Declaration
This document is being re-recorded to include
pages that were inadvertently omitted upon FILED
the initial recording. SUPERIOR COURT
BARROW COUNTY. GA. After recording, please return to:
98 JAN 13 PM 3:04 Marlene G. Young, P.C. GLORIA M. WALL, CLERK Two Midtown Plaza, 15th Floor
1349 West Peachtree Street
Atlanta, Georgia 30309
F GLORIA M. WALL. CLERK 98 JAN 21 AM 9: 53
DECLARATION OF PROTECTIVE COVENANTE
FOR PU, GA. LEXINGTON MILL
MARLENE G. YOUNG; P.C.
Two Midtown Plaza, 15th Floor,
1349 West Peachtree Street
Atlanta, Georgia 30309
(404) 873-9030
DANI - 500 BOOK 707 DARE 436
Article - TABLE OF CONTENTS -
Seat: Lon
I. Page
DEFINITIONS
•I XI. PROPERTY SUBJECT TO THIS DECLARATION
1 1Property Hereby Subjected To This Declaration
2. Other Property
FIX. ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
1 IV. ASSESSMENTS
2 Purpoge of Asessment
Creation of the Lien and Personal Obligation 2 for Assessments
3. Computation
4. Special Assessments 1959
Lien for ABBessments
6 - Effect of Nonpayment of Assesements:
Remedies of the Association
7. Date of Commencement of Assesaments
8. Specific Assasements
9. Budget Deficits During Declarant Control
10. Initiation Fee
V. MAINTENANCE; CONVEYANCE OF PROPERTY TO ASSOCIATION
1, Association's Respongibility
2. Owner's Responsibility
Party Walls and Party Fences
4. Conveyance of Property to Association
VI. USE RESTRICTIONS AND RULES
1. General
2. Residential Use
Architectural Standards
4 - Signs
5. Vehicles
6 .. Leaving
7. Occupants Bound
Animals and Pets
Nuisance
10. Unsightly or Unkempt, Conditions 11, Antennas
12Tree Removal
13. Drainage
14. Sight Distance at Intersections
15. Garbage Cans, Woodpiles, Itc.
16. Subdivision of Lot
17. Gung
18. Fences
19. Utility Lines
20. Air Conditioning Units
21. Lighting
22. Artificial Vegetation, Exterior Soulpture, and Similar Iteme
23. Energy Conservation Equipment 1J 24. Swimming Poolg
26. Mailboxes 25. Gardens, Play Equipment and Pools
11 27. Exteriors 12 28. Clotheslines 12 29. Exterior Security Devices 12 30. Fuel. or Water Tanks 12 31. Window Treatments 12
12
BOOK -
Article Section
Page 32. Outbuildings and Similar Structures
33. Entry Features 12 34. Lakes 12 35. Square Footage 12 36. Driveways/Garages 23 37. Exterior Materials 13 38. Set Backe 13 39. Construction 13
13 VII. INSURANCE AND CASUALTY LOSSES
13 1. Association Insurance
2. Individual Insurance
3. Damage and Destruction --
4. Insured by Association
Damage and Destruction -- Insured by Owners
5. Insurance Deductible 16
16 VIII. CONDEMNATION
16 IX. ANNEXATION AND WITHDRANAL OF PROPERTY
17 1. Unilateral Annexation By Declarant
2. Other Annexation 17 3. Withdrawal of Property 17
17 MORTGAGEE PROVISIONS
17 1Notices of Action
2. No Priority 18 3 . Notice to Association 18
VA/HUD Approval 18 5 . Applicability of Article X 18
Failure of Mortgagee to Respond 18 7. Amendments by Board 18
18 XI. BASEMENTS
19 1. Easements for Encroachment and Overhang
2. Basements for Use and Enjoyment 19 3. Basements for Utilities
4. Basement for Entry
5. 'Ragement for Maintenance
6. Easement for Entry Features
7. Construction and Sale Period Easement
XII. GENERAL, PROVISIONS
21 Enforcement
2 - Self-Help 21 3. Duration 22 4. Amendment 22 5. Gendex and Grammar 22 6 . Severability 23
Captions 23 a. Perpetuities 23 9. Indemnification 23 10. Books and Records 23 11. Financial Review 24 12. Notice of Sale or Lease 24 13. Agreements 24 14. Implied Rights 24
15. Variances 24
16. Iltigation 2 !5
17. Security 2
- 2-5
BANI 514
Article Section
Page VI. MISCELLANEOUS
Fiscal Year
Parllamentary Rules
Conflicte
Amendment:
Notices
Severability
Captions
BOOK 2O/ DACE 1512 RANK 7O> MANT 439
-TABLE OF EXHIBITS-
Exhibit Name
Definitions
B Property Submitted
c Additional Property Which May Unilaterally Be
Submitted By Declarant
D Bylaws of Lexington Mill Homeownerg Association, Inc..
DECLARATION OF PROTECTIVE COVENANTS FOR
LEXINGTON MILL
THIS DECLARATION made on the date hereinafter set forth by Farm Equlties, Inc., a Georgla corporation ("Declarant").
Background Statement
of the real property described in Article II, Section l of this Declaration. Declarant is the owner, or if not the owner has the consent of the owner, 1 hereof to the provislons of this Deolaration to create a residential community Declarant dẹsires to subject the real property described in Article II, Sectior of single¿family housing and to provide for the subjecting of other real property in Article NOW, THEREFORE, Declarant hereby declares that the real property described Section 1 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisione Declaration and shall be held, sold, transferred, occupied, conditions, and mortgaged or otherwise encumbered subject to the covenants, conveyed, used, forth, which are for the purposé of protecting the value and desirability of, and restrictions, easements, assessments, and liens, hereinafter set: which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject representatives, successors, owner of all or any portion thereof. successors-in-title, and assigns and shall inure to the benefit of each and every
Definitions Article I
Unless the context shall prohibit, certain words used in this Declaration defined as set forth in Exhibit "A" attached hereto and by reference made a part hereof.
Property Subject To This Declaration Artiole IT
Section 1. Property Hereby Subiected To This Declaration. The real hereof is, by the recording of this Declaration, subject to the covenants and property described in Exhibit "B" attached hereto and by reference made a part. restrictions hereafter Bet forth and, by virtue of the recording of
mortgaged or otherwise encumbered subject to this Declaration. Declaration, shall be held, transferred, sold, conveyed, used, occupied, and
Section 2. Other Property. Only the real property described in Section l of this Article II is hereby made subject to this Declaration; provided, (1) or more Association have the. right, Supplementary Declarations, Declarant obligation, to
property to this Declaration, as hereinafter provided. subject other real
Article XII
Association Membership and Voting Rights
any Lot' that is subject to this Declaration shall be deemed to have a membership Every Person who is the record owner of a fee or undivided fee interest in in the Association. The foregoing is not intended to include Persons who hold giving a meant net father terminate then membership. Owner, whether one (1) or more Persons, shall have more than one (1) membership Members shall be entitled to one (1). vote for and rights of use and enjoyment shall be as provided in this Declaration and in each Lot owned.
.. nor 581 nade
ownership of any Lot. che Bylawe. Membership shall be appurtenant to and may not be separated from
Assessments Article IV
Section 1. Purpose of Assessment. The assessments provided for herein common benefit, and enjoyment of the Owners and Occupants of Lots, including the shall be used for the general purposes of promoting the recreation, health, maintenance of personal property, all as may be more specifically authorized from time to time by the Board of Directors.
Section 2. Creation of the Lien and Personal Obligation for Assessments. be so expressed in such deed, covenants and agrees to pay to the Association: Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall (a) annual assessments or charges; (b) special asessments, such assessmenta to collected hereinafter provided; asseasments against any particular Lot which are established pursuant to the and (c) specific terms of this Deolaration, including, but not limited to, reasonable fines as may aocordance with the terma of this Declaration. the maximum rate permitted by law or eighteen percent (18%) per annum on the assessments, together with late charges, interest, not to exceed the lesser of principal amount due, and costs, Including, without limitation, reasonable continuing lien upon the Lot againat which each assessment is made. Each such attorney's fees actually incurred, shall be a charge on the land and shall be a limitation, asessment, together with late charges, interest. costs, including, without personal obligation of the Person who was the Owner of such Lot at the time the reasonable attorney's fees actually incurred, shall also be the each assessment coming due while the Owner of a Lot, and each grantee of an Owner assessment fell due, Lach Owner shall be pergonally liable for the portion of payable at the time of conveyance; provided, however, the liability of a grantee shall be jointly and severally liable for such portion thereof as may ba due and for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. request therefor and for a reasonable charge, furnish a certificate signed by an Association shall, within five' (5) days after receiving a written officer of the Association setting forth whether the assesements on a specified 88387 status of assessments on a Lot shall be binding upon the Association as of the paid in such manner and on such dates as may be fixed by the Board of Directors, Annual assessments shall be levied at a uniform rate per Lot and shall be the Board, which may Include, without limitation, acceleration, upon ten (10) days' written notice, of the annual assessment for delinquents. assessment for the 1998 calendar year shall be $100.00. assessment shall be paid in annual installments. Unless otherwise provided by The annual covering the estimated costs Section 3. Computation. It shall be the duty of the Board to prepare a with a capital budget separately prepared. coming year, which may include a capital contribution or reserve in accordance of operating the Association during the levied against each Lot for the following year to be delivered to each The Board shall cause the assessments member at least thirty (30) days prior to the end of the current fiscal year (or at least thirty (30) days prior to the due date of the first installment in the initial budget). The budget. and the assessment shall become effective unless disapproved at a meeting by a majority of the Total Association . Notwithstanding the foregoing, however, in the event the disapproves the proposed budget or the Board fails for any reason so to determine membership the budget for the suoceeding year, then and until such time as a budget shall determined; as provided herein, the budget in effect current year shall continue for the succeeding year. for the then
BAAL •A 515 RANK 707 PAGE 442
Section 4. Spocial Assessments, In addition to the other asgesaments time. authorized herein, the Association may levy special assessments from time to If the total amount of special assessments allocable to each Lot does not y assessment. exceed $300.00 Except as provided in Articia VII, Section a impeof, any special In any one fiscal year, the special Lot to exceed this limitation shall be effective only if approved by a majority assessment which would cause the amount of special assessments allocable to any by the Board, of the Total Association Vote. Special asesaments shall be paid as determined and the Board may installments extending beyond the fiscal year in which the special assesament is permit special assessments to be paid in imposed.
pursuant to this Declaration, together with late charges, interest, All sums assessed agalnst any Lot including'herehouk limitation, reasonable sttorney's fees actually incurred, ag costs, Association and the Association shall be entitled to file a document evidencing such Lot in favor lien shall be superior to all. other liens and encumbrances on such Lot, except: such lien in the land records of the county in which the Lot is located. Such Mortgage or on any Mortgage to Declarant duly recorded in the land records of the for (a) liens for ad valorem taxes) or (b) liens for all sums unpaid on a firet Mortgage and secured thereby in accordance with the terms of such instrument. county where the Community is located and all amounts advanced pursuant to such Declaration shall have been recorded in such records shall be deemed to consent . All other Persone acquiring liens or encumbrances on any Lot after this that such liens encumbrances shall be inferior to future liens for forth in the instruments creating such liens or encumbrances. assessments, as provided herein, whether or not prior consent is specifically set Association. Section 6. Effect of Nonpayment of Assessmentsi Remedies of the shall be delinquent. Any assessment or installment thereof delinquent for a. Any assessments or installments thereof which are not paid when due Board may from time to time determine. period of more than ten (10) days shall incur a late charge in an amount as the following the due date. delinquency to be given to any member who has not paid within ten (10] days a lien, as herein provided, shall attach and, in addition, the lien shall include If the asessment is not paid within thirty (30) days, interest, not to exceed the lesser of the maximum rate 'permitted by law or due and payable, all late charges, all costs of collection, including, without eighteen percent (18%) per annum on the principal amount due from the date first provided or permitted by law. limitation, reasonable attorney's fees actually incurred, and any other amounts
(60) days, the Association may, as the Board shall determine, In the event that the assessment remains unpaid by acceptance of a deed or as a party to any other type of a conveyance, vests institute suit to collect such amounts and/or to foreclose its lien. Each Owner, in the Association or its agents the right and power to bring all actions against such Owner personally, for foreclose the aforesaid lien the collection of such charges as in the same manner as a debt or to improvement of real property. The lien provided for in this Article shall be in other liens for the Association, favor of the Association and shall be for the benefit of all other Owners. The Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the acting on behalf of the owners, 'shall have the power to bid on the assessments provided for herein, including, by way of illustration, waive or otherwise exempt himself from liability for the limitation, abandonment of the Lot or non¿use of any recreational.facilities in but not allowed by reason of any alleged failure of the Association to take some action the Community. No diminution or abatement of any assessment shall be claimed or under this Declaratjon or the Bylaws, or for inconvenience or discomfort arising or perform some function required to be taken or performed by the Association
Association, or from any action taken by the Association to comply with any law, from the making of repairs or improvements which are the responsibility of the authority, ordinance, or with any order or directive of any municipal or other governmental the obligation to pay assessments being a separate and y covenant on the part of each Owner. independent to interest and then to delinquent assessments, All payments shall be applied first to costs, then to late charges, then
Section 7. Date of Commencement of Assessments.
