Covenants
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR OLD FARM SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this _ day of › 2006, by OLD FARM GROUP, LLC, a Georgia limited liability company (hereinafter referred to as "the Declarant) for OLD FARM and THE ESTATES AT OLD FARM (Hereinafter referred to as the "Subdivision").
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property known as Old Farm Subdivision, Block A and The Estates at Old Farm, Block B (the "Subdivision') located in the 221s G.M.D., Oconce County, Georgia, described in Exhibit "A" attached hereto and desires to create thereon a planned community with common areas for the use of the residents within said community and the residents of the property; and
WHERAS, Declarant desires to subject the real property described in Exhibit "A" to the provisions of this Declaration, and to avail the Subdivision of the provisions and benefits of the Georgia Property Owners' Association Act codified at O.C.G.A. §44-3-220, et seq.;
NOW, THEREFORE, Declarant hereby declares that the real property described in Exhibit "A" to this Declaration, including the improvements constructed or to be constructed thereon, is hereby subject to the provisions of this Declaration, and the provisions of O.C.G.A. §44-3-220, et seq. and shall be held, sold, transferred, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants and restrictions (sometimes referred to herein collectively as "covenants and restrictions") hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to the real property hereby made subject hereto, and shall be binding on all persons having any right, title or interest in all or any portion of the real property now made subject hereto, their respective heirs, legal representatives, successors, successors in title and assigns, and shall inure to the benefit of each and every owner of all of any portion thereof.
ARTICLE I. DEFINITIONS
The terms in this Declaration and the attached exhibit shall generally be given their natural, commonly accepted definitions except as otherwise specified.
Section 1. "The Act" shall mean the Georgia Property Owners Association Act, O.C.G.A. §44-3-220, et seq., as the same is or may be hereinafter amended.
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Section 2. "Additional Property" shall mean that property (herein referred to as the "Additional Property") which is to be identified by the Declarant and, at the option of the Declarant submitted to the provisions hereof. Declarant may, from time to time, subject the Additional Property to the provisions of this Declaration, as more particularly described hereinafter. Except as otherwise specifically provided, no portion of the Additional Property shall be subject to this Declaration unless and until the same is submitted in the manner hereinafter described.
Section 3. "Architectural Control Committee" shall mean the committee established by the Declarant or the Board of Directors pursuant to this Declaration and the By-Laws which committee shall govern and enforce all proposed and completed architectural additions, changes, or modifications to any structure or Lot pursuant to the Design Guidelines for the Association. The Architectural Control Committee shall be comprised of one or more persons. As long as Declarant has the right to annex Additional Property, unless otherwise waived or relinquished by Declarant, Declarant shall have the right to appoint all members of the Architectural Control Committee. Once the Declarant no longer has the right to appoint the members of the Architectural Control Committee, the Association's Board shall appoint all Members of the Architectural Control Committee which shall then be comprised of no less than three (3) Members. Each Member so appointed shall serve a one (1) year term.
Section 4. "Articles of Incorporation' or "Articles" shall mean the Articles of Incorporation of Old Farm Homeowners Association, Inc., a not-for-profit corporation as filed with the Secretary of State of the state of Georgia.
Section 5. "Association" shall mean and refer to Old Farm Homeowner's Association, inc., its successors and assigns.
Section 6. "Board of Directors" or "Board" shall mean the Board of Directors of the Association, the members of which shall be appointed and elected from time to time as provided in this Declaration, the Articles of Incorporation and the By-Laws. The Board of Directors shall be the governing body of the Association.
Section 7. "Builder" shall mean any person who purchases one or more Lots for the purpose of constructing improvements for later sale to consumers in the ordinary course of such person's business.
Section 8. "By-Laws" shall mean the By-Laws of Old Farm Homeowners Association, inc., as the same may be hereinafter amended.
Section 9. "Common Area" shall mean all real and personal property submitted to the Declaration which is owned or leased by the Association for common use and enjoyment of the members. "Common Area" as defined herein may sometimes be referred to as "50' Greenspace Buffer" along Cliff Dawson Road, Daniels Bridge Road and all the boundaries of the Subdivision as shown on the Plat entitled "Final Subdivision Plat for Old Farm Block A and Old Farm Estates Block B", consisting of 5 sheets by Cornerstone Land Surveying, James R. Smith, Registered Land Surveyor No. 2407 (the Subdivision Plat"); the private roads and streets within the Subdivision being Traveller
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Run, Derby Hill Lane, Nellie Gray Court and Cary Way as shown on the Subdivision Plat including the subdivision entry and gates; the 100 Year Stormwater Detention Easement together with the 20' drainage easements and 20' maintenance and access easements as shown on the Subdivision Plat; the Conservation Corridor Buffer lying 50 feet on either side of the centerline of the branch as shown on the Subdivision Plat; and the Maintenance Easements for Sidewalks, Landscaping and Fencing as delineated in Article II, Section 4 below.
Section 10. "Common Expenses" means all expenditures lawfully made or incurred by or on behalf of the Association together with all funds lawfully assessed for the creation and maintenance of reserves pursuant to the provisions of the Declaration.
Section 11. "Declarant" shall mean and refer to or Old Farm Group, LLC, a Georgia limited liability company. "Declarant" shall also include (i) any lender who succeeds to the interest of Declarant through foreclosure of any deed to secure debt or conveyance in lieu of foreclosure, (ii) any successor, successor-in-title or assign of the Declarant if the Declarant delivers to such party or parties a written assignment of Declarant's rights under this Declaration, and (iii) for the limited purpose of executing an amendment to this Declaration for the purposes of adding the Additional Property to this Declaration, any successor, successor-in-title or assign of the Declarant for the purpose of erecting improvements thereon or for the sale of such property to third parties for the erection of improvements thereon, and who owns title to said property at the time the Additional Property is to be added to this Declaration pursuant to said Article X.
Section 12. "Declaration" means this recordable instrument creating covenants upon property which covenants are administered by a property owners' association in which membership is mandatory
for all owners of lots in the Subdivision.
Section 13. "Design Guidelines" shall mean the design and construction guidelines and application and review procedures applicable to the Property and Additional Property promulgated and administered pursuant to Article VII.
Section 14. "First Mortgage Holder" or "First Mortgagee" shall mean the holder of any first priority mortgage.
