Declaration
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00627 FILED IN CLERK'S OFFICE RUSSELL T. QUARTERMAN, P.C.
Attorneys and Counselors at Law 05 APR 25 PM 4:57 1671 Meriweather Drive, Suite 103
Bogart, Georgia 30622 198 127655 Tel: (706) 543-7777
Facsimite: (706) 543-1844źł 04250S rtqpc@negia.net
STATE OF GEORGIA
OCONEE COUNTY
DECLARATION OF RESTRICTIONS AND COVENANTS
ROWAN OAK
OCONEE COUNTY, GEORGIA
THIS DECLARATION, made on the date hereinafter set forth by RIC LAND DEVELOPMENT, INC., (hereinafter sometimes called "Declarant").
RECITALS:
WHEREAS, Declarant is the owner of real property located off of Rocky Branch Road in Oconee County, Georgia, consisting of 88.476 acres, more or less, as shown on that plat of survey dated January 14", 2005, entitled "Condominium Plat for: The Courtyard at Rowan Oak, Phase I", by Phillip D. Chastain, Georgia Registered Land Surveyor Number 2771, Sheets 1 & 2, said Plat having been recorded March 17th, 2005 in the Office of the Clerk of Superior Court for Oconee County, Georgia at Plat Book 35, Pages 248-249; and on a Plat of Survey dated March 17", 2005, entitled, *Final Plat For: Rowan Oak, sheets 1-3, by Woods and Chatain Surveyors, Inc., said Plat having been recorded in the Office of the Clerk of Superior Court for Oconee County, Georgia, at Plat Book 35, Pages 265 - 267.
WHEREAS, Declarant desires to submit portions of property described immediately above, known generally as the Rowan Oak Master Planned Development, to the provisions of this Declaration, and to avail said property of the provisions and benefits ofthe Georgia Property Owners' Association Act, said act being codified at O.C.G.A. §44-3-220, et seq.; and
NOW, THEREFORE, Declarant hereby submits all those Lots, the description of which are more specifically described in Exhibit "A", attached hereto and incorporated herein by reference, to this Declaration, including the improvements constructed or to be constructed thereon, and to 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") hereinafler 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 Act" shall mean the Georgia Property Owners Association Act, O.C.G.A. §443-220, et seq., as the same is or may be hereinafter amended.
B. 'Architectural Control Committee" shall mean and refer to The Architectural Control
Committee initially comprised of Robert J. Cain, and such other individuals or entities
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as Declarant may appoint and thereafter those persons selected by the Board of Directors in compliance with the provisions of this Declaration.
C. "Articles of Incorporation" shall mean the Articles of Incorporation of the
Association, as the same may be hereinafter amended.
D. "Association" shall mean and refer to the Rowan Oak Property Owner's Association,
Inc., a non-profit Georgia corporation, its successors and assigns.
E. "Board of Directors" shall mean the Board of Directors of the Association, the members of which shall be 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.
F. "Bv-Laws" shall mean the By-Laws of the Association, as the same may be hereinafter amended.
G. "Common Area" means 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.
H. "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.
"Community" shall mean and refer to that certain real property described in Exhibit 'Al attached hereto and any Additional Property hereinafter acquired that is adjacent to the real property described in Exhibit "A" as may be added by an amendment to this Declaration and thereby subjected thereto.
J. "Declarant" shall mean and refer to (i) RJC LAND DEVELOPMENT, INC., or (ii) any successor-in-title to the said party to all or some portion of the Community, provided such successor-in-title shall acquire such Community for the purpose of development or sale, and provided further, in the instrument of conveyance to any such successor-in-title such successor-in-title is expressly designated as the "Declarant" hereunder at the time of such conveyance; or (iii) should any of the Community become subject to a first mortgage given by "Declarant" as security for the repayment of a construction or development loan, then all the rights, privileges and options herein reserved to "Declarant" shall inure to the benefit of the holder of such mortgage upon its becoming the owner of all the Community then subject thereto through whatever means, or the purchaser of all such Community at a judicial or foreclosure sale made pursuant to any power of sale contained in such mortgage; and, further, all the rights, privileges and options herein reserved to "Declarant" may be transferred to the successor-in-title of any such acquirer of title to such Community provided any such successor-in-title shall acquire for the purpose of development or sale all or some portion of such Community, and provided further, in the instrument of conveyance to such successor-in-title, such successor-in-title is designated as the "Declarant hereunder. The privileges and options herein reserved to "Declarant" may be transferred to the successor-in-title of any such acquirer oftitle to such Community provided any such successor-in-title shall acquire for the purpose of development or sale all or some portion of such Community, and provided further, in the instrument of conveyance to such successor-in-title, such successor-in-title is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor of such conveyance shall be the "Declarant" hereunder at the time of such conveyance. In the event that persons specified in both (ii) and (iii) above become entitled to succeed to the interests of "Declarant as therein provided, then as between such persons, any person entitled to be "Declarant" by virtue of (iii) above shall be "Declarant" instead of any person entitled to be "Declarant" by virtue of (ii) above.
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K. "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 community.
L "Lot" shall mean any plot of land located within the submitted property which constitutes a single dwelling site designated on any plat of survey recorded in the Office of the Clerk of Superior Court of Oconee County, Georgia, as well as any building or any portion of any building located thereon which is intended for independent residential use. In addition, "Lot" shall include any residential Lot owned under the Condominium form of Ownership located withing the property submitted to this Declaration.
"Lot Owner" or "Owner" shall mean and refer to the record owner, whether one or more persons, of the fee simple title to any Lot located within the Community, excluding, however, any person holding such interest merely as security for the performance or satisfaction of any obligation.
N. "Mortgage" means any mortgage, deed to secure debt, security deed and any and all other similar instruments used for the purpose of conveying or encumbering real property as security for the payment or satisfaction of an obligation.
"Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust or other legal entity.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION AND DEVELOPMENT OF THE
PROPERTY
Section 1. Property Subject to Declaration. The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to this Declaration is the real property described as the Community in Article I hereof. The Community is particularly described in Exhibit "A" attached
Section 2. Storm Water Detention Facilities. The storm water detention facilities set forth on the plat of the subject property shall be conveyed to the Association and shall be maintained and insured by the Association as provided by the laws and regulations of Oconce County and the State of Georgia.
Section 3. Development Plan. As shown on the Plat, pursuant to a RM-2 Master Planned Development zoning designation for the subject property, The Rowan Oak development will consist of owner occupied single family detached, two family attached, two family semi-attached and townhouse (three or more units attached) homes. The development consists of two constituent neighborhoods; the northern half consists of sixty six (66) single family-attached and semi-attached homes under the condominium form of ownership, being known as The Courtyard at Rowan Oak and the southern half of the subject property consists of sixty four (64) single family detached Lots, as shown on the Plat. The entire development as described hereinabove shall be subject to the provisions of this Declaration, however, in addition to any rights, duties, restrictions, or other provisions of this Declaration, the northern portion of the development, which shall be owned under the Condominium form of Ownership, and subject to the Georgia Condomnium Act, shall also be subject to a Declaration of Condominium which shall be recorded in the records of the Office of the Clerk of Superior Court for Oconee County, Georgia prior to the conveyance of the first condominium unit in the Development and to other usual and customary condominium instruments as provided for under the laws of the state of Georgia. From time to time as additional property is developed within the Rowan Oak Development, additional property may be added under this Declaration by Amendment thereto.
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ARTICLE III
POWERS OF THE ASSOCIATION AND BOARD OF DIRECTORS
The powers of the Association and the Board of Directors shall be as set forth and shall be subject to the limitations and restrictions set forth in the Act, the Georgia Non-Profit Corporation Act, this Declaration, the Articles of Incorporation and the By-laws of the Association.
ARTICLE IV
ARCHITECTURAL CONTROL COMMITTEE
Section 1. Purpose, Powers and Duties ofthe Architectural Control Committee. The purpose of the Architectural Control Committee is (a) to administer and enforce the covenants and restrictions set forth in this Declaration; and (b) to assure the installation, construction or alteration of any structure on any Lot is submitted to the Architectural Control Committee for approval (i) as to whether the proposed installation, construction or alteration is in conformity and harmony of external design and general quality with the existing standards of the neighborhood and with the standards of the development of the Community; and (ii) as to the location of structures with respect to topography, finished ground elevation and surrounding structures.
Section 2. Selection of the Architectural Control Committee.
(a) Initial Architectural Control Committee. From the execution date of this Declaration until such time as the Declarant's right to submit the Additional Property to the provisions of this Declaration pursuant to Article II expires and all Lots have been fully developed, permanently improved, and sold to permanent residents, the Architectural Control Committee shall consist of Robert J. Cain, or such other entities or individuals, or a combination thereof, as the Declarant may select from time to time. Upon the sale by Declarant to an Owner of the last Lot and the construction and completion of a permanent residence thereof, the Declarant shall cease functioning as the Architectural Control Committee in all respects and a successor Architectural Control Committee shall be appointed by the Board of Directors. However, the Declarant may at any time prior thereof resign from the Architectural Control Committee, turning its functions over to the Board of Directors
Section 3. Mectings. The Architectural Control Committee shall hold such meetings as required or allowed for the Board of Directors by the By-Laws.
Section 4. Action of Members of Architectural Control Committee. Any member of the Architectural Control Committee may be authorized by the Architectaral Control Committee to exercise the full authority of the Architectural Control Committee with respect to all matters over which the Architectural Control Committee has authority as may be specified by resolution of the Architectural Control Committee. The action of such member with respect to the matters specified shall be final and binding upon the Architectural Control Committee and upon any applicant for an approval permit or authorization, subject, however, to review and modification by the Architectural Control Committee on its own motion or appeal by the applicant to the Architectural Control Committee as provided herein. Written notice of the decision of such member shall, within five (5) days thereof, be given to any applicant for an approval permit or authorization. The applicant may, within ten (10) days after receipt of notice of any decision which he deems to be unsatisfactory, file a written request to have the matter in question reviewed by the Architectural Control Committee. Upon the filing of any such request, the matter with respect to which request was filed shall be submitted to, and reviewed promptly by, the Architectural Control Committee, but in no event later than thirty (30) days after the filing of such request. The decision of a majority of the members of the Architectural Control Committee with respect to such matter shall be final and binding.
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ARTICLE V
BUILDING REQUIREMENTS
The following property rights and architectural restrictions shall apply to the property which is initially subjected to this Declaration.