Lots then existing and subject to (a) The annual assessments provided for herein shall commence as to all conveyance of the first Lot by the Declarant to a Person other than Declarant and ahall be due and payable in a manner and on a schedule as the Board of Directors may provide.
After the commencement of assessment payments
Declarant, on behalf of itself and its successors and assigns covenanta agrees to pay the full amount of the assessmenta provided herein for each Lot it Declarant which does not contain an occupied residence shall not be subject to owns containing an occupied residence; provided, however, any assesament provided for herein.
residential marketing Any Lot which has been approved by Declarant for use as a model home shall not shall not be subject to assessments under this he deemed to be occupied is approved for use as a model home and is not occupied for residential purposes. Declaration whether owned by Declarant or any other Person, so, long as such Lot
Section B. Specific Assessments. The Board shall have the power to specifically assess pursuant to this Section as, in its discretion, it shall deem ; • appropriate. Failure of the Board to exercise its authority under this Section Directors and shall not constitute a waiver of the Board's right to exerciee its not be grounds for any action against the Association or the Board of authority under this Section In the future with respect to any expenses, authority under this Section. including an expense for which the Board has not previously exercised its which the Owner is of this Declaration, the costs of maintenance performed by the Association for Fines levied pursuant to Article XII, Section 1 Declaration, shall be specific assessments. responsible under Article V, Sections 1 and 2 of this The Board may also specifically assess Owners for the following Association expenses:
(a) other expenses of the Association which benefit lasa than all of the be specifically assessed equitably among all of the Lots which are benefitted according to the benefit received, and
provide an equal benefit to all Lots, may be assessed equitably among all Lots (b) expenses of the Association which benefit all Lots, but which do not according to the benefit received.
Declarant Section 9. Budget Deficits Duxing Declarant Control.
Association, Declarant may: authority to appoint: the directors and officers For so long as the any, between (i) advance funds to the Association sufficient to actual operating expenses of Association (but specifically not including an allocation for capital reserves), of the annual, special and specific assessments collected by the Association any fiscal and auch advances shall be evidenced by the Association to borrow such amount from a commercial lending institution at promissory notes from the Association in favor of the Declarant; or (ii) cause The Declarant in its sole discretion may guarantee repayment of such loan, if the then prevailing rates for guch a loan in the local area of the Community.
• Property or any of the improvements maintained by the Association shall be given required by the lending institution, but no Mortgage secured by the Common in connection with such loan.
Maintenance; Conveyance of Property to Association Article V
and keep in good repair the Common Property. Section 1. Association's Responsibility This maintenance shall include, The Association shall maintain insurance then in effect, of all limitation, fect of all and caping and improments tuated on and for the Community including the expenses for landscaping, irrigation eystens, Common Property. The Association shall also maintain: all entry features streetscapes located at other street intersections within the Community; (c) ali and eleotricity, if any, provided to all entry features; structures, storm water detention/retention shorelines of such lakes or ponds, dams and
facilities serving the Community, if and to the extent such facilities are not ponds and storm water drainage the Community which was originally maintained by Declarant. maintained by a public body; and (d) all property outside of Lots located withir reaponsibility for lakes and ponds which may exist within the Community shall The maintenance include, without limitation, inspecting and maintaining the dam (s) and performing any necessary dredging or other neceasary maintenance. to maintain other In addition, the Association shall have the right, but not the obligation, property not owned by the Association, whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. repair, or replacement, which la the responsibility of the Association hereunder, In the event that the Assoclation determinas that the need for maintenance, is caused through the willful or negligent act of an owner, or the family, guests, leasees, or invitees of any Owner, and is not covered and paid for by maintenance, repair or replacement at such Owner's sole cost and expense, and all. in part, then Owner is subject and shall become a lien against the Lot of such Owner. costs thereof shall be added to and become a part of the assessment to which such Community-Wide Standard. foregoing maintenance shall be performed consistent with the all maintenance of the Lot and all, structures, parking areas, landscaping, and Section 2. Owner's Responsibility. Except as provided in Section 1 above, other improvements thereon shall be the sole responeibility of the Owner thereof, shall maintain such Lot in a manner consistent with the Community-Wide Sta center d enta for the and pang and i chor recipes docaro on the clipping, sweeping, pruning, raking and otherwise caring for all lawns; (iii) the Lot; (ii) the seeding, fertilizing and watering of all lawns and mowing, edging, and trimming of all trees, hedges and shrubbery not maintained by the the maintenance, repair and painting of all fences on the Lot. pedestrians of street traffio; (iv) the removal of dead plant material; and (v)
In the event that the Board of Directors of the Association determines that has failed or to discharge which such Ownor is responsible hereunder; obligations with regard to the maintenance, repair, or replacement of items for emergency situation, give the Owner written notice of the Aasociation's Intent the Association shall, except in an to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the
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RANK ZOr DARE 518 445
maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement of completion within a ten (10) day commence such work which shall be completed within a reasonable time.
Owner does not comply with the provisions hereof, the Association may provide any auch maintenance, repair, or replacement at such Owner's sole cost and expense, Owner is subject and shall become a lien against the Lot. and all costs shall be added to and become a part of the assessment to which such in this Section shall be in addition to, and not in lieu of, other remedies The remedies provided provided in this Declaration for a violation of the Declaration.
Section 3. Party Walls and Party Fences,
General, Rules of Law to Apply. Each wall or fence built as a part of adjoining Lots shall constitute a party wall or fence and, to the extent not the original construction on the Lots which shall serve and separate any two (2) inconaistent with the provisions of this Section, the general rules of law willful acts or omissions shall apply thereto. regarding party walls and liability for property damage due to negligence or
(D) Sharing of Repair and Maintenance. The cost of reasonable repair and of the wall or fence in equal proportiona. maintenance of a party wall or fence shall be shared by the Owners who make use
Damage and Destruction. If a party wall or fence is
davered by feuean other casualty, then to the extent. that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who make use of the wall, they shall contribute to the cost of restoration thereof. has used the wall may restore it, and if the other Owner or Owners thereafter in equal proportlons without prejudice, however, to the right of any such owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful aots or omissions..
contribution from any other Owner under this Section shall be appurtenant to the Right to Contribution Runs With Land. The right of any Owner to land and shall pass to such Owner's successors-in-title.
(e) Arbitration. . In the event of any dispute arising concerning a party wall or fence, or under the provisions of this section, each party shall appoint one (1) arbitrator. days after written request therefor by the Board of Directors, the Board Should any party refuse to appoint an arbitrator within ten appointed shall appoint an arbitrator refusing party. The arbitrators thus majority of all three (3) arbitrators shall be binding upon the parties and shall appoint one (1) additional arbitrator and the decision by a be a condition precedent to any right of legal action that either party may have against the other. other Person with the Section 4. Conveyance of Property to Association. The Declarant or any consent of Declarant may transfer or convey to the teachat, anner nal other any intered run covered pralibe Such conveyance to be maintained by the Association for the benefit of all or a part of its accepted by the Aasociation, and the property shall thereafter be Common Property structures, members. Lakes, ponds, shorelines'of such lakes or ponds, dams and appurtenant facilities storm water detention/retention ponde and storm water drainage conveyed by Declarant and accepted by the Association. shall, without limitation, be included in the property that may be required to make any improvementa whatsoever to property to be conveyed Declarant shall not be otherwise accepted pursuant to this section, including, without limitation, dredging or and removing silt from any lake or pond that may be conveyed.
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Use Restrictions and Rules Article VI
/ certain use restrictions which must be complied with by all Owners and Occupants. beginning at Section 2, sets out Section 4 hereof regarding amendment of this Declaration. In addition, the Board These use restrictions may only be amended in the manner provided in Article XII, dale from time to time, without consent of the members, promulgate, modify, or rules and regulations applicable to the and Occupants prior to the date that they are to become effective and shall Such use restrictions and rules shall be distributed to all Owners cancelled, or modified in a regular or special meeting by a majority of the Total thereafter be binding upon all Owners and Occupants until and unless overruled, purpses exclusively. Section 2. Residential Usen All Lots shall be used for residential or upon any Lot at any time except with the written approval of the Board. No business or business activity shall be carried on, in Leasino of a Lot shall not be considered a business or business activity. purposes so long as such business, in the sole discretion of the Board, does not Board may, but shall not be obligated to, permit a Lot to be used for business otherwise violate the provislons of the Declaration or Bylaws, does not create a disturbance and does not unduly increase traffic flow or parking congestion. The Board may issue rules regarding permitted business activities.
Section 3. Architectural Standards. No exterior construction, alteration, any part of the Community, except such as is installed by the Declarant, or as addition, or erection of any nature whatsoever shall be commenced or placed upon is approved in accordance permitted herein. with this Section, or as is otherwise expressly including, without limitation, landscaping, shall be made unless and until the . No exterior conatruction, addition, erection, or alteration, least the nature, builder performing any such work and the plans and specifications showing at kind, shape, height, materials, and location shall have been submitted in writing to and approved by an Architectural Review Committee
The ARC may be established such that it is divided into two (2) A hoister having urinetion over now contradio re key ne and the other architects, engineers, or other Persons as it deems necessary to enable the ARC to perform its review. The ARC may, from time to time, delegate any of its or other qualified Persons, which shall have full authority to act on behalf of rights or responsibilities hereunder to one (1) or more duly licensed architects committee all matters delegated. Written design guidelines procedures may be promulgated for the exercise of this review, which guidelines may provide for a review fee. development and/or sale in the Community or has the right unilaterally to annex So long as the Declarant owns any property for additional property to the Community, the Declarant appoint all members of the ARC. shall have the right to writing of such right, the Board shall appoint the members of the ARC. Upon the expiration or earlier surrender in
If the ARC fails to approve or to disapprove submitted plans been submitted to it, the foregoing will be deemed approved; provided, however, specifications within thirty (30) days after the plans and specifications have be consistent with such plans and nothing herein shall authorize all activities commenced pursuant to plans which have been deemed approved shall construct or maintain any structure or improvement that is otherwise in violation anyone to guidelines of the Association. of this Declaration, the Bylaws, the rules and regulations or any written design such As a condition of approval under this Section, each Owner, on behalf of Owner and such Owner's successors¿in-interest, shall responsibilities for maintenance, repair, replacement, and insurance to and on assume all any change, modification, addition, or alteration. In the discretion of the ARC,
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an Owner may be made to verify such condition of approval by a recordable written instrument: acknowledged by such Owner on behalf of such Owner and such Owner's successors-in-interest. The ARC shall be the sole arbiter of such plans and may •, it shall be entitled to stop any construction in violation of these restrictions. withhold approval for any reason, including purely aesthetic considerations, and Any member of the Board or Its representatives shall have the right, during reasonable hours and after reasonable notice, to enter upon inspect for purpose of ascertaining whether or not these any property to restrictive covenants or any other terms of this Declaration have been or are being complied Such Person or Persons shall not be deemed guilty of trespass by reason of such entry. In addition to any other remedies available to the Association, in the event of noncompliance with this Section, the Board may, as provided in Article XII, Section 1 hereof, record in the appropriate land records a notice of violation naming the violating Owner.
DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL • RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED NEITHER THE ARC, THE MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIATION, THE ARC, THE BOARD, NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEL SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATTONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS OR ANY ACTION OR SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ARC, THE BOARD, OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ANY JUDGMENT, NEGLIGENCE, OR NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN. LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS, DEMANDS, AND
Section 4. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the ARC except (a) when offering a Lot or reeldence for Bale or for lease, not more than one (1) professionally lettered "For consistent with the maximum height of four (4) feet above ground level, (b) professional security Community-Wide Standard and having a maximum area of four (4) square feet and a legal proceedings, signs consistent with the Community-Wide Standard, (c) any signs required by and (d) signs erected by Declarant. foregoing, the Board shall have the right to erect reasonable and appropriate Notwithstanding the without Section 5. limitation, Vehicles. motor homes, The term "vehicles," as used herein, shall include, scooters, Vehicles go-carts, trucks, campers, buses, vans, limousines and automobiles. boats, trailers! motorcycles, minibikes, that longer than twenty-four shall not be parked on any streets within the Community for
vehicles may not be (24) consecutive hours (the/intent of this provision is stored on a street and the temporary removal of hours shall not be sufficient to establish compliance with this restriction). vehicle from a street to break the continuity of the twenty-four (24) consecutive Vehicles shall not be parked on the Common Property or on any portion of a Lot other than in the garage; provided, however, if, and only if, the occupants of basis a Lot have more vehicles than the number of garage parking spaces, those'excese vehicles which are an Occupant's primary means of transportation on a reqular provided herein to the contrary, motorcycles and motorized all terrain vehicles may be parked on the driveway on the Lot. Notwithstanding anything rules and regulations as the Board may adopt. are prohibited from use in the Community. All parking shall be subject to such '
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be permitted. All single-family detached homes shall contain a garage; carports shall not Garage doors shall be kept closed at all times, except during times of ingress and egress from the garage.
No towed vehicle, boat, boat trailer, recreational vehicle, motor home, up trucks and sport utility vehicles), mobile home, bus, truck with camper top, commercial vehicle, truck (except picksimilar recreational vehicle shall be permitted on any Lot, except if kept in an trailer, minibike, scooter, go-cart or intent of enclosed garage, for periods longer than twenty-four (24) consecutive hours (the this provision is that the aforementioned vehicles may not be stored on a Lot except if in a garage and the temporary removal'of such vehicle from a Lot to break the continuity of the twenty-four (24) consecutive hours shall not shall be considered a nuisance and may be removed from the Community. be sufficient to establish compliance with this restriction). Any such vehicle
No vehicle may be leit upon portion of the Community, except. in a garage, if it is unlicensed or if it is in an condition such that it is incapable of being operated upon the public highways. Any such vehicle shall be considered a nuisance and may be removed from the Community. Property except for public safety vehicles and vehicles authorized by the Board. No motorized vehicles shall be permitted on pathways or unpaved Common
•Section 6. Lots may be leased for residential purposes.
a copy of the Declaration, leases shall require, without limitation, that the tenant acknowledge receipt of AI] of the Association. The lease shall also obligate the tenant to comply with the Bylaws, use restrictions, and rules and regulations foregoing.
and Section 7. Occupants Bound. All provisions of the Declaration, Bylaws, and regulations, use restrictions or design guidelines promulgated pursuant thereto which govern the conduct of owners and which provide for sanctions against Occupants are not specifically mentioned. Fines may be levied against Owners or shall also apply to all Occupants even though Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied againet the Owner.
Section 8. Animals and Pets. No animals, livestock, or poultry of any or other usual and common household pets in reasonable number, as determined by kind may be raised, bred, kept, or permitted on any Lot, except that dogs, cats, the Board, may be kept on a Lot;
permitted to raam free, or, in the prederation of the Beard endanger the health, make objectionable noise, or constitute a nuisance or inconvenlence to the Owners or
Occupants of other Lots or the owner of any property located adjacent to the Community may be removed by the Bogs which are household pet's bred or malntained for any commercial purpose. No pets shall be kept, Without prejudice to the Board's right to remove any such household pets, no at all times whenever they are outside a Lot be confined on a leash. household pet that has caused damage or injury may be walked in the Community. occupant to Section 9. Nuisance. It shall be the responsibility of each Owner and unkempt condition on such Owner's Lot. No property within the Community shall prevent the development of any unclean, unhealthy, unsightly, Or be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. embarrassment, carried on within the Community, nor shall anything be done tending to cause No noxious or offensive activity shall. be property within the Community. discomfort, annoyance, or nuisance to any Person
There shall not be maintained any plants or using any
522 ANO
is noxlous, dangerous, unsightly, unpleasant, or of a nature as may diminish or . animals or device or thing of any sort whose activities or existence in any way foregoing, no destroy the enjoyment of the Community. Without limiting the generality of the speaker, horn, whistle, siren, bell, amplifier or › device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law.
Section 10. Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mèchanical. devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken in any part of the Community. of exterior antennas, including, without limitation, satellite dishes. Unless Section 11. Antennas. The Board may issue rules regarding the erection and streets, no exterior antennas of any kind, goreened and located to provide minimum visual impact on neighboring properties community, satellite dishes, shall be placed, allowed, or maintained upon any portion of the including without limitation,
Including any Lot. In no event shall any such antenna or satellite installed by the Declarant or the Board as provided in this Section. Declarant dish in excs of one (1) meter in size be permitted in the Community except if master antenna, patellite dish or other similar master system for the benefit of and the Board shall have the right (but shall not be obligated), to erect a benefits all Owners the entire Community. Each Owner and Occupant acknowledges that this provision with this provislon despite the fact that the erection of an outdoor antenna or and occupants and each Owner and Occupant agrees to comply similar device would be the most cost-effective way to transmit or receive the signals sought to be transmitted or received.
Section 12. Tree Removal. No trees shall be removed from any portion of that are located within ten Community without the prior written consent of the ARC except for (a) trees ! sidewalk, a residence or a driveway, (b) diseased or dead trees, and (c) trees (10) feet of a drainage area, a septic field, a removed by Declarant.
these areas. of natural flow of water only. Catoh basins and drainage areas are for the purpose No obstructions or debris shall be placed in after location and installation of drainage swales, storm sewers, or storm No Owner or Occupant may obstruct or rechannel the drainage flows drains. Declarant hereby reserves for the benefit of Declarant and the across the Community property for the purpose of altering drainage and water Association and their respective successors and assigns a perpetual easement flow. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable stepe shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense.
Section 14. Sight Distance at Intersections. All property located at street intersections shall be landacaped o as to permit safe sight across the permitted to remain fere it would create a traffic or sight problem. hedge, or shrub planting shall be placed or
Section 15. Garbage Cans, Woodniles, Etc. All garbage cans (except on equipment, air conditioning compressors and other similar items shall be located scheduled plck-up days), woodpiles, swimming pool pumps, filters and related All rubbish, trash, and garbage or screened so as to be concealed from view of neighboring streets and property. allowed to accumulate. Declarant, however, hereby expressly reserves the right shall be regularly removed and shall not be efficient construction. to dump and bury rocks and trees on property within the Community as needed for Trash, during construction kind may not be burned within the Community except if approved by Declarant garbage, debris, or other waste matter of any activity on a Lot and not otherwise prohibited by law.
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Section 16. Subdivision of Lot. No Lot shall be subdivided
boundary lines changed except with the prior approval of the ARC. Declarant, however, hereby expressly reserves the right to replat any Lot or Lots owned by Declarant. Any such division, boundary line change, or replatting shall / not be In violation of the applicable subdivision and zoning regulations.
Section 17. Guns. The use of firearms in the Community is prohibited. The term "firearms" includes without limitation "B-B" guns, pellet guns, and small firearms of all types.
Section 18. No fence or fencing type barrier of any kind shall be placed, erected, allowed, or maintained upon any portion of the Community, including any Lot, without the prior written consent of the ARC. The ARC may issue guidelines detailing acceptable fence styles or specifications, but in no event may a chain link or barbed wire fence be approved. No fence or fencing type barrier shall be located closer to the street than the rear of the residence located on the Lot and no such fence or barrier shall be located closer than seventy-five (75) feet of any street on a Lot that fronts more than one (1)
Section 19. Utility Lines. Except as may be permitted by the ARC, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for temporary lines as required during construction and lines installed by or at the request of Declarant.
Section 20. Air-Conditioning Units. Except as may be permitted by the ARC, no window air conditioning units may be installed. No such units may be installed that are visible to the street or to neighboring property.
Lighting. Except as may be permitted by the ARC, exterior lighting visible from the street shall not be permitted except for (a)
lighting as originally installed on a Lot; (b) one (1) decorative post light, (c) street lights in conformity with an established street lighting program for the Community; (d) seasonal holiday decorative lights (which must be removed within fifteen (15) days after the holiday); or (e) front house illumination of model.
Section 22. Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation or plastic animal decoration shall be permitted on the exterior of any property. Exterior sculpture, fountains, flags, and similar items must be approved by the ARC; provided, however, the display of flags for generally recognized holidays on which flags are customarily displayed shall be permitted for a period from one (1) week prior to the date of such holiday until.. one (1) week after the date of such holiday. No awnings, shades or window boxes be attached to or otherwise placed on the exterior of any structure on a Lot without the prior written consent of the ARC.
Section 23. Energy Conservation Equipment. No solar energy collector panels or attendant hardware or other energy conservation equipment shall be constructed or installed unless they are an integral and harmonious part of the architectural design of a structure, as determined in the sole discretion of the ARC.
Section 24. Swimming Pools. No swimming pool, including, without limitation, an above-ground pool, shall be constructed, erected or maintained upon any Lot without the prior written consent of the ARC.
Section 25. gardens, Play Equipment and Pools. No vegetable garden, statuary, play equipment. (including, without limitation, basketball goals) shall be constructed, erected or maintained upon any Lot unless the type and location thereof has been previously approyed by the ARC.
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the design of which Section 26. Mailboxes. All mailboxes located on Lots shall be uniform; original home builder the place to purchase the mailbox. Such mailboxes shall shall be determined by Declarant who will furnish to each be installed initially by the original home builder.
Section 27. Exteriors. Any change to the exterior color of any improvement located on a Lot, including, without limitation, the dwelling or any fence located on a Lot, must be approved by the ARC.
Section 28. Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot.
Section 29. Exterior Security Devices. No exterior security devices, including, without limitation, window bars, shall be permitted on any residence Signs placed on the Lot or the exterior of the residence stating that residence protected by a security system shall not be deemed to constitute an exterior security device.
stored or maintained upon any Lot in such a manner as to be visible from any Section 30. Fuel or Water Tanks. No fuel tanks or water tanks shall be require bunint street or road or from any other Lot, unless used by Declarant, temporarily, in the ordinary course of developing the Property.
Section 31. Window Treatments. No foil or other reflective materials shall be used on any windows for sunscreens, blinds, shades or for any other The side of all window treatments which can be seen at any time from the outside of any structure located on a Lot must be white or off-white.
Section 32. Outbuildings and Similar Structures. No structure of a temporary nature, unless approved in writing by the ARC, shall be erected or or other structure may be used as a residence, either temporarily or permanently. allowed to remain on any Lot, and no trailer, camper,, shack, tent, garage, barr No relocated, preassembled or manufactured home shall be permitted within the Community. However, this Section shall not be construed to prevent Declarant and those engaged in development, construction, marketing, property management or. sales from using sheds, trailers or other temporary structures for any of the to prevent foregoing purposes. In addition, nothing in this Deolaration shall be construed model homes or speculative housing within the. Community. Deolarant from developing, 'constructing, marketing, or maintaining
33. Entry Features. Owners shall not alter, remove or add improvements to any entry features constructed by the Declarant on any Lot, or consent of the ARC. any part of any easement area associated therewith without the prior written Declaration, and rules, Section 34. Lakes/Ponds. This Section, Article XI, Section 5 of this Board or its designee shall govern the use of any lakes or ponds as may exist in restrictions and design guidelines issued by the the Community. Owners are prohibited from withdrawing water from the lakes and on a Lot or for any other purpose. ponds which exist within the Community for irrigation of the lawns and gardens not be permitted. ẠồOwners may fish in any lake or pond within the Community from Ice skating, jet skiing and swimming shall
Property adjacent to any such lake or pond provided such Owner has obtained such licenses as may be required by any governmental entity. be permitted on any. Lot.
ermitted on any lake or pond within the Community. Only paddle or pedal boats No boats with motors of any kind shall be be permitted. Retaining walls and similar structures shall not be installed without the prior written approval of the ARC. .