Section 15. "Lot" shall mean any portion of the Property intended for individual ownership and use together with all improvements erected thereon, as such Lots are shown on the Plat or any revisions thereof.
Section 16. "Member" shall refer to a Person subject to membership in the Association pursuant to Article V.
Section 17. "Mortgage" shall refer to any deed to secure debt or other transfer or conveyance for the purpose of securing the performance of an obligation, including, but not limited to, a transfer or conveyance for such purpose of fee title.
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Section 18. "Owner" or "Lot Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, but excluding those having such interest merely as security for the performance of an obligation of an Owner.
Section 19. "Person" shall mean a human being, a corporation, a partnership, a trustee, or any other legal entity.
Section 20. "Plat" or the "Subdivision Plat" shall refer to that certain plat of survey entitled "Final Subdivision Plat for Old Farm Block A and Old Farm Estates Block B" by Cornerstone Land Surveying, James R. Smith, Registered Land Surveyor No. 2407, and recorded at Plat Book
‚Oconce County records, and any revisions thereof recorded in the aforesaid records. Section 21. "Property" shall mean and refer to that certain real property described in Exhibit "At attached hereto and made a part hereof, and such Additional Property as is made subject to this Declaration.
ARTICLE II. EASEMENTS
Section 1. Declarant's Retained Easements for Construction. In connection with the development of the Property and the Additional Property, Declarant hereby reserves for itself, its successors and assigns, and its designees (which may include, without limitation, any governmental or quasi-governmental entity and any utility or cable service company), easements for the installation, and cable television maintenance and repair of water, sanitary sewer and storm drainage lines and electric telephone and cable television lines. Declarant may cut any trees, bushes or shrubbery or make any soil grading or excavations necessary to install such water, sanitary sewer or storm drainage lines or such electrical and telephone lines, provided Declarant restores the affected areas to a condition as near as practical to its original condition. Declarant also reserves, for itself, its successors and assigns, a temporary easement for pedestrian and vehicular ingress and egress across any and all streets and roads which now or hereafter exist upon the Property and the Additional Property for purposes of construction, maintenance or repair of Lots and Common Area improvements located thereon and for such other reasonable purposes as Declarant may determine from time to time, and this easement shall not be limited to any period of development of the Property. The easements provided in this Section 1 may not be amended or terminated without the consent of Declarant. Upon the date one (1) year after the conveyance of the private streets and roads by the Declarant to the Association as Common Area, this easement shall automatically lapse and expire.
Section 2. Right of Entry. The Association shall have the right, but not the obligation, to enter upon any Lot for emergency, security and safety reasons, to perform maintenance, and to inspect for the purpose of ensuring compliance with this Declaration, the By-Laws and the rules and regulations of the Association. Such right may be exercised by any member of the Board, the Association's officers, agents, employees, and managers, members of the Architectural Control Committee and all policemen, firemen, ambulance personnel, and similar emergency personnel in
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the performance of their duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner. This right of entry shall include the right of the Association to enter upon any Lot to cure any condition which may increase the possibility of a fire or other hazard in the event an Owner fails or refuses to cure the condition within a reasonable time after requested by the Board, but shall not authorize entry into any single family detached dwelling. without permission of the Owner, except by emergency personnel acting in their official capacities.
Section 3. Private Roads. Declarant reserves for itself and the Association a perpetual easement for the purposes of ingress and egress over all private roads within the Subdivision. The Association shall be solely responsible for the maintenance of the private roads including but not
shall be lien assessable to the same extent as for other Common Elements as provided for herein.
Section 4. Storm Water Detention Facilities and Drainage Easements. Declarant reserves for itself and the Association a perpetual easement for the installation, maintenance, repair and landscaping of all storm-water detention facilities and their related easements. These elements shall be maintained by the Association and all costs for maintenance, repair, improvement, and insurance shall be lien assessable to the same extent as for other Common Elements as provided for herein.
Section 5. Maintenance Easement for Sidewalks, Entry, Landscaping and Fencing. Declarant reserves for itself and the Association a perpetual easement to maintain the sidewalks, subdivision entry and gates, landscaping and fencing along the private roadways where these improvements encroach into individual lots. The easement will include an area extending approximately five (5) feet behind the fencing. The "Association" shall not be responsible for the construction and maintenance of the stone columns to be constructed on either side of each lot owner's driveway.
All easements reserved herein by Declarant or the Association for access to and maintenance of Common Areas herein, specifically including but not limited to all private roads and stormwater detention facilities.No public funds of Oconee County, Georgia are being used to build, repair or maintain any Common Area, including but not limited to the private roads and storm drainage facilities, within the Subdivision.
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ARTICLE III. GENERAL COVENANTS AND RESTRICTIONS
The following restrictions shall apply to all Property subject to the Declaration. Section 1. Restriction of Use. Lots may be used only for residential and related purposes (which may include, without limitation, an information center and/or a sales office of the Declarant or its assigns) consistent with this Declaration. Notwithstanding the foregoing, the Owner of a Lot consisting of three (3) acres or more shall be permitted to maintain up to one horse for every two (2) acres of such Lot for personal use and subject to the Architectural Control Committee to construct a stable or outbuilding for the purpose of stabling such horse or horses, but such equestrian use shall only be personal for the Owner and his family and no commercial stable operation use shall be permitted on a Lot and shall otherwise comply with all of the Requirement of this Declaration, including, but not limited to, Article III, Section 8 below. Subject to the maintenance responsibilities of the Association, each Owner shall maintain its Lot in a neat, clean and safe condition and in good repair.
Section 2. Subdivision of Lot. No Lot may be split, divided or subdivided for sale, resale, gift, transfer or otherwise, without the prior written approval in recordable form of the Declarant or the Association, as the case may be. The transfer of an undivided fractional interest in a Lot shall not be a transfer requiring approval of the Association.
Section 3. Use of Common Area. There shall be no obstruction of the Common Area, nor shall anything be kept or stored on any part of the Common Area without the prior written consent of the Association, except as specifically provided herein. No vehicle shall be parked on the roadways and drive lanes that constitute a part of the Common Area for more than twenty-four (24) hours. Nothing shall be altered on, constructed in, or removed from the Common Area except upon the prior written consent of the Association.
