10) feet of the residence,

driveway, walkways and septic field, whose removal is necessary for the construction of same.

6.17 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, play equipment, trampolines, etc..., swimming pool pumps, filters and related equipment and other items shall be located or screened so as to be concealed from view of neighboring streets and property.

Eircarms. The discharge of firearms in the Development is prohibited. The term "firearms" includes "B-B" guns, pellet guns and guns of all types.

Mailboxes. All mailboxes and stands shall be of similar style and approved by Declarants or ACC. All mailbox and stands shall be maintained in a good state of repair. No free-standing paper boxes shall be allowed.

6.20 Monuments, Statues, Birdbaths, Etc. No monuments, statues, birdbath or decorative structures including freestanding flagpoles, shall be erected or placed in front of any dwelling without the written approval of the ACC. No permanent seasonal items, i.e. Christmas Lights shall be allowed to remain permanently atfixed to structures or property. All seasonal items must be removed in a reasonable amount of time after passage of relevant holiday.

Sidewalks. It shall be the responsibility of each Owner/Builder of a dwelling on a Lot to construct across the front of each Lot a sidewalk matching the type, set-back, width, slope, terrain, etc. of the sidewalk on the adjoining property. All sidewalks will be approved by the Declarants or ACC. Owner/Builder of corner lots shall construct sidewalks with the above-listed requirements across both the front and side of Lot. Once the sidewalks have been constructed, the maintenance of same shall be the responsibility of the Homeowners Association. Said maintenance may be included in the yearly budget or by special assessment, as determined by

6.22 Nuisance. It shall be the responsibility of each Owner and occupant to prevent the development of any unclean, unhealthy, unsightly, or unkept condition on his or her property. No property within the Development 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 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 within the Development, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, hom, whistle, siren, bell, amplifier or other sound device shall be used except those devises used exclusively for security purposes or required by law.

ARTICLE VI

EASEMENTS, ZONING AND OTHER BESTRICTIONS

Structural Support Every portion of a dwelling or any other Structure which contributes to the structural support of another dwelling or Structure shall be burdened with an easement for structural support, and each Lot shall also have the right to lateral support which shall be appurtenant to and pass with the title to such Lots.

Declarants hereby expressly reserve to the Declarants, their successors and assigns forever, the right to create perpetual casements in, on, over and under any part of the property owned by Declarants for any purpose which Declarants deems necessary, including, by way of illustration and not limitation, the erection, installation, construction and maintenance of wires, lines, conduits and poles and the necessary or proper attachments in connection with the transmission of electricity, telephone, cable television and other utilities and similar facilities;

the erection, installation, construction and maintenance of storm-water drains, land drains, public and private sewers, irrigation systems, pipelines for supplying gas, water and heat, and for any other public or quasi-public facility, service or function;

slope control purposes, including the right to grade and plant slopes and to prevent the doing of any activity which might interfere with slopes or which might create erosion or sliding problems or which might change, obstruct or retard drainage flow;

the planting or re-planting of hedges, shrubbery, bushes, trees, flowers and plants of any The erection, installation, construction and maintenance of fences, walls, monuments, signs, along streets in, around and along entrances to the Development; including the right to landscape such areas, plant, re-plant and prune hedges, shrubbery, bushes, trees, flowers, grass and plants of any nature.

(b) No Owner shall have any right to use any easement created by the Declarants in, on or over any portion of the Property unless such easement has been assigned by the Declarants to the Association. (c) The Declarants hereby reserve for themselves, and their successors and assigns, across the initial phase of the Property and across each portion of the Additional Property subsequently submitted to this Declaration by Annexation as provided in Article X hereof, perpetual easements appurtenant to said Property for the following uses and purposes:

ingress and egress by vehicular and pedestrian traffic over such drives, roadways, walkways and paths as are shown on the plat or plats recorded in connection with the initial phase of the Property and such portions of the Additional Property as are submitted to this initial phase of the Property and such portions of the Additional Property as are submitted to this

Declaration, and such drives, roadways, walkways and paths as may be constructed in the (ii) installing, operating, maintaining and replacing wires, pipes, conduits and other structures and facilities necessary to the furnishing of gas, water, sewerage, storm drainage, electricity,

street lights, telephone, and other utilities and services, including the right to use in

subsequently submitted to this Declaration, and wires, pipes, conduits, and other structures and facilities furnishing such utilities and services to such Owners.

