Covenants
001/U 080753.
00001703
After recording, return to:
Donald W. Hansford, PC 02 DEC 12 Pii 12:51 P 0 Box 1376
Watkinsville, GA 30677 633 120-180
Mr 1a12-02
DECLARATION OF PROTECTIVE COVENANTS
FOR
CHRISTIAN LAKE
THIS DECLARATION OF PROTECTIVE COVENANTS, made as of the 107 day of Decemuey, 2002 by DBH, LIc, a Georgia limited liability (hereinafter referred to as "Declarant"), fox CHRISTIAN LAKE SUBDIVISION (hereinafter referred to as the "Subdivision") pursuant to Final Plat of said subdivision recorded in Plat Book 34, Pages 114-11?, Records of Oconee County, Georgia (hereinafter referred to as the "Plat"),
WITNESSETH
WHEREAS, Declarant is the owner of the Subdivision, the Subdivision being a subdivision of all of those certain lots, tracts or parcels of land lying and being in the 221" District, G. M. of Oconee County, Georgia and being more particularly described on the ' above-referenced plat of record, which said plat is incorporated herein by reference; and
WHEREAS, it is to the interest, benefit and advantage of Declarant and each and every person who shall hereafter purchasc any lot in the Subdivision- (hereinafter collectively referred to in the singular as a "Lo% ' and in the plural as "Lot s") that certain protective covenants governing and regulating the use and occupancy of the Subdivision be established, set forth and declared to be covenants running with the land.
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 Lots, Declarant does hereby set up, establish, promulgate and declare the following protective covenants to apply to all of the Lots and to all persons owning the Lots, or any of them,
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hereafter. These protective covenants shall be binding on all persons claiming under and through the Declarant for a period of twenty (20) 1:180 years from and after the date of this instrument, at which time such covenants may be extended as hereinafter provided.
1. Land Use and Building Type. No Lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any Lot other than one detached single-family dwelling unit and one ancillary building in keeping with the general scheme of residential use and being ancillary thereto. Any permitted ancillary building must be located in rear of dwelling and be constructed of the same materials as the dwelling to insure that exterior of ancillary building matches the exterior of the dwelling.
2. Architectural Control. No building or ancillary building shall be erected, placed or altered on any Lot until the construction plans and specifications and plans showing location of the structure has been approved by the Architectural Control Committee, as described in Section 17 below, as to quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finished grade elevation. No fence or walls shall be erected, placed or altered on any Lot nearer to any street than the minimum building set-back line unless similarly approved. Approval shall be obtained as provided in Section 17 below.
3. Dwelling Size, Quality, Material. It being the intention and purpose of this covenant to assure that all dwellings shall be of the quality of workmanship and materials, minimum size, exclusive of one-story open porches, garages and basements, shall be not less than FOURTEEN HUNDRED (1400) square feet of heated floor space in a onestory dwelling and not less than FIFTEEN HUNDRED (1500) square feet of heated floor space in a two-story dwelling. All dwellings must be erected in conformity with Oconee County regulations concerning minimum standards. Only conventionally constructed (i.e., "stickbuilt"), permanent dwellings shall be erected on any Lot. NO dwelling or building shall have concrete blocks as any portion of the exposed finished material. Concrete blocks may be used only as foundations. All structures shall be completely finished with brick or "Hardiplank" siding on all sides, including chimney (s) if on an exterior wall.
4. Building Location. No dwelling or building shall be located on any Lot nearer to the front line of the Lot or nearer to the side
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lines than the minimum building set-back lineshown on the Plat. For the purposes of this covenant, steps and walkways shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another Lot.
5. Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. Drainage flow shall not be obstructed nor diverted from drainage or utility easements as designated above or on the recorded Plat.
6 . Nuisances. No noxious or offensive activities shall be carried on or upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the Subdivision neighborhood.
7. Temporary Structures. No structure of a temporary character, trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence, either temporarily or permanently.
8. Fences. Only ornamental fencing and walls conforming architecturally to the principal dwelling located on a lot shall be erected or constructed on a lot. All fencing and the exterior of any wall shall be located no nearer to any street than the rear line of the dwelling. All fencing and walls must be approved by the Architectural Control Committee prior to installation.
9. Clothes Lines and Tanks. No clotheslines, drying racks or fences used for drying clothes shall be constructed or permitted on any lot. No exposed above ground tanks shall be permitted for the storage of fuel, water or any other use.
10. Signs. No sign of any kind shall be displayed to the public view on any Lot except for one (1) sign of not more than four (4) square feet advertising such Lot for sale or rent or signs used by a builder to advertise the Lot during the construction and sales period or to advertise an established model home.
11. 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. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.
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12. 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 that they are not kept, bred or maintained for any commercial purposes and further provided that such keeping does not create a nuisance to the neighborhood. No vicious dogs or other animals that may be a threat to children or other humans may be kept or maintained.
13. Garbage and Refuge Disposal. No Lot shall be used Or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. A11 containers, incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
14. Sewerage Disposal. No individual sewerage-disposal system shall be permitted on any Lot unless such 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 the appropriate governmental authorities.
15. Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) feet 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 fifteen (15) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines as extended. The same sight-line limitations shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of the driveway pavement of such Lot. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a sufficient height to prevent obstruction of such sight lines.
16. Common Area Maintenance. Any common areas and elements shall be maintained by the Declarant, or the Association once Declarant relinquishes control as provided herein, and all costs for maintenance, repair, improvement, and insurance shall be lien assessable against the Residential Lot Owners as provided for herein.
17. Architectural Control Committee. The Architectural Control . Committee shall be composed of the officers of DEH, LIC. The majority
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of the Architectural Control Committee may designate a representative to act for it. In the event of the death or resignation of any member of the Architectural Control Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Architectural Control Committee, nor its designated representative, shall be entitled to any compensation ior services performed pursuant to this instrument. The approval or disapproval of the Architectural Control Committee as required by this instrument shall be in writing. In the event the Architectural Control Committee, or its designated representative, fails to approve or disapprove plans and specifications within thirty (30) days after such plans and specifications shall have been submitted to it, then the approval of the Architectural Control Committee shall be deemed to have been given and compliance with the related covenants shall be deemed to have been made. For any lot owner, or its agent, to rely on the provisions of this section for failure of the Committee to respond with the time period designated, any such person or entity seeking approval of plans and specifications must first have made such request in writing and transmitted same to Architectural Control Committee via certified mail, return receipt requested to Post Office Box 369, Watkinsville, Georgia 30677, or such other address as the Committee may designate.
18. Homeowner's Association.
18.1 The Association.
The Declarant, upon relinquishing control of the common areas and elements, will cause to be formed a Homeowners Association to manage the common areas and elements, to otherwise enforce these covenants, and to collect dues as needed.
18.2 Membership.
Every person who is an Owner of a Lot shall be a member of the Association; provided, however, that any Person who owns such interest merely as security for the performance of an obligation shall not be a member of the Association.
18.3 Classes of Membership; Voting Rights.
The Association shall have one class of membership.
18.4. Suspension of Membership Rights.
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ve The membership rights of any member, including the right to vote, may be suspended by the Association's Board of Directors pursuant to authority granted in the Association's By-Laws, as ed amended from time to time. Any such suspension shall not affect such es members' obligations to pay assessments past due or coming due during oi the period of suspension and shall not affect the permanent charge nt and lien on the members' property in favor of the Association.
or 18.5. Meetings of the Membership.
er
en All matters concerning meetings of members of the Association, ed including the time in which and the manner in which notice of any of be said meetings shall be given to members of the quorum and percentage 1y vote required for the transaction of business of any meetings.
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ty 19. Assessments.
19.1. Creation of the Lien or Personal Obligation for ce Assessments.
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The Declarant or the Association, as the case may be, shall have the authority to establish Assessments. Each lot owner, by acceptance of a deed or other conveyance for any lot being a part of the Property, whether or not it shall be so expressed in any deed or other conveyance, shall be deemed to covenant and agreed to pay the Declarant or the Association, as the case may be : (a) Annual as assessments and charges and (b) Special assessments; such assessments to to be fixed, established and collected from time to time as se hereinafter provided. The annual and special assessments, together with such interests thereon on the land, shall be a continuing lien upon the property against which each such assessment is made and shall also be the personal obligation of the person who is the record owner of the property at the time the assessment fell due.
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ch 19.2. Purpose of Assessment.
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The assessments levied under this Section 19 shall be used exclueively wer the our the member and the referamon he, fa safety and welfare of the members and their tenants particular, for the servicing, improvement, insuring and maintaining the common areas and elements and other facilities related thereto devoted to such purposes and related to the use and enjoyment of the Property, and for the maintenance of the landscaped entrance area or areas (the "Entrance Areas") of the Subdivision, including, but not . limited to, the payment of taxes and insurance thereon and repair,
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replacement and additions thereto, and for the cost of labor, equipment, materials, management and supervision thereof. Such portion of the annual assessments levied by the Association under this Section 19 as may be necessary for such purposes shall be devoted to promoting the recreation, health, safety and welfare of the members and their tenants and establishing and maintaining reserves for the maintenance, repair, replacement and operation of the common areas and elements and other facilities and the entrance area or areas.
19.3. Basis of Annual Assessments.
The annual assessment allocated and charged to each lot owner shall be set annually by the Declarant or the Association, as the case may be.
19.4. Special Assessments.
Upon the affirmative vote of the holders of fifty-one percent (51₴) or more of the vote of those then entitled to vote of all classes of membership of the Association, the Association may levy and collect a specific special assessment so authorized for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction or unexpected repair or replacement of a capital improvement upon the common areas and elements, including any necessary fixtures or personal property related thereto; or for the purpose of increasing the annual assessment by an amount in excess of what is authorized by this Section.
19.5. Equality of Assessment among Residential Units.
No Residential Unit/Lot within the Property shall bear a higher assessment than any other Residential Unit within the Property.
