Covenants
USDA
Pural
Develoinen
United States Department of Agriculture • Rural Development 111 E. Spring Street, Suite B, Momoe, GA 30655
Phone: (770) 267-1413, ext. 4-Fac (770) 267-1341 • TDD: (706 545-2031 • Wob: hap:/heu rurdev.usda.goviga
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Committed to the future of rural communities.
92/TØ 39vd IDETL9ZØLL BE :60 6002/20/80
0007467 FILED IN CLERK'S OFFICE SUPERIG/MAGISTRATE/
JUVENILE COURT 00474 :04 SEP -8 PM 4: 35
REC. BOOD 4
9-8-04
DRI ANGELA, WATSON, CLERK
STATE OF GEORGIA, RETURN TO: JAMES C. WARNES
COUNTY OF ATHENS-CLARKE. P.O. BOX 1963
ATHENS, GEORGIA 30603 PROTECTIVE COVENANTS FOR BROOKSHIRE SUBDIVISION
THIS DECLARATION OF PROTECTIVE COVENANTS, made and published this the • day of Sepperser - 2004, by Live Oak Communities, LIC, a Georgia limited liability company, hereinafter referred to as Declarant.
WITNESSETH:
THAT WHEREAS, Declarant is the owner of the property known as BROOKSHIRE SUBDIVISION shown on a Plat entitled "FINAL PLAT FOR: BROOKSHIRE, dated April 22, 2004, prepared by Apalachee Land Surveying, Inc., Charles D. Norton, Registered Land Surveyor, and recorded in the Office of the Clerk of the Superior Court of Oconee County, Georgia, as described in Exhibit Arattached hereto and incorporated herein; and
WHEREAS, it is to the benefit and advantage of Declarant and to each and every Person who hereafter purchases any numbered lot in BROOKSHIRE SUBDIVISION, to have Protective Covenants governing and regulating the use and occupancy of the same declared to be covenants running with the lard;
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00475 NOW, THEREFORE, for and in consideration of the premises and of the benefits to be derived by Declarant and each and every subsequent owner of any of the numbered lots in BROOKSHIRE SUBDIVISION, Declarant does hereby establish, promulgate, and declare the following protective covenants to apply to, and only to, each and every numbered lot in BROOKSHIRE SUBDIVISION, the Common Areas and the private roads identified as Brookshire Drive and Brookshire Court, as delineated on the Plat described in Exhibit A, and to all Persons owning these lots, or any of them hereafter. These Protective Covenants shall become effective immediately and run with the land and shall be binding upon all Persons owning or having an interest in any such numbered lot (hereinafter "lot) in BROOKSHIRE SUBDIVISION.
1. DEFINCTIONS.
A. "The Act shall mean the Georgia Properly Owners Association Act, O.C.G.A. §44-3-220, et seg., as the same is or may be hereinafter amended.
B. "Architechiral Control Committee shall mean and refer to the Architectural Control Committee initially comprised of N. Judson Shiver, Bruce A. Azevedo and such other individuals as Declarant may appoint, and thereafter such Persons appointed by the Board of Directors.
C. "Articles of Incorporation" shall mean the Articles of Incorporation of the Association, as the same may be hereinafter amended.
D. "Association" shall mean and refer to the Brookshire Oconee Homeowners Community 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 elected from time to time as provided in this Declaration, the Articles of
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Incorporation, and the By-Laws. The Baard of Directors shall be the governing 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 and Common Element' shall mean all real and personal property submitted to the Declaration which is owned, leased by, used by, or for the benefit of the Association for common use and enjoyment of the members, including drainage easements, detention areas, stilling basins, and undisturbed buffers on individual Lots.
H. Common Expenses shall mean all expenditures lawfally made or incurred by or on behalf of the Association, together with all funds lawfully assessed for the creation and maintenance of reserves pursuant to the provisions of the Declaration.
I. "Declarant shall mean Live Oak Communities, LLC, or its successor in title in the event Live Oak Communities, II.C, sells all of the Lots to a single builder prior to conveying the Common Elements to the Association. In the event of such sale, the Person or entity buying all of such lots shall be the Declarant where the context so requires.
I. "Declaration shall mean this recordable instrument creating covenants upon property, which covenants are administered by a property owners' Association in which membership is mandatory for all owners of lots in the subdivision.
K. Lot shall mean any numbered lot which constitute a single dwelling site designated on the Plat.
I. "Lot Owner" or "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot excluding, however, any Person holding such interest merely as security for the perfomance or satisfaction of any obligation.