Board or its designee, in Notwithstanding anything contained in this Declaration to the contrary, the enforcing the Article VI of the Declaration or promulgating, adopting or enforcing rules and use restrictions contained in this
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regulations, may apply a stricter standard to any Lot which adjoins, abuts or discretion of part of contains any a lake or pond within the Community, if in the sole the Board Or its designee, such is necessary to uphold the appearance of the Community, and especially any lake(s) or pond(s) within the ¡ Community. ,
Notwithatanding anything to the contrary contained herein, NEITHER THE DECLARANT, THE ASSOCIATION, THE BOARD OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OCCURRING ON OR ARISING OUT OF THE AUTHORIZED OR UNAUTHORIZED USE OF LAKES OR OTHER BODIES OF WATER WITHIN THE COMMUNITY BY ANY PERSON.
Section 35. Square Footage. No single family residential structure shall be located on any Lot unless such structure shall have at least 2,000 square feet of heated living arsa. If any such structure is more than one (1) story, the ntructure shall have at least 1,500 square feet of heated living area on the first floor and at least 2,500 square feet of total beated living area.
Section 36. Driveways/Garages. All driveways must be paved with asphalt, permitted without concrete or other permanent decorative stone. No front entry garages shall be the prior written consent of the ARC.
Section 37. Exterior Materials. The exterior of houses in the Community must be brick veneer, stucco or contemporary type siding. No exposed concrete block shall be permitted in the Community.
Section 38. Set Backs. No house shall be nearer a fronting street thar he building line shown on the recorded plat for the Community, nor nearer thar forty (40) feet. from the rear Lot line. The minimum side yard shall bo fifteen authorities and/or the Declarant. Barrove County serys... setbacka apply unless otherwise approved by governmental
Construction. The builder of any improvement on a Lot shall be rasponsible for implementation of and conformance with the county soil erosion control ordinance. Such builder shall be required to maintain the cleanliness of the building site, remove all debris and construction materials after completion of construction and remove transported soils from street gutters and catch basins abutting the Lot. All disturbed areas on a Lot must be seeded with a permanent vegetative cover. Any electrical meter base installed on the side a home must same color as the exterior of the home. Construction of a residential dwelling on a Lot must be completed within one (1) Rade on 00, anne of ban port by the prop a to gover mental! Section 3 above, authority, and the commencement of the framing of a residential dwelling thereon. Construction shall be deemed to be completed only upon the issuance of a authority, certificate of occupancy for such dwelling by the appropriate governmental
Article VII
Insurance and Casualty Losses
Association Insurance. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain to be obtained insurance for all insurable improvements which the Association is obligated to maintain whether or not such Improvements are located on Common Property including vandalien and mallcious mischief, and shall be in extended coverage, This insurance shall provide, at a minimum, fire and raconstruction in sufficient to cover the full replacement cost of any repair or event of damage or destruction from any such hazard. Alternatively, the Board may purchase "all-risk" coverage in like amounts.
The Board shall obtain a public liability policy applicable to the Common Property covering the Association and ita members for all damage or injury caused
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by the negligence of the Association or any of its members or agents, and, if reasonably available, directors' 'and officers' liability insurance. The public liability policy shall have a combined single limit of at least One Million Dollars ($1,000,000.00).
The Board 1s hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant for the coat thereof, and Declarant shall be authorized, but obligated, to purchase such insurance coverage for the benefit of
Association and the Owners upon Declarant and the Association agreeing upon the terma and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage. Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be requirec co comply with the provisions of this Article if the Board has contracted for os otherwise arranged to obtain the required insurance covorage through the DeclarantẠiỊi
insurance at least equale the full replacement cost.
All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefitted parties, as further identified in subparagraph (b) below. Such insurance shall be governed by the provisions hereinafter set forth;
(a) All policies shall be written with a company authorized to do business in Georgia.
(b) Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto,
• ( c) In no event shall the insurance coverage obtained and maintained by.. the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual owners, occupants, or theix Mortgagees, and the insurance carried by the Asaociation shall be primary.
All casualty insurance policles shall have an inflation guard and endorsement and an agreed amount endorsement if these are reasonably available all insurance policies shall be reviewed annually by one (1) or more qualified persons, at least one (1) of whom must be in the real estate industry and familiar with construction in the county where the Community is located,
(e) The Association's Board of Directors shall be required to make every reasonable effort to secure insurance policies that will provide for the following:
the Association's (i) a waiver of subrogation by the insurer as to any claims against
Board of Directors, its manager, the Owners and their respective tenants, servants, agents, and guests;
(ii) a waiver by the ingurer of Its rights to repair and reconstruct instead of paying cash;
iji) that no policy may be cancelled, invalidated, or suspended or account of any one (1) or more individual Owners.
that no policy may be cancelled, subjected to nonrenewal, invalidated, or suspended on account of any defect or the conduct of any
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director, officer, or employee of the Association or its duly authorized manager without prior demand in writing delivered to the Association to cure the defect or to cease the conduct and the allowance of a reasonable time thereafter within which a cure may be effected by the Association, its manager, any Owner or • j Mortgagee;
that • "other insurance" clause in any policy exclude individual Owners' policles from consideration; and
that no policy may be cancelled, subjected to nonrenewal or substantially modified without at least thirty (30) days' prior written notice to the Association.
In additlon to the other insurance required by this Section, the Board shall obtain worker's compensation insurance, if and to the extent neceseary to satisfy the requirements of applicable laws, and a fidelity bond or bonds on. directors, officers, employees, and other persons handling or responsible for the if reasonably available. If obtained, the amount of fidelity coverage shall be determined in the directors' best business Judgment, and, if available, shall at least equal three (3) montha' assessments plus
Bonda shall contain a waiver of all defenses based upon the exclusion of persons serving without compensation and may not be cancelled subjected to nonrenewal or substantially modified without at least thirty (30 days' prior written notice to the Association. The Asaociation shall also obtain' construction code endorsementa, steam boiler coverage, and flood insurance, if and to the extent necessary to satisfy the requirements of the Federal Home Loar Mortgage Corporation, the National Mortgage Association, the U.S. Department of Veterans Affairs ('VA"), or the U.S. Department of Housing and Urban Development ("HUD").
By virtue of taking title to a Lot terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots, and each Owner covenants and agrees with all. other Owners and with the Association that each Owner shall carry blanket all-risk casualty insurance on the Lot and all structures constructed thereon and a liability policy covering damage or injury occurring on a Lot. Thé casualty insurance shall cover loss or damage by fire and other hazards commonly insured undar an "all-risk' policy, if reasonably available, including vandaliam and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. If all-risk coverage is not reasonably available, Owners shall obtain, and extended coverage. The policies requirec hereunder shall be in effect at all times. Authority to adjust losses under policies obtained by an Owner shall be vested in the Owner. The Association shall have the right, but not the obligation, at the expense of the Owner, tc acquire the insurance required to be maintained by the Owner if the Owner fails to provide a valid policy to the Association with a prepaid receipt within ten (10) days after receipt by the Owner of a written request from the Association. If the acquire insurance on behalf of any owner, the cost thereof shall be asessed against the Owner and the Lot as a specific assessment.
Section 3. Damage and Destruction =- Insured by Association.
Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board of Directors or ita duly authorizec agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair reconstruction damaged or destroyed. property. reconstruction, as used in this Section, means repairing or restoring the property to substantlally the same condition and location that existed prior to
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by changes in applicable the fire or other casualty, allowing for any changes or improvements necesaitated building codes. covered by insurance written in the name of the Association shall be repaired or reconstructed unless, Repair and Reconstruction. Any damage or destruction to property seventy-five percent (75%) of the Total Association Vote otherwise agree. If for within sixty (60) days the casualty, at least repair or such damage or destruction, or reliable and detailed estimates of the cost of any reason either the amount of the insurance proceeds to be paid as a result of within such period, then reconatruction, or both, are not made available to the Association shall be made available; provided, however, such extension shall not exceed sixty the period shall be extended until such information of whether damage or destruction shall be repaired or reconstructed, (60) days. No Mortgagee shall have the right to participate in the determination to be repaired or reconstructed and such proceeds are not sufficient to defray If the damage or destruction for which the insurance proceeds are paid is the cost thereof, the Board of Directors shall, without the necessity of a vote of the Association's members, levy a apecial assessment against all Owners in may be made in like manner at any time during or following the completion of any proportion to the number of Lots owned by such Owners. Additional aasessments repair or reconstruction. If the funds available from insurance exceed the costs repair or or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association.
In the event that it should be determined by the Association in the manner damage or dastruction shall not be repaired event the property shall be restored to its natural state and maintained as an reconstructed and no alternative Improvements are authorized, then and in that condition. undeveloped portion of the Community by the Association in a neat and attractive on a Lot shall be repaired by destruction by fire or other casualty to all or any portion of any improvement Damage and Destruction -- Insured by Owners. The damage or after such damage or destruction or, where repairs cannot be completed within the Owner thereof within seventy-five (?5) aays seventy-five (75) days, they shall be commenced within auch period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may within seventy-five (75) days after such damage or destruction. In the event of elect to demolish all improvements on the Lot and remove all debris therefrom noncompliance with this provision, the Board of Directors shall have all enforcement powers' specified in Article XII, Section 1 of this Declaration. insurance policy carried by the Association shall, in the event of damage or Section 5. Insurance Deductible. The deductible for any casualty under any declaration or contract requiring the Assoclation to obtain such destruction, be allocated among the Persons who are responsible hereunder, or insurance, for maintenance of the damaged or destroyed property.
Condemnation Artiale VIII
Property on which improvements have been constructed, then, unless within sixty In the event of a taking by eminent domain of any portion of the Common (60) days after such taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise agree, the Association shall restore or replace such improvements во taken on the remaining land included in the Common Property available therefor. section 3 abover the actions to be taken in the event that the improvements are applicable to improvements damage, shall govern replacement or The provisions of. Article VII,
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Article IX
Annexation and Withdrawal of Property
Section 1. Unilateral Annexation By Declarant.
owner thereof, Declarant shall have the unilateral right, privilege, and option As the owner thereof or, if not the owner, with the consent of the Declaration to subject all or from time to time at any time until four (4) years after the recording of this. Exhibit "C", attached hereto and by any portion of the real property described in reference made a part hereof for record in the county in which the property to be annexed is located a provislone of this Declaration and the jurisdiction of the Association by filing Supplementary Declaration describing the property being subjected. Any such Declaration unless otherwise provided therein. annexation shall be effective upon the filing for record of such Supplementary to the real property previously subjected to this Declaration are not changed and As long as covenants applicable as long as rights of existing Owners are not adversely affected, the Declarant such annexed real property. may unilaterally amend this Declaration to reflect the different character of any Declaration shall not impose any obligation upon Declarant to subject any of such The rights reserved unto Declarant to subject additional land to the additional land to this Declaration or to the juriediction of the Association. is not subjected to this Declaration, Declarant's impose any obligation on Declarant to impose any land nor shall such rights in any manner limit or restrict the use to which such covenants and restrictions similar to those contained herein upon such additional additional land may be put by Declarant or any subsequent owner thereof, whether
Section 2. Other Annexation. Subject to the consent of the owner (s) thereof and the consent of the Declarant (во long as the Declarant owns any development and/or sale in the Community or has the right
provislons of this Declaration and the jurisdiction of the Association by filing consent of Declarant is required), the Association may annex real property to the for record in the county in which the property to be annexed is located a Supplementary Declaration describing the property being annexed. Any such Supplementary Declaration shall be signed by the President of the Association whose signature shall be attested by the Secretary of the Association, and any such annexation shall be effective only upon the filing for record Supplementary Declaration, unless a later effective date is provided therein. this Declaration o long as it has a right to annex additional property pursuant Section 3. Withdrawal of Property. Declarant reserves the right to amend to this Article for the purpose of removing any portion of the Community then owned by Declarant or the Association from the coverage of this Declaration, to in the plane for the Community, provided such withdrawal is not unequivocally the extent originally included in error or as a result of any changes whatsoever contrary to the overall, uniform scheme of development. for the Community.
Article X
Mortgagee Provisions
on Lots in the Community. The following provislons are for the benefit of holders of first Hortgages Declaration and to the Bylaws, notwithstanding any other provisions contained The provisions of this Article apply to both this
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Section 1. Notices of Action, An Institutional holder, insurer, Or guarantor of a firet Mortgage, who provides a written request to the Asgociatlon and the Lot number, therefore becoming an "eligible holder"), will be entitled (such request to state the name and address of such holder, insurer, or guarantor / to timely written notice ofi
portion (a) any condemnation loss or any casualty loss which affects a material of the Community or which affects any Lot on which there js a first Mortgage held, Insured, or guaranteed by such eligible holder;
Owner of a Lot any delinquency in the payment of assessments or charges owed by an subject to the Mortgage of such eligible holder, where delinquency has continued for a pariod of sixty (60) days; provided, however, notwithstanding this provision, any holder of a firat Mortgage, upon request, is entitled to written notice from the Association of any default in the performance Bylaws of the Association which is not cured within ixty (60) days; by the Owner of the encumbered Lot of any obligation under the Declaration or policy maintained by the Association; or any lapse, cancellation, or material modification of any insurance
(d) any proposed action which would require the consent of a specified percentage of Mortage holders.