19.6. Date of Commencement of Annual Assessments; Due Dates-
(a) The Declarant, or the Association's Board as the case may be, shall send written notice of the annual assessment and the amount of such assessment to every member subject thereto at least ten (10) days in advance of each annual assessment. Unless otherwise provided by the Association's Board of Directors, the entire amount of the annual assessment for each Residential Unit shall become due and payable to the Declarant or Association, as the case may be, on the 15t day of January of each year and shall be paid without further
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notice; provided however that in the event the Declarant or the Board of Directors shall fail to send written notice of the annual assessment to members at least ten (10) days prior to the annual assessment period the payment for the annual assessment shall not be due until ten (10) days after such notice is given; the failure to notify ten (10) days prior to the annual assessment period shall not however reduce the amount of the assessment due and payable.
The annual assessment shall be established on a calendar year basis and shall commence as to each member when he or she becomes a lot owner.
The first annual assessment payable with respect to a Residential Unit shall be adjusted according to the number of days remaining in the calendar year following the date of purchase of a Residential Lot.
(b) The Declarant, or the Association as the case may be, shall, upon demand at any time, furnish to any member liable for any assessment a certificate in writing signed by an officer of the Association setting forth whether said assessment has been paid. A reasonable charge, as determined by the Board of Directors may be made for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid.
19.7. Effective Nonpayment of Assessment: the Personal Obligation; the Lien; Remedies of the Association.
(a) If an assessment is not paid on or before the date when due then such assessment shall become delinquent and shall, together with such interest thereon and the cost of the collection thereof if hereinafter, thereupon become a continuing lien on the delinquent owners' property which shall bind such property in the hands of the then ownez, his heirs, designees, personal representatives, successors and assigns. In addition to the lien rights, the personal obligation of the then owner to pay such assessments shall remain his personal obligation and shall also pass to his successors in title. Such owners shall nevertheless remain as fully obligated as before to pay to the Association any and all amounts which he was obligated to pay immediately preceding the transfer; and such owner and such successors in title shall be jointly and severally liable with respect thereto, notwithstanding any agreement between such owners and successors in title creating any indemnification of the owner or any relationship of principal and surety as between themselves.
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(b) If assessment is not paid within thirty (30) days after the due date, such assessment shall bear interest from the date of the delinquency at the lesser of the highest rate permitted by law or twelve percent (12%) per annum, and the Declarant, or the Association as the case may be, may bring legal action against the owner personally obligated to pay the same or foreclose its lien against such owner's property in which event, interest, costs and attorney's fees equal to fifteen percent (15%) of the principal amount shall be added to the amount of such assessment as may then be due. Each owner by acceptance of a deed or other conveyance of his or her property, invests in the Association or its agents the right and power to bring all actions against him or her personally for the collection of such charges as a debt and to foreclose the aforesaid lien in an appropriate proceeding and lowex equity. The lien provided for in this Section shall be in favor of the Declarant, or the Association as the case may be, and shall be for the benefit of all other members. The Declarant, or the Association as the case may be, acting on behalf of the other members shall have the power to bid in the owners' property at any foreclosure sale and to acquire, hold, lease, mortgage and convey the same. No member may waive or otherwise escape liability for the assessment provided for herein by nonuse of the common areas and elements and facilities. The Declarant, or the Association as the case may be, shall not waive any liens or rights it may have against any member or such member's Residential Unit/Lot without the approval of holders of fifty-one percent (51%) or more of the vote of those then entitled to vote all classes of membership.
(c) If the assessment is not paid within thirty (30) days after the due date, the Declarant, or the Association as the case may be, may also suspend the membership rights of the delinquent member, including the right to vote, the right of enjoyment in and to the common areas and elements and facilities and the right to receive and enjoy such servicing and other benefits as may then be provided by the Association. Any such suspension shall not affect such members obligation to pay assessments, due during the period of such suspension and shall not effect the permanent charge and lien on such members property in favor of the Association.
19.8. Subordination of Charges and Liens to Mortgages.
(a) The liens and permanent charges of all assessments and charges authorized herein (annual, special or otherwise) with respect to any restrictive property is hereby made subordinate to the lien of any first mortgage placed on such property if, but only if, all assessments and charges with respect to such property authorized
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herein having a due date on or prior to the date of the mortgage as filed of record have been paid. The liens and permanent charges hereby subordinated are only such liens or charges as relate to assessments and charges authorized hereunder having a due date subsequent to the date such mortgage is filed of record and prior the satisfaction, cancellation or foreclosure of such mortgage or the sale or transier of the mortgage property pursuant to any proceeding in lieu of foreclosure or the sale of transfer of the mortgage property pursuant to a sale under power contained in such mortgage.
(b) Such subordination is merely a subordination and shall not relieve the owner of the mortgaged property of his personal obligation to pay all assessments and charges coming due at any time when he is the owner of such property; shall not relieve such property from the liens and permanent charges provided for herein (except to the extent a subordinated lien or permanent charge is extinguished as a result of such subordination as against a mortgagee or such mortgagee's assignee or transferee by foreclosure or by sale under power); and no sale or transfer of such property to the mortgagee or to any other person pursuant to a decree of foreclosure, or pursuant to any other proceeding in lieu of foreclosure or pursuant to a sale under power, shall relieve any existing or previous ownex of such property of any personal obligation or relieve such property or the then owner of such property from liability for any assessment or charges authorized hereunder become due after such sale and transfer.