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M: "Mortgage" shall mean 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.
N. Person" shall mean any natural Person, as well as a corporation, joint venture, partnership (general or limited), Association, trust, or other legal entity.
O. 'Plat" shail mean the Plat entitled 'FINAL PLAT FOR: BROOKSHIRE", dated April 22, 2004, by Appalachee Land Surveying, Inc., Charles D. Norton, Registered Land Surveyor, and recorded in the Office of the Clerk of the Superior Court of Oconce County, Georgia, as described in Exhibit A attached hereto and incorporated herein.
LAND USE AND KULDING TYPE. No Lot in BROOKSHIRE SUBDIVISION shall be used for any purpose except single-family residence. Provided, however, in the event a single family residence is maintained as a model home for the purpose of marketing single family residences for sale on the subject property, such model home shall be a permitted use. No building shall be erected, altered, placed, or permitted to remain on any numbered Lot other than one (1) detached single family dwelling, constructed and maintained for the use and occupancy of a single family unit and private garage for not more than two (2) cars and other outbuildings customarily used in connection with and incidental to a single family dwelling. ARCEITECTURAL CONTROL. No building, fence, wall or other structure or improvement shall be crected, placed, or altered on any Lot until the construction plans and specifications and a site plan showing location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, as to haimony of external
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00478 design with existing structures, and as to location with respect to topography and finish grade elevation. Approval shall be as provided in Paragrapà 25 below.
4. DWELLING QUALITY AND SIZE.
(A) All one (1)-story dwellings must contain a minimum of one thousand eight hundred
(1,800) square feet of heated interior space and all two (2)-story dwellings must contain a minimum of two thousand (2,000) square feet of heated interior space. (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, rock, and hardy plank siding with wood accents. No vinyl siding shall be used in the development.
S. BUILDING LOCATION. No building shall be located on any Lot nearer to the front line or nearer to the side street line or side or rear Lot line than the minimum building set-backlines shown on the recorded Plat. No dwelling shall be located on an interior Lot nearer than ten (10) feet to the rear Lot line.
DRIVEWAYS. All driveways shall be concrete.
7. FENCES. No fences shall be allowed in front or side yards beyond the rear line of the house extended to the side boundaries of the Lot. The only types of fences which are allowed are a four foot (4) or a six foot (6") wooden privacy fence.
8. MAILBOXES. The Architectural Control Committee shall have the right to approve the location, color, size, design, lettering, and all other particulars of mail and newspaper boxes, if any, and of narne signs on such boxes, as well'as property identification markers and decorative hardware, whether attached to such mailbox, to any structure within the Lot or
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00479 affixed or erected upon the grounds of the Lot. All mailboxes shall be cast iron with the style and shape approved by the Architectural Control Committee.
9. LANDSCAPING. All front yards shall be sodded or hydroseeded and shall have underground irrigation systems suffcient to provide water to the sodded or hydrosecded areas. Such sodding and irrigation shall be completed within thirty (30) days from the completion of the construction of the single family residence located oa Lot.
10. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded final Plats of BROOKSHIRE SUBDIVISION and as otherwise provided in recorded easement documents.
11. NUISANCES. No noxious or offensive activity shall be carried permitted on any Lot, or amenity area, nor shall anything be done thereon, which may be or become an annoyance or nuisance to the neighborhood. Animals, such as unrestrained barking dogs, that make an undue amount of noise shall be considered a nuisance.
12. OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon any Lot; and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on, upon, or in any Lot.
13. ABOVE GROUND STORAGE TANKS. No exposed above ground storage tanks will be permitted on any Lot:
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00480 14. TELEVISION ANTENNAS. Television dish" antennas shall not be permitted in the frout yard of any Lot and shall not be visible from the front yard of any Lot. Antennas on a corner Lot are required to be screened from view from the side street. Any screen required to comply with this requirement must be approved by the Architectural Control Committee.
15. SIGNS. No sign of any kind shall be displayed to the public view on any Lot except one (1) professional sign of not more than three feet by three feet (3'x 3) advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction period.
16. LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot, except that dogs, cats, or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purposes. Pets should be restrained from undue barking or cause of any nuisance to other homeowners.
