Covenants
Fine Ridge L.L.C.
555 Colonial Park Dr. Roswell, GA 30075
STATE OF GEORGIA
COUNTY OF OGLETHORPE
DECLARATION OF RESTRICTIVE COVENANTS FOR PINE BRANCH and PINE RIDGE SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS THAT Pine Ridge, L.L.C. as
owner/developers of the PINE RIDGE SUBDIVISION (hereinafter, owner"), does hereby declare, dedicate, and establish the following covenants and restrictions to be hereafter applicable to all conveyances of land lying and being partly in the 226 G.M., District of Oglethorpe County, Georgia, and partly in the 382° G.M., District of Madison County, Georgia, and being shown as Tract 1 containing 298.65 acres, more or less, according to a plat prepared for DelMar Company by James IV. Paul, R.L.S. No. 1530, dated April 18, 1984 and recorded in Plat Book 8, Page 217 in the Office of the Clerk of Superior Court Oglethorpe County, Georgia and recorded in Plat Book 21, Page 143 in the Office of the Clerk of Superior Court of Madison County, Georgia, which plat is incorporated herein by this reference for a more particular description. LASS AND EXCEPT: All that certain tract and parcel of land lying and being in Madison County, Georgia and being all of that portion of Tract 1 on said plat lying north of Beaverdam Creek and within Madison County, Georgia.
Also these covenants will apply to Pine Branch Subdivision, Lots 1 thru 8. Plat recorded in Plat Book A-315 Page 7 Oglethorpe County, Georgia
RESTRICTIONS
SAID COVENANTS AND RESTRICTIONS ARE SPECIFICALLY AS FOLLOWS:
1. ALL LOTS IN PINE BRANCH SUBDIVISION and PINE RIDGE SUBDIVISION ALREADY SUBDIVIDED AND ANY LOTS IN THE FUTURE WHICH MAY BE SUBDIVIDED WILL BE USED FOR RESIDENTIAL PURPOSES ONLY. No building shall be erected, placed, or permitted to remain on any tract other than one detached single family dwelling, except for garages and secondary structures (such as tool shed, bam, or greenhouse). No individual lot sold by owner and no platted lot on any subdivision plat for PINE BRANCH or PINE RIDGE recorded by owner or his assigns may be resubdivided (except by owner or his assigns prior to the initial conveyance thercof to an unrelated third party).
A. All structures erected must be completed within onc year from the date that structural work begins.
B. Advance written approval of the architectural plans for any house or building or other structure to be erected must be obtained from the Owner or his assigns, which approval shall not be unreasonably withheld if the plans call for a traditional structure that will harmonize aesthetically with the rest of the development and meet the specitic requirements herein contained.
No dwelling house constructed on any of said lots should in any manner be
occupied until it shall have been substantially completed to the standards of the OGLETHORPE County building authorities. The work of construction of any building or structure shall proceed with reasonable diligence continuously from the time of commencement until the same shall be fully completed.
D. All buildings erected must be maintained in good condition at all times. E. Secondary structures (such as tool shed, barn, or greenhouse) shall be placed to the rear of the dwelling. In no event shall any secondary structure be built or placed within the required front, side, or rear yard setbacks. Secondary structures shall not be used as either a temporary or permanent residence.
F. No residential structure on any lot shall be occupied until electricity has been connected and permanent water and septic-or-sewer
connections have been established and approved by the Health Department.
2. All dwelling houses shall have a minimum heated and cooled floor area of 1,400 square fect, exclusive of basements, porches and garages. All houses are required to have a minimum of seven (7) three-gallon evergreen shrubs placed in front of the home. All houses shall have a minimum of one (1) tree with a minimum fivc-gallon root base and placed in the front yard. All houscs shall be required to have Bermuda sod up to four (4) pallets in the front yard. If the front yard cannot be accommodated by the four pallets of sod then it must be seeded, strawed, and fertilized with the appropriate materials. The rear yard shall be seeded, fertilized, and strawed with the appropriate materials for optimum results for any space disturbed by construction.
3. No building shall be erected nearer to the front lot line than 70 fect, or nearer to rear lines than 20 feet, and no ncarer to sidelines than 20 feet. This restriction is subject to revision by and with the written consent of the Owner and their assigns where, by reason of the contour of any particular lot, the building cost would be materially affected by strict compliance with such building line requirements, or where, by reason of such contours, the appearance of the development would be adversely affected.