Section 4. Prohibition of Damage and Certain Activity. Without the prior written consent of the Declarant or the Association, as the case may be, except as expressly permitted herein nothing shall be done or kept on the Property or Lot which would materially increase the rate of insurance on the Property or any Lot. Nothing shall be done or kept on the Property, or any Lot, which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirements of any governmental body. There shall be no noxious, destructive or offensive activity on the Property or the Lot. Each Owner shall refrain from any work which, in the reasonable opinion of the Association Board of Directors or its designee, would jeopardize thereon, would reduce the value thereof, or would impair any casement or hereditament thereto, without in every such case the unanimous, prior written consent of all members of the Association and their mortgagees. All construction activity, including but not limited to storage of building materials and parking of workers' vehicles, shall take place out of the roadway and the contiguous common area casement unless otherwise permitted by the Association Board of Directors in writing. No damage to or waste of the Common Area, or any part thereof, or of the exterior of any building constructed upon any Lot shall be permitted by any Owner or member of his family or any invitee or any Owner. Each Owner shall indemnify and hold the Association and the other Owners harmless
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against all loss to the Association or the other Owners resulting form any such damage or waste caused by him, members of his family or his invitees.
Section 5. Fences. No fence, hedge, shrub planting, wall or other dividing instrumentality shall be constructed or maintained on any Lot except the fence, if any, installed by the Declarant on the Common Area and/or as Declarant may construct or maintain such dividing instrumentality in accordance with its architectural plans or except as approved in writing by the Association's Architectural Control Committee in accordance with its guidelines and procedures, said consent not to be unreasonably withheld provided the style and type of materials is architecturally compatible with the main dwelling constructed on the Lot. In addition, no chain link fence shall be erected on any part of the Property unless required by local ordinance or to enclose a private tennis court constructed on a Lot, with all chain link fences and appurtenances being either dark green or black in color. Except for any fence installed on the Common Area by Declarant, no such dividing instrumentality shall be placed or permitted to remain in any location which obstructs site lines at elevations between two (2) and six (6) feet above the roadway at any street intersection or at the intersection of any driveway with any street. Nothing contained herein shall be construed to prohibit silt fencing during construction of a dwelling on a Lot.
Section 6. Recreational Equipment. Recreational and playground equipment shall not be placed on a Lot without prior written permission of the Architectural Control Committee.
Section 7. Leases. Any Owner of a Lot may lease his Lot, but only in strict compliance with this paragraph. This paragraph shall not apply, except for the requirement of compliance with applicable zoning ordinances, to any individual Lot until it is first conveyed to an Owner by the Declarant, nor to any Lot owned by a former first mortgagee or secondary purchase money mortgagee in possession of a Lot following default. All leases shall be for only those purposes permitted under applicable zoning ordinances, and shall be subject to the terms and conditions of this Declaration, the Association's Articles of Incorporation and Bylaws, and the rules and regulations of the Association. The rules and regulations adopted by the Board of Directors with respect to leasing may provide for a reasonable limitation on the number of occupants of a Lot. All leases shall be in writing. The Owner of a Lot shall provide a copy of the written leases to the Association and shall provide the lessee with copies of the Declaration, By-Laws and rules and regulations, as each may be amended. All leases by a Lot Owner shall be for a term of at least twelve (12) months. No lease shall be of less than the entire Lot. The term "lease" shall include all leases, rental agreements and other agreements for occupancy.
Section 8. Pets and Horses. No animals or birds, other than a reasonable number or generally recognized house pets, shall be kept or maintained on any portion of the Property and then only if they are kept or maintained solely as domestic pets and not for commercial purposes. The Owner of a Lot consisting of three (3) acres or more shall be permitted to maintain up to one (1) horse for every two (2) acres of such Lot. No horse, animal or bird shall be allowed to make an unreasonable amount of noise, or to become a nuisance. No structure for the care, housing or confinement of any animal or bird shall be constructed or maintained on the Property; provided, however, that, subject to the prior written approval of the Architectural Control Committee, an
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Owner may maintain one structure per Lot for the housing of a dog so long as the structure is located on the rear of the Lot and is not visible from the street on which the Lot fronts; and subject to the prior written approval of the Architectural Control Committee, those Lot Owners who are permitted to maintain a horse(s) on their Lot, shall be permitted to construct a stable or other facility or facilities utilized in the care of a horse. All such dog or horse structures shall be painted or stained in a color scheme which matches that of the house on the Lot and shall be no larger than a reasonable size as determined by the Board of Directors. No dog runs shall be permitted on any Lot. Pets shall be under leash, lead or bridle, when walked, ridden or exercised on any unfenced area. Upon the written request of any Owner of a Lot, the Board of Directors of the Association shall conclusively determine whether, in its sole and absolute discretion for the purposes of this Section, a particular horse, animal or bird is a generally recognized house pet or appropriate horse, or a nuisance, or whether the number of animals or birds on any Lot is unreasonable; provided, however, that no such determination shall be made by the Board of Directors unless given an opportunity to appear before the Board of Directors for a hearing after reasonable notice of such hearing.
Section 9. Parking, Motor Vehicles and Trailers. An Owner's automobiles shall be parked only in enclosed garages or upon those portions of the Property or the Lot designated for such purpose by the Plat or as approved by the Board of Directors. In addition to the garage, an Owner shall at all times maintain off street parking on their Lot for at least two (2) vehicles. Any use or modification of a garage, including but not limited to, establishing a workshop in the garage or using it for household storage, which precludes or limits the use or capacity of the garage for the storage of two (2) vehicles, is prohibited. The Board of Directors may prohibit mobile homes, motor homes, motorized bicycles, motorized go-carts, motorized boats and other such contrivances, or any of them, from being kept, placed, stored, maintained or operated for any period exceeding forty-eight (48) consecutive hours upon any portion of the Property other than in a Lot Owner's closed garage (or horse trailers in an enclosed garage, stable or outbuilding approved by the Association) if, in the opinion of the Board of Directors, such prohibition shall be in the best interests of the Association and it members. Except with the prior written approval of the Architectural Control Committee and except for purposes of pick-up or delivery, no truck exceeding 3/4 ton pickup style shall be permitted on the Property. No all terrain vehicles or gocarts may be operated within the subdivision. No golf carts may be operated by individuals under sixteen (16) years of age. No motorcycles may be operated within the subdivision except by a licensed adult and only on paved roadways and driveways.