Section 1. Subdivision of Lot. No Lot shall be subdivided, or its boundary lines changed, except with the prior written approval ofthe Architectural Control Committee. Declarant, however, until such time as the last Lot is sold by the Declarant to an owner, hereby expressly reserves the right to replat any two (2) or more Lots in order to create a modified residential Lot or Lots, and to take such other steps as reasonably may be necessary to make such replatted Lot or Lots suitable as a building site or sites. All of the covenants and restrictions set forth herein shall apply to each such Lot, if any, so created. Any such division, boundary line change or replatted Lot shall not be in violation of the applicable County subdivision and zoning regulations. Nothing contained herein in this section shall be intended to impede the rights of the Declarant in the creation, subdivision of, or subdivision of any Lot owned under the Condominium form of Ownership pursuant to the Declaration of Condominium for the Courtyard at Rowan Oak, Phase I, as Amended.
Section 2. Approvalof Plans. No residence, building, fence, wall, road, driveway, sidewalk, parking area, tennis court, swimming pool or other structure or improvement of any kind shall be erected, placed, altered, added to, modified, maintained or reconstructed on any Lot until the plans therefor, and for the proposed location thercof upon the Lot, shall have been approved in writing by the Architectural Control Committee. "Improvement" shall mean and include any improvement, change or modification of the appearance of a Lot from the state existing on the date of the conveyance of such Lot by Declarant to a Lot Owner. Before taking any action requiring approval under this Section, a Lot Owner shall submit to the Architectural Control Committee a construction schedule and two (2) complete sets of final plans and outline specifications, showing site plan (which site plan shall show driveways, patios, decks, accessory buildings, and all other components referenced in the first sentence of this Section), landscape layout, floor plans, exterior elevations and exterior materials, colors and finishes. Only Architectural/Dimensional shingles from a supplier approved by the Architectural Control Committee shall be used on any structure. Additionally, where applicable, all brick selection must be approved by the Architectural Control Committee. No changes or deviations in or from such plans and specifications as approved shall be made without the prior written approval by the Architectural Control Committee. No alteration in the exterior appearance of any building, structure or other improvement shall be made without like approval by the Architectural Control Committee. Further, before beginning any construction, the name of the builder must be submitted to the Architectural Control Committee and approval by the Architectural Control Committee as to builders experience and ability to build houses or other structures of the class and type of those which are to be built in the Community must be granted. The Architectural Control Committee shall act in accordance with Article IV, Section 4 upon receipt of such information to approve or disapprove the same. Neither the Architectural Control Committee, nor any person or party to whom the Architectural Control Committee shall assign such function, shall be responsible or liable in any way for the performance of any builder or for any defects in any plans or specifications approved in accordance with the foregoing, nor for any structural defects in any work done according to such plans and specifications. The Architectural Control Committee may refuse approval of plans, siting or specifications upon any ground, including purely aesthetic considerations, which in its sole discretion it shall deem sufficient. Approval of any one series of improvements hereunder shall not waive the Architectural Control Committee's rights to disapprove
Section 3. Access to Other Lots. No lot shall be used for access to other property without the express written permission of the Architectural Control Committee.
Section 4 Building Location. As to the homes to be constructed on the single family detached Lots, without the express written permission of the Architectural Control Committee, no building shall be erected on any Lot closer than 35 feet from the back of the curb for front lines, and the principal dwelling no closer than 10 feet from a side lot line, garage turn-arounds (side entry) must be a minium of 27 feet wide and at least 3 feet off of the property line and 20 feet from the rear lot line. Single family attached or semi-attached Units may be erected in accordance with the
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requirements of the Government of Oconee County, Georgia, subject to the Approval of the Architectural Control Committee. The Architectural Control Committee reserves the right to control solely and absolutely the precise site and location of any proposed house, attached or detached, dwelling, building, or other structure or improvement upon all Lots. Such location shall be determined, however, only after reasonable opportunity is afforded the Lot Owner to request a specific site. No improvements shall be placed or erected within any such building setback area required by the Architectural Control Committee or designated on plat of subdivision.
Section 5 Garages. Carports. should be side-entry if appropriate. Selected lots may require front-entry or courtyard garages and must have two single carriage doors with appropriate front elevation level of detail. Whenever a garage faces a street such as on a corner lot, two carriage doors are required with an appropriate front elevation level of detail. Side-entry garages should be appropriately detailed with brick or stucco jack arches and trimmed with 1x4 backband or with a ten inch wood pediment with 1x4 backband at the jambs. If a three-car garage is used, at least two doors should be side-entry. The third may face the street with one carriage door as described above.
Section 6 Attachment of Utilities, No permanent utility connections shall be made to any dwelling or other structure by any utility, public or private, until the Architectural Control
Committee has verified general compliance with these covenants and restrictions and with the plans and specifications therefor submitted pursuant to Section 2 above, and has approved said utility connections in writing. Each Lot, parcel of land, residence, building or other structure on said property, when required to be served by a utility, must be served by a water system and other utilities approved by the Architectural Control Committee.
Section 7 Other Building Requirements. The requirements set forth below are in no way to be construed as limiting the exercise of the Architectural Control Committee's discretion
pursuant to Sections 2 and 3 above:
(a) All single story single family detached Lots in the submitted property must contain a minimum of 3000 square feet of heated living space, excluding basements. All two-story single family detached dwellings in the submitted property must contain a total minimum of 2400
square feet of heated living space, excluding basements. Single family attached units in the
development shall meet the requirements of the Government of Oconee County, Georgia and shall have a total minimum of 2000 square feet of heated living space, excluding basements. Owners may request in writing to the Architectural Control Committee a waiver of this
requirement. The Architectural Control Committee may under reasonable circumstances grant such a request where the resulting appearance of the Lot is likely to preserve the overall
appearance, scheme, and design of the Community.
(b) Each residence and other structures shall be constructed only of materials, and in
colors, approved in writing by the Architectural Control Committee with the exterior of the
residences being brick, stucco, stacked rock or siding, as follows:
(i). Wall materials: All four elevations must be the same material; brick veneer, stone veneer, stucco, horizontal siding, board and batten or cedar shakes. All foundations must be brick or stone to first floor levels. Front elevations may have a mixture of these materials for
accent.
(ii). Horizontal siding must be trimmed with 5/4 corner board and 1x10 skirt
boards with a drip cap.
(iii). Openings in brick and stone walls shall be detailed with 12-inch arches,
soldier courses or wood pediments at the head, and, if they do not have shutters, surrounded with 1x4 backband.
(iv). Openings in stucco walls shall be detailed with 12-inch arches or wood
pediments at the head, and, if they do not have shutters, a 1x4 backband.
(v). Openings in horizontal siding walls shall be detailed with wood pediments at the head and shutters, or, if they do not have shutters, surrounded with 1x4 backband.
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(vi). Shutters must be 1/2 the window width and installed with hinges and shutter dogs. When windows are fitted with shutters, the jamb detail as noted above may be lessened.
(vii). Bays and projections: If over 12 inches, they must continue to grade. If less than 12 inches, they must be bracketed and detailed with an approved trim. Bays and projections must be roofed with copper or painted galvanized sheet metal.
(viii). Chimneys: Unless they terminate onto a rear deck, all chimneys must be taken to grade. Side and rear elevation chimncys on interior lots may be the wall material. All chimneys must be topped with a decorative painted metal shroud.
(IX). Front elevation trim:
(a) Fascia boards must be a minimum of 1x8.
(b) Frieze boards must be a minimum of 1x10 with 4 inch crown mold.
(c). Rake boards must be a minimum of 1x8 with 1-1/2" x 3-1/2" rake molding. (d). Windows should be double-hung or casement. Transoms and half-round
accent windows are encouraged. Street-facing windows not fitted with shutters should be
trimmed with the equivalent of 1x4 with backband.
(e). Window muttons, 7/8i, are required in all street-facing windows and must be painted to match the exterior color of the windows except in the case of grid-between-the-glass (GBG), although muttons are encouraged in all windows.
(f). Exterior window finishes may be either painted or vinyl clad.
(g). Storm window and screen frames must be finished the same color as the
windows.
(h). Doors must be painted or stained, paneled or full glass French. Side and rear doors may be paneled with the top half glass. Rear patio doors may be sliding wood and glass. Street-facing doors must be trimmed with the equivalent of 1x4 backband.
(i). Storm doors and frames must be finished the same color as the primary door. (j). Basement doors in side-elevations must be located as far to the rear as allowed by finish grade.
(i). Screening shall be anodized or electrostatically painted aluminum.
(k). Porches, front stoops and steps must be designed and detailed with materials to be compatible with the house.
(I). Decks must be to the rear of the house unless specifically approved otherwise by the Developer. Deck materials must be cedar, redwood, trex or equivalent, or pressure treated pine. On interior lots, deck supports shall be a minimum of 6x6 wood posts on corners with 4x6 wood posts on sides and rear. When a deck is exposed to an amenity area or backs up to any road or street, deck designs must be submitted and approved by the Developer. Such designs should include minimum 8x8 wood columns with base and cap details or 16x16 masonry columns. All such decks must have all vertical surfaces painted or stained to match the house trim or siding.
(m). Gutters shall be OG with rectangular downspouts or half-round with round downspouts. Finishes shall be either copper or painted metal.
(n). Mailboxes shall conform to the neighborhood standard (match others in the neighborhood), and, when possible, shall be placed on the left-hand side of the driveway, but in no case closer to the property line than 6 feet.
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(X). MODIFICATIONS AND MISCELLANEOUS STRUCTURES. (All modifications must be submitted and approved).
(a). Fences must be specifically approved in writing by the Developer for both design and location prior to being installed or constructed. Approved fence designs shall be as shown in Exhibit "B - Fence Guidelines". Any fence along property lines that border the
boundary of Rowan Oak shall be a type 1 fence and shall be stained. The fence shall be
considered an improvement on the property owned by the lot owner and be maintained by the lot owner. Types 3, 4, 5, 6 and 7 must be used in other areas. Fence locations are generally approved to be to the rear of the house and to the property lines or directly behind the house. Exceptions to this guideline may be made to avoid meters, air conditioning equipment, trees, severe slopes, and to enclose basement doors. Corner lot fences in the street side yard shall be no closer to the street than the building line and may be required to be screened with landscaping. Fences are not
allowed in buffers or landscape easements. Freestanding dog pens are prohibited.
Owners may request in writing to the Architectural Control Committee a waiver of the above requirements. The Architectural Control Committee may under reasonable circumstances grant such a request where the resulting appearance of the Lot is likely to preserve the overall appearance, scheme, and design of the Community.
(c) Exposed concrete block or poured concrete foundations and site retaining walls must be covered with stone, brick or plastered to complement the house materials.
(d) Sheet metal and PVC work such as roof caps, flashings, plumbing vents, and chimney caps must be painted to match the roof colors. Gutters and down spouts must be painted
approved colors. Bay tops or Queen Anne returns that face the street should be copper or painted metal.
(e) Roofs. If visible from the street, gables should have a minimum pitch of 12:12 unless specifically approved otherwise by the Developer. Roofing may be cedar shake, tile, slate, or dimensional fiberglass shingles. Colors are encouraged to be black, gray, weathered wood,
driftwood or other similar colors and blends.