4. All homes shall have a one (1) year builder warranty that must be signed at the purchase of each new home.
5. No fence or wall shall be erected on the front or side starting from the rear of any home all the way to the front property pins of any lot. Homeowners may erect a fence starting with the back corner of their home and encumbering the back yard which would include the side yard but only from the back comer of the house, however, provided the rear of the house is not totally exposed to on going traffic thru the said subdivision. If the rear yard is exposed to thru traffic then lot owner must get written permission from the owner or home-owners association on location of fence. It is expressly provided that any metal, steel, or galvanized fences, whether or not slatted or with plastic strips, which is commonly refcrred to as Chain Link, Cyclone fence, Rio Grande fence or the like, shall not be permitted, unless they are black in color. Developer shall be allowed to use
certain plastic decorative fences for the entrance and common areas.
6. On those lots having a drainage ditch, or ditches, either natural or man-made, said ditch shall not be altered, covered, or diverted so as to cause damage to an adjoining lot. Such ditch, or ditches may, however, be enclosed with culvert pipe of size, capacity and installation approved by the city county engineer provided that such enclosure does not increase the volume of water normally flowing in said ditch or ditches, or so
concentrate such flow of water as to cause damage to any property owner or owners within the subdivision.
7. No sign of any kind shall be displayed to the public view on any lot except one sign not more than six (6) square feet in area advertising the lot and/or home for salc and/or a sign with similar limitations for temporary use by builder to advertise the property during the construction and sales period. This restriction shall not prevent the use of ornamental markers bearing the name and address of the occupants of each lot.
8. No "dish"-type antenna or other apparatus for receiving television or radio transmission shall be crected or maintained upon any subdivision lot, unless it can be located on the house or around the house with minimum exposure to the public and the Jocation of which has been approved by the Owner.
9. The Owner reserves for itself and for its successors and successors-in-title an easement for access, ingress and egress to and from and over any property as shown on the recorded plat of survey of the subdivision to install, service, replace, maintain, repair, and improve any of the easements shown on or established by such plat of survey of the subdivision. Mutual reciprocal easements for access are hereby reserved for the benefit of cach lot or dwelling unit across any other lot or dwelling unit as may be necessary for the control, maintenance and repair of any utility, water and storm water lines, structures or facilities affecting or crossing any lot or dwelling unit.
10. The Owner reserves for itself and OGLETHORPE County, or any municipality or political subdivision as may have jurisdiction thereof the right, title and privilege of a general casement, which shall be perpetual, alienable and assignable, to go in and on the property with men and women and their equipment to maintain and repair in a proper workman like manner the water drainage ditches, including trenching and installation of pipes, sewer, and other equipment and structures necessary or convenient thereof. This • reservation shall not be considered an obligation of the developer to provide or maintain any such utilities or services.
11. No shelter of a temporary or permanent character, such as a travel trailer, basement, tent, shack, garage or barn shall be used on any lot any time as a residence, either temporary or permanent. The bulider/developer; however, may use a temporary sales and construction trailer provided they keep it well maintained.
12. No structure can be rented separate from the main dwelling.
13. No fuel tanks or storage receptacles, including garbage and trash, or bikes, toys,
boats, motorcycles, ATV vehicles, etc. shall be exposed to public view, they shall be stored in the garage or in a storage unit that is approved by the owners or the land owners association which will be located out of public view. These shall either be located or kept in an accessory building, underground, or surrounded by special foliage or the owners or the association must approve the fencing. Cars, pick up trucks, boats must be parked in the garage, however, if the house only has one garage the owner shall be allowed to park only on their designated paved driveway and shall not be
14. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot and no structures for their housing and accommodation shall be erected or maintained thereon, unless the Owner gives special written consent. Dogs and cats or other household pets may be kept provided they do not exceed (2) in total and are not kept, bred or maintained for any commercial purposes unless they can be done from the confines of the interior of the persons home and does not cause a nuisance. No pet shall be allowed to roam to other persons' property or to make a nuisance of itself in any way including excessive barking or creating any danger to anyone, otherwise the animal control will be contacted and the animals will be removed at the owner's expense. 15. No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. ABSOLUTELY no shooting of guns of any kind on anyone's lot or common property of this development. ABSOLUTELY no riding of dirt bikes, or ATV vehicles, go carts, etc. on anyone's else's lot or any of the roads or common grounds of this development. No unlicensed or junk cars, equipment, or similar vehicles shall be permitted to remain on any tract unless said vehicles or equipment are completely enclosed in an outbuilding or garage. No tractor-trailer of any kind or commercial work vehicles shall be permitted to be parked on the street, in the driveway, or on any common ground of any home. Any inconspicuous work vehicle other than a tractor trailer or their cabs can submit to the board of the land owners association requesting in writing at their discretion permission for specific said vehicle to be parked in their
16. All houses and buildings exteriors must be kept in good condition with necessary repairs, painting, and the like. Yards must be maintained and landscaped in a neat and proper manner and kept free of junk and unsightly debris at all times. Any fences must be kept in good repair and good condition at all times. All grassy areas must be mowed on a regular basis and underbrush area must be cut and managed so all yards
17. All driveways shall be finished with brick, asphalt, or concrete unless written approved is obtained in writing by the developer or association.