In addition to the above, Declarants hereby grant a general easement in favor of utility, cable

television and other such service companies across the initial phase of the Property, and across cach portion of the Additional Property subsequently submitted to this Declaration by Annexation as

provided in Article X hereof, to maintain, repair, replace and service wires, pipes, conduits, street lights and other structures and facilities provided for the benefit of the Owners.

The casements created in the Article VII are in addition to any easements or rights created elsewhere in this Declaration or in other easements of record. The provisions of this Article VIl may not be amended without the written consent of the Declarants, their successors and assigns.

7.03 Easement Area, The words "Easement Area" as used herein shall mean those areas on any Lot with respect to which easements are shown on a recorded deed or on any filed or recorded map or plat relating thereto.

Entry. The Declarants and their employees, agents, successors and assigns, shall have the right at all reasonable times to enter upon all parts of each Easement Area for any of the purposes for which such Easement Area is reserved without being deemed to have committed a trespass or for which such Easement Area is reserved without being deemed to have committed a trespass or wrongful act solely by reason of such entry and the carrying out of such purposes, provided the same are done in accordance the provisions of this Article. The Declarants and their employees, agents, successors and assigns shall be responsible for leaving each lot in good condition and repair following any work or activity undertaken in an Easement Area pursuant to the provisions

7.05 Zoning and Private Restrictions. None of the covenants, restrictions or easements created or imposed by this

Declaration shall be construed as permitting any action prohibited by applicable zoning laws, or by the laws, rules or regulations or any governmental body. In the event of any conflict between such laws, rules or

regulations and the covenants, restrictions and easements created or imposed by this Declaration, the most restrictive provision shall govern and control.

ARTICLE VIII

ENFORCEMENT

Right of Enforcement. This Declaration and the restri ictions contained herein shall inure to the benefit of and shall be enforceable by (i) the Declarants so long as they are an Owner, (ii) the Association and (ili) each Owner, his legal representatives, heirs, successors and assigns.

8.02

Except where different notice provisions are provided in Section 5.11 and 6.21, in the event of a violation or breach of any restriction contained in this Declaration the Association shall give written notice by certified mail to the Owner setting forth in reasonable detail the nature of such violation or breach and actions needed to be taken to remedy such violation or breach. If the Owner shall fail to take reasonable steps to remedy such violation or breach within thirty (30) days after the mailing of such written notice, then the Association shall have the Right of Abatement. If any assessment,

interest, cost or charge required by this Declaration is not paid within sixty (60) days after such

assessment is due or such charge is imposed, the Association shall have the right to notify any or all mortgagees having a security interest in the Owner's Lot or Lots that such Owner is in default in the performance of their obligations under the Development Documents, and of those actions taken or proposed to be taken by the Association as a result of the default.

The Right of Abatement, as used in this Section and Sections 5.11 and 6.21 hereof, means the rights of the Association, through its agents and employees, to enter at all reasonable times upon any Lot or Structure, as to which a violation, breach or other condition to be remedied exists, and to take the actions specified in the notice to the Owner to abate, extinguish, remove, or repair such violation,

breach or other condition which may exist hereon contrary to the provisions hereof, without being deemed to have committed a trespass or wrongful act solely by reason of such entry and such actions, provided such entry and such actions are carried out in accordance with the provisions of this Section, and with the cost thereof, together with interest thereon at the lower of the highest rate permitted by law, or 10%, to be a binding personal obligation of such Owner enforceable in law, as well as a lien on such Owner's Lot enforceable pursuant to the provisions of Section 8.04 hereof. Such lien shall be superior to any and all charges, liens or encumbrances which may in any manner arise or be imposed upon the Lot after such entry whether arising from or imposed by judgment or decree or by any

agreement, contract, mortgage, deed to secure debt, or other instrument, excepting only (i) such liens for taxes or other public charges as are by applicable law made superior, (it) the liens created by

Section 4.01 thereof and (iii) all deeds to secure debt given to secure a loan the proceeds of which are used (1) to purchase a lot or lots (together with any and all structures which may from time to time be place or located thereon) and (2) to finance any construction, repair or alteration of structures.

8.03 Right of Enforcement. Nothing contained in this Declaration shall be deemed to affect or limit the rights of the

Declarants, the Association or any Owner to enforce the Restrictions by appropriate judicial proceedings or to recover damages. However, it is hereby declared that it may be impossible to measure accurately in money the damages which will accrue to a beneficiary hereof, its transferees, successors or assigns, by reason of a

violation of, or failure to perform any of the obligations provided by this Declaration; and therefore, any

beneficiary hereof shall be entitled to relief by way of injunction or specific performance, as well as any other relief available at law or in equity.