(f) Driveways. shall be concrete and installed with a curvilinear shape and be a minimum of 3 feet off the property line. Driveways should be no more than 14 feet wide at the property line. Side entry turn-arounds should be at least 27 feet wide. Courtyard garages must allow for a minimum of 4 feet of landscaping between the driveway and the house. Entrance aprons on each driveway will match the neighborhood standard.
(g) Chimneys framed to receive prefabricated fireplaces and flues must not appear
cantilevered from the unit. They must be continuous to finish grade unless otherwise approved by the Architectural Control Committee.
(h) The roof pitch of all residences shall be a minimum of 8/12 unless otherwise approved by the Architectural Control Committee.
(i) Driveways shall be a minimum of 12 feet in width and constructed only of materials approved in writing by the Architectural Control Committee, and any culverts, pipes or conduits for water placed in or under driveways shall be covered at points of protrusion from driveways or the ground with materials approved by the Architectural Control Committee.
(i) All electrical service, cable television and telephone lines shall be placed underground, and no exterior pole, tower, antenna or other device for the transmission or reception of
television signals, radio signals or any other form of electromagnetic radiation, or for any other purpose, shall be erected, placed or maintained on any Lot except as may be constructed by the Declarant or approved in writing by the Architectural Control Committee. Further, the design, type, location, size, color, and intensity of all exterior lights shall be subject to control by the Architectural Control Committee and only such exterior lighting as shall have been approved in writing by the Architectural Control Committee shall be installed or used on any Lot.
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(k) All exterior lighting shall be a low-level, non-glare type and located to cause
minimum visual impact to adjacent properties and streets except as may be constructed by the Declarant or approved in writing by the Architectural Control Committee.
(1) Mechanical equipment (other than heating or air conditioning equipment), shall be installed only within the 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 Community. No outdoor clothes lines shall be allowed in the Community.
(m) Unless located within ten (10) feet of a main dwelling or accessory building or
within ten (10) feet of an approved building site, no trees, shrubs, bushes or other vegetation having a trunk diameter of three (3) inches or more at a point of two (2) feet above ground level may be cut, pruned, mutilated or destroyed at any time without the prior written approval of the Architectural Control Committee; provided, however, that dead or diseased trees, shrubs, bushes or other vegetation shall be cut and removed promptly from any Lot by the Owner thereof after such dead or diseased condition is first brought to the attention of the Architectural Control
Committee and permission for such cutting and removal has been obtained.
(n) Landscaping shall relate to the existing terrain and natural features of the lot, utilizing plant materials native to the Southeastern United States. The amount and character of the
landscaping must conform to the precedent set in the surrounding community. The preferred landscape bed edging is a neat 4 - 6' deep trench. Other edging, if used, should be flush with the ground. No edging material should be visible above grade. All mulched landscape beds should be covered with natural pinestraw or chopped pine bark mulch.
(o) With the exception of natural or undisturbed areas all yards must be sodded with
Bermuda. Sprinklers are required on sodded areas. Integrally designed planting beds with natural ground cover shall be considered as natural areas. Foundation plantings along street facing
elevations are to be a minimum 3 gallon size plants for lower growing varieties, and a minimum 7 gallon size plants for larger growing varieties. Corner plants should be a minimum of 5-6 feet in height. Side-entry garage doors should be screened with several 4-5 foot high evergreens
where possible and specifically on corner lots where the garage faces a street. A professionally designed landscape plan must be submitted and approved by the Developer before beginning
(p) No structure of a temporary character shall be placed upon any Lot at any time,
except for shelters used by a building contractor during the course of construction. Such
temporary shelters may not, at any time, be used as residences, nor be permitted to remain on the Lot after completion of construction.
(q) No accessory building shall be placed, erected or maintained upon any part of any Lot except in connection with a residence already constructed or under construction at the time that such outbuilding is placed or erected upon that Lot.
(r) Frecstanding play houses, treehouses and detached storage buildings are not allowed except as may be constructed by the Declarant or approved in writing by the Architectural
Control Committee.
(s) Exterior hot tubs must be screened from adjacent properties and streets. All pump, filter, etc. equipment for spas must be sited where it will not cause a nuisance to neighbors and must be screened from view.
(t) No fences or walks should be constructed in a such a way as to detract from the iron fence and stone columns common to the neighborhood. No fences shall be constructed in the front yard. Under no circumstances shall silver or metal colored chain link fence be constructed
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on any Lot. All fences and walls must be approved, in writing, by the Architectural Control Committee. Fences for rear or side yards may consist of only black coated chain link, black iron fencing, or brick and stone fences consistent with the neighborhood.
(u) All swimming pools must fit naturally into the topography of the proposed lot and be located to provide minimal visual impact to surrounding properties and streets. All pool
equipment, including but not limited to, pumps and filters must be sited where it will not cause a nuisance to neighbors and must be screened from view. Absolutely no temporary, fiberglass, drop in, or above ground pools shall be allowed. A fence a maximum of six (6) feet in height and capable of being locked shall surround all swimming pools.
(v) No private tennis courts will be permitted.
(w) No camper, recreational vehicle, trailer, tent, or boat shall be placed in the yard or driveway. Additionally, no treehouses, play equipment (such as swing sets) or other similar outbuildings shall be placed in the front or side yards or so as to be visible from any street.
(x) Fences must be specifically approved in writing by the Developer for both design and location prior to being installed or constructed. Approved fence designs shall be as shown in Exhibit "A". Any fence along property lines that border the boundary of Rowan Oak shall be a type I fence and shall be stained. The fence shall be considered an improvement on the property owned by the lot owner and be maintained by the lot owner. Types 3, 4, 5, 6 and 7 must be used in other areas. Fence locations are generally approved to be to the rear of the house and to the property lines or directly behind the house. Exceptions to this guideline may be made to avoid meters, air conditioning equipment, trees, severe slopes, and to enclose basement doors. Corner lot fences in the street side yard shall be no closer to the street than the building line and may be required to be screened with landscaping. Fences are not allowed in buffers or landscape
easements. Freestanding dog pens are prohibited.
(y) Swimming pools must be constructed below ground level with the same setback
requirements as dwellings and other improvements. A fence at least six (6) feet in height and capable of being locked shall surround all swimming pools.
Section 7. Right of Inspection. The Architectural Control Committee, its agents and representatives, shall have the right during reasonable hours to enter upon and inspect any Lot and improvement thereon for the purpose of ascertaining whether the installation, construction, alteration or maintenance of any improvement or the use of any Lot or improvement is in
compliance with the provisions of this Declaration; and the Architectural Control Committee shall not be deemed to have committed a trespass or other wrongful act solely by reason of such entry or inspection.
Section 8. Violation. If any improvement shall be erected, placed, maintained or altered upon any Lot, otherwise than in accordance with the plans and specifications approved by the Architectural Control Committee pursuant to the provisions of this Article, such erection,
placement, maintenance or alteration shall be deemed to have been undertaken in violation of this Article and without the approval required herein. If in the opinion of the Architectural
Control Committee such violation shall have occurred, the Architectural Control Committee shall be entitled and empowered to enjoin or remove any such construction, lien the violating Lot, and take any other action permitted by the By-Laws of the Association. Any costs and
expenses incurred by the Architectural Control Committee in enjoining and removing any
construction or improvements shall become a lien against the Owner's Lot in accordance with Article VII. Additionally, the Architectural Control Committee shall be entitled to pursue all
Section 9. Eees. The Architectural Control Committee may impose and collect a
reasonable and appropriate fee to cover the cost of inspections performed pursuant to Section 7 hereof, which such fee will be paid out of regular or special assessments established per Article VIl hereof. The fee shall be established from time to time by the Architectural Control
Committee.
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ARTICLE VI
USE RESTRICTIONS
Section 1. Residential Use. All residential Lots shall be used for single-family residential purposes exclusively. Except as herein provided herein and on the Plat as pertaining to the single family attached and semi-attached Town home Lots, no house, structure or other improvement shall be erected, altered, placed, maintained or permitted to remain on any single family detached Lot other than one (1) detached single-family dwelling. No business or business activity shall be carried on or upon any Lot at any time except with the written approval of the Architectural Control Committee. Nothing contained herein shall prohibit Declarant from using any Lot owned by Declarant for the purpose of carrying on business related to the development and management of the Community.
Section 2. Signs. No commercial signs, except "for sale" or signs for subdivision lots, shall be erected, placed or maintained on any Lot except as may be required by legal proceedings. Nothing herein shall be construed, however, to prevent Declarant from erecting, placing or maintaining upon any Lot, or permitting the erection, placing or maintaining upon any Lot by builders or residents, of such signs as Declarant may deem necessary or desirable during the period of the development, construction and sale of the Lots and residences constructed thereon. Also, the provisions of this Section shall not apply to any mortgagee who becomes the Owner of any Lot as purchaser at a judicial or foreclosure sale conducted with respect to a first mortgage or deed to secure debt or as transferee pursuant to any proceeding in lieu thereof.
Section 3. Mail Boxes, Property Identification Markers and Decorative Hardware. The Architectural Control Committee shall have the right to approve the location of all mailboxes. Where applicable, all mailboxes shall match, in style and shape as approved, by the Architectural Control Committee. If a replacement mailbox is needed, it shall be identical to the mailbox it is replacing and shall be approved, in writing, by the Association.
Section 4. Garbage Cans, Woodpiles, etc. 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 Community. All rubbish, trash, and garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon. Only the garbage collection company selected by the Association shall be allowed to collect garbage in the development. No others shall be permitted to serve homes in the development.
Section 5. Prohibited Structures. No mobile home, house trailer, factory or manufacturer assembled homes, modular homes, tent, shack, barn, or other outbuilding or structure (except accessory buildings otherwise permitted hereunder) shall be placed on any Lot at any time, either temporarily or permanently; provided, however, house trailers, temporary buildings and the like shall be permitted for construction purposes during the construction period of residences or as one or more real estate sales offices of Declarant for the sale of property.
Section 6. Animals and Pets. No animals, livestock or poultry of any kind may be raised, bred, kept or permitted on any Lot, with the exception of dogs, cats or other usual and common household pets in reasonable number, provided that said pets are not kept, bred or maintained for any commercial purpose, are not permitted to roam free, and in the sole discretion of the Board of Directors, do not endanger the health, make objectionable noise or constitute a nuisance or inconvenience to the Owners of other Lots or the owner or any property located adjacent to the Community. Dogs which are household pets shall at all times, whenever they are outside a dwelling, be confined within a pen or on a leash. Dog house exterior colors and materials must relate to the exterior of the house. The structure should be screened from any view from surrounding roads, and be discreetly located so as to not cause a nuisance to neighbors. No exterior pens, dog runs, or any similar method of controlling household pets shall be erected or maintained on any Lot unless approved, in writing, by the Board of Directors.