18. The Declaring, as Owner, its successors and assigns, or any lot owner, may proceed at law or in equity to prevent the occurrence or continuation of any violation of these covenants and restrictions.
ENFORCEMENT
19. Enforcement of these restrictions shall be by proceedings at law or in equity against any person or persons violating or allempting to violate any covenant -- or as provided in Section 21 below. Such legal action may be one to restrain a violation, to seek specific performance, or to recover damages, inter alias. All remedies shall be cumulative and any waiver or a breach of any covenants or restrictions hereunder shall be construed as a continuing waiver.
20. These restrictions and covenants are to run with the land and shall be personally binding on all grantees/vendees and their successors and assigns so long as they are the owner or purchaser of a lot within the Subdivision for a period of 30 years from the date these covenants and restrictions are recorded, and shall automatically extend another 20 years, unless an instrument extending or modifying the same is theretofore signed by 75% of the then owners of the lots and duly recorded in the OGLETHORPE County Deed Records; provided that said restrictions and covenants cannot be modified without Owner's written permission so long as it owns legal title to any lots within the
21. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect.
22. All graatees/vendees, upon the conveyance by deed of their respective lots or execution of their land contracts, shall automatically become members of an ad hoc nonprofit general partnership, to be known as the Pine Ridge Land Owners Association and Pinc Branch Land Owners Association (hereinafter, the "Association"), and shall remain so for as long as they are the owner or purchaser of a lot within the Subdivision. The Association shall exist for the exclusive and limited purpose of managing, maintaining, and administering all matter pertaining to the common interests, expenses, and
obligations of the grantecs/vendees as owners and purchasers of lots within the
subdivision, including enforcement of the above covenants and restrictions, maintenance of any common entrance area after it is conveyed by the Owner to the Association, and eventual succession to the administrative responsibilities of the Owner hercunder (as
From and after the formation of the Pine Ridge Land Owners Association it shall have responsibility for the enforcement of these covenants and restrictions for both Pine Branch and Pine Ridge so far as they benefit grantee/vendees and - after any initial construction by Owner of any common entrance and conveyance of the same to the Association - it shall have responsibility for the continued maintenance (the continuation of seeding lining, and grassing, mowing), repair and rebuilding of all shoulders and for the general upkeep of other common amenities and pursuit of common neighborhood concerns within the Subdivision ( such as planting trees along the roads and right-of-way, removing debris from their any vacant lots within the Subdivision, weed, pest, and insect control, etc.)
b. Decision-making authority for the Association shall be vested in a Management Committee comprised of an elected President, Vice President, and Secretary-Treasurer. Votes will be comprised of one (1) vote for one (1)-authorized representative for cach of the lots that has been conveyed by deed or contract. Like-wise the owner shall be entitled to two (2) votes for each lot owned by the owner/developer as shown on any current recorded subdivision plat or plats.