Section 2. No Priority, No provision of this Declaration or the Bylaws righte of the firat Mortgagee of any Lot in the case of distribution to such gives or shall be construed as giving any Owner or other party priority over any owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Property.
Section 3. Notice to Association. Upon request, each Lot Owner shall be Mortgage encumbering such Owner's Lot. obligated to furnish to the Association the name and address of the holder of any
Section 4. . VA/RUD Approval: As long as the Declarant has the right to require the prior approval of the VA so long as the VA is guaranteeing any ppoint and remove the directors of the Association, the following actions shall Mortgage in the Community, and HUD so long as HUD is insuring any Mortgage in the Community: annexation of additional property to the Community, annexation by Declarant in accordance with Artiole IX, Section 1 hereof pursuant except for to a plan of annexation previously approved by the VA and/or HUD, as applicable; mortgaging of Common entity; mergers and consolidations; dissolution of the Association; and material Property; dedication of Common Property to any public Asgociation. amendment of the Declaration, Bylaws, or Articles of Incorporation of the shall be construed to reduce the percentage vote that must otherwise be obtained Section 5. Applicability of Article I. Nothing contained in this Article Article. under the Declaration, Bylaws, or Georgia law for any of the acts set out in this a written request from the Board to respond to or consent to any action shall be Failure of Mortgagee to Respond. Any Mortgagee who receives deemed to have approved such action if the Assoclation does not receive a written
Mortgagee within thirty (30) days of the date of the Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently Amendments by. Board. Should the Federal National Mortgage this Article or make any such requirements less stringent, delete any of their respective requirements which necessitate the provisions of approval of the Owners, may cause an amendment to this'Article to be recorded to reflect the Board, without
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Article XI
Easements
Section 1. Easements for Encroachment and Overhang. There shall be I reciprocal appurtenant easements for encroachment and overhang as between each Lot and such portion or portlone of the Common Property adjacent thereto or as between adjacent Lots due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of this Declaration) to a distance of not more than five (5) feet, as measured from any point on the common boundary between each Lot and the adjacent portion of the Common Property or as between adjacent Lots, as the cage may be, along a line perpendicular to such boundary at such point; provided, shall however, in no event. an Basement for encroachment exist such encroachment occurred due to willful conduct on the part of an Owner, tenant, or the Association.
Section 2.. Easements for Use and Enjoyment.
Every Owner of a Lot shall have a right and easement of ingress and enjoymant in and to Common Property which shall
following provislons: shall pass with the title to each Lot, subject to the the right of the Association to charge reasonable admission and other fees for the use of any portion of the common Property, to limit the number of guasts of Lot Owners and provide tenants who may use the Common Property, and to for the exclusive use and enjoyment of specific portions thereof at certain designated times by an owner, his family, tenants, guests, and invitees; a Lot the right of the Association to auspend the voting rights of
Owner right of an Owner to use the recreational facilities available for use by the Community, if any, for any period during which any assessment against such Owner's Lot which is hereby provided for remains unpaid; and, for a reasonable period of time for an infraction of the Declaration, Bylaws, or rules and regulations;
(111) the right of the Association to borrow money for the purpose . of improving the Common Property, or any portion thereof, or for constructing, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or anj portion of the Common Property; provided, however; the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder Owner of any Mortgage, irrespective of when executed, given by Declarant or any Lot encumbering any Lot or other property located within the Community (Any provislon in this Declaration or In any such Mortgage given by the Association to the contrary notwithstanding, the exercise of any rights therein by the holder thereof in the event of a default thereunder shall not cancel or terminate any rights, easements or privileges herein reserved or established for the benefit irrespective of when executed, given by Dealarant or any Lot. Owner encumbering Lot Owner, or the holder any Lot or other property logated within the Community.);
the right of the Association to dedicate or grant licenses, entities for public purposes; and permite or easements over, under and through the Common Property to governmental
(v) the right of the Association to dedicate or transfer all or any portion of the Common Property subject to such conditions as may be agreed to by such dedication transfer shall be. effective unless an instrument agreeing to such dedication or transfer has been
19
ROOK Z0% PARE ,522 BOOK 397 PAGE 459
approved by the affirmative vote of members who are Owners of at least two-thirds (2/3) of the Lots Declarant is required) and the consent of Declarant (so long as Declarant owns (other than Lots of Declarant so long as the consent of ' any property for development and/or sale in the Community or has the right ¡ unilaterally to annex additional property to the Community).
and to the Common Property and facilities located thereon to the members of such (b) Any Lot Owner may delegate such Owner's right of use and anjoyment in made a delegation of all such rights to the Occupants of such Owner's Lot, if Owner's family and to such Owner's tenants and guests and shall be deemed to have leased.
Section 3. Easements for Utilities. There is hereby reserved to the Declarant and the Association blanket easements upon, across, aboye and under all property within the Community for repairing, replacing, and maintaining all utilitles serving the Community or any installation, portion thereof, including, but not limited to, gas, water, sanitary sewer, telephone and electricity, as well as storm drainage and any other service such but not limited to, a master television antenna Bystem security stem which the Dealerant the stelation might decide cable television the Declarant, the Association, or the designee of either, as the case may be, installed to serve the Community. It shall be expressly permissible for to install, repair, replace, and maintain or to authorize the installation, equipment repairing, replacing, and maintaining of such wires, conduits, cables and other related to the providing of any such utility or service. furnishing any such utility or service request a specific license or Should any casement by separate recordable document, the Board shall have the right to grant easement.
Section 4. Easement for Entry. In addition to the right of the Board to exercise self-help as provided in Article XII, section 2 hereof, the Board shall community have the right, but shall not be obligated, to enter upon any property within the emergency, exercised by the manager, and all policemen, firemen, ambulance personnel, and security, and safety reasons, which right may be similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner, and the entering party shall be responsible for any to cure any damage caused. This right condit.lon of entry shall include the right of the Board to enter erosion, or other hazard in the event an owner or Occupant fails or refuses to may Increase the possibility of a fire, slope cure the condition upon request by the Board,
a perpetual easement for the benefit of the Aociation across such portions of Declarant hereby expressly reserves. necessary to allow for the maintenance required under Article V, including, determined in the sole discretion of the Association, as are without limitation, the maintenance of any lake (s), pond(s), dam (s), shoreline (s) and storm water detention/retention ponds and facilities which are within the
Such maintenance shall be performed with a minimum of intêrference to the quiet enjoyment to Lots, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at ita his easement concerning the maintenance of lakes or ponds, no tree or structure In order to allow the exercise of the rights created pursuant to normal pool elevation of any lake or pond without the prior written approval of the highest Declarant Section 6. Fasement for Entry Features.
construction and the. Association landscaping and a trement for inner, gher, inal to maintenance features and similar Declarant has inatalled entry features and similar streetscapes. streetscapes for the Community, over and upon each Lot in the community on which
The easement 20
BAND
and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features.
Construction and sale Period Basement. Notwithstanding any Incorporation of the Association, use restrictions, rules and regulations, design guidelines, and any amendments thereto, until Declarant's right unilaterally to subject property to this Declaration as provided in Article IX terminates and development and/or #ale, Declarant reserves properment across all Community or developer approved by Declarant to reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient, or incidental to Declarant's and such to property builder's or developer's development, conatruction, and sales activities related including, but without limitation: "B" and Exhibit "C" to this Declaration, for vehicular and pedestrian traffic and construction activities over, under, on (a) the right of access, ingress and egress or in the Community, including, without limitation, any Lot, (b) the right to tie into any portion of the Community with driveways, parking areas and walkways; (o) the right to tie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephoned turataled inter under and ox over the community!. (d) the right drainage lines and facilities to grant easements over, under, in or on the Community, including, without limitation, the Lots, for the benefit of neighboring properties for the purpose of tying into and/or otherwise connecting and using sewer and drainage lines and the facilities constructed or installed in, on, under and/or over the Community; (e) right; in the sole disoretion of Declarant, to construct recreational facilities on Common Property; (f) the right to carry on sales and promotional offices, activities in the Community; and (g) the right to construct and operate business signs, construction trailers, model residences, and sales offices. declarant and any such builder or developer may use residences, offices, or other owned or leased by Declarant or such builder or developer
residences and galeg offices and may also me recreational facilities, fights available for use by the Community as a sales office without charge. of interference to the quiet enjoyment of affected property, reasonable steps exercised pursuant to such reserved easement shall be exercised with a minimum ahall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. This Section shall not be amended without the Declarant's express written consent until the Declarant's righta • hereunder have terminated as hereinabove provided.
Article XII
General Provisions
Section 1. Enforcement. Bach Owner and Occupant shall comply strictly with the Bylaws, the rules and regulations, the use restrictions, as they may ba to time, and with conditiona, and restrictions set forth in this Declaration and in the deed to
Owner's Lot, The Board of Directors may impose fines or
sanctions, shall be collected as provided herein for the collection of assesaments. Failure to comply with this Declaration, the Bylaws or the rules and regulationa shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. for damages In any such Association shall injunctive relief brought by the Association,
incurred and court be entitled to recover reasonable attorney's fees actually costs Incurred by the Association in bringing such action. Failure by the Aasociation or any Owner to enforce any of the foregoing shall in
21
ROAK RANK 20> DACE '461
no event be deemed a waiver of the right to do so thereafter. The Board shall have the right to record in the appropriate land records a notice of violation of the Declaration, Bylaws, rules and regulations, use restrictions, or design quidelines and to assess the cost of recording and removing such notice against 'the Owner who is responsible (or whose Occupants are responsible) for violatinc the foregoing.
Section 2. Self-Helg. In addition to any other remedies provided for herein, the Association or its duly authorized agent shall have the power to enter upon any Lot or any other portion of the Community to abate or remove, reasonably necessary, any structure, thing or condition which violates this Declaration, the Bylaws, the rules and regulations, or the use restrictions. Unless an emergency altuation exists, the Board shall give the violating Lot Owner ten (10) days' written notice of its intent to exercise self-help. Notwithstanding the foregoing, vehicles may be towed after reagonable notice. All costs of iself-help, including, without limitation, reasonable attorney's fees actually incurred, shall be assessed against the violating Lot Owner and collected as provided for herein for the collection of assessments.
The covenants and restrictions of this Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be entorceable by the Association or any Owner, their respective legal provided by law, provided, However, if georgia law limits the period during which and assigny, perpetually to the extent covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as any such provisions shall be (a) by such law'for auccessive perioda of twenty (20) years, unless a written instrument reflecting disapproval signed by the then Owners of at least two-thirds (2/3) of the Lots and the Declarant (so long as the Declarant owns any and/or sale in the Community or has the right additional property to the Community) has been recorded within the year immediately preceding the beginning of a twenty (20) year renewal
extent specified therein; or (b) extended as otherwise provided by law. Every
purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section.
This Declaration may be amended unilaterally at any
time and from time to time by Declarant (a) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental
statute, rule, or regulation or judicial determination which shall be in conflict
therewith; (b) if such amendment is necessary to enable any reputable title
insurance company to issue title insurance coverage with respect to the Lots
subject if such amendment is required by an
institutional or governmental lender or purchaser of Mortgage loans, including, for
example,. the Federal National Mortgage Assoclation or Federal Home Loan
Mortgage Corporation, to enable such lender or purchaser to make or purchase
Mortgage loans on the Lots subject to this Declaration; or (d) if such amendment
is necessarYinsure or guarantee Mortgage loans to enable any governmental agency or reputable private insurance
company to to this
Declaration; provided, however, any such amendment shall not adversely affect the
title to any Owner's Lot unlesa. any such Lot Owner shall consent thereto in
writing. Further, so long as Declarant has the right unilaterally to subject
additional property to this Declaration
Declarant may unilaterally amend
provided, however, any such amendment shall not materially adversely affect the
of any Lot Owner hereunder, nor shall it adversely affect
title to any Lot without the consent of the affected Lot Owner.