Section 7. Incapacitated Motor Vehicles. No automobile or motor driven vehicle may be left upon any Lot for a period longer than five (5) days in a condition such that it is incapable of being operated upon the public highways. After such five (5) day period, such vehicle shall be
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considered a nuisance and detrimental to the welfare of the neighborhood and must be removed from the Community. Any towed vehicle, boat, motor home or mobile home regularly stored upon any Lot, or temporarily kept thereon for periods longer than twenty-four (24) hours each, shall be considered a nuisance and must be removed from the Community. The foregoing,
however, does not apply to such boats or other vehicles, whether motor-driven or towed, as are stored wholly within a private garage. No commercial vehicles may be parked, stored or
temporarily kept within the Community, unless such vehicles are stored wholly within private garages, are within the Community temporarily to service existing improvements or are used in connection with construction of improvements within the Community.
Section 8. Nuisance. It shall be the responsibility of each Lot Owner to prevent the
development of any unclean, unhealthy, unsightly, or unkempt condition of buildings or grounds on his or her Lot or Lots. No Lot shall 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 upon any Lot 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. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any property adjacent to the Lot. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous,
unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of property in the neighborhood by the Owners thereof.
Section 9. 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 mechanical devices, which might tend to cause
disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken in any part of the Community.
Antennas. No Owner shall erect, use, or maintain any outdoor antenna or other device for the transmission or reception of radio signals, or any form of electromagnetic radiation, whether attached to a building or structure or otherwise, without the prior written
consent of the Architectural Control Committee; provided, however, no such approval shall be necessary to install: (a) antennas designed to receive direct broadcast satellite services, including direct-to-home satellite and high speed satellite internet services, that are one meter or less in diameter; or (b) antennas designed to receive video programming services via multi-point
distribution services that are one meter or less diameter or diagonal measurement; Owners shall install any permitted antenna on the rear of the dwelling unless an acceptable quality signal
cannot other wise be obtained. All permitted antennas shall be physically placed on the house only and no permitted antennas shall be placed on poles placed anywhere on the property.
Provided, however, Declarant and the Association shall have the right to erect and maintain such devices or authorize the erection and maintenance of such devices. Each owner acknowledges
Section 11. Firearms and Weaponry. The use of firearms and weaponry in the
Community is prohibited. The term "firearms" includes, without limitation, B-B guns, "paintbalẠạiguns, pellet guns and archery equipment.
Section 12. Air-Conditioning Units. No window air conditioning units may be installed. Section 13. Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation shall be permitted on the exterior of any property. Exterior sculpture, fountains, flags and similar items must be approved in writing by the Association.
Section 14. Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot.
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Section 15. Entry Features. Owners shall not alter, remove or add improvements to any entry features constructed or erected by the Declarant or the Association on any Lot, or any part of any easement area associated therewith, without prior approval of the Association.
Section 16. Window Treatments. In order to maintain the Community-Wide Standard, no flags, signs or other non-traditional window treatments shall be used which are visible from the exterior of any residential structure.
Section 17. Front Porches. In order to maintain the Community-Wide Standard, all
furniture placed on front porches of any residential structure shall be traditional outside porch furniture. non-complying furniture includes, but is not limited to, furniture designed to be
housed inside a dwelling, small appliances such as refrigerators, temporary fumiture such as
cardboard boxes. The ARC reserves the right to remove any furniture, which in the ARC's sole discretion, does not meet the criteria set forth herein, in accordance with the provisions contained herein in this Declaration.
Section 18. SPECIAL PROVISIONS RELATING TO OCONEE COUNTY. GEORGIA
GOVERNMENTAL REQUIREMENTS
18.1. Pursuant to the Subdivision Regulations for Oconee County, Georgia, §502.6.1, entitled "Private Streets, the following shall apply to Rowan Oak Master Planned Development. Provided however, the provisions of this section represent the minimum requirements as defined by the County Government, and this Declaration may impose more restrictive requirements
herein or by subsequent amendment thereto:
1. Design Standards -
A. Private Streets (other than private access drives), if approved by the County, shall meet all minimum geometric design requirements per international Fire Codes and all AASHTO design standards for that road's posted speed, but in no case shall the design speed be less than 15 miles per hour.
B. Where private streets intersect public streets, private streets shall meet the
requirements of public streets including intersection offset requirements,
deceleration and acceleration lanes, intersection gradients, and other applicable design and construction requirements of the Subdivision Regulations for Oconee County, Georgia.
18. 2. Construction Standards -
Private streets (other than private access drives) shall meet all construction requirements and standards that apply to public streets.
18.3. Right of Way and Easement Requirements -
A. Private Streets shall be located within a separate parcel of land, no less than 30 feet wide, that is owned by the Association. The width shall include the private street, any drainage structures, sidewalks, or utilities. Unless otherwise approved by Government of Oconee County, Georgia, the Private streets may not be located in an easement over multiple lots.
B. The declarant and or the Association, shall, upon request, grant an exclusive and irrevocable access and utility easement to the County that is located in the private right-of-way.
C. All easements shall meet the minimum sizes required by the County.
18.4. Maintenance Provisions -
A.. The County will not maintain roadways, signs or drainage improvements on
private streets. The Association shall comply with all provisions of section 1413.1
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of the Oconee County Zoning Ordinance. The Association shall provide all
maintenance activities and related actions to ensure compliance with Oconee
County's NPDES permit for storm water discharges.
Pursuant to the Subdivision Regulations for Oconee County, Georgia,
§502.6.5.B.. as part of the Association, covenants are required for any Lots on a private street.
As discussed herein below in Article VII of this Declaration, each Lot Owner shall be required to pay an annual fee, said fee to be determined by the Association. In all instances, the Assessment shall be set at a rate adequate to defray costs of ordinary maintenance, plus all other obligations of the Association. Pursuant to the Subdivision Regulations for Oconec County,
Georgia, §502.6.5.B(1), the Annual Assessment shall at no times be set at less than Fifty Dollars ($50.00) per month.
Pursuant to the Subdivision Regulations for Oconce County, Georgia, §502.6.5.B(2), maintenance shall be conducted and a periodic maintenance schedule shall be adopted by the Association under the following terms and conditions:
(A) All road surfaces, shoulders, signs, storm drainage facilities, vegetation control, recreational amenities, and landscaping shall, whenever possible, and using good faith and reasonable due diligence, be kept and maintained in good condition at all times, pursuant to this Declaration, the regulations of Oconee County, Georgia, and reasonable rules and regulations adopted by the Association.
(B) The Association shall determine and adopt a specific periodic maintenance
schedule for required maintenance, which may be amended from time to time, provided, however, on or before the final business day of each fiscal year, the Association shall cause an examination to occur as to potential maintenance needs for the Development.
(C) The Association shall make reasonable periodic examinations of the need for
maintenance for road surfacing, shoulders, signs, storm drainage facilities,
vegetation control, recreational amenities, and landscape upkeep. Upon
determining the need for such maintenance, then the Association shall undertake such needed maintenance or repairs as soon as possible.
Pursuant to the Subdivision Regulations for Oconee County, Georgia, §502.6.5.B(3), in addition to any other enforcement provisions contained herein in this Declaration, the Covenants for maintenance shall be specifically enforceable by any property owner served by private road in the development, by the Association, or any other party or entity authorized under this
Pursuant to the Subdivision Regulations for Oconee County, Georgia, §502.6.5.B(4), the following formula for assessing the maintenance and repair costs equitably to property owners served by the Private Roads shall be utilized:
So as to equitably assess the maintenance and repair costs for the private roads, each Lot subject to this Declaration shall be assessed an equal assessment for maintenance and
repair costs. The formula for calculating the assessment for maintenance and repair costs by the Association may be amended from time to time, as needed, taking into account all reasonable factors, including, but not limited to, the submission of additional Lots or
property which may be served by the private streets in the development.
Pursuant to the Subdivision Regulations for Oconee County, Georgia, §502.6.5.B(5), as with all other provisions of this Declaration, the provisions herein contained relating to private streets shall attach to and run with the land.
Pursuant to the Subdivision Regulations for Oconee County, Georgia, §502.6.5.B(6), the maintenance provisions contained herein shall not be dissolved nor modified in such a way so as to conflict with the Subdivision Regulations for Oconee County, Georgia.
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Pursuant to the Subdivision Regulations for Oconee County, Georgia, §502.6.5.B(7), ordinary maintenance, as defined, and when applicable, shall include, but not be limited to, road surfacing, shoulders, signs, storm drainage facilities, vegetation control, recreational amenities, and landscape upkeep.
Pursuant to the Subdivision Regulations for Oconee County, Georgia, §502.6.5.B(8), notice is hereby given that no public funds of Oconee County have been or are to be used to build, repair or maintain the private streets in the Development.
Section 19. OWNER'S RELEASE REQUIREMENT - At the closing of any Lot in the development, the Purchaser shall execute an Owner's Release form, pursuant to the Subdivision regulations of Oconce County, Georgia, acknowledging that the Government of Oconee County, Georgia has no responsibility for the maintenance and upkeep of the Private Streets in the
development; that no public funds of Oconee County were or shall be used to build, repair, or maintain the Private Streets and the undersigned Owner has been duly notified of this fact; and that the Purchaser releases the Government of Oconee County Georgia from any liability or obligation regarding the construction, repair, or maintenance of the Private Streets. Said release shall be recorded in the records of the Clerk of Superior Court for Oconee County, Georgia.
Section 20. STORM WATER DRAINAGE EASEMENTS - The
Declarant and or/Association shall convey to Oconee County Georgia, a storm water drainage easement covering storm water detention areas and drainage casements located within the
development, pursuant to the regulations of Oconee County, Georgia and the provisions of this Declaration.
ARTICLE VII
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner of a Lot in the Community shall be a member of the Association. If title to a Lot is held by more than one person, each of such persons shall be members. Membership shall be appurtenant to the Lot to which it appertains and shall be
transferred automatically. Notwithstanding the above, each Lot shall be entitled to one (1) vote in the Association.
Section 2. Amplification. The provisions of this Article are to be amplified by the
Articles of Incorporation and By-Laws of the Association provided, however, that no such
amplification shall substantially alter or amend any of the rights or obligations of the Owners of Lots as set forth herein. In the event of any conflict or inconsistencies among this Declaration, the Articles of Incorporation or the By-Laws of the Association, this Declaration and the Articles of Incorporation (in that order) shall prevail.
ARTICLE VIII
ASSESSMENTS
Assessments against the Lot Owners shall be made to raise funds to pay the common expenses of the Property, and contribute a pro rata share of the maintenance of the common areas of the Community and shall be governed by the following provisions:
(a) Liability. Each Lot Owner shall be liable to the Association for all sums as are
lawfully assessed by the Association against him or his Lot or Lots in accordance with the terms and provisions of this Declaration and Articles of Incorporation and By-Laws. In addition to exercising the remedies provided for herein, the Association may enforce such liability by an action at law to recover all amounts assessed against each unit owner in accordance with the provisions of this Declaration.