17. GARBAGE AND REFUSEDISPOSAL. No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or waste. All incinerators or other equipment for the storage or disposal of such material are prohibited. Trash cans will be placed behind front corners of house and allowed in street for pick-up for no more than twenty-four (24) hours on the day of pick-up
18. SEWAGE DISPOSAL. No individual sewage disposal system shall be permitted on any Lot, unless such Lot is not served by public sewer and such private sewerage system is designed, located, and constructed in accordance with the requirements, standards, and recommendations of the Georgia Department of Public Health. Approval of such systems as installed shall be obtained from such authority.
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00481 19. CARS, BOATS, CAMPERS, AND MOTOR HOMES. The parking of any boats, campers, and motor homes on the street or in a driveway is prohibited. Vehicles must be kept in garage or parked on the driveway. On-street parking is provided for visitors, delivery, etc. No vehicle should be left unattended on the side of the street and no vehicle shall be left unattended in on-streat parking locations for more thai twelve (12) hour periods. On-street parking is not for peranent parking. Vehicles left longer than twelve (12) hours may be towed at owner's expense. No on street parking is permitted which would prevent or obstruct the free passage of fire trucks, ambulances, or other emergency vehicles.
20. ACTIVITIES. Any restricted Activities' or uses that tend to detract from the aesthetic character of the property, improvements, or Common Areas used in connection with such activities or uses shall not be permitted unless carried out or conducted as directed by prior written authorization of the Architectural Control Committee.
21. PLAY EQUIPMENT. Play equipment shall be placed no closer to the street than the rear line of the house extended to the side boundaries of the Lot.
22. GARAGES. All garages are to be enclosed with doors. All primary garages must be no less than two cars in size. Unattached garages are permissible as long as such garage is constructed in the same architectural style, with the same colors as the dwelling on the Lot. An unattached garage that meets the above specifications may face the front of the Lot. 23_ SIGHT DISTANCE AT INTERSECTION. No fence, wall, hedge, or shrub planting which obstructs sight-lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the
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intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any Lot which is within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstructions of such sight-lines.
24. HOLIDAY DECORATIONS. There shall be no permanent seasonal decorations (e.g.
Christmas) allowed on any Lot. All such holiday decorations and lighting must be removed no later than thirty (30) days after the holiday for which they were displayed.
25. ARCHITECTURAL CONCROL COMMITTEE.
(A) Membership. The Architectural Control Committee is composed of N. Judson
Shiver and Bruce A. Azevedo. The Committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the remaining member shall have full authority to designate a successor. Neither the members of the Committee nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant.
The Architectural Control Committee shall have the right to grant variances to these Covenants provided that the variance is in writing and signed by a majority of the Architectural Control Committee. Variance may not be granted for anything required by Oconee County Ordinances or state law.
(B) Procedure. At such time as Declarant sells its last Lot in BROOKSHIRE
SUBDIVISION, the Board of Directors of the Corporation specified below shall
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appoint an Architectural Control Committee of not less than three (3) and not more than seven (7) Persons. The Committee's approval or disapproval of any matter required in these Covenants shall be in writing. In the event the Committee, or its desiguated representative, fails to approve or disapprove any such matter within fourteen (14) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, written approval will not be required and the related covenants shall be deemed to have been fully complied with.
26. PLAN APPROVAL. No residence, building, fence, wall, road, driveway, sidewalk, parking area, or other sincture or improvement of any kind shall be erected, placed, altered, added to, modified, maintained, or reconstructed on any Lot until the plans therefor, and for the proposed lacation thereof upon the Lot, shall have been approved in writing by the Architectural Control Committee. Improvement' shall mean and inchude any improvement, change, or modification of the appearance of a Lot from the state cxisting on the date of the conveyance of such Lot by Declarant to a Lot Owner. Before taking any action requiring approval under this Section, a Lot Owner shall submit a construction schedule and two (2) compiete sets of final plans and outline specifications, together with a site plan (which site plan shall show driveways, patios, decks, accessory buildings, utility corridors, and all other components referenced in the first sentence of this Section), landscape layout, floor plans, exterior elevations, and exterior materials, colors, and finishes. The site plan must be prepared by an architect, engineer, landscape architect, or similar professional. Additionally, all brick selection must be approved by the Architectural Contol Committee. No changes or deviations in or from plans and specifications as approved shall be made without the prior
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written approval by the Architectural Control Committee. No alteration in the axterior appearance of any building, structure, or other improvement shall be made without the approval of the Architectural Control Committee. Further, before beginning any construction, the name of the builder must be submitted to the Architectural Control Committee and approval by the Architectural Control Committee as to builder's experience and ability to build houses or other structures of the class and type of those which are to be built on the Property must be granted. The Architectural Control Committee shall act upon receipt of such information to approve or disapprove the same within fourteen (14) days of such submittal. Failure of the Architectural Control Committee to act shall constitute an approval of the plans and specifications submitted. Neither the Architectural Control Committee, nor any Person or party to whom thé Architectural Control Committee shall assign such function, shall be responsible or liable in any way for the performance of any builder or for any defects in any plans or specifications approved in accordance with the foregoing nor for any structural defects in any work done according to such plans and specifications. The Architectural Control Committee may refuse approval of plan, 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 Committec's right to disapprove subsequent improvements to the same Lot.