_162
In addition to the above, this Declaration may be amended upon the affirmative vote or written consent, or any combination thereof, of the Ownars of at least two-thirds (2/3) of the Lots (other than Lots of Declarant ao long as the consent of Declarant y as the Declarant owne any property for development and/or sale in the Community is required) and the consent of Declarant (so long or has the right unilaterally to annex additional property to the Community).
Amendments to this Declaration shall become effective upon recordation, later effective date is specified therein. No provision of
Declaration which reserves or grants special rights to the Declarant shall be amended without the Deolarant's prior written approval so long as the Declarant owns any property for development and/or sale in the Community or has the right unilaterally to annex additional property to the Community.
challenging any aspect of an amendment to this Declaration must be filed in the Sup-rior Court of
Barrow County, Georgia within one (1) year of the date of recordation of such amendment in the Barrow County, Georgia land records.
Section 5. Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine • pronoun shall include the neuter and feminine.
Section 6. Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any shall not affect any other provision or the application of any provision which shall be prohibited or held invalid, such prohibition or invalidity the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable.
Section 7. Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwiae modifying or adding to the particular Article or Section to which they refer.
Section 8. Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, shall continue only until twenty-one or voidable for violation of the rule against perpetuities, then such provisions survivor of the now living descendants of Elizabeth II, Queen of England. (21) years after the death of the last
Section 9. Indemnification. To the fullest extent allowed by applicable Georgia law, the Association shall indemnify every officer and director against upon or reasonably incurred by any and all expenses, including, without limitation, attorney's fees, imposec
action, suit, or other any officer or director in connection with any
proceeding, if approved by the then Board of Directors) to which such officer or proceeding (including settlement of any suit or
The officers and director may be a party by reason of being or having been an officer or director.
directors shall not be liable for any mistake of judgment,
negligent or otherwise, except for their own individual willful misfeasance,
malfeasance, misconduct, or bad faith. The officers and directors shall have no
personal liability with respect to any contract or other commitment made by them, good faith,
officers (except to the extent that such
Associatlon shall indemnify and forever hold each such officer and director free Association), and the
and harmleas against any and all liability to others on account of any such contract or commitment.
not be exclusive of any other rights to which any officer or director, or former Any right to indemnification provided for herein shall
officer or director, may be entitled. The Association shall maintain adequate
obligation, if such coverage is reasonably available, general llability and officers' and directors' liability insurance to fund this
23
BAAL 463
Section 10. Books and Records.
copies of rules and use restrictions, Inspection by Members and Mortgageeg. This Declaration, the Bylaws, minutes of meetings of the members of the Board and of committees shall be made membership register, books of account, and available for inspection and copying by any member of the Association or by the appointed representative member and guarantore of any first Mortgage at any reasonable time and holdera, for a purpose insurers, or reasonably related to such Person's interest as a member or holder, insurer, reasonable place as the Board shall prescribe. guarantor of a first Mortgage at the office of the Association or at such other
(b) Rules for Inspection. The Board shall establish reasonable rules with respect toi
(1) notice to be given to the custodian of the records;
. and (ii) hours and days of the week when such an inspection may be made;
(iii) payment of the cost of reproducing copies of documents. at any reasonable time to inspect all books, records, (c) Inspection by Directors. Every director shal), have the absolute right Association and the physical properties owned or controlled by the Association. and documents of the documents at the reasonable expense of the Association. The right of inspection by a director includes the right to make extra copies of
Section 11. Financial Review. A review of the books and records of the Aociation shall be made annually in the manner as the Board of Directors may decide; provided, however, after having received the Board's financial statements may require that the accounts of the Association be audited às a common expense at the annual meeting, by a majority of the Total Association Vote, the Owners by a certified public accountant. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of audited financial statements within ninety (90) days of the date of the request.
Section 12. Notice of Sale or Lease. In the event an Owner sells or such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or. - lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot, each new Owner shall give the Association, in writing, may reasonably request. the name and mailing address of the Owner and such other information as the Board
Section 13. Agreements. Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Community agreements or has the right unilaterally to annex additional property to the Community) all including litigation settlement agreements regarding involving the Association, lawfully authorized by the Board o Directors shall be binding upon all Owners, their heirs, legal representatives, others having putage of potion and oment of any part of the concy. an interest in the Community or the
Section 14. Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation of the Association, any use restriction or rule, and every other privilege or privilege reasonably to be implied from the existence of any right or right or privilege. given to it therein or reasonably necessary to effectuate any such
Section 15, Variances. Notwithstanding anything to the contrary contained the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws jand any rule, regulation or use restriction promulgated pursuant thereto if it determines that waiver of application or enforcement of the provision in a for the Community. particular case would not be inconsistent with the overall scheme of development ection 16. Litigation, No judicial or administrative proceeding shal.
Association unless approved by at least seventy-five percent (75%) of the Total Association Vote. This Section shall not. provléions of this Declaration (including, without limitation, the foreclosure however, to (a) actiona brought by the Association to enforce the
(h) the imposition and collection of assessments as provided in Article IV hereof, (c) proceedings involving challenges to ad valorem taxation, or (d) counterclaims brought by the Association in proceedings instituted against
This Section shall not be amended unless such amendment is made by the Declarant pursuant to Article XII, Section 4 hereof, or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute
be required Security. The Declarant or the Association may, but shall not from time to time, provide measures or take actions which diractly or indirectly improve safety in the Community. Notwithstanding the providing of any such measures of taking of any such action by Declarant or the Association, each Owner, for himself or herself and his or her tenants, guests, licensees and invitees, acknowledges and agrees that neither the Declarant nor the Association 1s a provider of security and shall have no duty to provide security in the Community. It shall be the responsibility of each Owner to protect his or her person and property and all responsibility to provide secuxity shall lie solely with each Lot Owner. Neither the Declarant nor the Association shall be held liable for any loss or damage by reason of the failure to provide adequate security or ineffectiveness of security measures undertaken or provided.
IN WITNESS WHEREOF, the undersigned, the Declarant herein, hereby executes this instrument by and through its duly authorized officers and under seal this 22 day of .. 1997.
Parm Equities, Inc. - a Georgia corporation
W. H. Hurdle
President
Signed, sealed, and delivered [Corporate Seal]
NESS
NOTARY PUBLIC MICOLE D. WALL, N.P.
BORON COUNTY, CEDRIA
My Commission Expires:MY COMBS/CH IXPRES NOV. 16, 1990
''''''¡[Notarial Seal]
SOLE LA
SOARS
PUBLIC
25
BOOK z0/ плаг 520 465
BAAI
EXHIBIT "A"
Definitions
The following words, when used in this Declaration in any Supplementary Declaration (unless the context shall prohibit), shall have the following meanings:
(a) "Association" shall mean Lexington Nill Homeowners Association Inc., a nonprofit Georgia corporation, its successors and assigns.
(b) "Board of Director¿s¿or "Board¿of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Georgia Association, (c) "Bylaws" shall refer to the Bylaws of Lexington Hill Homeowners herein by this reference. Inc., attached to this Declaration as Exhibit "D" and incorporated
(d) "Common Property" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon, now or hereafter owned by the Association for the common use and enjoyment of the Owners.
and interests therein described in Exhibit "8", attached hereto, and (i) such additions thereto as may be made by Declarant by Supplementary Declaration of all or any portion of the real property described in Exhibit "c" attached hereto; and (ii) such additions thereto as may be made by the Association by Supplementary maintenance, "Community-Wide Standard" shall mean the standard of conduct, or other aotivity generally prevailing in the Community.
Association. standard may be more specifically determined by the Board of Directors of the Such determination, Community-Wide Standard originally established by the Declarant. consistent with the Georgia corporation, "peclarant" shall mean and refer to Farm Equities, Inc., a recorded instrument, such successor-in-title or assignee is designated as the and its successors-in-title and assigns, provided that "Declarant" hereunder; and, provided, further, upon the effective date of the designation of such successox Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that there shall be only one "Declarant" hereunder at any one point in time.
improvements (h) "Lot" shall mean any plot of land within the Community, whether constructed thereon, which constitutes
constitute, after the construction of improvements, a single-family dwelling slte is located. as shown on a plat recorded in the land records of the county wheré the Community
The ownership of each Lot shall include, and there shall pass with each Lot as an appurtenance thereto, whether or not separately described, all of the right, title'limitation, membership in the Association.. include, without and interest of an Owner in the Common Property, which shall trust, any and all other (i) "Mortgage" means any mortgage, deed to secure debt, deed of encumbering real property similar instruments used for the purpose of satisfaction of an obligation. in the Community as security for the payment or
() "Mortgagee" shall mean the holder of a Mortgage.
(k) "Occupant" shall mean any Person occupying all or any portion time, of a residence or other property located within the Community for any period of regardless of whether such Person is a property. tenant of the Owner of such
BOOK 796 PAGE 15:39 • ACC
(1) "Owner" shali mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, y excluding, however, any Person holding such interest merely as security for the performance or satisfaction of any obligation.
(m) "Person" means any natural person! imited liability company, as well as a corporation, joint venture, partnership (general or limited),
assoclation, truet, or other legal entity.
(n) "Supplementary Declaration" means an amendment or supplement imposes, to this Declaration which subjecta additional property to this Declaration or expresely or by reference, additional restrictions and obligations on the land described therein, or both.
(o) "Total Association Vote" means all of the votes attributable to members of the Association (including votes of Declarant), and the consent of Declarant o long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community.
MANU. Mr541 MA.
EXHIBIT "B"
Property Submitted
ALL THAT TRACT OR PARCEL OF LAND lying and being in GMD 1743, Barrow County, Georgia, and being known as Lexington Mill, as shown on that certain Tha pet to inton chatted ended 1 Are 90W. I Do Piat nd Basaciates, Inco% Book 410.. Page _ _/ Barrow County, Georgia land records.
800K 7 92 PAGF 540 •ACO
' EXHIBIT "C"
Additional Property Which May Unilaterally
Be Submitted by Declarant
County, Georgia. ALL THAT TRACT OR PARCEL OF LAND lying and being in GMD 1743, Barrow
• ..
SAVIXa
OF
LEXINGTON MILL HOMEOWNERS ASSOCIATION, INC.
800K 202 PAGF 1543 BOOK 207 DARE 470
Article - TABLE OF CONTENTS -
Section
Page I. NAME, MEMBERSHIP, DEFINITIONS
1. Name
2Membership
3. Definitions
II. ASSOCIATION: MEETINGS, QUORUM, VOTING, PROXIES
1. Place of Meetings
2. First Meeting and Annual Meetings
3. Special Meetinge
4. Notice of Meetings
5 . Waiver of Notice
Adjournment of Meetings
Voting
8. Proxies
9. Quorum
10. Action Without a Formal Meeting
11. Action by Written Ballot
TII. BOARD OF DIRECTORS: NUMBER, POWERS, MEETINGS
A. Composition and Selection.
1. Governing Body; Composition
2. Directors Appointed by Declarant
Number of Directors
4. Nomination of Directors
5. Election and Term of Office
6 . Removal of Directors
7. Vacancies
B. Meetinge.
8. Organization Meetings
9. Regular Meetings
10. Special Meetings
11. Waiver of Notice
12. Quorum of Board of Directors
13. Compensation
14. Open Meetings
15. Executive Session
16. Action Without A Formal Meeting
17. Telephonic Participation
C. Powers and Duties.
5 18. Powers
' 19. Management Agent
20. Borrowing
21. Fining Procedure
IV. OFFICERS
1. Officers
2. Election, Term of Office, and Vacancies
3. ' Removal.
- 4President
5. Secretary
6. Treasurer
7. Resignation
- '4'71
V. COMMITTEES
Article Section
COMMITTEES
VI. MISCELLANEOUS
1. Fiscal Year
2 - Parliamentary Rules 3. Conflicts
Amendment
5. Notices
6. Severability
Captions
BYLAWS OF
LEXINGTON MILL HOMEOWNERS ASSOCIATION, INC.
Article I
Name, Membership, Definitions
Section 1. Name. The name of the Association shall be Lexington Mill Homeowners Association, Inc. ("Association").
Section 2. Membership. The Association shail have one (1) class of membership, fully set forth in that Declaration of Protective Covenanta for Lexington Mill (such Declaration, as amended, renewed, or extended from time to time, is hereinafter sometimes referred to as the "Declaration"), reference herein. the terms of which pertaining to membership are specifically incorporated by
Section 3. Definitions, The words used in these Bylaws shall have the same meaning as set forth in the Declaration, unless the context shall prohibit.