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(b) Creation of the Lien and Personal Obligation for Assessment, Each owner of any Lot by acceptance of a deed or other conveyance thereof, whether or not it shall be expressed in any such deed or other conveyance, covenants and agrees to pay to the Association assessment which shall be fixed, established, and collected as herein provided; however, nothing contained herein shall be construed to obligate Declarant to pay assessments on Lots prior to the sale of said Lots.
(c) Uniform Rate of Assessment. All annual assessments shall be fixed at a uniform rate for all Lots except as follows:
(i) Any common expenses benefitting less than all of the Lots, may be specially assessed equitably among all of the Lots so benefitted, as determined by the Board; and
(ii) Any common expenses occasioned by the conduct of less than all of those entitled to occupy all of the Lots or by the licensees or invitees of any such Lot or Lots may be, specially assessed against the Lot or Lots, the conduct of any occupant, licensee or invitee of which occasioned any such common expenses; and
(iii) Any common expenses significantly disproportionately benefitting all of the Lots should be assessed equitably among all of the Lots in the Community as determined by the Board; and
(iv) Lots owned by Declarant shall not be assessed prior to Declarant's sale of said Lots to third parties.
Nothing contained herein shall permit the Association to specially or disproportionately allocate common expenses for periodic maintenance, repair and replacement of any portion of the common area or the Lots which the Association has the obligation to maintain, repair, or replace.
(d) Purpose. Assessments shall be levied against the Lot owners and the Lots to defray the common expenses of the Property. The common expenses of the Property shall be all of the expenditures which are made or incurred by or on behalf of the Association in connection with the exercise of its powers and responsibilities, and shall include, but not be limited to, the
following:
(I) the management fee, if any, and expenses of administration of the Association;
(ii) the expense of performing the maintenance and any necessary restoration or repair of roadways, alleys, curbing, roadway landscaping, entrance landscaping, and landscaping of traffic islands, pool house, putting green, common area fencing, gates, entrance gates, community
lighting, pool or tennis courts;
(iii) common utility bills and charges for other common services, including but not
limited to water and power;
(iv) premiums for all insurance policies maintained by the Association;
(v) the expenses of performing the maintenance, repair, renovation, restoration and
replacement work which is the responsibility of the Association hereunder;
(vi) such other costs and expenses as may be determined from time to time by the Board of Directors to be common expenses; and
(vii) the creation and maintenance of such reserve funds as are required to be maintained by the Association under Article VIII herein, and such other reserve funds as the Board of
Directors shall determine, including but not limited to a reserve for repairs and maintenance;
(viii) a one time capital assessment toward the installation of the community Amenities sliall be assessed aganst all Lot purchases. Thereafter, the costs of maintenance and operation of the putting green and all other Amenities shall be included as part of the regular Association assessments;
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(ix) if the Declarant or Association so elect, the mowing by the Association of all
landscaped grass areas located in the submitted property. Each Lot Owner and his or her
successors in interest expressly consent to a reasonable fee to be Assessed by the Association to cover the costs of same;
(x) maintenance and utility costs for operation of street lights located in the submitted
property. Each Lot Owner and his or her successors in interest expressly consent to a reasonable fee to be Assessed by the Association to cover the costs of same; and
(xi) a separate water bill as relating to water use for said Lot for lawn and landscaping irrigation purposes.
(e) Budget, Payment Dates. No less than thirty (30) days prior to the commencement of each fiscal year of the Association, the Board of Directors shall adopt a budget for the succeeding fiscal year, which budget (I) shall estimate the amount of common expenses which are
anticipated to be incurred during such year, and (ii) shall make provision for an adequate reserve fund for maintenance, repair and replacement of those portions of the common elements that
must be replaced on a periodic basis. Prior to the commencement of such fiscal year, the Board of Directors shall furnish a copy of such budget to each Lot Owner, together with a written
statement of the amount of such common expenses which shall be assessed against such-Lot
Owner for such fiscal year. Unless otherwise determined by the Board of Directors, such
assessment shall be due on January 1 of each year. The Board of Directors shall be authorized to prorate the annual assessment into twelve monthly or four quarterly installments. In addition, any fees, charges, and other amounts payable by any Lot Owner to the Association shall be added to and shall, unless paid at the time the same are incurred or at some other time determined by the Board of Directors, be due and payable as part of the installment of the assessment next
(f) Special Assessments. If for any reason, including nonpayment of any Lot Owner's
assessments, an annual budget adopted by the Board of Directors for any fiscal year proves
inadequate to defray the common expenses for such fiscal year, the Board of Directors may, at any time, levy a special assessment to raise the additional funds necessary to defray such
common expenses, which special assessment shall be due and payable at such time and in such installments as the Board of Directors shall determine. Additionally, the Board of Directors shall be authorized to levy special assessments under the circumstances described in this Declaration.
(g) Special Assessments for Capital Improvements. In addition to the assessments which shall be levied against the Lot Owners, the Board of Directors shall be authorized, upon the
affirmative vote of 75% of the Lot Owners entitled to cast votes, to levy a special assessment for the purpose of defraying, in whole or in part, the costs of any capital improvements to be made upon the common elements, or for the costs of making repairs or replacements which are not
provided for in then current budget of the Association. Any such special assessments for the
capital improvements and repairs shall be payable at such time and in such installments as the
(h) Collection. In addition to all other remedies provided by law, the Association may enforce collection of the assessments for which a Lot Owner is liable, together with all other
amounts as may be owed by such Lot Owner to the Association, as hereinafter provided.
(I) In the event that any Lot Owner shall fail to pay any installment of any
assessment levied against him within ten (10) days after such installment shall be due and
payable and the payment of, and shall pay, in addition to the amounts so due the Association:
(ii) In the event that any Lot Owner shall fail to pay within five (5) days after the same shall be due, any amounts due and payable to the Association, such Lot Owner shall be
liable for the payment of, and shall pay, in addition to the amounts so due the Association:
(a) A late charge equal to Ten ($10.00) Dollars or ten (10%) percent of the arount so due, whichever is the greater;
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(b) interest on the amount so due, and the aforesaid late charge
appertaining thereto, from the date same were due and payable, at the rate of ten (10%) percent per annum, until paid; and
(c) the cost of collection, including court costs, the expenses of sale, any expenses required for the protection and preservation of the Lot, and reasonable attorney's fees actually incurred; and
(d) in the event the Association shall seek to foreclose its lien on the Lot of such owner, the fair rental value of the Lot from the time of the institution of suit until sale of the unit at foreclosure (or until the judgment rendered in such suit is otherwise satisfied).
(iii) All sums lawfully assessed by the Association against any Lot Owner or Property Owner's Association Lot, whether for the share of the common expenses pertaining to that Lot, fines, or otherwise and all reasonable charges made to any Lot Owner or Lot for material
furnished or services rendered by the Association at the Owner's request to or on behalf of the Lot Owner or Lot, shall, from the time the sums become due and payable, be the personal
obligation of the Lot Owner and constitute a lien in favor of the Association on the Lot prior and superior to all other liens whatsoever except:
(a) Liens for ad valorem taxes on the Lot;
(b) The lien of any first priority mortgage covering the Lot and the lien of any mortgage recorded prior to the recording of the Declaration; or
(c) The lien of any secondary purchase money mortgage covering the Lot, provided that neither the grantee nor any successor grantee of the mortgage is the seller of the
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 assessment shall be required.
(iv) The rights of a Lot Owner and all persons entitled to occupy the Lot of such owner, to use the common elements shall be suspended for the period of time any amount due and owing to the Association in regard to any Lot owned by such owner shall remain unpaid; provided, however, that no such suspension shall deny any Lot Owner, or the occupants of any exist. Lot, access to the Lot owned or occupied, nor cause any hazardous or unsanitary condition to
(I) Fee for Statements of Amounts Due. The Association may require the payment of a fee, not to exceed Ten ($10.00) Dollars as a prerequisite to its issuance of any statement pursuant to the Act or this Declaration.
(i) Mandatory Fee. Each Lot Owner shall be required to pay an annual fee for the first year of ownership, said fee to be determined by the Association.
(k) Shared Assessments. It is the express intention of the Declarant that assessments for all maintenance and repair costs for any and all private roads lying within the Greater Rowan Oak Development, as well as those maintenance, upkeep, utility and repair costs for all shared amenities of the Greater Rowan Oak Master Planned Development, including but not limited to the putting green and pool, whether owned by the Association or by the Condominium
Association serving the condominiumized portions of the submitted property, be made and
apportioned equally as between all Lots in the development, including those Lots owned under the Condominium form of ownership. Only landscape and lawn maintenance for common areas located in that portion of the Rowan Oak Master Planned Development owned under the
condominium form of ownership shall be a separate assessment, to be assessed separately by the Condominium Association, pursuant to the Declaration of Condominium for the Courtyard at Rowan Oak, Phase I, the condominium association By-Laws, and the Georgia Condominium Act.
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ARTICLE IX
INSURANCE
Insurance (other than title insurance) which shall be obtained by the Association shall be governed by the following provisions:
(a) Types of Insurance. The Association shall obtain and maintain the following
insurance policies:
(I) A multi-peril casualty insurance policy covering the common elements,
providing as a minimum, fire and extended coverage, vandalism and malicious mischief, on a replacement cost basis in an amount not less than 100% of the full replacement cost of the
common elements within the Community. The name of the insured under such casualty
insurance policy shall be stated as follows: "Rowan Oak Property Owners Association, Inc., for the use and benefit of the individual Lot Owners in Rowan Oak, Oconee County, Georgia". The amount of coverage of such casualty insurance policy shall be readjusted by reappraisal or
reevaluation of the insured property, not less frequently than once every five years. Such
casualty insurance policy shall contain the standard mortgagee clause which shall be endorsed to provide that any proceeds shall be paid to the Association for the use and benefit of mortgagees
(ii) A comprehensive policy of public liability insurance covering all of the
common elements. Such liability insurance policy shall contain a "severability of interest
endorsement which shall preclude the insurer from denying the claim of a Lot Owner because of the negligent acts of the Association or other Lot Owners. Such liability insurance policy shall cover the Association, the Board of Directors, the officers of the Association, all agents and
employees of the Association, and all unit owners and other persons entitled to occupy any Lot or other portion of the Property, shall be for at least $500,000.00 for injury including death to a single person, $1,000,000.00 for injury or injuries, including death, arising out of a single
occurrence and $50,000.00 for property damage, with a cross liability endorsement to cover the Lot Owners as a group and shall include protection for damage to the property of others.