20. Term. The covenants contained in this instrument are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from and after the date this instrument is recorded, after which time such covenants shall automatically extended for successive periods of twenty (20) years until the recordation of an instrument of termination within two (2) years of the expiration of the initial twenty (20)-year period or any extension thereof, such instrument having been executed by a minimum of fity-one percent (51%) of the record owners of the Subdivision.
21. Enforcement. Enforcement of the covenants contained in this instrument shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages.
22. Severability. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other
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provisions of this instrument which shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed under seal, as of the day and year first above written.
DBH, LLC
Executed in the presence of:
Liesatli
Notary Public Keeretari
Commission Expires: 11-2-03
[NOTARIAL SEAL]
The undersigned, previously having taken title to certain Lots located within Christian Lake Subdivision, hereby join into these Covenants and hereby agree that each of the undersigned's Lots shall be burdened by these Covenants.
Executed in the presence or: DICKENS FARMS, INC
By: Note W9 k _ V.P.
usal James BELL
Notary Public
Commission Expires: 11-2-03
[NOTARIAL SEAL] Title
Executed in the presence of: LANE & XAN
cyap By :
Unoi Ficial Witness Iitig. Member
Insal. Somers
Netary Public
Commission Expires: 11-2-03
[NOTARIAL SEAL]
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BOOK 1085 PAGE 220
FILED DOC# 000806 02/18/2011 IN OFFICE BK = 1085 PG: 22010:3 ANGELA WATSON CLERK OF SUPERIOR COURT OCONEE COUNTY
SHE CHRISTEN LARE SUBDIVISION HOA, VC. °. O. Bez 651 Prase Crow-Hahracon We Watkinaville, Georgis 30677
AMENDMENT TO THE DECLARATION
OF PROTECTIVE COVENANTS FOR CHRISTIAN LAKE
BOOK 1085 PAGE 221
FFICE
10:32źŚ BK:1085 PG=221
6:220-52
SOM STATE OF GEORGIA
UPERIOR
COUNTY OF OCONEE
AMENDMENT TO THE DECLARATION
OF PROTECTIVE COVENANTS FOR CHRISTIAN LAKE
THIS DECLARATION is made on the date hereinafter set forth by THE CHRISTIAN LAKE
SUBDIVISION HOA, INC. (hereinafter referred to as "Association).
WITNESSETH:
WHEREAS, the Association is the owner of or represents owners of certain real property located in Oconee County, Georgia, which property is more particularly described in Exhibit At attached hereto and made part of this Amendment; and
WHEREAS, the Association, a Georgia non-profit corporation, is to perform certain functions for the
common good and general welfare of the Owners (as hereafter defined); and
NOW THEREFORE, lot owners of Christian Lake Subdivision through THE CHRISTIAN LAKE SUBDIVISION HOA, INC. does hereby declare that all that tract or land described in "Exhibit A" shall be held, sold, and conveyed subject to this AMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS FOR CHRISTIAN
LAKE, which is for the purpose of enhancing and protecting the desirability and attractiveness of said real property. The Association further declares that this AMENDMENT TO THE DECLARATION OF PROTECTIVE
COVENANTS FOR CHRISTIAN LAKE shall run with the title to said real property under the same terms as the
original DECLARATION OF PROTECTIVE COVENANTS FOR CHRISTIAN LAKE dated the 10h day of
December, 2002 and being recorded in Deed Book 633, Page 170 in the Office of the Clerk of Superior Court for
Oconee County and any other amendments of record, 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, inure to the benefit of each Owner, his heirs, grantees, distributes, successors and assigns, and to the benefit of the Association.
ARTICLE ONE
DEFINITIONS
The following words, when used in this Amendment to the Declaration of Covenants and Restrictions, shall have the following meanings:
1.01 Architectural Design Guidelines. - Standards of the Architectural Control Committee to be adopted from time to time by the Architectural Control Committec or the Board of Directors.
1.02 Architectural Control Committee. (ACC) - The Board shall have the right, owner and authority to elect an
ACC which shall consist of not less than three (3) Owners of Lots. The rules and regulations pursuant to
which such ACC shall act are prescribed by the Board.
1.03 Association. - THE CHRISTIAN LAKE SUBDIVISION HOA, INC. (a non-profit corporation organized
under the Georgia Nonprofit Corporation Code) through it duly elected Board of Directors, its successors and assigns.
1.04 Board. - The duly elected representatives of THE CHRISTIAN LAKE SUBDIVISION HOA, INC.
30OK 1085 PAGE 222
EK: 1085 PG=222 1.05 Buider: - Any person principally engaged in the business of construction of properties within Chrisian La Subdivision.
1.06 Christian Lake Subdivision. All that tract or land described in "Exhibit A".
1.07 Bylaws. - The Bylaws of THE CHRISTIAN LAKE SUBDIVISION HOA, INC
1.08 Common Property. = All real property, including an portion of a Lot, (together with алу and all improveac nor or hereafter located thereon) and all personal property now or hereafter owned by the Association, or in certain instances over which the Association has been granted permanent casements for the common use and enjoyment of the Owners and/or maintenance. Common Property shall also mean those areas on the final plat(s) for Christian Lake Subdivision designated as Common Property and/or Common Areas and/or Easement Areas.