Section 10. Signs. Except as may be required for legal proceedings or as provided for elsewhere in this Declaration, no "For Sale" signs or other signs or advertising posters of any kind shall be maintained or permitted on any Lot unless prior written approval is obtained from the Association or the Architectural Control Committee or unless said sign conforms to the following standards: A builder in the process of constructing improvements on a Lot or an Owner seeking to sell a Lot may display one sign on the Lot owned, provided it is professionally lettered and measures no more than four (4) square feet. No approval shall be given to any Lot Owner for erecting or maintaining a For Rent" sign of any kind, except to mortgagees who are Lot Owners as a result of foreclosure proceedings.
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Section 11. Mailboxes and Columns. The mailbox, stone columns and any remaining road fencing shall be supplied by Builder for each Lot on which a house is constructed. No changes or additions shall be made to the original mailbox or columns, or their designs, materials or location, without obtaining prior written approval of the Architectural Control Committee pursuant to the terms of this Declaration.
Section 12. Building and Mechanical Equipment Locations. Prior to construction of any building, the proposed location of such building to be erected on a Lot shall be approved in writing by the Architectural Control Committee as provided in Article VII of this Declaration. Mechanical equipment (other than heating or air conditioning equipment), shall be installed only within the main dwelling or buried. Heating and air conditioning equipment shall be installed in such location as will, to the maximum extent possible, not be readily visible to the view of neighboring Lots, streets and property located adjacent to the Subdivision.
Section 13. Landscaping. Landscaping of Lots is subject to the terms of Article VII, Section 3 below. Prior to commencement of the planting and installation of any landscaping on a Lot, the Owner of the Lot shall submit a plan for such landscaping to the Architectural Control Committee for approval in accordance with Article VII of this Declaration, said approval not to be unreasonably withheld provided the plan for any portion of the Lot visible from any road or adjoining Lot is substantially compliant with the landscaping of other Lots with dwellings in the Subdivision.
Section 14. Dwelling Size and Quality. All dwellings shall be of the quality of workmanship and materials, and of minimum size, the area of the main structure to be constructed in Section One (THE ESTATES AT OLD FARM), exclusive of one story open porches and garages, shall be not less than thirty-eight hundred (3,800) square feet, and the are of the main structure to be constructed in Section Two (OLD FARM), shall not be less than twenty-eight hundred (2,800) square feet. All dwellings must be erected in conformity with Oconee County regulations concerning minimum standards.
Section 15. Miscellaneous. No exterior clotheslines shall be permitted on a Lot. No window air conditioning units shall be installed in any dwelling or improvements on a Lot. Television antennas may be installed only on the rear of any dwelling provided said antennas do not extend above the ridge line of the residence. No free standing antennas for the sending or receiving or radio or television signals shall be erected on maintained on any Lot. No satellite dish more than twenty-four (24) inches in diameter shall be permitted on any Lot and such permitted satellite dish shall be placed in a location previously approved by the ACC. No exterior fires whatsoever, except barbecue fires contained in the proper receptacles therefor, or other fires specifically permitted in writing by the Board, shall be permitted. All garbage cans, woodpiles, etc. shall be located or screened so as to be concealed from view of neighboring Lots, streets and property located adjacent to the Subdivision. All rubbish, trash, and garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon.
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ARTICLE IV. ASSOCIATION: POWERS & DUTIES
Section 1. Purposes, General Powers and Duties of the Association. The Association shall be formed as a not-for-profit corporation for the sole purpose of performing certain functions for the common good and general welfare of the Owners, including the Declarant as Owner of Lots. The Association shall have no power or duty to do or perform any act or thing other than those acts To the extent necessary to carry out such purposes, the Association shall have (1) all of the powers of a corporation organized under the Georgia Non-Profit Corporation Code and (ii) the power and duty to exercise all of the rights, powers and privileges and to perform all of the duties and obligations of the Association as set forth in this Declaration and O.C.G.A. §44-3-200, et seq. The Association shall not be liable for injury to Person or property, whether occurring on the Common Area (or any lake, pond or stream located on the Property) or not, caused by the conduct of the Owner of any Lot or such Owner's family, tenant, invitee or licensee.
Section 2. The Common Area. Subject to the rights of the Owners set forth in this Declaration, the Association shall be responsible for the exclusive management and control of the Common Area and all improvements thereon, including all roads, curbs and other paved surfaces, signs and fences, and shall keep the same in good, clean, safe, attractive and sanitary condition, order and repair, including but not limited to vegetation control.. The Association shall not be liable for injury to Person or property caused by the elements or by a leak or flow of water from any utility conduit or rain, snow or ice, whether or not any such flow or leak originates from the Common Area. The Association shall not be liable for loss or damage to any property, by theft or otherwise, which is placed or stored anywhere on the Common Area.
Section 3. Lots. Maintenance of utility lines and conduits from the point such line is tapped herein provided, each Owner shall have the sole responsibility for maintaining and repairing such Owner's Lot and the improvements located thereon and shall keep the Lot and structure located thereon in a neat, clean, attractive and sanitary condition.
Section 4. Services. The Association may obtain and pay for the services of any person or entity to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper operation of the Property, whether such personnel are furnished or employed directly by the Association or by any person or entity with whom or which it contracts. The Association may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the Property or the enforcement of this Declaration. The Association may arrange with others to furnish water, trash collection, sewer service and other common services to each Lot. The Association may also maintain on the Common Area signs as may be deemed necessary to identify the Property.
Section 5. Rules, Regulations and Fines. The Association may make reasonable Rules and Regulations governing the use of the Lots and the Common Area, which Rules and Regulations
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shall be consistent with the rights and duties established by this Declaration. The Association may impose such reasonable fines (not in excess of $25 per day per violation) for violation of the Rules and Regulations as are determined by the Board of Directors of the Association. Any such fine shall be deemed a special assessment under Article VI of this Declaration and shall be added to and become a part of the assessment to which the Lot is subject.
Section 6. Failure to Maintain Lot. If Owner shall fail to maintain its Lot, or any improvement constructed thereon, in the manner required by this Declaration, then the Association, after approval by a two-thirds vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said Lot and to perform any maintenance, restoration, or repairs necessary to meet the standards and requirements imposed by this Declaration. The cost of such repair, maintenance or restoration shall be added to and become a part of the assessment to which such Lot is subject.