Article II
Association: Meetings, Quorum, Voting. Proxies
at the Section 1, Place of Meetings. Meetings of the Association shall be held principal office of the Association or at such other convenient to the members as may be designated by the Board of Directors, either. suitable place in the Community or as convenient thereto as possible and practical.
Saction 2. First Meeting and Annual Meetings, An annual or special meeting shall be held within one (1) year from the date the Declaration recorded, Annual meetings shall be set by the Board so as to occur no later than sixty (60) days after the close of the Asociation's fiscal year.
Section 3. Special Meetings, The Preaident may call special meetinge. The daciation if o directed by retolution of the Board of Directors of upon it shall be the duty of the President to call a special meeting of a petition signed by at least twenty-iive percent (25%) of the Total Association Vote (the consent of the Declarant shall not be required) The notice of any special meeting shall state the date, time, and place of such meeting and the purpose thereot, as stated in the notice. No business shall be transacted at a special meeting, except
Section 4, Notice of Meetings. It shall be the duty of the Secretary to Association's records) mail or to cause to be delivered to the Owner of each Lot (as shown in the notice of each annual or special meeting of the Association stating the time and place where it is to be held, and in the notice of a special meeting, the purpose thereof. If an owner wishes notice to be given . at an address other than his or her Lot, such Owner shall designate by notice in writing to the Secretary such other address. The mailing or delivery of a notice of meeting in the manner provided in this Section shall be considered service of notice. Notices shall be served not less than ten (10) nor more than thirty (30) shall be deemed Section 5. Waiver of Notice. Waiver of notice of a meeting of the members waive notice of any meeting of the members, either before or after such meeting. the equivalent of proper notice. Any member may, in writing, Attendance at a meeting by a member, whether in person or by proxy, shall. be deemed waiver by such member of notice of the time, date, and place thereof, meeting is called to order. unless such member specifically objects to lack of proper notice at the time the
Section 6. Adjournment of Meetings. If any meetings of the Association cannot be held because a quorum is not present, a majority of the members who are present at such meeting, either in person or by proxy, may adjourn the meeting
SAnK ~. nor 544
to a time not lean than five (S) nor more than thirty (30) days from the time the original meeting was called. At such adjourned meeting called may bo transacted without further notice. resent, any business which might have been transacted at the mecting originally at which a quorum le
Section Y. Voting.
more than one (1] Person holds an ownership interest in any Lot, the vote for (a) Members shall be entitled to one (1) vote for each Lot owned. Socrotory of the Association prior to any meeting. In the absence of such advice, much Lot shall be exercised as those owers themselves determine and advise thc the Lot's vote shall be susponded if more than one (1) Person soeks to exercise If only onc (1) co-Ower attempts to cast the vote for a Lot, it Bhall be to cast the vote for such Lot. conclusively presumed that such co-Owner is authorized on behalf of all co-owners Owners and an attempt by two (2) or more of them to cast such vote or votes, such In the event of disagreement between or among copersons shall not be recognized and such vote or votes shall not be counted. legal entity not being a natural person or persons, (b) In the event an Owner is & corporation, partnership, trust, or other of such partnerohip, in an officex, director or other designated agent of such corporation, partner beneficiary or other designated agent of such trust, or entities in the affairs of the Association. managor of such other legal entity shall be eligible to represent such entity oi relationship with tho entlty or entities which are the owner, and termination of Ancocjation ehall torminate automatically upon tho termination of such person's nlected or appointed position within the Association in which such person may the person's relationship with the Association will create a vacancy in any havo been serving, which position shall be filled by the Board.
to be elected to the Hoard, [o) No Owner shall be eligible to vote, either in person or by proxy, o if that Ower is shown on the books or managemen! ccounts of the Association to be more than thirty (30) days delinquent in an aymonk due the Association or if the Owner has had its voting rights suspende of the Association. or the infrachion of any provision of the Declaration, these Bylaws, or any rule If the voting rights of an Owner have been suspended; thal majority or a quorum or for purposos of amending those Bylaws or the Declaration. Owner shall not be counted as an eligible vote for purposes of establishing a person or by proxy. Section 8. Proxies. At all meetings of members, each member may voto in All proxies shall be in writing, dated, and filed with tho revocable and shall automatically cease upon conveyance by the member of such the appointed time of each meeting. Every proxy shall be member's Lot, judicially declared or upon raceipt of notice by the secretary of the death or the expiration of eleven (1l) months from the date of the proxy. incompetence of a member, or of written revocation, ox upon
Section 9. The presence, in person or by proxy, of twenty-five percent (25%) of the total eligible Assoclation vote shall conntitute a quorum at all meetings of the Association, The membora present at a duly called or hold meeting at which a quorum in present may continue to do
adjournment, notwithotanding the withdrawal of enougb members to leave less than
Section 10, Action Without a Formal Meeting. Any action to be taken at mambora may be taken without a meeting if one (1) or more consents, in writing, a mooting of the members or any action that may be takon at a meeting of the Botting forth the action so taken, shall be eigned by mombere holding the voting povor required to pacs auch action at a meeting held on the date that the laat Such action concont in executed and such action is consented to by the Declarant if required. shall bo effective upon receipt by the Association'of a-sufficient numbor of such consents executed by current membere unless a later effective dato
2
BOOK 397 PAGE 474
is specified therein. Each signed consent shall be delivered to the Association shall be included in /‚permanent records of the Association. minutes of meetings of members filed in the
Section 11. Action by Written Ballot. Any action to be taken at any approved by written ballot as provided herein. The Association shall deliver a annual, regular or special meeting of members may be taken without a meeting if written ballot to each member entitled to vote on the matter. The written ballot shall set forth each proposed action and provide an opportunity to vote for or be valid when the number of votes cast by ballot equals or exceeds the quorum against each proposed action. Approval by written ballot of an action shall only; of required to be present at a meeting held to authorize such action and the number approvala equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. requirements; state the percentage of approvals necessary to approve such matter written ballot shall indicate the number of responses needed to meet the quorum be received by the Association in order to be counted. other than the elaction of directors; and specify the time by which a ballot must of Directors. received by the Association may not be revoked without the consent of the Board The results of each action by written ballot shall be certified by the Secretary and shall be included in the minutes of meetings of members filed in the permanent records of the Association.
Board of Directorsi Number, Powers, Meetings Article III
A. Composition and Selection.
shall be governed by a Board of Directors. Section 1. Governing Body; Composition. The affairs of the Association this Article, the directors must reside in the Community and shall be members or Except as provided in Section 2 of spouses of such members; provided, however, no person and his or her spouse may serve on the Board at the same time. right to appoint or remove any member or members of the Board of Directors or any Section 2. Directors Appointed by Declarant. Declarant shall have the officer or officera of the Association until such time as
date of the recording of the Declaration, (b) the date on which thirty-eight (38) (a) the expiration of four (4) years after the Lots shall have been conveyed to Persons who have not purchased such Lots for the purpose of construction of a residence and resale of such Lot and residence, or directors and officers of the Association. Each Owner, by acceptance of a deed (c) the surrender by Declarant in writing of the authority to appoint and remove to or other conveyance of a Lot, vests in Declarant auch authority to appoint and remove directors and officers of the Association. Declarant need not be Owners or residents in the Community. The directors selected by the members; provided, however, the Board may at any time after the meeting at wh (3) Number of Directors. The Board shall consist of three the Owners elect directors pursuant to Article III, Section 5(a) of these Bylaws, increase the number of Board members to be elected at the next annual meeting of the Association at which Board members are elected to five (5).
Section 4. Nomination of Directors. Elected directors shall be nominated from the floor and may also be nominated by a nominating committee, if such a committee is established by the Board. opportunity to communicate their qualifications to the members and..to solicit All candidates shall have a reasonable elected and hold office as follows: Section 5. Election and Term of Office. Owner-elected directors shall be
(a) At the next annual meeting after the Declarant's right to appoint directors and officers terminates (or at a special meeting if one is called for such purpose), Owners shall elect three (3) directors. elected. (b) At annual meetings of the membership thereafter, directors shall be All eligible members of the Association shall vote on all directors to be elected, and the candidate(s) receiving the most votes shall be elected. one (1) director shall be fixed at The term of one (1) director shall be fixed at one (1) year, the term of director shall be fixed at three (3) years. two (2) years, and At the expiration of the initial the term of one term of office of each respective Owner-elected member of the Board of Directors, or, if the Board le increased to five (5) members as provided in Section 3 above,' to serve for a successor and,. a term of two (2) years. if applicable, the additional Board members, shall be elected shall hold office until their respective successors shall have been elected by The members of the Board of Directors the Association.
Association duly called, any one (1) Section 6. Removal of Directors. At any regular or special meeting of the Directors may be removed, with or without cause, by a majority of the Total or more of the members of the Board of Association Vote and a successor may then and there be elected to fill the vacancy thus created. hall be given at least ten (10) days' notice of the calling of the meeting and A director whose removal has been proposed by the Owners willer ip fly tad tarpose thereof and shall be given an opportunity to be heard at the masting. Additionally, any director who has three (3) consecutive unexcused absences from thirty (30) days may be removed by a majority vote of the directors at a meeting, Board meetings or who is delinquent in the payment of an assessment for more than a quorum being present. This Section shall not apply to directors appointed by
Section 7. Vacancies. Vacancies in the Board of Directors caused by any reason by a vote of the majority of the remaining directors, even though less excluding the removal of a director by vote of the Association, shall be shall serve the unexpired portion of the term. than a quorum, at any meeting of the Board of Directors. Each person o selected B. Meetings.
Section 8. Organization Meetings. The first meeting of the Board of ten (10) days thereafter at such time and place as shall be fixed by the Board. Directors following each annual meeting of the membership shall be held within may be held at such time and place as shall be determined from time to time by Section 9. Regular Meetings.: Regular meetings of the Board of Directors during each fiscal year with at least one (1) per quarter. a majority of the directors, but at least four (4) such meetings shall be held schedule shall constitute sufficient notice of such meetings. Notice of the regular
Section 10. Special Meetings. Special meetings of the Board of Directors notice shall specify the time and place of the meeting and the nature of any shall be held when requested by the President or by any two (2) directors. special business to be considered. The notice shall be given to each director notice by one (1) of the following methods: (a) by personal delivery, (b) written class mail, either directly to the director or to a person at the director's home or office postage prepaid, (c) by telephone communication, who would reasonably be expected to communicate such notice promptly to the director, (d) by telegram, charges prepaid, or (e) by commercial delivery service to such director's home or office. director's address or All such notices shall be given or sent to Association. Notices sent by first class mail shall be deposited into a United telephone number as shown on the records of the States mailbox at least four (4) days before the time get for the meeting.
BOOK 396 PAGF 546 RANK Z0> DABE4'76
given at NotIces given by personal delivery, telephone, or telegraph company shall be least forty-eight (48) hours before the time set for the meeting. Section 11. Waiver of Notice. The transactions of any meeting of the / Board of Directors, however called and noticed or wherever held, shall be valid as though taken at a mpeting duly held after regular call and notice, if (a) a quorum is prasent and (b) either before or after the meeting, each of meeting, or an approval of the minutes. directors not present signs a written waiver of notice, a consent to holding the specify the purpose of the meeting. The waiver of notice or consent need not given to any director who attends the meeting without protesting before or at its Notice of a meeting shall also be deemed commencement about the lack of adequate notice.
of Directors, Section 12. Quorum of Board of Directors. At all meetings of the Board traneaction of business, and the votee of a majority of the directors present at a majority of the directors shall constitute a quorum for of Directors. a meeting at which a quorum is present shall constitute the decision of the Board the Association for acting as such. Section 13. Compensation. No director shall receive any compensation from his or her actual expenses incurred in the performance of his or her duties. However, any director may be reimbursed for
Section 14. Open Meetings. All meetings of the Board shall be open to all embers, but members other than directors may not participate in any discussio or deliberation unless expressly so authorized by the Board.
Section 15. Executive Session, The Board may adjourn a meeting
in executive
a similar nature.
considered in executive session shall first be announced in open session.
Section 16. Action Without A Formal Meeting. Any action to be taken at a meeting of the directors or any action that may be taken at a meeting of the directors may be taken without a meeting if one (1) or more consents, in writing, getting forth the action so taken, shall be signed by a majority of the directors and delivered to the Association for inclusion in the minutes for filing in the corporate records.