1.09 Declaration. - This AMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS FOR
CHRISTIAN LAKE
1.10 Lot. - Any numbered parcel of land shown upon those plats of survey of Christian Lake Subdivision described in Exhibit A which are duly recorded in the official land records of Oconce County, or as similarly shown, on supplement surveys of such tract, as provided herein; provided however that no portion of the Common. Property shall ever be a lot.
1.11 Member. - Any owner of record for a lot contained within Christian Lake Subdivision as defined in paragrape
18.1 of the original covenants.
1.12 Original Covenants. THE DECLARATION OF PROTECTIVE COVENANTS FOR CHRISTIAN LAKE dated the 10h day of December, 2002 and recorded in Deed Book 633, Page 170 of the Clerk of Superior Court for Ocone County, Georgia and any Amendments filed of record after the 10ồẠại day of December, 2002 but before the date of filing for this Amendment.
1.13 Owner. - The record Owner, whether onc or more persons, of the fee simple title to any Lot or Structure but excluding those persons having such interest merely as security for the performance of any obligation. 1.14 Property. - That certain real property hereinabove described together with such additional real estate as the
Association may acquire and subject to the provisions of the Declaration of Covenants, Conditions, and Restrictions in accordance with the provisions of Article X hereof.
1.15 Restriction. - All covenants, restrictions, easements, liens, and other obligations created or imposed by this Declaration.
1.16 Structure. - meaning:
(a) 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 cage, covered or uncovered patio, swimming pool, antenna and satellite dishes, fence, curbing, paving, wall, tree, shrub, sign, signboard, temporary or permanent living quarters (including recreational vehicles, trailers or pickup truck add-ons designed for sleeping) or any other temporary or permanent improvement to such Lot;
(b) Any excavation, grading, fill, ditch, diversion, dam or other thing or device which affect or alters the natural flow of surface waters from, upon or across any Lot, or which affects or aiters the flow of any waters.
1.17 Visible. - Able to be seen from a public right-of-way.
BOOK 1085 PAGE 223
÷222 BK:1085 PG:223
'hristian Lake ARTICLE TWO
GENERAL COVENANTS AND RESTRICTIONS
1 improvements 2.01 Application. The covenants and restrictions contained in this Article Two shall pertain and apply to all lots
ciation, or in and to structures erected or placed thereon.
mon use and 2.02 Maintenance. Each Owner shall keep and maintain each lot and structure owned, as well as all landscaping n the final located thereon, in good condition and repair, including, but not limed to (i) the repairing and painting (or
other external care) of all structures; (il) the seeding, watering and mowing of all lawns; and (iif) the pruning and/or and trimming of all trees, hedges, and shrubbery so that the same are not obstructive of a view by motorists or pedestrians of street traffic; and (iv) any and all fencing located within the lot boundaries. If, in the opinion
ITS FOR of the Board, any owner shall fail to perform the duties imposed by this section, the Board shall give written notice to the Owner to remedy the condition in question, setting forth in reasonable detail the nature, the
ision described condition, and the specific action or actions needed to be taken to remedy such condition. If the Owner shall rly shown on fail to take reasonable steps to remedy the condition within thirty days after the postmark of said written
Common notice by certified mail, then the Association shall have the Right of Abatement as provided in Article Three,
Section 3.02 hereof. Guidelines relating to the maintenance of the structures and landscaping may aiso be
included in the Design Standards of the Architectural Control Committee (hereafter referred to as the
d in paragraph "ACC").
2.03 Exterior Structures. No artificial vegetation, exterior sculptures, fountains or similar items shall be
IAN LAKE constructed, placed, or maintamed on any lot without prior written approval of the ACC.
I Superior 2.04 Transmission and Reception Devices. No device for the transmission of television, radio, or satellite signais :cember, 2002 of any sort shall be placed, allowed, or maintained upon any portion of a structure or lot without prior written approval by the ACC. Except from this section are television satellite dishes less than one meter in diameter. 2.05 Garbage Cans and Woodpiles. Permanent storage for all equipment and woodpiles shall be kept in a garage,
Structure but stored behind the home, or screened by adequate planting or approved fencing so as to conceal them from
gation. view by neighboring residences and strects. All garbage cans shall be maintained in a neat and orderly
state as the manner so as to minimize visual impact to neighboring residences and streets.
ons, and 2.06 Parking and Related Restrictions. The purpose of this Section is to help maintain the safe environment of
Christian Lake Subdivision by requiring the streets to remain cleared. It is also the purpose of this section to
osed by this maintain the neat and attractive appearance of Christian Lake Subdivision by requiring large vehicles and
other equipment to be either hidden from view or removed from the neighborhood altogether if need for more than a very temporary basis. The ACC shall have the power to adopt guidelines, rules, and regulations which shall gover this provision:
such Lot, (a) No vehicles of any type whatsoever shall be permitted to park on the streets of Christian Lake
porch, shed, Subdivision more than twenty-four consecutive hours. Double parallel parking or the act of parking cars
tenna and on each side of street across from one another is prohibited at all times.
permanent (b) No owners or occupants of any portion of the property shall repair or restore any vehicle of any kind
within the lot except (1) within enclosed garages or workshops, or (ii) for emergency repairs and then
d for sleeping) only to the extent necessary to enable the movement thereof to a proper repair facility.