• 27. RIGHT OF ENJOYMENT. Every Owner shall have a right and easement to use and enjoy the Common Property ia 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
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00485 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 Corimon Property subject to such limitations, and upon such ters and conditions, as it may from time to time establish. Except for the right to use the streets and the easement for drainage and stori water detention which may not be interfered with, the right and easement of enjoyment granted or permitted by this section to any Owner is subject to suspension by the Association as provided herein.
28. DAMAGE TO OR DESTRUCTION OF COMMON PROPERTY. Repair, reconstruction, OF rebuilding of the Common Property following damage or destruction to all or any portion of the Common Property shall be governed by the following provisions:.
Section 1. Estimates of the cost of repair. As soon as practicable following the occurence of any damage to, or destruction of, any portion of the Common Property, the Board of Directors shall obtain reliable and detailed estimates of the cost of repairing and restoring such portion of the Common Property so damaged or destroyed to substantially the same condition as such portion of the Common Property was 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. Section 2. Determination to Repair. Reconstruct, or Rebuild. Any damage to, or destruction of, the Common Property will be repaired, reconstructed, or rebuilt unless the Owners of the Lots to which seventy-five percent (75%) of the votes in the Association are allocated shall determine within forty-five (45) days after the occurrence of the casualty not to repair, reconstruct, or rebuild the same.
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00486 Section 3. Manner of Repair. Reconstruction. or Rebuilding. All repairs,
reconstruction, or rebuilding to be made as a result of damage by fire or other casualty shall be made in accordance with the following provisions:
(A) The damage shall be repaired, reconstructed, or rebuilt substantially in accordance with the plans and specifications for such damaged property priorto the occurrence of the damage:
(B) All the work or repairing, reconstructing or rebuilding any portion of the Common
Property, the damnage to or destruction of which cause the payments of insurance liability insurance benefits under insurance policies maintained by the Association, shall be performed under the supervision of the Board of Directors which, in discharging such supervisory responsibility, shall be authorized to employ such building supervisors and architects as the Board of Directors shall deem to be in the best interest of the Association.
Section 4. Cost of Repairs. Reconstruction. or Rebuilding. The cost of repairing,
reconstructing, or rebuilding any portion of the Common Property which have been damaged of destroyed shall be paid with any insurance proceeds which shall be paid to the Association on account of such damage or destruction. If such insurance proceeds are not sufficient to defray such cost of repair, reconstruction or rebuilding, then the Board of Directors may levy a special assessment against all of the Lot Owners to raise the excess funds necessary to defray such cost.
29. HOMEOWNER'S ASSOCIATION. BROOKSHIRE OCONEE HOMEOWNERS
COMMUNITY ASSOCIATION, INC. (the "Association) is a Georgia not for profit
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00487 corporation. Every Owner of a Lot in BROOKSHIRE SUBDIVISION shall be a member of the Association. Lot Owners are sometimes herein referred to as Members. If title to a Lot is held by more than one (1) Person, each of such Persons shall be members. Membership shall be appurtenant to each Lot and such membership shall be transferred automatically upon transfer or conveyance of the Lot. Notwithstanding the above, each Lot shall be entitled to one (1) vote in the Association.
The provisions of this Article are to be amplified by the Articles of Incorporation and ByLaws of the Association provided, however, 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, or the By-Laws of the Association, this Declaration, the Articles of Incorporation, and the By-Laws, in that order, shall prevail.
30. COMMONAREA PROPERTY AND CONTROL OFTHE ASSOCIATION. Certain parcels have been delineated on the Plat as Green Space or Common Area (the Common Froperty). The Common Property has been conveyed to the Association contemporaneously herewith. This conveyance is subject to the Conservation Easement recorded contemporaneously herewith. At such time as forty (40) residences have been sold to owners other than builders who are building houses for sale to owners, control of the Association shall be delivered to the Lot Owners. Brookshire Drive and Brookshire Court are private roads and have been conveyed to the Association contemporaneously herewith.