Section 7. Implied Rights. The Association may exercise any other right or privilege given to it expressly by this Declaration or by law, and every other right or privilege reasonable to be implied from the existence of any right, privilege, or duty created herein or reasonably necessary to affect any such right, privilege or duty.
Section 8. Limitation of Powers. Notwithstanding anything in this Declaration to the contrary, the Association shall not have the power to convey any interest in the Common Area whether by deed, easement (other than general utility easements not materially affecting the use of the Common Area or any Lot), license, mortgage, deed to secure debt, lease or otherwise, except for such limited purposes as may be set out elsewhere in this Declaration, without the advance written consent of two-thirds (2/3) of all Owners and the advance written consent of two-thirds (2/3) of all first mortgagees of the individual Lots.
Section 9. Indemnification. The Association shall indemnify every officer, director, and committee member, including members of the committees established under Article IX, against all damages and expenses, including attorneys' fees, reasonably incurred in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer, director, or committee member, except that such obligation to indemnify shall be limited to those actions for which liability is limited under this Section and Georgia law.
The officers, directors, and committee members 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 or action taken in good faith on behalf of the Association (except to the extent that such officers or directors may also by Members of the Association). The Association shall indemnify and forever hold each such officer, director and committee member harmless from any and all liability to others on account of any such contract, commitment or action. This right to indemnification shall not be exclusive of any other rights to
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which any present or former officer, director, or committee member may be entitled. The Association shall as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available.
Section 10. Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Properties designed to make the Properties safer than they otherwise might be. Neither the Association, nor the Declarant shall in any way be considered insurers or guarantors of security within the Properties, nor shall any of them be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. No representation or warranty is made that: (i) any fire protection system, burglar alarm system or other security system or measures cannot be compromised or circumvented; or (ii) that any such system or security measures undertaken will in all cases prevent loss or provide the detection or protection for which the system is designated or intended. Each Owner acknowledges, understands and covenants to inform its tenants and all occupants of its Lot that the Association, its Board of Directors and committees, the Declarant and any successor Declarant are not insurers and that each Person using the Properties assumes all risks of personal injury and loss or damage to property, including Lots and the contents of Lots, resulting from acts of third parties.
Section 11. Utility Lines. Each Owner, occupant, guest, and invitee acknowledges that neither the Association, the Board nor the Declarant, shall in any way be considered insurers or guarantors of health within the Property and neither the Association, the Board, nor Declarant shall be held liable for any personal injury, illness or any other loss or damage caused by the presence or malfunction of utility lines or utility sub-stations adjacent to, near, over, or on the Property. Each Owner, occupant, guest, and invitee assumes all risk of personal injury, illness or other loss or damage arising from the presence of utility lines or utility sub-stations and further acknowledges that neither the Declarant nor the Association have made any representation or warranties, nor has any Owner, occupant, guest or invitee relied upon any representations or warranties, expressed or implied, relative to the condition or impact of utility lines or utility sub-stations.
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ARTICLE V. ASSOCIATION: MEMBERSHIP & VOTING RIGHTS
Section 1. Membership. Every Owner, including the Declarant, shall be a member of the Association by virtue of ownership of a Lot. There shall be only one membership, and one vote per Lot with each vote being equally weighted. If title to a Lot is held by more than one Person, each of such Persons shall have an equal percentage interest in the membership assigned to the Lot. Each such membership shall be appurtenant to the Lot upon which it is based and shall be transferred automatically by conveyance of that Lot. No person or entity other than an Owner or the Declarant may be a member of the Association, and a membership in the Association may not be transferred except in connection with the transfer of title to a Lot; provided, however, that the rights or voting may, if required by a mortgagee, be assigned by an Owner to such mortgagee as further security for a loan secured by a Lot. If more than one person holds an interest in any Lot, then the vote for such Lot shall be exercised as such persons among themselves determine, but in no event shall more than one vote be cast with respect to such Lot. If the co-Owners of any Lot cannot agree as to how a vote on a particular issue shall be counted; there can be no split vote. Notwithstanding the foregoing, any co-Owner of a Lot who purports to cast a vote for such Lot shall be conclusively deemed to be casting such vote on behalf of, and with the approval of, all of the co-Owners of such Lot unless another co-Owner objects before the final vote tally.
Section 2. Administration by Declarant. Notwithstanding any other provisions hereof, the Declarant shall have the right to appoint and remove any member or members of the Board of Directors of the Association and/or the Architectural Control Committee until the earliest of the following dates:
If the Declarant does not have an unexpired and unexercised option to add Additional Property to the Declaration, such date which is 30 days after 100% of the Lots have been conveyed to Owners other than a person or person constituting the Declarant; or
Such date as the Declarant files of record with the Clerk of the Superior Court, Oconce County, Georgia, an amendment to this Declaration waiving all further rights to appoint and remove any member or members of the Board of Directors.
During any time when Declarant has the right to appoint and remove the Board of Directors, Declarant shall have the right to appoint and remove any officer of the Association.
Section 3. Amplification. The provisions of this Article are to be amplified by the Articles of Incorporation of the Association and by the Bylaws of the Association; provided, however, that no such amplification shall substantially alter or amend any of the rights or obligations of the Owners set forth herein. In the event of any conflict between this Declaration and the Articles of Incorporation or the Bylaws, this Declaration shall control.
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ARTICLE VI. ASSESSMENTS
Section 1. Initiation Fee. In addition to Assessments, each Lot Owner other than Declarant and Builders shall pay at closing when they acquire a Lot, and any improvements thereon, a one time initiation fee in the amount of One Thousand and No/100 Dollars ($1,000.00). This provision applies to each subsequent Owner of a Lot as well as the initial Owner.
Section 2. Creation of the Lien and Personal Obligation of Assessments.