(c) No school bus, truck, or commercial vehicle over one (1) ton capacity, house trailer, mobile home,
t or alters the recreational vehicle, camper, babitable motor vehicle of any kind, boat or boat trailer, trailers in excess of le flow of any 40 inches in height, or exceeding twenty feet in length shall be permitted on any lot on a permanent basis, but shall be allowed on a temporary basis, not to exceed forty-eight hours.
(d) Vehicles may only park on paved surfaces.
(e) The provisions of the Section shall not apply to a builder in the process of constructing an approved
structure on a lot.
2.07 Recreational Equipment. Except properly maintained basketball goais, recreational and piayground; no
equipment shall be placed or installed unless upon the rear of a lot or otherwise approved by the ACC. No
permanent pool shall be constructed without a fence that is at least four feet tall completely surrounding it.
Above-ground pools are not permitted. Kiddy pools are allowed to be filled and in place from May 1" to
September 30*. All pools and equipment are required to be properly maintained.
2.08 Solid Waste.
DOOK 1085 PAGE 224
BK=1085 PG=224 fat No serson shall dump rubbish, parkape, or anv other form of solid waste on any lot or Common Proo (6) Except buildine materials to be used during the course of construction of any structure approved tvr ACC, no lumber, metals, bulk materials, of solid waste of any kindsmll be kept, stored, or alowed so accumulate on any lot unless screened or otherwise handled in a manner approved by the ACC. (e) If rubbish, gerbage or any other form of solid waste is to be ding day dial a beine colected on a regular and recurring basis, containers may be placed in the open on any day that a pick-up is to be made, in scrcened or enclosed. order to pravide access to persons making such pick-up. At all other times such containers shall be (d) In no event shall any lot owner discard any material on any lot owned by anyone else. 2.09 Flag Poles. Free-standing flag poles are not allowed.
ARTICLE THREE
ENFORCEMENT
3.01 Right of Enforcement. This Declaration and the Restrictions contained herein shall imare to the bencil of and shall be enforceable by (i) the Association, (if) the Board, and (ili) each Owner, their legal representatives. heirs, successors, and assigns.
3.02 Right of Abatement
(a) Except where different notice provisions are provided in Original Covenants, Design Standards, and this Amendment, 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 the specific action or 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 breac within thirty (30) days after the mailing of such written notice, then the Association shall have the Righ 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 his obligations under these restrictions, and of those actions taken or proposed to be taken by the Association as a resuit of the default.
(b) The Right of Abatement, as used in this Amendment, means the right 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 conditions to be remedied exists, and to take the actions specified in the notice to the Owner to abate, extinguish, remove, or repair such vialation, breach or other condition which may exix thereon contrary to the provisions hereof, without being deemed to have committed a trespass or wrongful act solely by reason of 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, including the costs of collection and reasonable attorneys' fees, together with interest thereon at the rate of twelve percent per annum (12%) to be a binding personal obligation of such Owner enforceable in law, as well as a lien or such Owner's Lot enforceable pursuant to the provisions of Article Three, Section 3.03 hereof. Notwithstanding the above, unless an emergency situation exists, the Association shall give the violaing Owner fifteen (15) days written notice of its intent to exercise its Right of Abatement. 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; (il) the liens created by Section 19 of the Original Covenants; and, (ili) 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 limc to time be placed or located thereon) and (2) to finance the construction, repair, or alteration of Structures 3.03 Fines. The Association shall have the right, after having given fifteen (15) days written notice, to levy fine upon lot owners found to be in violation of the Original Covenants or this Amendment. The amount of the fines to the corresponding violation shall be determined by the Board of Directors. The Board of Directors shall publish for each lot owner a description of potential violations along with a corresponding fine for such 4
BOOK 1085 PAGE 225
Ş=224 EK:1085 PG=225
ommon Property. violation. In no case shall the fine, excluding attorney fees, collection fees or late fees exceed three times the pproved by the annual dues provided for in section 19.3 of the original covenants.
or allowed to
: ACC. 3.04 Specific Performance. Nothing contained in this Declaration shall be deemed to affect or limit the rights of ed on a regular the Association or any Owner to enforce the Restrictions by appropriate judicial proceedings or to recover be made, in damages. However, it is hereby declared that it may be impossible to measure accurately in money the ers shall be 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 Deciaration; 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, to enforce the provisions hereof.
3.05 No. Waiver. The failure of the Association or the Owner of the 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 thereto.
he benefit of and ARTICLE FOUR
presentatives,
LEASES
andards, and this 4.01 Application. In order to assure a community of congenial Owners and thus protect the value of Lots within ; Declaration the Christian Lake Subdivision, the leasing of a Lot, or any portion thereof, by any Owner (other than as provided sonable detail the herein for certain mortgagees) shall be prohibited except under the following restrictions.