8.04 Collection of Assessments and Enforcement of Lien.

(a) If any assessment, interest, cost or other charge is not paid as required by this Declaration, the

Association may bring either an action at law against the Owner personally obligated to pay same, or an action to foreclose any lien created by this Declaration against the Lot or Lots subject to the lien, or both, for the purpose of collecting such assessment, cost or charge, plus any interest thercon and costs of collection, including reasonable attorneys' fee.

(b) As an additional remedy, but in no way as a limitation on the remedies, if any assessment, interest, cost or other charge is not paid as required by this Declaration, each Owner hereby grants the

Association and its assigns the following irrevocable power of attorey: To sell said Lot or Lots

subject to lien at auction, at the usual place for conducting sales as the courthouse in Walton County, Georgia, to the highest bidder for cash, after advertising the time, terms and place of such sale once a week for four weeks immediately preceding such sale (but without regard to the number of days) in the paper in which the Sheriff's advertisements for Walton County, Georgia are published, all other notice being hereby waived by each Owner, and the Association or any person on behalf of the

Association, or assigns, may bid and purchase as such sale and thereupon execute and deliver to the purchaser or purch sers at such sale a conveyance of said property in fee simple, which conveyance shall contain recitals as to the happenings of the default upon which the execution of the power of sale herein granted depends, and each Owner hereby constitutes and appoints the Association and assigns, the agent and attorney in fact of each owner to make such recitals, and hereby covenants and agrees that the recitals so made by the Association, or assigns, shall be binding and conclusive upon the Owner whose property is the subject matter of such sale, and the heirs, executors, administrators and assigns of such Owner. The conveyance to be made by the Association or assigns shall collect the proceeds of such sale, and after reserving there from the entire amount of assessment, interest, cost or the charges due for attorneys' fees, shall pay any excess to such Owner, or to the heirs or assigns of such Owner as provided by law. The power of attorney and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise and are granted as cumulative to the remedies for collection of said indebtedness provided by law.

WAIVER. EACH OWNER, BY ACCEPTANCE OF A DEED CONVEYING A LOT SUBJECT TO THIS DECLARATION, WAIVES ANY RIGHT WHICH OWNER MAY HAVE UNDER THE

CONSTITUTION OR THE LAWS OF THE STATE OF GEORGIA OR THE CONSTITUTION OR THE LAWS OF THE UNITED STATES OF AMERICA TO NOTICE OR TO A JUDICIAL HEARING PRIOR TO THE EXERCISE OF ANY RIGHT OR REMEDY PROVIDED BY THIS DECLARATION AND

OWNER WAIVES OWNER'S RIGHTS, IF ANY, TO SET ASIDE OR INVALIDATE ANY SALE DULY CONSUMMATED IN ACCORDANCE WITH THE PROVISIONS OF THIS DECLARATION ON THE GROUND (IF SUCH BE THE CASE) THAT THE SALE WAS SONSUMMATED WITH A PRIOR

JUDICIAL HEARING. ALL VAIVERS BY OWNER IN THIS PARAGRAPH HAVE BEEN MADE

VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY AFTER OWNER HAS FIRST BEEN

ALLOWED THE OPPORTUNITY TO CONSULT LEGAL COUNSEL WITH RESPECT TO OWNER'S POSSIBLE RIGHT.

8.05 No Waiver. The failure of the Declarants, the Association, or the Owner of any Lot, his or its respective legal representatives, heirs, successors and assigns, to enforce any Restrictions herein contained shall in no event be considered a waiver of the right to do so thereafter, as to the same violation or breach or as to any violation or breach occurring prior or subsequent hereto.

ARTICLE IX

DURATION AND AMENDMENTS

9.01 Duration. The provisions of these covenants shall run with and bind the land and shall be and remain in effect perpetually to the extent permitted by law.

9.02 Amendments.

(a) These Covenants may be amended unilaterally at any time by Declarants if such amendment is necessary to bring any provision hereof into compliance with any applicable govermental statute, rule, regulation or judicial determination which shall be in conflict therewith; if such amendment is necessary to enable any reputable title insurance company to issues title insurance coverage on the Lots subject to these Covenants; if such amendment is required by an institutional or governmental lender or purchaser of mortgage loan in order for such lender to make or purchase loans on the Lots subject to these Covenants; or if such amendment is necessary to enable any governmental or private mortgage insurance company to insure mortgage loans on the Lots subject to these Covenants, provided any such amendments shall not adversely affect the title to any Owner's Lot unless any such Owner so affected thereby shall consent thereto in writing.