Each Owner of any Lot, other than a Builder (except as provided in subsection (b) below) or the Declarant, shall pay the following sums to the Association: (i) annual assessments or charges; (i1) special assessments against all of the Lots for the purposes hereinafter described, such assessments to be established and collected as hereinafter provided; and (iii) special assessments against any particular Lot or Lots which are authorized and established pursuant to the terms of this Declaration. All such assessments, together with interest, costs and reasonable attorney's fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. The personal obligation for a delinquent assessment shall not pass to said Owner's successors in title to such Lot unless expressly assumed by them or unless a notice of lien had been filed prior to the date of transfer, but the lien against such Lot shall not be extinguished by any transfer of title. Every Owner of a Lot, by acceptance of a deed therefor, is deemed to covenant and agree to pay assessments as set forth in this Section 2, whether or not such covenant and agreement be expressed in such deed.
b. Each Builder shall be exempt from paying Assessments under subsection (a) of this Section for any Lot or Lots owner by Builder until twenty-four (24) months after the date Builder acquires such Lot. Such exemption is not transferable by the Builder to any third party including a subsequent purchaser intending to build on a Lot. However, if Builder or any other Person moves into any dwelling constructed on a Lot while the Lot is still owned by the Builder, or Builder or such Person otherwise occupies, resides, dwells, leases or inhabits a Lot will still owned by Builder, Builder shall be liable for the payment of Assessments pursuant to subsection (a) above beginning on the date of such occurrence and continuing. through such period of occupancy.
c. The Declarant shall be exempt from paying regular assessments under subsection (a) of this
Section on any Lot owned by the Declarant until such Lot is occupied for residential purposes. This exemption shall not pass to any Owner unless said Owner falls within the definition of Declarant provided in this Declaration. During the period of exemption for any Lots submitted to this Declaration and owned by the Declarant, the Declarant shall be responsible for payment of an amount which is equal to the difference between the amount
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of regular assessments levied against other Lots (exclusive of the portion of such assessment which is designated by the Association's budget as being allocated for Reserves) and the actual operating expenses of the Association. These sums due by the Declarant shall be treated as assessments against the Lots owned by the Declarant, and shall be enforceable and collectable in the same manner as assessments against any other Lot Owner. The period of exemption for any Lots owned by the Declarant shall cease as to any particular Lot upon the earlier of (i) as to an individual Lot, the occupancy of the Lot for residential purposes, (ii) as to all Lots owned by the Declarant, the delivery of written notice to the Association of the Declarant's election to terminate the exemption period, or (iii) as to all Lots owned by the Declarant, the date upon which a judgment becomes final which awards to the Association any sums past due for assessments due by the Declarant under the terms of this paragraph.
Section 3. Purpose and Categories of Assessments. The initiation fees and assessments levied by the Association shall be used exclusively to promote the recreation, and general weltare of the residents in the Property, to pay the cost of the improvements and maintenance of the Common Areas, including roads, streets and paved surfaces thereon and all fences and entry features located thereon, including management fees to others, to make such repairs as the Association may deed necessary, to pay ad valorem taxes, to pay any utility charges assessed against the Common Area and to pay insurance premiums as contemplated by Article IX hereof, and for such other related purposes as the Board of Directors may determine and any other charges authorized by O.C.G.A. . §44-3-200, et seq. .
Section 4. Annual Assessment. The annual assessments to be levied by the Association shall be determined as follows:
1) The initial annual assessments shall be established by the Board of Directors prior to the first conveyance of a Lot from the Declarant.
Within thirty (30) days prior to the date of each annual meeting of the Association, the Board of Directors shall cause to be prepared a budget for the maintenance and operation of the Common Areas for the succeeding fiscal year. The budget shall include compensation of any entity which is employed by the Board of Directors to perform the duties imposed upon the Association hereunder. The budget shall be based upon reasonable, good-faith estimates of the actual expenses of the Association for such year and shall include reasonable reserves for periodic, maintenance, repair and replacement which are the Association's responsibility. Based on this budget, the Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner. Unless the Board shall otherwise determine, the annual assessments shall be payable within thirty (30) days from the due date specified in the notice of annual assessment. The Association shall, upon request, and for a reasonable charge (not to exceed $25), furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specific Lot have been paid.
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If the annual budget established hereunder proves inadequate for such fiscal year, then the Board of Directors may, at any time within said fiscal year, levy a special assessment for the purpose of meeting the expenses of the Association.
iv) If the budget established hereunder for any fiscal year results in a surplus for such year, then the Board of Directors may credit such surplus to a reserve fund for maintenance and improvements of the Common Areas or make such other disposition of such surplus as the Board of Directors deems consistent with the obligations imposed on the Association hereunder. The Board shall take into consideration the existence and amount of such reserve fund when establishing the amount of assessments for succeeding fiscal years. Section 5. Special Assessments Against Specific Lots. Any expenses incurred by the Association which are occasioned by the conduct of an Owner of a Lot, his family, tenants, invitees or licensees, including reasonable attorneys' fees actually incurred in enforcing this Declaration, shall be specially assessed against such Lot; provided, however, that no such assessment may be made against any Lot after the Owner thereof has conveyed the Lot to a bona fide purchaser or after such Lot has been transferred in a manner which would, under Section 10 hereof, extinguish the lien for any outstanding assessments. Any expenses incurred by the Association benefiting fewer than all of the Lots or significantly disproportionately benefiting the Lots shall be assessed equitably among the Lots so benefited. The special assessments provided for in this Section shall be levied by the Board of Directors, and the amount and due date(s) of such special assessments so levied
Section 6. Special Assessments for Capital Improvements. In the addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of voting members of the Association who are voting in person or by proxy at a meeting duly called for that purpose, together with the vote of the Declarant should the Declarant be the original owner of any Lots at that time. The Board of Directors may make such special assessment payable in installments.
Section 7. Association Approval of Special Assessments. Written notice of any meeting called for the purpose of taking any action authorized under Section 5 shall be sent to all members not less than twenty one (21) days or more than thirty (30) days in advance of the meeting. At any than fifty percent (50%) of all the votes shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirements. No such subsequent meeting shall be held more than thirty (30) days following the preceding meeting.
Section 8. Payment of Annual Assessments. Except as otherwise provided in this Article, both annual and special assessments shall be equally assessed against all Lots. Notwithstanding the
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foregoing, this requirement of equal assessment shall not prevent disproportionate assessments against one or more of the Lots pursuant to specific provisions of this Declaration. Except as hereinafter set forth, the assessments provided for herein shall commence as to all Lots and subject to this Declaration on the date thirty (30) days after notice is sent by the Association to the Owner of each lot at the Lot address or such other address as furnished by the Owner to the Association; such notice may be addressed to "Owner" at the Lot address unless the Owner has provided to the Association a written notice of the name of the Owner. Failure to give proper notice to any Owner shall not postpone the commencement of assessments for any other Owner. The first annual budget shall be adjusted according to the number of months then remaining in the fiscal year.