Telephonic Participation. One (1) or more directors may telephone conference call or similar communication equipment by means of which participate in and vote during any regular or special meeting of the Board by all persone participating in the nesting can hear each other at the same timch and those directors so participating shall be present at such meeting. meeting at which a quorum participates shall constitute a regular meeting of the C. Powers and Duties.
affairs of the Association and shall have all of the powers and duties necessary Section 18. Powers. The Board of Directors shall be responsible for the for the administration of the Association's affairs and, as provided by law, may of the Assoclation, or these Bylaws directed to be done and exercised exclusively do all acts and things as are not by the Declaration, Articles of Incorporation by the members. resolution of In addition to the duties imposed by these Bylaws or by any
Associatj.on that may hereafter be adopted, the Board of of explanation, but not limitation; Directore shall have the power to and be responsible for the following, in way established the contribution of each Owner to the common expenses; (a) preparation and adoption of an annual budget in which there shall be
5
ROOK > O, DAAr 1547 BOOK 797 PAGE 142'2
making agaeasments to defray the common expenses, establishing the means and methods of collecting auch assessments, and establishing the period of the installment payments of the annual assessment; providing for the operation, care, upkeep, and maintenance of all areas which are the maintenance responsibility of the Association;
operation (d) designating, hiring, and dismissing the personnel necessary for the of the Association compensation of such personnel and for the purchase of equipment, supplies, and appropriate, providing material to be used by such personnel in the performance of their duties;
(e) collecting the assessments, depositing the proceeds thereof in a bank depository which it shall approve, and using the proceeds to administer the Association;
(f) making and amending use restrictions and rules and regulations; the signatories required; (g) opening of bank accounts on behalf of the Association and designating enforcing by legal means the provisions of the Declaration, these Bylaws, and the rules and regulations adopted by it, and bring any proceedings Association; may be instituted on behalf of or against the Owners concerning the obtaining and carrying insurance against casualties and liabilities, as provided in the Declaration, and paying the premium cost thereof;
members which are not directly chargeable to Owners; paying the cost of all services rendered to the Association or its
(k) keeping books with detailed accounts of the receipts and expenditures and repair expenses and any other expenses incurred; and affecting the Association and its administration, and specifying the maintenance functions. (1) contracting with any Person for the performance of various duties and
Section 19. Management Agent. The Board of Directors may employ for the professional management agent or: agents at a compensation Board of Directors shall established by the Board of Directors to perform such duties and services as the Declarant may be employed as authorize. The Declarant or an affiliate of the management agreement shall not exceed one (1) year and managing agent or manager. The term
termination by either party, without cause and without penalty, upon thirty (30) shall be subject to days' written notice.
Section 20. Borrowing. The Board of Directors shall have the power to borrow money for the purpose of repair or restoration of the Common Property and facilitles without the approval of the members of the Association; provided, however, the Board shall obtain memberahip approval in the same manner as for of modifying, special assessments, in the event that the proposed borrowing is for the purpose improving, or adding amenities, and the total amount
borrowing exceeds or would exceed Ten Thousand ($10,000.00) Dollars outstanding debt at any one time.
Section 21, Fining Procedure, The Board shall not impose a fine (a late charge shall not constitute a fine) unless and until the following procedure is followed:
(a) Notice. Written notice shall be served upon the violator by firstAssociation's records, specifying: certified mail sent to the last address of the member shown on the
BANK--. ,CA0
(1) the nature of the violation, the fine to be imposed and the will take effect; date, not less than fifteen (15) days from the date of the notice, that the fine
(11) that the violator may, within ten (10) days from the date of ' the notice, request a hearing regarding the fine imposed;
· to challenge the fine; (121) the name, address and telephone numbers of a person to contact by the violator at the hearing; and (iv) that any statements, evidence, and witnesses may be produced hearing is not requested within ten (10) days of the date of the notice. that all rights to have the fine reconsidered are waived if a 003327 to be heard. The minutes of the meeting shall contain a written statement of the in executive session, and the violator shall be given a reasonable opportunity results of the hearing. No fine shall be imposed prior to the date that is five (5) days after the date of the hearing.
Article IV
Officers
Seation 1. Officers. The officers of the Association shall be a President, Secretary, and Treasurer. Any two (2) or more offices may be held by the same person, except the offices of President and Secretary. and Treasurer shall be elected from among the members of the Board of Directors. The (Presidènt any such Vice President shall have all powers, duties, and responsibilities The Board may also elect a Vice President to act in the President's absence and provided for the President when s0 acting.
Section 2. Election, Term of Office, and Vacancies. Except during the period in which the Declarant has the right to appoint the officers of the Association under Article III, Section 2 of these Bylaws, the officers of the meeting of the Board of Directors following each annual meeting of the members. Association shall be elected annually by the Board of Directors at the first vacancy in any arising because of death, resignation, removal, or the term. otherwise may be filled by the Board of Directors for the unexpired portion of
Section 3. Removal. Any officer may be removed by the Board of Directors thereby. whenever, in its judgment, the best interests of the Association will be served
Section 4. President. The President shall be the chief executive officer the Board of Directors. of the Association and shall preside at all meetings of the Association and of duties which are incident The President shall have all the general powers and to the office of the president organized under the Georgia Nonprofit Corporation Code. of a corporation
Section 5. Secretary. The Secretary shall keep the minutes of all of such books and papers as the Board of Directors may direct and shall, meetings of the Association and of the Board of Directors and shall have charge perform all duties incident to the office of the secretary of in corporation organized in accordance with Georgia law.
Section 6, Treasurer› The Treasurer shall have the responsibility for the Association's funds and securities and shall be responsible for keeping full and accurate financial records and books of account disbursements, for preparing all required financial statements and tax returns, showing all. receipts and
7
. 1H0
and for the deposit of all monies and other valuable effects in the name of the be designated by the Board of Directors. Авво or the managing agent in such depositories as may from time to time '
Section 7. Resignation. Any officer may resign at any time by giving written notice to the Board of Directors. Such resignation shall take effect on the date of the receipt of such notice or at any later time specified therein, not be necessary to make it effective. and unless otherwise specified therein, the acceptance of such resignation shall
Article V
Committees
designated by the Board are hereby authorized. Committees to perform such tasks and to serve for such periods as may be and shall operate in accordance with the terms of the resolution of the Board of Each committee shall be composed Directors designating the committee or with rules adopted by the Board of Directors.
Article VI
Miscellaneous
Section 1, Fiscal Year. The fiscal year of the Association shall be determined by resolution of the Board. In the absence of such a resolution, the fiscal year shall be the calendar year.
Suction 2. Parliamentary Rules. Roberts Rules of Order (current edition) with Georgia pith dougla hot the freial a internation one handing on% the the Articles of Incorporation of when not in conflict proceeding.
Section 3. Conflicts. If there are conflicts or inconsistencies between the provisione of Georgia law, the Articles of Incorporation of the Association, Declaration, provisions Georgia law, the that order) shall prevail. Declaration, the Articles of Incorporation of the Association, and the Bylawa (in
Section 4. Amendment. These Bylaws may be amended by the Board of Directors (a) if such amendment is necessary to bring any provision hereof into judicial determination which shall be in conflict compliance with any applicable governmental statute, rule, or regulation or insurance coverage with respect to the Lots subject to the Declaration, (c) if amendment is necessary to enable any title insurance company to issue title purchaser of mortgage amendment is required by an institutional or governmental lender or Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such including, for example, the Federal National lender or purchaser to make or purchase mortgage loans on the Lots subject to the Declaration, or (d) if such amendment is necessary to enable any governmental insurance company to insure or guarantee mortgage loans on the Lots affirmative vote or written consent, or In addition, these Bylaws may be amended upon the Department of Veterans Affairs ('VA") (if it is then guaranteeing any mortgage cwo-thirds (2/3) of the Total Association Vote; provided, however, that the U.S. in the Community or has issued a project approval for the guaranteeing of such "if it iS And/or the U.s. Department of Housing and Urban Development (HUD) approval for the ja then inguring any mortgage in the Community or has ineved a project insuring of such mortgages) shall have the material amendments to these Bylaws for as to long as the Declarant has the right appolnt and remove the directors and officers of the Association.
Section 5. Notices. Unless otherwise provided in these Bylaws, all notices, demands, bills, atatements or other communications under these Bylaws or the Declaration shall be in writing and shall be deemed to have been duly ' postage prepaid: given if delivered personally or if sent by United States mail, first class in writing and (a) if to a Lot Owner, at the address which the Lot Owner has designated. filed with the designated, at the addrees of the Lot of such Owner; secretary or, if no such address has been
(b) if to an Occupant, at the address of the Lot occupied; or
(c) if to the Association, the Board or the managing agent, at the principal office of the Association or the managing agent, if any, or at such other address as shall be designated in writing and filed with the Secretary.
Section 6. Severability. Whenever possible,
Bylaws shall be interpreted in such manner as to be effective and valid, but if each provision of these che application of any provision of these Bylaws to any Person or to any property be prohibited affect any other provision or the application of any provision which can be given such prohibition or invalidity shall not provisions of these Bylaws are declared to be severable. effect without the invalid provision or application, and, to this end, the
Section 7, Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer.
9
800K × 9% PAGE 1550
FILED BK0547 PG0192 SUPERIOR COURT
PARROW COUNTY, GA.
00 JUN 16 PM 8:22
GLORIA M, WALL, CLERK
Effective May 1, 2000, the following changes to the Covenants of Lexington Mill
Subdivision are added as an addendum to the original Covenants of Lexington Mill as
recorded in Deed Book 396 page 509 and re-recorded in Deed Book 397 page 436.
These changes were passed by a two thirds (2/3) majority of the Lexington Mill
Homeowners.
Article VI, Section 30:
Amended to read: Propane fuel tanks must be buried underground at any home beginning construction on or after May 1, 2000.
Article VL, Section 35:
Amended to read: The minimum square footage of a single story home shall be 2500
square feet on any home beginning construction on or after May 1, 2000.
Article VI, Section 36:
Amended to read: Asphalt driveways are not permitted on any home site beginning
construction on or after May 1, 2000.
Article IX, Section 2:
Amended to read: As per Exhibit "C" to annex additional lots into Lexington Mill
Subdivision. These lots to include lots on Olde Lexington Road, owned and for sale by
Janet Cape, 789 Old Hog Mt. Road Hoschton, GA 30548 (Plot plan attached), and lots
on Lexington Ridge Road, owned/developed and for sale by Jerry Maynard, 31 S. Center Street Winder, GA 30680. (Plot plan attached).
Lexington Mill Homeowners Association
PO Box 281
Hoschton, GA. 30548
Willian H. Cooper MIX
Villain A Cogiste
Secretary, IMHA
RETURN TO:
JIM REGISTER BK0721 PG0017 1219 OLSE LEXINGTOW OLE. FILED
SUPERIOR COURT
MUSCHION, GA 30548 BARROW COUNTY, GA.
02 SEP -3 PM 2:49
GLORIA M. WALL, CLERK
Effective March 8, 2002 the following changes to the Covenants of the Lexington Mill Subdivision are added as an addendum to the original Covenants of Lexington Mill and recorded in Deed Book 396 page 509 and re-recorded in Deed Book 397 page 436. The changes were passed by a 2/3 majority of the Lexington Mill Homeowners.
Article VI, Section 35:
Amended to read: No single one or two story family residential structure shall be located on any
Lot unless such structure shall have at lease 2500 square feet of total heated and cooled living
area, not including any finished basement square footage.
Article VI, Section 39:
Amended to read: The builder of any improvement on a Lot shall be responsible for
implementation of and conformance with the Barrow County soil erosion control ordinance.
Such builder, or homeowner, shall be required to maintain the cleanliness of the building site,
remove all debris and construction materials after completion of construction and remove
transported soils from street gutters and catch basins abutting the Lot. All disturbed areas on a
Lot must be seeded with a permanent vegetative cover. Any electrical meter base installed on
the side of a home must be painted the same color as the exterior of the home. Construction of a
residential dwelling on a Lot must be completed within eighteen (18) months from the issuance
date of any type of permit from the appropriate governmental authorily and twelve (12) months
from the issuance of a building permit from the appropriate governmental authority.
Article VI, Section 40
Added to read: All lawn, which buttresses any street, is to be sodded on homes beginning
construction after March 8, 2002.
Lexington Mill Homeowners Association
PO Box 281
Jim Register'
Treasurer, LMHA Meiser
Balli S. Naz piano BOBBIE S. DARBY, N.P. JACKSON COUNTY, GEORGIA VALON: MY COMMISSION EXPIRES APRIL: 23, 2008
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