(iii) Such other insurance policies as the Board of Directors shall deem desirable for the benefit of the Association, its Officers and Directors or the Lot Owners.
(b) Minimum Qualifications of Insurance Carriers. Each policy of insurance which the Association is required to maintain under the provisions of this Declaration shall be written by a hazard insurance carrier which has a financial rating by Best's Insurance Reports of Class A:VI or better and which is licensed to transact business within the State of Georgia.
(c) Minimum Qualifications of Insurance Policies. All policies of insurance which the Association is required to maintain under the provisions of this Declaration shall (a) not allow contributions or assessments to be made against the owner of any Lot, or the holder of any
mortgage upon any Lot, (b) not allow loss payments to be contingent upon any action by the
insurance carrier's board of directors, policyholders, or members, (c) not include any limiting clauses (other than insurance conditions) which could prevent any Lot Owner or the holder of any mortgage upon any unit from collecting insurance proceeds, and (d) contain or have attached a mortgage clause which provides that the insurance carrier shall notify in writing all holders of first lien mortgages on any of the units at least ten (10) days in advance of the effective date of any reduction in, cancellation, or non-renewal of such policies.
In no event shall any recovery or payment under the insurance coverage obtained and maintained by the Association be affected or diminished by insurance purchased by individual Lot owners or mortgagees, and no Lot Owner shall be entitled to exercise his right to maintain any additional insurance coverage in such a way as to decrease the amount which it may have in force on the Property at any particular time.
(d) Proceeds on Account of Damage to Common Elements. Insurance proceeds which shall be paid on account of damages to or destruction of any portion of the common elements shall be held by the Association in a construction fund, which shall be used for the purpose of
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repairing, reconstruction or rebuilding the portion of such common elements so damaged or
destroyed, as provided in this Declaration. If it shall be determined in accordance with the
provisions of this Declaration not to repair, reconstruct or rebuild the portion of the common elements so damaged or destroyed, then the insurance proceeds paid on account of the occurrence of such damage or destruction to such portion of common elements shall first be used to clean up and landscape the common elements as necessary in view of the fact that such part of the
common elements is not to be repaired, reconstructed or rebuilt, and the remaining insurance proceeds shall be disbursed to the Lot Owners proportionately, such disbursement to be made payable jointly to the Lot owners and their mortgagees. Notwithstanding anything contained in this Declaration, the Articles of Incorporation, the Bylaws, or the Act which may be construed to the contrary, in no event shall any insurance proceeds paid to the Association on account of the occurrence of any fire or other casualty be deemed to be common profits.
(e) Notwithstanding any provision above pertaining to Insurance, this section may be
amended by the Declarant or Association from time to time to allow for: any reqirements of the the Government of Oconce County, Georgia; of the State of Georgia; for the addition of
additional property under this Declaration; to meet the requirements of the Georgia
Condominium Act for those portions of the Community that are subject to the Georgia
Condominium Act; or to comply with the requirements of Fannie Mae.
ARTICLE X
DAMAGE TO OR DESTRUCTION OF COMMON ELEMENTS
Repair, reconstruction or rebuilding of the common elements following damage or
destruction to all or any portion of the common elements shall be governed by the following
provisions:
(a) Estimates of the cost of repair. As soon as practicable following the occurrence of any damage to, or destruction of any portion of the common elements, the Board of Directors shall obtain reliable and detailed estimates of the cost of repairing and restoring such portion of the common elements so damaged or destroyed to substantially the same condition as such
portion of the common elements were in prior to the occurrence of such damage and destruction and shall proceed with the filing and adjustment of all claims arising under insurance maintained by the Association as a result of such damage or destruction.
(b) Determination to Repair. Reconstruct, or Rebuild, Any damage to, or destruction of the common elements will be repaired, reconstructed, or rebuilt unless the owners of the Lots to which 75% of the votes in the Association are allocated shall determine within 45 days after the occurrence of the casualty not to repair, reconstruct, or rebuild the same.
(c) Manner of Repair, Reconstruction, or Rebuilding. All repairs, reconstruction, or
rebuilding to be made as a result of damage by fire or other casualty shall be made in accordance with the following provisions:
(I) The damage shall be repaired, reconstructed, or rebuilt substantially in
accordance with the plans and specifications for such damaged property prior to the occurrence of such damage;
(ii) All of the work of repairing, reconstruction, or rebuilding any portion of the common elements, the damage to or destruction of which cause the payments of insurance
benefits under insurance policies maintained by the Association, shall be performed under the supervision of the Board of Directors which, in discharging such supervisory responsibility, shall be authorized to employ such building supervisors and architects as the Board of Directors shall deem to be in the best interest of the Association.
(d) Cost of Repairs, Reconstruction, or Rebuilding. The cost of repairing, reconstructing, or rebuilding any portion of the common elements which shall be damaged or destroyed shall be paid with any insurance proceeds which shall be paid to the Association on account of such
damage or destruction. If such insurance proceeds are not sufficient to defray such cost of repair, reconstruction, or rebuilding, then the Board of Directors may levy a special assessment against all of the Lot Owners and Lots to raise the excess funds necessary to defray such cost.
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ARTICLE XI
GENERAL PROVISIONS
Section 1. Easements for Architectural Control Committee. There is hereby created in favor of the Architectural Control Committee, its members, agents, employees and any
management company retained by the Architectural Control Committee, an easement to enter in or to cross over the Lots to inspect and to perform the duties of maintenance and repair of the Lots, as provided for herein.
Section 2. Easements for Declarant. Declarant hereby reserves for himself, his successors and assigns, agents, employees, contractors and sub-contractors, the following easements and rights-of-way in, on, over, under and through any part of the Community as well as in, on, over, under and through any part of the Additional Property for so long as Declarant owns any Lot primarily for the purpose of sale or so long as Declarant retains the right to submit the Additional Property to the Provisions of this Declaration pursuant to Article II hereof, whichever is longer:
(a) For the erection, installation, construction and maintenance of wires, lines and
conduits, and necessary or proper attachments in connection with the transmission of electricity, gas, water, telephone, community antenna, television cables and other utilities;
(b) For the construction of improvements on the Lots;
(c) For the installation, construction and maintenance of storm-water drains, public and private sewers, and for any other public or quasi-public utility facility;
(d) For use as sales offices, model lots and parking spaces in connection with his efforts to market Lots; and
(e) For the maintenance of such other facilities and reasonably required, convenient or incidental to the completion, improvement and sale of Lots.
Section 3. Easements for the Association. There is hereby created in favor of the
Association, its Board of Directors, its members, agents, employees and contractors, an easement to enter upon, enter in, or cross over the Lots for the purpose of providing the maintenance
required by the Association in this Declaration and for the purpose of constructing sidewalks as specified in Article V, Section 6(m) herein. In addition, the Association shall grant such
easements as may be needful and necessary for any shared access to any shared amenities,
utilities, private roads, or other features with the Condominium Association for the Courtyard at Rowan Oak, Phase I portion of the community.
Section 4. Other Easements.
A. Sidewalks. In the event certain areas in the submitted property contain paved sidewalk which crosses portions of a Lot or Lots, each Lot Owner and his or her successors in
interest expressly consent to an express, non-exclusive easement to the Association and Lot
Owners of Rowan Oak for the maintenance of and use of said side-walks which may cross
portions of an individual Lot or Lots.
Enforcement. The Architectural Control Committee, the Association, or any Owner,
including Declarant, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any person to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 5. Duration. The Provisions of this Declaration shall run with and bind the land and shall be and remain in effect perpetually to the extent permitted by law. Provided, however, so long as Georgia law limits the period during which covenants restricting lands to certain uses may run, any provisions of this Declaration affected thereby shall run and bind the land so long as permitted by such law and such provisions may be renewed or extended in whole or in part beyond the initial period permitted by such law for successive periods not to exceed the period
Page 22
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permitted by such law provided such renewal or extension is approved by at least eighty percent (80%) of the Lot Owners. Every Purchaser or grantee of any interest in any real property subject to this Declaration, by acceptance or a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section.
Section 6. Rights of Mortgages. In addition to the rights elsewhere provided, each
mortgagee of a Lot, or purchaser or insurer of a mortgage on any Lot subject to this Declaration, including Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, the Veterans Administration and the Federal Housing Administration shall (a) be entitled to written notice from the Association of any default by an owner in the performance of his
obligations under the Declaration which is not cured within 30 days; (b) be entitled to attend and observe all meetings of Owners, but not meetings of the Association's Board of Directors; (c) be furnished copies of annual financial reports made to the owners; (d) be entitled to inspect current copies of the Declaration, Articles of Incorporation, By-Laws, Rules and Regulations, books, records and financial statements of the Association during normal business hours; (e) be entitled to written notice from the Association of any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; (f) be entitled to written notice from the Association of any condemnation or casualty loss that affects a material portion of the Community, or the Lot securing its mortgage and (g) be entitled to timely written notice of any proposed action which would require the consent of a specified percentage of mortgagees;
provided, however, that such mortgagee or purchaser or insurer of such mortgage shall first file with the Association a written request that such notices be sent to a named agent or
representative of the mortgagee at an address stated in such notice.
Section 7. Amendment. This Declaration may be amended unilaterally at any time and from time to time by Declarant (I) 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, (ii) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration, (iii) if such amendment is required by an institutional or
governmental lender or purchaser of mortgage loans, including, for example, the Federal
National Mortgage Association 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 (iv) if such amendment is necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the Lots subject to this Declaration to the ÇRAB
contrary herein, it is expressly provided that any amendment which adversely affects the title to any Lot must be approved by the Owner of such Lot in writing; and (v) so as to comply with the condominium act for those portions of the community under the condominium form of
ownership.
All amendments other than those specified hereinabove shall be adopted as follows:
(i) At least seventy-five (75%) percent of the Lot Owners shall be necessary to amend this Declaration. Notwithstanding anything to the contrary herein, it is expressly provided that any amendment which adversely affects the title to any Lot must be approved by the Owner of such Lot in writing.
(ii) The proposed amendment may be proposed by either the Lot Owners or Declarant. The Declarant, or the Association, may call a meeting of the Lot Owners to consider such an amendment and shall be required to call such a meeting upon a petition signed by at least twentyfive (25%) percent of the Lot Owners. If a meeting of the Lot Owners is called to consider such an amendment, the time within which and the manner by which notice of such meeting shall be given, the authorized use of proxies, and the quorum required for the transaction of business at such meeting shall correspond to the requirements for meetings of the Association.
(iii) The consent of the Lot Owners required to approve said amendments shall be
obtained by affirmative vote, written consent, or a combination thereof. A meeting of the Lot Owners shall not be required in the event that the requisite approval of the Lot owners is obtained by written consent. The required consent of Declarant shall be in writing.