(b) These Covenants may be amended at any time and from time to time by an agreement signed by at least seventy-five (75%) percent of the Owners; provided, however, such amendment by the Owners shall not be effective unless also signed by the Declarants if the Declarants are the owners of any real property subject to these Covenants.

ARTICLE X

ANNEXATION

Declarants shall have the option and right, from time to time, without the necessary of consent by the

Association, the Board or the Owners, to submit all or portions of any Additional Property to this Declaration and thereby cause the Additional Property, or such portions thereof, to become part of the Property.

IN WITNESS WHEREOF, the Declarants have caused these Declarations of Covenants and Restrictions to be duly executed and sealed this 22nd day of September 2005.

Signed, sealed and delivered in GRATIS, LLC

the presence of:

Wilian hisses f By

Tim B. Jackson, Its Sole Managing Member

Unofficial Witness Its Sole Managing Member

Cuelfogemenłął

HOMEMAX OF GEORGIA, LLC

NOTARY

CAR EXPIRES By. CanaM. serrow, PERF

GBOROIA Dana M. Sorrow, Member

DEC. 2,2000

MUELE

WALTO:

Eric D. Sorrow, Member

SEAL AFFIXED DECLARANTS

BK: 5577 PG: 1330-1332 Filed and Recorded 01-31-2025 11:52 AM DOC# D2025-001016

Darid After recording, run in: Cross Reference: KAREN P. DAVID T. Smith Law Firm, P.C. Deed Book 2310, Page 57 CLERK OF SUPERIOR COURT Walton COUNTY 921 Commercial Street Walton County, Georpia Records

Conyers, Georgia 30012

STATE OF GEORGIA

COUNTY OF WALTON

AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS,

AND RESTRICTIONS FOR

BELLE WOODE ESTATES SUBDIVISION

This Amendment to the Declaration of Covenants, Conditions and Restrictions for Belle

forb below. Winde Estates Subdivision (hercinafter referred to as Amendment") is made on the date set

WITNESSETH:

Restrictions for Belle Woode Estates Subdivision was reconted in Deed Book 2310, Page 57, er WHEREAS, on October 3, 2005. that certain Declaration of Covenants, Conditions and

sey. in the Walton County, Georgia land records (hereinafter referred to as theẠOriginal DeclarationẠồi: and

WHEREAS, the Declaration establishes certain casements, restrictions and conditions

Declarant under the Declaration (the - Declarant Rights": applicable to the Community, and certain rights, obligations, privileges and powers of the

referred to as the "Association) is the nonprofit corporation organized and existing under the WHEREAS, Belle Woode Subdivision Homeowners Association, Inc, (hereinafter

Georgia Nonprofit Corporation Code, incorporated with the Georgia Sceretary of State and operating in the Community, and

Declaration which will be rectified in this Amendment: and WHEREAS, a typographical scrivener's error exists in the name of the Association in the

WHEREAS, pursuant to Artiele IX. Section 9.02(b) of this Declaration, the Declaration

five (755) percent of the Owners: provided. however such amendment by the Owners shall not may be amended at any time and from time to time by an agreement signed by at least seventy-

he effective unless also signed by the Declarants if the Declarants are owners of any real property subject to these Covenants: and

to these Covenants and Declarant is required to consent: and WHEREAS, as of the date of this Amendment, Declarant does own real property subject

hereby agiced by written consen to amend the Declaration as hercinafterprovided, which is WHEREAS, at least seventy-five percent (75) ul the Owners and the Declarant have

incorpotated into this Amendmen by this reference: and evidenced by consent forms which are on file with the Secretary of the Association and are

T. Smith Law Firm, P.C. After recording, return to: Cross Reference:

921 Commercial Street Deed Book 2310, Page 57

Conyers, Georgia 30012 Walton County, Georgia Records

STATE OF GEORGIA

COUNTY OF WALTON

AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS,

AND RESTRICTIONS FOR

BELLE WOODE ESTATES SUBDIVISION

Woode Estates Subdivision (hereinafter referred to as "Amendment) is made on the date set This Amendment to the Declaration of Covenants, Conditions and Restrictions for Belle forth below.