1 to remedy such 4.02 Notice and Regulation. Any Owner intending to lease his Lot, or any portion thereof, shall give written notice plation or breach of such intention to the Board, stating the name and address of the intended lessee, the terms of the proposed Il have the Right lease, and such other information as the Board may reasonably require. The Board shall have four (4) days to s not paid within review any intended lease and additional three (3) should the Board require further information. The Board on shall have the shall have the authority to make and enforce reasonable rules and regulations in order to enforce this ›r Lots that such provision, inciuding the right to impose fines constituting a lien upon the Lot being leased. The Board shall of those actions have the unilateral right to deny any lease for any reason that in its sole judgment might disrupt the subdivision standards. Under no circumstances will a lease be approved in which the potential lessee refuses tion, through its to submit information requested by the Board.
vhich a violation, 4.03 Required Lease Provisions. All leases must be twelve (12) months in duration and must be in writing. All the notice to the leases and lessees are subject to the provisions of the Declaration, Amendments to the Declaration, and which may exist Bylaws. The Owner must make available to the tenant a copy of this Declaration. Any leases of a Lot, or a ed a trespass or portion thereof, shall be deemed to contain the provisions of Article Four, Sections 4.03 (a), (b), (c), (d), and ctions are carried (e), whether or not said provisions are expressly stated therein, and each Owner covenants and agrees that any ding the costs of lease of his Lot shall contain the language of said provisions, and further, that if such language is not velve percent per expressly contained therein, then such language shall be incorporated into the lease by existence of this well as a lien on covenant of the Lot Any lessee, by occupancy of a Lot, agrees to the applicability of this covenant and its on 3.03 hereof. incorporation as part of the lease along with the following provisions:
give the violating (a) Lessee acknowledges that promises made to Lessor, as contained in Article Four, Sections 4.03 (a), buch lien shall be (b), (c), (d) and (e) of the Declaration of Covenants and Restrictions for Christian Lake Subdivision ¡e or be imposed which govern the leased property, and which provisions are incorporated within this lease ecree or by any agreement, are made for the benefit of the Association for the purpose of discharging Lessor's duties (i) such liens for to the Association through Lessee's performance. In order to enforce those provisions made for the ed by Section 19 benefit of the Association, the Association may bring an action against Lessee for recovery of roceeds of which damages, for injunctive relief, or may impose any other sanctions authorized by the Declaration, rom time to time Amendments to the Declaration, and Bylaws, as they may be amended from time to time, or which structures. may be available at law or equity. including but not limited to, all remedies available to a landlord upon breach or default of a lease agreement by a lessee. Failure by the Association to enforce any of ice, to levy fines its rights shall in no event be deemed a waiver of the right to do so thereafter.
ne amount of the (b) Lessee shall comply strictly with all provisions of the Declaration, Amendments to the Declaration, pard of Directors and Bylaws, and with the administrative rules and regulations adopted pursuant thereto, as any of the ling fine for such foregoing may be lawfully amended from time to time. Lessee shall control the conduct of his or her
COOK 1085 PAGE 226
EK: 1085 FG=226: tessor and the Association harmless for any such persons' failure to comply. Lesse admowk amily and guests in order to assure compliance with the foregoing and shall indemnify rod fal that the violation by Lessee or any occupant or person living with Lessee of any provison are Declaration, Amendments to the Declaration, and Bylaws, or rules and regulations adopted tow under shall constitute a default under this lease. Lessee further acknowledges that the Avoca has the richt to act on its own behalf or where necessarv on behalf of Lessor as lads muna agreement of Lessce in-fact, to seek any remedies which are avajlable to a landlord upo breach or default of ske (c) Upon request by the Association, Lessee shall pay to the Association all unpaid annual astone and special assessments, as lawfully determined and made payable during and prior to the terme o this lease agreement and any other period of occupancy by Lessee, provided, however, that Leac need not make such payments to the Association in excess of, or prior to the due dates for, mome rental payments unpaid at the time of the Association's request. All payments made to the Association shall reduce by the same amount Lessec's obligation to make monthly rental paynese 1o Lessor under the Lease. If Lessee fails to comply with the Associatian's request to pery assessments, Lessee shall pay to the Association all late or delinquent charges, fines, interes, w costs of collection, including, but not limited to, reasonable attorney's fees incured, to the sen extent Lessee would be required to make such payments to the Association if Lessee were the Owne of the property during the term of this jease agreement and any other period of occupancy by Lesse (d) Lessee's rights shall be subject to all rights of the Association and any bona fide mortgage or deed to secure debt which is now, or may hereafter be placed upon the property, by the Lessor. (e) Existing leases, upon renewal, shall be subject to these requirements
4.04 Enforcement. For the purpose of enforcing the provisions of Article Four, Section 4.03, which shall be incorporated in the provisions of any lease of a Lot, each Owner, by acceptance of a deed or other conveyance of a Lot, hereby irrevocably appoints the Association, which may act by anyone of its anhorized officers, as his attorney-in-fact, to enforce said provisions and to take any action which could be taken by said Owner against the Lessee should Lessee default in performance under the lease agreement. Each Owner hereby further acknowiedges that this power of attorney shall only apply in the event of noncompliance by a Lessee with the provisions of Article Four, Section 4.03, and that the Association, its Board of Directors, employees, and agents shall be held harmless by each Owner in exercising the power of attomey herein granted by the Association.