Page 23
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- 00€49
No amendment to the provisions of this Declaration shall alter, modify, change or rescind any right, title, interest or privilege herein granted or accorded to the holder of any mortgage affecting any Lot unless such holder shall consent thereto in writing. The written consent thereto of any mortgage holder affected thereby shall be filed with such amendment. Every purchaser or grantee of any interest in any real property now or hercafter subject to this Declaration, by
acceptance of a deed or other conveyance therefor, thereby agrees that this Declaration may be amended as provided in this Section. No amendment shall become effective until filed with the Clerk of the Superior Court of Oconee County, Georgia.
Section 8. Interpretation. In all cases, the provisions set forth or provided for in this Declaration shall be construed together and given that interpretation or construction which will best effect the intent of the general plan of development. The provisions hereof shall be liberally interpreted and, if necessary, they shall be so extended or enlarged by implication as to make them fully effective.
Section 9. Gender and Grammar. The singular whenever used herein shall be construed to mean the plural when applicable, and the use of the masculine pronoun shall include the neuter
Section 10. 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 property shall be prohibited or held invalid, such
prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and to this end the
Section 11. 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.
Section 12. Special Provision Pertaining to Common Area Property and Control by the Association. Certain parcels have been delineated on the Plat as Green Space or Common Area (the Common Property). The Common Property has been conveyed to the Association
contemporaneously herewith. This conveyance is subject to the Conservation Easement in favor of the Rowan Oak Natural and Scenic Charitable Corporation, Inc., a Georgia Non-Profit
Corporation, recorded contemporaneously herewith, or any additional open space areas or Green space Buffer easements which are conveyed to the Rowan Oak Natural and Scenic Charitable Corporation, Inc. at a date after the recording of this Declaration for the benefit of the
Community. At such time as seventy-five (75%) percent of the Lots have been sold to owners other than the builders building houses for sale to owners, control of the Association shall be delivered to the Lot Owners. The private drives located in the development have been conveyed to the Association contemporaneously herewith.
Section 13. Preparer. This Declaration was prepared by Russell T. Quarterman, Cecilia P. Mercer and Alec R. Hodson of Russell T. Quarterman, P.C., Attorneys at Law, 1671
Meriweather Drive, Suite 103, Bogart, Georgia, 30622.
Page 24
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00850
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this instrument under its seal this 2o1 day of March, 2005.
RIC LAND DEVELOPMENT, INC.
By:
Signed, sealed and Attest: _(SEAL) delivered in the
presence of:
M. EVANS
Anness
Eva M. Evanl NOTARL
Jotary Publi
This the 2o day of March, 200:
Rowan Oak Property Owners Association, inc! hereby consents to the provisions of these protective covenants as the same govern the private roads and common areas in the development.
ROWAN OAK
PROPERTY OWNERS ASSOCIATION, INC. on A set Jani frankstons Signed, sealed and Attest: _(SEAL) delivered in the
presence of:
Mada
rness
ava M. cuant
EVANS
NOTARL
TE COUNTY
....
24
.......
Page 25
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U0€51
EXHIBIT "A"
The property initially submitted under this Declaration includes:
First:
All those tracts or parcels of land, situate, lying and being in the 1331 District,
Oconce County, Georgia, located within the Courtyard at Rowan Oak, Phase I, a condominium development portion of a Master Planned Development under the provisions of the Georgia Condominium Act, as amended, of the State of Georgia (Georgia Laws 1975, p. 609, et. seq., as amended), being known and designated as Units 1010, 1020, 1040, 1050, 1041, 1051, 2000, 2010, 2040 and 2050, together with the common areas contained therein, including the buffer zones along the
exterior of the subdivision, amenity areas, and private roads serving the
Community, all as shown on that plat of survey dated January 14th, 2005, entitled "Condominium Plat for: The Courtyard at Rowan Oak, Phase I", by Phillip D.
Chastain, Georgia Registered Land Surveyor Number 2771, Sheets 1 & 2, said
Plat having been recorded March 17th, 2005 in the Office of the Clerk of Superior Court for Oconee County, Georgia at Plat Book 35, Pages 248-249, reference
being hereby made to said plat for a more complete description of the property
herein submitted.
The above described Unit numbers, as shown on the above referenced
Condominium Plat for The Courtyard at Rowan Oak, Phase I, dated January 14ạẠạiại 2005, correspond to the present system of numbering for addresses in Oconee
County, Georgia.
Second:
All of the numbered Lots contained in Rowan Oak, said Lots including Lots 1-65, a portion of a Master Planned Development and the common areas contained
therein, including the buffer zones along the exterior of the subdivision, amenity areas, and private roads serving Rowan Oak, as the same are more particularly
shown on a Plat of Survey dated March 17", 2005, entitled, "Final Plat For:
Rowan Oaki, sheets 1-3, by Woods and Chatain Surveyors, Inc., said Plat having been recorded in the Office of the Clerk of Superior Court for Oconce County,
Georgia, at Plat Book 35, Pages 265 - 267.
25
......
Page 26
00798
00652
10€52
Exhibit B
Fence Guidelines
Type 1
2 +4 kal1
Le v'le POST
-1 x CP MabETTS : (NO GAPO)
1x 0
8 of 11
Page 27
00798
00653
00253
Fence Guidelines
Type 3
Ar't Port W/ APPLIED FINAL
1:4 PlatEtts
Intèrior lot fencing A
Type 4
+x 4 Posit
SEVELLED END H/ CIRCLE CUT OH TS
1+ + FAIL
Interior lot fencing B
9 of 11
Page 28
00798
00654
00€54
Fence Guidelines
Type 5
FOST - PENCE 4' or 5' high subject to sub-neighborhood specificatons
Type 6
Brick Pier 4° of 5' high :
subjext to neighborhood Stucco Pici
specifications
10 of 11
Page 29
00798
00655
#0€55
Fence Guidelines
TYPE 7
PLAN VIEW
SIDE VIEW FRONT VIEW
POSITIVE ARCH SOLID BOARD FENCE
11 of 11
Page 30
DOC# 001801
FILED IN OFFICE 04/22/2011 11:32 AM EK: 1090 PG: 671-672 ANGELA WATSON
After Recording Return to: CLERK OF SUPERIOR J.V. Dell, P.C. COURT
1041 Founders Row, Suite A OCOMEE COUNTY
Greensboro, Georgia 30642
c/m# 1061-0001
Cross Reference:
Deed Book 798, Page 627 and
Deed Book 985, Page 28.
FIRST AMENDMENT TO
DECLARATION OF RESTRICTIONS AND COVENANTS
OF ROWAN OAK SUBDIVISION
THIS FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS AND COVENANTS OF ROWAN OAK SUBDIVISION (herein called the "Amendment') is made this 28i day of March, 2011 by Rowan Oak Property Owners Association, Inc. (hereinafter "ROPOA"), a Georgia non-profit corporation.
WITNESSETH:
WHEREAS, RIC Land Investments, Inc. f/k/a RJC Land Development, Inc. the original developer (hereinafter "Declarant") of Rowan Oak subdivision recorded that certain Declaration Of Restrictions And Covenants Rowan Oak at Deed Book 798, Pages 627 - 655, supplemented by that certain Supplemental Declaration To The Declaration Of Restrictions And Covenants Of Rowan Oak For The Purposes Of Submitting Phase Two Thereto at Deed Book 985, Pages 28 - 31, Oconee County, Georgia records (hereinafter collectively "Covenants"); and
WHEREAS, the Declarant has voluntarily relinquished its power and control under the Covenants and turned the same over to ROPOA; and
WHEREAS, on or about October 17, 2010, ROPOA held a properly called and noticed property owners association meeting (hereinafter "Meeting"); and
WHEREAS, one of the purposes of the Meeting as stated in the notice for the Meeting was to amend the Covenants to increase the minimum square footage of dwellings constructed in the subdivision; and
WHEREAS, the Covenants require the affirmative vote or written consent, or a combination thereof, of 75% of the Lot Owners to amend the Covenants; and
WHEREAS, there is 125 Lots subject to the Covenants; and
WHEREAS, 96 Lot Owners voted in favor of increasing the minimum square footage of dwellings constructed in the subdivision as provided herein.
- 1 -
n: \client\1061\0001 \covenants Ist amend.doc
Page 31
BK: 1090 PG:672
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby accepted, the Covenants are hereby amended as follows:
Article V, Section 7(a) of the Covenants is deleted in its entirety and replaced with the following language:
Article V. Section 7:
(a) All residential lots in the submitted property must contain the following minimum square feet of heated living space in any dwelling:
(1) Courtyard Section as shown on Plat Book 35, Page 248 as last revised at Plat Book 37, Page 186, Oconee County, Georgia records - a total of 2400 heated square feet of living space with at least 1800 heated square feet of living space on the first floor of any dwelling; (11) Phase I also known as the Oaks as shown on Plat Book 35, Page
265, Oconee County Georgia records - a total of 3600 heated square feet of living space with at least 2400 heated square feet of living space on the first floor of any dwelling; and
(iii) Phase II also known as the Estate or the Lakes as shown on Plat
Book 37, Page 34, Oconee County records - a total of 4500 heated square feet of living space with at least 3000 heated square feet of living space on the first floor of any dwelling.
Owners may request in writing to the Architectural Control Committee a waiver of this requirement. The Architectural Control Committee may under reasonable circumstances grant such a request where the resulting appearance of the Lot is likely to preserve the overall appearance, scheme, and design of the Community.
The recitals as set forth above are specifically incorporated herein as if they were set forth in full. Except as specifically herein changed the Covenants remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the undersigned have caused this Consent to be executed the day and year first herein written,
Signed, sealed and delivered Rowan Oak Property Owners Association, Inc. in the p
noficial Witness Kevin Price, President
Xana R
Notary Public My Commission ExAMINALI! Stephanie Huht, Secretary
(AFFIX NOTARY S NOTARL
5. 2015- - 2-
n: client\1061\0001 \covenan
Courtyard at Rowan Oak, Amendments
Page 1
DOC# 010338
FILED IN OFFICE
12/07/2005 12:22 PM
EK: 840 PG= 747-752
UPON RECORDING RETURN TO: ANGELA WATSON
Russell T. Quarterman, P.C. CLERK OF SUPERIOR
Attomeys and Counselors at Law COURT
1671 Menweather Drive, Suite 103 OCONEE COUNTY
Bogart, Georgia 30622
Phone: (706)543-7777
Facsimile: (706)543-1844
rigpel@negia.net
FIRST AMENDMENT TO THE CONDOMINIUM DECLARATION OF
THE COURTYARD AT ROWAN OAK, PHASE I AND THE DECLARATION OF
RESTRICTIONS AND COVENANTS FOR ROWAN OAK.