WITNESSETH:

Restrictions for Belle Woode Estates Subdivision was recorded in Deed Book 2310, Page 57, et WHEREAS, on October 3, 2005, that certain Declaration of Covenants, Conditions and seq., in the Walton County, Georgia land records (hereinafter referred to as theẠOriginal DeclarationồẠạ; and applicable to the Community, and certain rights, obligations, privileges and powers of the WHEREAS, the Declaration establishes certain easements, restrictions and conditions Declarant under the Declaration (the Declarant Rights"):

WHEREAS, Belle Woode Subdivision Homeowners Association, Inc. (hereinafter referred to as the "Association) is the nonprofit corporation organized and existing under the Georgia Nonprofit Corporation Code, incorporated with the Georgia Secretary of State and operating in the Community: and

Declaration which will be rectified in this Amendment; and WHEREAS, a typographical scrivener's error exists in the name of the Association in the may be amended at any time and from time to time by an agreement signed by at least seventyWHEREAS, pursuant to Article IX, Section 9.02(b) of this Declaration, the Declaration be effective unless also signed by the Declarants if the Declarants are owners of any real five (75%) percent of the Owners: provided, however, such amendment by the Owners shall not property subject to these Covenants: and

to these Covenants and Declarant is required to consent: and WHEREAS, as of the date of this Amendment, Declarant does own real property subject hereby agreed by written consent to amend the Declaration as hereinafter provided, which is WHEREAS, at least seventy-five percent (75%) of the Owners and the Declarant have incorporated into this Amendment by this reference: and evidenced by consent forms which are on file with the Sccretary of the Association and are

Declaration, the Declaration is hereby amended as follows: NOW, THEREFORE, pursuant to the provisions of Article IX, Section 9.02(b) of the

following definition: Article I, Section 1.02 of the Declaration is hereby stricken and replaced with the HOMEOWNERS ASSOCIATION, INC., a non-profit corporation organized under the Georgia Association. Association means BELLE WOODE SUBDIVISION Nonprofit Corporation Code, its successors and assigns.

2.

Article IV of the Declaration is hereby amended by revising Section 4.04(b), as follows: will commence as to each Lot on the first day of the month following the earliest to occur of the The annual maintenance charges shall be $250.00 per year, and assessment following events: (i) upon the occupancy of a permanent dwelling located on the Lot as a resident; or (it) upon the conveyance by a builder who has purchased the Lot from Declarants for the purpose of erecting a dwelling thereon to an Owner or tenant for residential occupancy.

follows: Article IV of the Declaration is hereby amended by adding a new section 4.05(b), as of ownership of a Lot by an Owner, including resales, a capital contribution assessment Capital Contribution Assessments (Initiation Fee). Upon the conveyance (an initiation fee) shall become due and payable to the Association by the new Owner. The initiation fee shall be equal to Two Hundred Fifty Dollars and Zero Cents ($250.00) shall have all rights under the Declaration for enforcement of assessments if it is not paid. The initiation fee shall be payable at Closing, shall not be prorated, and the Association The initiation fee shall not be deemed to be an advance payment of any assessment and may not be paid in lieu of any assessment. The initiation fee shall be in addition to, and obligation of the new Owner and shall constitute a lien against the Lot. not in lieu of any annual or special assessments. The initiation fee shall be the personal account and disbursed by the Association in such a manner and at such times as The initiation fee shall be deposited into the association's general disbursement checking required or permitted to maintain in its sole discretion. determined by the Board for maintenance of any property which the Association is result of a conveyance of a Lot to an Owner's spouse or domestic partner, parent or legal Notwithstanding anything to the contrary herein, no initiation fee shall be due as a through foreclosure upon the lien of any first priority mortgage covering the Lot or the guardian, or child. No initiation fee shall be due from any person or entity who takes title lien of any secondary purchase money mortgage covering the Lot.

4.

the Declaration. Except as set forth herein, this Amendment does not amend any other provision within

Except as herein modified, the Declaration shall remain in full force and effect. Any action to challenge the validity of an amendment adopted under the Declaration must be brought such amendment may be brought after such time. within one (1) year of the amendment's effective, recording date. No action to challenge any

6.

Unless otherwise defined herein, the words used in this Amendment shall have the same meaning as set forth in the Declaration.

IN WITNESS WHEREOF, the undersigned persons being the duly appointed officers of Restrictions for Belle Woode Estates Subdivision this the Association have executed this Amendment to the Declaration of Covenants, Conditions anc 2025. 20 day of Junry 2025

BELLE WOODE SUBDIVISION HOMEOWNERS ASSOCIATION, INC.

Name:

Title: President

broke me this cited Alpa

day of Tanu ar 20 25 Name:

Title: Secretary

Witness

Julie It kyar

Yolary Public

My commission expires:

HAYAN

COON EXPIRES

NOTARL RGIA

PUBLIC

ON COUNT: BAY 05.