31. 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
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00488 Common Areas of BROOKSHIRE SUBDIVISION and shall be govered 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/her or his/her Lot or Lots in accordance with the terras 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. Each Lot Owner shall also be liable to the Association for such monetary damages as the Association or its members may suffer or incur as a resuit of a Lot Owner's violation of or refusal to comply with these covenants.
(B) Creation of the Lien and Personal Obligation for Assessment. Each owner of any Lot by acceptance of a deed or other conveyance thereof, whether or not so expressed in any such deed or other conveyance, covenants and agrees to pay to the Association any 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 Lots to third parties.
Uniform Rate of Assessment. All annual assessments shall be fixed at a uniform rate for all Lots. The Initial Annual Assessment shall be set at Three Hundred Fifty and No/100 Dollars ($350.00). 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
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00489 Owner at the purchase of the Lot from Declarant or from the builder shall pay a one time capital contribution of Two Hundred and no/100 Dollars ($200.00) to the Association for the creation of the reserve fund required by Section 1413.1.e. of the Zoning Regulations of Oconce County, Georgia.
Purpose. Assessments shall be levied against the Lot Owners and the Lots to defray the Common Expenses of the Common Property. The Common Expenses of the Common 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:
All expenses related to the maintenance and repair of the private roads, the club house, the pool (if any), the Common Areas, the buffer zones, and the storm water detention facilities located on the subject Common Property;
Premiums for all insurance policies maintained by the Association;
The expenses of performing the maintenance, repair, renovation, restoration, and replacement work which is the responsibility of the Association hereunder;
(iv) All expenses related to the maintenance and repair of the entrance and any recreation facility located on any of the Common Property of BROOKSHIRE SUBDIVISION; • • (V) The Association is responsible for the upkeep and maintenance of all Common
Property, including, but not limited to, grass cutting, tree pruning, trail maintenance, storm water maintenance, decorative entrance, and taxes;
(vi) The Association is responsible for the upkeep and maintenance of the private roads, the club house, the pool (if any), the buffer zone and the storm water detention facilities; and
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(vii) Such other costs and expenses as may be determined from time to time by the Board of Directors to be Common Expenses.
(E) • Special Assessments. If for any reason, including nonpayment of any Lot Owner's assessments, an annual budget adopted by the Board of Directors for any fiscal year proves inadequate to detray the Corumon 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.
(F) Special Assessments for Capital Improvements. In addition to the assessments which shall be levied against the Lot Owners, the Board of Directors shall be authorized, upon the affirmative vote of two-thirds (2/3) 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 making repairs or replacements which are not provided for in the then current budget of the ' Association. Any such special assessment for the capital improvements and repairs shall be payable at such time and in such installments as the Board of Directors may determine.
(G) 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 herein provided.
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In the event that any Lot Owner shall fail to pay any installment of any assessment levied against him/her within ten (10) days after such installment shall be due and payable, such owner shall pay, in addition to the amounts so due the Association: (a) A late charge equal to Ten Dollars ($10.00) or Ten Percent (10%) of the amount so due, whichever is greater;
(b) Iuterest on the amount so due, including the late charge, from the date same became due and payable, at the rate of Ten Percent (10%) per annun, until paid;
(c) The cost of collection, including court costs, the expenses of sale, any expenses required for the protection and preservation of the Lot, and reasonable attorney fees actually incurred; and
(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 judgmentrendered in such suit is otherwise satisfied). All sums lawfully assessed by the Association against any Lot Owner, 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 furnished 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 frst priority Mortgage covering the Lot and the lien of any Mortgage recorded prior to the recording of the Declaration; or
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00492 (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. (1) The rights of 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 any Lot owned 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.
H. Suspension of Privileges.
(1) 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 below, 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 as set forth bolow.
(b) Shall be delinquent in the payment of any assessment by the Association provided for herein; or
Shall be in violation of the rules and regulations of the Association relating to the use, operation and maintenance of Common Property.
Right of Abatement. 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 Lot Owner selting forth in reasonable detail the nature of such violation or breach and Actions needed to be taken to remedy such violation or breach within thirty (30)
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00493 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 nocify any or all Mortgagees having a security interest in the owner's Lot or Lots that such Lot Owner is it 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, means the rights of the Association, through its agents and employees, to enter at all reasonable tires upon any Lot on which a violation; breach or other condition to be remedied exists, and to take the Actions specified in the notice to the Lot Owner to abate, extinguish, remove, or repair such violation, breach or other condition which may exist thereon 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 Lot Owner enforceable in law, as well as a lien on such Owner's Lot enforceable pursuant to the provisions of this Section 30.