Section 9. Lien for Assessments. All sums assessed to any Lot pursuant to this Article together with late charges and interest as provided herein shall be secured by a lien on such Lot in favor of the Association. To the extent permitted by law, such lien shall be superior to all other liens and encumbrances on such Lot, except only for:
Liens of ad valorem taxes for the Common Areas; and
A lien for all sums unpaid on a first mortgage or on any secondary purchase money mortgage, duly recorded in the public records of Oconee County, Georgia and all amounts advanced pursuant to any such mortgage and secured thereby in accordance with the terms of such instrument; and The lien of any secondary purchase money mortgage covering the lot, provided that neither the grantee nor any successor grantee on the mortgage is the seller of the Lot.
All other persons acquiring liens or encumbrances on any Lot after this Declaration shall have been recorded in said records shall be deemed to consent that such liens or encumbrances shall be inferior to any lien for assessments against such Lot which are less than thirty (30) days delinquent or for which a notice of lien has been recorded prior to such person's acquisition of such lien or encumbrance, as provided herein, whether or not such consent be specifically set forth in the instruments creating such liens or encumbrances.
The recording of this Declaration shall constitute record notice of the existence of the lien, and no further recordation of any claim of lien for assessments shall be required.
Section 10. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment or portion thereof not paid when due shall be delinquent. Any assessment or portion thereof which remains delinquent for more than ten (10) days shall bear a late charge in an amount as determined by the Board not in excess of the greater of $10.00 or ten (10%) percent of the amount past due Pursuant to and in compliance with O.C.G.A. . §44-3-232(c), the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose or otherwise enforce the lien against the Lot in any manner permitted by law. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common
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Area or the abandonment of his or her Lot. A suit to recover a money judgment for unpaid assessments hereunder shall be maintainable without foreclosing or waiving the lien securing the same. Upon default in the payment of any one or more installments of any assessment, the Board of Directors may accelerate the remaining installment payments and declare the entire balance of said assessment then due and payable in full.
Section 11. Extinguishment of Lien. Except as hereinafter provided, the sale or transfer of a Lot shall not affect the lien for unpaid assessments. The enforcement of any lien which is superior to the lien for assessments, as provided in Section 8 hereof, whether by sale under power or judicial sale or foreclosure, or the enforcement of any first mortgage or secondary purchase money mortgage by transfer in lieu of foreclosure, shall extinguish the lien for any special assessments and any installments of annual assessments which are inferior to such lien and which fell due prior to the date of such under power, foreclosure, or transter.
ARTICLE VIL. ARCHITECTURAL CONTROLS
Section 1. Approval Procedure. No buildings or improvements, exterior additions or alterations to any building or improvement on the Property, additional awnings, additional fences, additional outbuildings or other structures, or changes in existing fences, hedges, walls, walkways and other structures or landscape design shall be commenced, erected or maintained, as applicable, except such as are installed or approved by the Declarant in connection with the initial construction of the buildings and/or landscaping on the Property, until the plans and specifications showing the nature, kind, shape, height, materials, location, color and approximate cost of same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding buildings located on the Property by the Architectural Control Committee or by a representative or representatives designated by the Architectural Control Committee. No alterations may be made in approved plans or specifications without further approval by the Architectural Control Committee. No road or driveway shall be constructed or altered on any Lot without prior written approval of the Architectural Control Committee. No additional paving or landscaping of any kind shall be permitted without prior written approval of the Architectural Control Committee. In the event the Architectural Control Committee or its designated representative tails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, such approval will be deemed to have been given. If no application has been made to the Architectural Control Committee or their representatives, suit to enjoin or remove such additions, alterations or changes may be instituted at any time by the Association or by the Owner of any Lot. The members of the Architectural Control Committee or its designated representatives shall not be entitled to compensate themselves for services performed pursuant to this paragraph, but compensation may be allowed to independent professional advisors retained by the Board of Directors to assist the Architectural Control Committee. The costs of such permitted compensation shall be the responsibility of the Owner making the application, the amount shall be payable upon demand, and payment shall be condition precedent to any approval of submitted plans. The Architectural Control Committee may adopt Design Guidelines to be provided, upon request, to Lot Owners to assist with the approval process.
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Section 2. Architectural Control Committee. The Architectural Control Committee shall constitute a standing committee of the Association. The Committee shall consist of the Board of Directors unless the Board of Directors delegates to other Lot Owners the authority to serve on the Committee. The initial members of the Committee and the membership shall be appointed by the Board of Directors until the administration of the Association by the Declarant terminates pursuant to Article V, Section 2 of this Declaration. The Board may delegate such authority to individual Lot Owners by resolution, or the Board may call for a special election by the Association to select the Lot Owners to whom the authority shall be delegated. At all times, however, the chairperson of the Committee shall be a member of the Board of Directors.
Section 3. Landscaping. All landscaping shall conform to the following standards: Final landscaping plans for all initial construction shall be approved by the Architectural Control Committee before any dwelling is occupied. In all events within thirty (30) days after final inspection by the building inspector, all of the yard visible from the street must be planted and landscaped in accordance with approved plans, unless a delay is approved in writing by the Committee.
The Architectural Control Committee may publish rules regarding alterations to the initial landscaping of the portion of any Lot visible from any public or private road. In the absence of published rules relating to such alterations, all changes from the initial landscaping of the portion of any Lot visible from any public or private road must be approved by the Committee as provided in this Article.