The Management Committee shall meet at least once a year or more often upon written notice from any member. A quorum shall consist of 50% representation of all the members of the Committee. All decisions as to necessary expenses for any maintenancc, repait, and rebuilding of any common entrance to Pine Ridge and Pine Branch the roads, and rightsof-way, etc. and for the enforcement of the grantees/vendees interest under these covenants and restrictions (including the cost of abating any violation of these covenants and restrictions and attoreys fees) shall be made by a majority vote of the quorum of the Management Committee; and by a like vote the Management Committec shall have the right to levy equal assessments against the respective grantees/ vendees in the amount deemed necessary to cover the cost of any such necessary expenses, but not to exceed more than ONE HUNDRED AND TWENTY (120.00) dollars a year per lot unless such an assessment is ratified by a vote of at least fifty one (51%) of the actual membership of association. The association dues will begin with a two hundred dollar ($200.00) origination fee plus their pro-rata share of the one hundred and twenty ($ 120.00) association dues at the time of original closing for each home in Pine Ridge and Pinc Branch and will be added to the closing cost and be payable to " Pine Ridge" Land Owners association and deposited into their specific account. The home owners will be responsible for diligently paying each years association dues at the end of each fiscal quarter (fiscal
d. Moreover, in the event any such expense is necessitated by the willful or negligent act of a particular grantee/vendee or his invites, licensces, or assigns or by the breach of his obligations hereunder, said grantee/vendee shall have thirty days from receipt of notice from the Managing Committee to complete all such necessary repairs or to fulfill any other affiomative perfomance or abatement obligations hereunder. In the event said repairs or covenant obligations are not completed or fulfilled by the grantee/vendee's sole cost and expense and assess him for it as a special assessment. (If necessary, the Management Committee may assess the other grantees/ vendees in order to accomplish said repair or performance or abatement in the first instance, provided they will be entited to reimbursement if and when the special assessment is collected). e. If any assessment (including special assessments) is not paid when due, the unpaid assessment, together with court cost, reasonable attorney fees,
and the late charge, interest prescribed below, shall be secured by an equitable charge and continuing lien on such grantee/vendee's lot (s) in favor of the other grantees/ vendees zepresented by the Management Any successor or assign of a grantee/vendee member of the Association shall, by accepting title to or a vended's interest under a contract fox any lot, agree that he will be personally liable for any such assessments falling due thercafter while he holds title to or the vendee's interest in the lot. Any assessment or any portion thereof not paid when due shall incur a late charge of $40. The continuing lien of such assessment shall include the late charge and interest on the principal amount due at the maximum lawful rate allowable in the State of Georgia (not to exceed 18% per annum) and the orber amounts previously indicated. If the assessment remains unpaid after 60 calendar days from the original due date, the Management Committee may insutute suit on behalf of the other owners to collect such amounts and to foreclose their lien. The other owners through the Management Committee shall have the power to bid on the delinquent owner's property at any forcclosure sale and to acquire, hoid, h. While the Owner retains a legal or equitable interest in any lots) within the Subdivision. it shall be Privileged to help organize the Management Committee, to receive notice of and attend all meetings of the
Association and the Management Committee, and to call a meeting of the Management Committee if one has not been held within the last six-
23. So long as it retains any legal or equitable interest in any lots) within the
Subdivision, the Owner shall independently enjoy the same enforcement rights against defaulting grantees/vendees as are conferred on the Association under Section 21 above, including without limitation the right to enter upon the lot of the defaulting party and cure any default and to have an equitable lien against said lot to secure payments of all the expenses of such cure, including attorneys fees.
24. These covenants and restrictions are intended to benefit and to be enforceable at law and in equity by the Owner (so long as it retains any legal or equitable interest in any lots) within the Subdivision and by the individual grantees/vendees and the Pine Ridge Owners Association; provided that the Owner may at any time delegate to the Pine Ridge Owners Association all or part of its prerogative hereunder to grant various permissions to individual grantees/vendees and shall be deemed to have done so totally and permanently at such time as it no longer retains any legal or equitable interest in any lots) within the Subdivision, if it had not done so earlier.
25. Upon the sale of fifty percent (50%) of all homes in Subdivision, homeowners agree to conduct a formal meeting and elect officers in order to claim responsibility and become responsible for expenses of upkeep and maintenance of the entire subdivision, covenants, and all other duties to maintain development.
this 0 for ey he mes here as sed a dis stumen
OWNER
INE RIDGE SUBDIVISIOI
Jams I Ente 9 nes L. Frith, Jr. (Member)
Pine Ridge, L.I.C.
OWNER
PINE BRANCH SUBDIVISION gay that, sha. 35
Jay Hitt des I.. Frith, J
If on Busti Denist Parth
Bonnic A. Frith
gay Dong
Lau CLOSE