32. INSURANCE. The Association shall obtain and maintain hazard insurance for all improvements on the Common Property and a comprehensive policy of public liability insurance covering ali of the Common Elements.. Such liability insurance policy shall contain a "severability of interest" endorsement which shall preclude the insurer from
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00494 denying the claim of a Lot Owner 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 Five Hundred Thousand Dollars ($500,000.00) for injury including death to a single Person; One Million Doliars ($1,000,000.00) for injury or injuries, including death, arising out of a single occurrence; and Fifty Thousand Dollars (350,000.00) for property damages, with a cross-liability endorsement to cover the Lot Owners as a group and shall include protection for damage to the properly of others.
33_ STORM WATER DETENTION AREAS. The storm water detention facilities set forth on the Plat of the subject property shall be conveyed to the Association and shall be maintained by the Association as provided by the laws and regulations of Oconee County and the State of Georgia, including the maintenance of liability insurance on said facility as provided herein. 34. TERMS. 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 Brookshire Drive and Brookshire Court may not be rescinded or deleted unless such roads shall be conveyed to and accepted by Oconee 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 BROOKSHIRE SUBDIVISION.
35. DISSOLUTION OF CORPORATION. In the event of the dissolution of the Association, the assets thereof shall be distributed to the members at the time of such dissolution or conveyed
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00495
to one or more non-proft organizations having purposes similar to those of the Association. Dissolution ofthe Association is prohibited without first obtaining written approval from the Oconee County Board of Commissioners to accept Brookshire Drive and Brookshire Court as public roads to be maintained by the County.
36. SPECIFIC PERFORMANCE. Nothing contained in this Declaration shall be deemed to affect or limit the rights of the Declarant, the Association or any Lot 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 beneñiciary hereof, its transferces, successors or assigos, 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.
37. ENFORCEMENT. Euforcement shall be by proceedings oflaw or inequity against any Person or Persons violating or attempting to violate any covenant either to restrain violation or to recover damages, or both as may be applicable depending upon the nature of the violation. 38. SEVERABILITY. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
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00498
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this instrument under seal effective the day of Serbonbet, 2004.
LIVE OAK COMMUNITIES, LLC, DECLARANT
By: _(Seal)
Kudson Shiver, Manager
• Signed, sealed, and delivered
in the presence of:
Witess
Notary Public,
NOTARL
BONSÉNT-
AY 25. 2003-
Brokshire Oconce Homeowners ConfiNE AS elaion, Inc, hexeby consents to the provisions of these Protective Covenants as the same gover the Private Roads and Common Areas of Brookshire Subdivision.
This & day of So pember 2004.
BROOKSHIRE OCONEE HOMEOWNERS'
COMMUNITY ASSOCIATION, INC
By:
Attest:
Notary Public,
NOTARL
i Spage 23 08 23
PUBLIC
HARROW COUS A MULY SH
96/72 3500 TE129202¿. BE •60 6002/20/80
00497 EXHIBIT A
PROTECTIVE COVENANTS - BROOKSEIRE SUBDIVISION
contained in BROOKSHIRE SUBDIVISION, and the common areas, including the buffer zones The property which is the subject to those Protective Covenants are all of the numbered lots same are more particularly shown on a plat entitled 'Final Plat for Brookshire", dated April 22, along the exterior of the subdivision, amerity areas, and private roads serving Brookshire, as the 2004, prepared by Appalachee Laud Surveying, Inc., Charles T. Norton, Registered Land Surveyor, and recorded in the Oifice of Clerk of the Superior Court of Oconee County, Georgia, in Plat Book 35, Page 124-129 which plat is incorporated herein by reference thereto.
entitled "Daycare Lot, 1.985 acres" and the buffer immediately contiguous thereto on the West side Specifically excluded from the obligations and requirements of these Protective Covenants is the lot Neither Declarant nor the Association shall have any responsibility for maintaining either of these of the property and the ten foot (10) evergreen buffer located on the North side of the Daycare Lot. buffers or any other improvement on the Daycare Lot (except for maintenance of the 20' drainage easement which is governed by a Separate Maintenance Agreement), all of which are specifically excluded from these Protective Covenants.
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