ARTICLE VIII. INSURANCE
Section 1. Scope of Insurance. The Board of Directors of the Association or its duly authorized agent shall obtain and maintain fire and extended coverage insurance for all insurable improvements located in the Common Area in an amount sufficient to cover the full replacement cost of such improvements in the event of damage or destruction from any insured peril. Unless a higher amount is approved by a majority of the Association membership at a special meeting duly called for such purpose, the deductible amount on such policy shall not exceed One Thousand and No/100 ($1,000.00) per occurrence or, if such a deductible is unavailable, the lowest available deductible amount in excess of One Thousand and No/100 Dollars ($1,000.00) per occurrence. The Board of Directors shall also obtain such public liability and property damage insurance in such amounts and in such forms as shall be determined by the Board of Directors of the Association, but not in amounts less than One Million and No/100 Dollars ($1,000,000.00) for injury, including death, arising out of a single occurrence, and Fifty Thousand and No/100 Dollars ($50,000.00) property damage, covering the Association, all agents and employees of the Association, all Lot Owners and other persons entitled to occupy any Lot and, to the extent obtainable, the Board of Directors and officers of the Association. If the Board is unable to obtain a liability policy providing coverage on a "per occurrence" basis, the Board may substitute therefore a liability policy providing an aggregate of One Million and No/100 Dollars ($1,000,000.00) coverage accompanied by an additional umbrella liability policy in an amount not less than One Million and No/100
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Dollars ($1,000,000.00). The Board of Directors shall obtain and maintain such worker's compensation insurance as may be required by law, directors and officers liability coverage, and such other insurance as it may from time to time deem appropriate. Premiums for all such insurance shall be an expense of the Association. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association. Such insurance shall be governed by the provisions contained in the By-Laws of the Association.
ARTICLE IX. STAGE DEVELOPMENT AND ANNEXATION
Section 1. Annexation of Additional Property. The Additional Property may, at any time and from time to time, be annexed by the Declarant and made subject to the governing provisions of this Declaration without the consent of the Owners of the Lots. The right to annex Additional Property shall expire twenty-four (24) months after the sale by Declarant of its last Lot.
Section 2. Legal Requirements. At any time or from time to time prior to the expiration of the right to annex Additional Property provided in Section 1 above, Declarant may submit all or any portion of the Additional Property to the provisions of this Declaration by an amendment to this Declaration, in recordable form, executed by the Declarant which shall be effective upon the date it is filed for record in Oconce County, Georgia.. From and after the date that the Additional Property is submitted by filing such an amendment, all of the provisions of this Declaration shall apply to the Additional Property submitted by such amendment, and all references herein to "the Property" shall thereafter include such portion of the Additional Property.
Section 3. Reallocation of Votes and Liability for Common Expenses. Upon the effective submission of any portion of the Additional Property pursuant to this Article, the votes in the Association and liability for the expenses for the Common Areas shall be reallocated, so that all Lots, including and Lots added by such submission, shall be allocated equal votes and equal liabilities for payment thereof.
ARTICLE X. GENERAL PROVISIONS
Section 1. Amendment. The covenants and restrictions of this Declaration shall run with the land and, except as otherwise provided in this Declaration, may be amended only upon approval of at least two-thirds (2/3) of the Owners other than the Declarant, by the Declarant if the Declarant is the Owner of any Lot or Lots or if the Declarant has an unexpired option to add the Additional Property to the Declaration, and, if such amendment materially affects the rights of mortgage holders, upon approval of two-thirds (2/3) of the first mortgagees of the individual Lots based upon one vote for each first mortgage owned. Any such amendment shall be executed by the President and Secretary of the Association and shall include a certificate that all of the foregoing requirements were met. So long as the Declarant owns any Lot, the Declarant may amend this Declaration without the consent of any Owner for any of the following purposes: (i) to add the Additional Property to the Declaration pursuant to Article IX hereof and, subject to the limitations contained therein; (ii) to comply with any requirement imposed by any institutional lender or by any government agency issuing or insuring mortgage loans for Lots within the Development; or (iii) to
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comply with any federal, state, or local statute or ordinance applicable to the Property. Any such amendment shall be executed by the Declarant and shall state the purpose thereof. Any amendment after execution as provided above shall become effective upon the date it is filed for record in Oconce County, Georgia.
Section 2. Enforcement. The Association and any Owner shall each have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or thereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. If the restrictions are enforced by appropriate proceedings by any Owner, such Owner may be reimbursed by the Association for all or any part of the cost incurred in the discretion of the Board of Directors of the Association. The Association shall be entitled to recover its costs of obtaining an order enforcing this Declaration from any Owner found by a court to be in violation of this Declaration.
Section 3. Duration. Any easements created hereby shall be perpetual and shall pass with title to the Property and the Additional Property. Except for such easements, the term of this Declaration shall be twenty (20) years, from the date on which the Declaration is filed for record in the Office of the Clerk of the Superior Court of Oconee County, Georgia, unless sooner terminated, and shall remain in effect and shall inure to the benefit of and be enforceable by any Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns. Upon the expiration of said twenty (20) year term, this Declaration shall be automatically extended, as permitted by the laws of the state of Georgia, for successive renewal periods of ten (10) years each, unless terminated as hereinafter provided. This Declaration may be terminated, renewed or extended, in whole or in part, if any agreement for termination, renewal or extension is signed by all Owners and first mortgage holders and filed in the public records of Oconee County, Georgia.
Section 4. Severability. Invalidation of any one of these covenants or restrictions or any other provision of this Declaration by judgment or court order shall in no way effect any other provisions which shall remain in full force and effect.
Section 5. No Liability. The Declarant has, using best efforts and all due diligence, prepared and recorded this Declaration so that each and every Owner shall have the right and power to enforce the terms and provisions of this Declaration against every other Owner and the Declarant shall have no liability for its failure to enforce any term hereof or provision.
Section 6. Litigation. Except as provided below, no judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by a vote of Members holding seventy-five percent (75%) of the total votes in the Association and the approval of the Declarant so long as the Declarant owns a portion of the Property or has the right to add additional property. This Section shall not apply, however, to (a) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens); (b) the imposition and collection of assessments as provided in Article VIII; (c) proceedings involving challenges to ad valorem taxation; (d) counterclaims brought by the Association in
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proceedings instituted against it; or (e) actions brought by the Association against any contractor, vendor, or supplier of goods or services arising out of a contract for services or supplies. This Section shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. This Section shall apply in addition to the provisions Article XTV, if applicable.
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IN WITNESS WHEREOF, the undersigned has caused this Declaration to be executed under seal the date first above written.
Signed, sealed and delivered OLD FARM GROUP, LLC, a Georgia in the presence of: limited liability company
By:
Unofficial Witness
Name: _
Member and Manager
[NOTARY SEAL] [COMPANY SEAL]
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EXHIBITạA"
[Submitted Property]
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EXHIBIT iB"
[Common Area Designation]
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EXHIBIT "C»
[Oconce Property]
Any other additional property now or in the future owned by Declarant in Oconee County, Georgia that is contiguous to the property described in Exhibit "A" above, or can be made contiguous by the submission of other additional property.
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