4.05 Expenses of Eviction. In the event the Association proceeds to evict the Lessee, any costs, including attorney's fees and court costs, associated with the eviction shall be specially assessed against the Lo becoming a lien thereon subject to enforcement in accordance with Article Three (3) of this Declaration, and shall become the personal obligation of the Owner thereof, such being deemed hereby as an expense which benefits the Lot and the Owner thereof.
4.06 Rights of Lessee. Any Lessee charged with a violation of the Declaration, Amendments to the Deciaration.
Bylaws, or rules and regulations is entitled to the same rights to which the Owner is entitled under the original covenants, amendments and bylaws, excepting the rights associated with the functioning of the 4.07 Rights of First Mortgagees. Notwithstanding anything to the contrary herein contained, the provisions of this association (in particular the right to vote the membership interest associated with lot ownership).
Articie shall not impair the right of any first mortgagee to:
(a) Foreclose or take title to the Lot pursuant to remedies contained in any mortgage;
(b) Take a deed or assignment in lieu of foreclosure; or
(c) Sell, lease, or otherwise dispose of a Lot acquired by the mortgagee.
4.08 Obligations of Lot Owners. The approval by the Board of any lease shall in no way release the lot owner/landlord of their obligation to comply with the Original Covenants, this Amendment or future Amendments. Any fine levied against such lot owner/landlord shall ultimately be their responsibility.
ARTICLE FIVE
MISCELLANEOUS
5.01 Severability. A determination by a court that any provision hereof is invalid for any reason shall not afice.
BOOK 1085 PAGE 227
PG=226 BK:1085 PG:227
indemnify and hold the validity of any other provisions hereof.
essee acknowiedges 5.02 Headings. The headings of the Artickes and Sections herecf are for convenience only and shall not affect the ny provision of the meaning or interpretation of the contents of this Declaration.
tions adopted there 5.03 Notices. All notices, requests, objections, waivers, rejections, agreements, approvals, disclosures or consent that the Association of any kind made pursuant to this Declaration, whether by the Association, the ACC, the Owner, or any other is Lessor's attorney. person, shall be in writing, All such writings shall be delivered, as may be appropriate, to the following r default of a lease addresses:
(a) Declarant: THE CHRISTIAN LAKE SUBDIVISION HOA, INC.; PO Box 653; Watkinsville, GA annual assessments 30677
rior to the terms of (b) Owners: Each Owner's address is as registered in the official land records of Oconee County, Georgia. owever, that Lessee Any written communication transmitted by the United States Mail, with sufficient postage affixed, shall be > dates for, monthly deemed received on the day such written notice is postmarked by the United States Postal Service.
nents made to the S.04 No Liability. The Board has, using best efforts and all due diligence, prepared and recorded this Declaration hiy rental payments so that each and every Owner shall have the right and the power to enforce the terms and provisions of this n's request to pay Declaration against every other Owner. However, in the event that this Declaration is, for any reason fines, interest, and whatsoever, unenforceable by an Owner (or any other person) in a court of law or otherwise, the Board, the curred, to the same ACC and the Association shall have no liability of any kind as a result of such unenforceability, and each and see were the Owner every Owner, by acceptance of a deed conveying a Lot, acknowledges that the Board, the ACC, and cupancy by Lessce. Association shall have no such liability.
mortgage or deed to 5.05 Security. Notwithstanding any privacy wall and/or fence serving the subdivision, the Board, the ACC, and essor. the Association make no representations or warranties with regard to the efficacy of such structures from a safety or security standpoint. Each Owner, occupant, guest, or invitee, as applicable, acknowiedges and wich shall be
or other
ne of its authorized 5.06
ıld be taken by said Covenants, this Amendment or any future Amendment shall include a reasonable number of days to comply. . Each Owner The reasonableness of the number of days shall be determined by the nature of the violation, expense of compliance by a compliance and the amount of time necessary to effect such compliance if all effort is given to be in d of Directors, compliance. The reasonableness of which shall be in the sole discretion of the Board of Directors.
torney herein 5.07 Conflict. Where any part of this Amendment shall be in conflict with the original covenants, this Amendment shall be the controlling document.
ny costs, including
ed against the Lot, The foregoing Declaration of Covenants, Conditions, and Restrictions for Christian Lake Subdivision is to be duly ais Declaration, and executed and sealed this 21" day of the January, 2010.
s an expense which
to the Declaration,
, entitled under the
functioning of the
ership).
e provisions of this
vay release the lot
endment or future
ponsibility.
son shall not affect (AFFIDAVIT OF APPROVAL CONTAINED ON NEXT PAGE)
OK 1085 PAGE 223
EK=1085 PG:228 Exhibit A
All that tract or parcel of land lying and being in the 221ạồi Distric, G.M., Oconec County, Georgia, being more particularly shown on the Final Plat of Christian Lake Subdivision recorded in Plat Book 34, Pages 114 and of Georgia records. Said plats and the recordation thereof are by reference incorporated herein and made a pan of bi Christian Lake Subdivision-Phase Two, dated July 14, 2004, recorded in Plat Book 35, Page 145, Ocone County legal description.