THIS AMENDMENT is made, executed, and recorded pursuant to O.C.G.A. §44-3-93,
for the purpose of amending the Declaration of Condominium of The Courtyard at Rowan Oak,
Phase I, said Declaration being filed in the Office of the Clerk of the Superior Court of Oconee
County at Deed Book 798, Pages 656-683, and, to the extent applicable, the Declaration of
Restrictions and Covenants for Rowan Oak recorded in the Office of the Clerk of Superior Court
for Oconcc County, Georgia, at Deed Book 798, Pages 627-655.
WREREAS, the undersigned Declarant, RJC LAND DEVELOPMENT, INC., a Georgia
Corporation, is desirous of amending the Declaration of Condominium of The Courtyard at
Rowan Oak, Phase I, and Declaration of Restrictions and Covenants for Rowan Oak so as to
submit additional Units thereto, and for other purposes; and
WHEREAS, the undersigned RJC LAND DEVELOPMENT, INC. and RJC
BUSINESSES, INC., together currently own all Units which presently constitute the
Condominium;
All of which both (1) meet and exceed the statutory two-thirds (2/3) requirement under
O.C.G.A. $44-3-93 (a)(1) of the required approval for amendment of the Condominium
Declaration; and (2) meet and exceed the requirements of the Declaration of Condominium for
The Courtyard at Rowan Oak, Phase I pertaining to required vote approval for amendment to the
Condominium Declaration; and
NOW THEREFORE, the Declaration is amended as follows:
1.
An amended Condominium Plat for Courtyard at Rowan Oak, Phase I, entitled,
"Amended Condominium Plat for: The Courtyard at Rowan Oak, Phase I', by Phillip D
Chastain, Georgia Registered Land Surveyor Number 2771, Sheets 1 & 2, said Plat being dated
January 14ạ 2005, and amended November 18th, 2005, has been filed herewith with this
Amendment in the Office of the Clerk of Superior Court for Oconee County, Georgia at Plat
Book 3 Pages [3Q - 131. Said Plat shows the locations of all twelve (12) current Units in the
Condominium, specifically being Units 5 (formerly Unit 1041), 32 (formerly Unit 2050), 33
(formerly Unit 2040), 50, 51, 55, 56, 58 (formerly Unit 2000), 59 (formerly Unit 2010), 60, 61
840/747
Page 2
BK:840 PG=748
2.
Units 1010, 1020, 1040, 1050 and 1051, as shown that plat of survey dated January 14iại 2005, entitled "Condominium Plat for: The Courtyard at Rowan Oak, Phase I', by Phillip D. Chastain, Georgia Registered Land Surveyor Number 2771, Sheets 1 & 2, said Plat having been recorded March 17th, 2005 in the Office of the Clerk of Superior Court for Oconee County, Georgia at Plat Book 35, Pages 248-249, were shown in error and are hereby and thereforc removed from submission to the Condominium. The boundaries of said former Units 1010, 1020, 1040, 1050 and 1051, as same appear in said January 14", 2005 Plat, shall hereafter constitute common area, as defined in the Declaration, and subject to the future placement of Units, pursuant to the Declaration.
3.
Units 5 (formerly Unit 1041), 32 (formerly Unit 2050), 33 (formerly Unit 2040), 50, 51, 55, 56, 58 (formerly Unit 2000), 59 (formerly Unit 2010), 60, 61 and 62 are hereby submitted to the Condominium, to the extent same have not already been done so via the original filing of the Declaration.
4.
Units 5 (formerly Unit 1041), 32 (formerly Unit 2050), 33 (formerly Unit 2040), 50, 51, 55, 56, 58 (formerly Unit 2000), 59 (formeriy Unit 2010), 60, 61 and 62, shall each have a 1/12, or 8.33% undivided interest in the Common Elements. Provided, however, these interests shall be amended from time to time upon the continued addition of Units to the Condominium via subsequent amendments to this Declaration and the filing of amended condominium Plats, as provided in the Declaration.
S.
§ 6 of the Declaration is amended to add the following language. Notwithstanding any provision in this Declaration to the contrary, in the event that the actual physical location of the improvements located on a Unit or Units vary from those shown on the Plats of the
Condominium, then the actual boundary of the Unit shall be that of the improvements.
Page 3
EK=840 PG:749
§ 6 of the Declaration is amended to add the following language. Notwithstanding any provision in this Declaration to the contrary, prior to the sale of a Unit, the Declarant and/or Declarant's assigns or designees may adjust the boundaries of that Unit and/or its Limited Common Area anywhere within the common area by the filing of an amendment to the Declaration and by filing an amended Plat showing said relocation.
7.
All other provisions of the Condominium Declaration, Condominium Instruments and Declaration of Restrictions and Covenants for Rowan Oak not amended herein shall remain unchanged and in full force and effect.
8.
All unit owners and mortgagees hereby consent to the provisions of this Amendment, and acknowledge actual and/or constructive notice of same, and therefore no further consent from existing and future unit owners and mortgagees shall be required to effectuate the terms and conditions contained herein.
To the extent the Unit number changes and other terms and conditions contained herein in this Amendment relate to the Declaration of Restrictions and Covenants for Rowan Oak, recorded in the Office of the Clerk of Superior Court for Oconce County, Georgia, at Deed Book 798, Pages 627-655, then that instrument shall also be, and hereby is, amended.
**SIGNATURES CONTINUED ON FOLLOWING PAGE**
Page 4
BK:840 PG:750
IN WITNESS WHEREOF, the undersigned do hereby set their hands and seals, this the 18th day of November, 2005.
Declarant
RJC LAND DEVELOPMENT, INC.
on Reat on Presentin Signed, sealed and Attest: _(SEAL) delivered in the
[Corporate Seal]
Notary Public
This the/dayor Nov _, 2005.0
V8VO
Approved By:
RJC BUSINESSES, INC.
Signed, sealed and Attest: _(SEAL) delivered in the
presence of:
[Corporate Seal]
Witness
This the Hay or Nov. Notary Pub
, 2005
Page 5
EK=840 PG:751
**SIGNATURES CONTINUED ON FOLLOWING PAGE**
Approved By:
THE COURTYARD AT ROWAN OAK CONDOMINIUM ASSOCIATION, INC. Put in fendent _(SEAL)› Signed, sealed and Attest: (SEAL) delivered in the
presence of:
[Corporate Seal]
Witness
This Pray of Nov pos.
Page 6
BK:840 PG:752
STATE OF GEORGIA
COUNTY OF OCONEE
MORTGAGEE APPROVAL OF FIRST AMENDMENT TO CONDOMINIUM
DECLARATION OE
THE COURTYARD AT ROWAN OAK, PHASE I
The within and foregoing First Amendment is hereby approved by the Undersigned Mortgagee of Real Property and Improvements located in The Courtyard of Rowan Oak, Phase I.
Signed, sealed and delivered
in the presence of:
60 2. 10 OCONEE STATE BANK
Unofficiay W
By:_ (SEAL.) • NOTARY PUBLIC
As Its: SUP
2 200
[Corporate Seal]
Page 7
DOC# 005044
FILED IN OFFICE 06/25/2007 12:48 PM BK: 934 . PG:127-129 RUSSELL T. QUARTERMAN, P.C. ANGELA WATSON
Attorneys and Counselors at Law CLERK OF SUPERIOR c/o Alce R. Hodson, Esq. COURT
1671 Meriweather Drive, Suite 103 OCONEE COUNTY
Bogart, Georgia 30622
Phone: (706)543-7777
Facsimile: (706)543-1844
arhodsondenegia.net
THIRD AMENDMENT TO THE CONDOMINIUM DECLARATION OF
THE COURTYARD AT ROWAN OAK, PHASE I AND THE DECLARATION OF
RESTRICTIONS AND COVENANTS FOR ROWAN OAK.
THIS AMENDMENT is made, executed, and recorded for the purposc of amending the Declaration of Condominium of The Courtyard at Rowan Oak, Phase I, said Declaration being filed in the Office of the Clerk of the Superior Court of Oconee County at Deed Book 798, Pages 656-683, as amended, and, to the extent applicable, amending the Declaration of Restrictions and Covenants for Rowan Oak recorded in the Office of the Clerk of Superior Court for Oconce County, Georgia, at Deed Book 798, Pages 627-655.
WHEREAS, in accordance with the Declaration of Condominium of The Courtyard at Rowan Oak, Phase I, and the Declaration of Restrictions and Covenants for Rowan Oak, as same are amended, (the Declarations), the undersigned RJC LAND INVESTMENTS, INC., f/k/a RIC LAND DEVELOPMENT, INC., a Georgia Corporation, as original Declarant, and
WILLCO DEVELOPMENT PROPERTIES, INC., as successor to Deciarant and as fee title hoider, are desirous of amending said Declarations, so as to submit additional Units thereto, and for other purposcs; and
NOW THEREFORE, the Declaration is amended as follows:
1.
An amended Condominium Plat for Courtyard at Rowan Oak, Phase I, entitled,
"Amended Condominium Plat for: The Courtyard at Rowan Oak, Phase I', by Phillip D.
Chastain, Georgia Registered Land Surveyor Number 2771, last revised June 94, 2007, has been filed herewith with this Amendment in the Office of the Clerk of Superior Court for Oconce County, Georgia at Plat Book 31, Pages 38-39. Said Plat shows the locations of all current Units submitted to the Condominium to date, and that of the Units submitted hercunder in
2.
Units 25, 26, 28, 29, and 30, as Depicted on the abovedescribed Plat are hereby
submitted to the Condominium and bercafter shall be understood and construed as embracing all terms and conditions, rights, responsibilities and restrictions contained in the Deciarations.
Page 8
BK: 934 PG=128
3.
Hercafter, until further Units are added to the Condominium, each Unit shall have a 1/18, or 5.55% undivided interest in the Common Elements. Provided, however, these interests shall be amended from time to time upon the continued addition of Units to the Condominium via subsequent amendments to this Declaration and the filing of amended condominium Plats, as provided in the Declaration.
4.
In the event that the actual physical location of the improvements located on the Unit submitted herein deviates from that depicted on the Plats, then the actual boundary of the Unit shall be that of the improvements.
As has already been provided in the Declarations, as amended, the constituent Rowan Oak Associations, all unit owners and mortgagees have previously consented to the addition of Units as is made herein, and shall be made via future amendments hercunder, and have
acknowledged constructive notice of same, and therefore no further consents are, or need be annexed hercto to effectuate the terms and conditions contained herein.
6.
To the extent that the terms and conditions contained herein in this instrument relate to the Declaration of Restrictions and Covenants for Rowan Oak, recorded in the Office of the Clerk of Superior Court for Oconce County, Georgia, at Deed Book 798, Pages 627-655, then that instrument shall also be, and hereby is, amended.
7.
All other provisions of the Condominium Declaration, as amended, the Condominium Instruments and the Declaration of Restrictions and Covenants for Rowan Oak not amended herein shall remain unchanged and in full force and effect.
**SIGNATURES CONTINUED ON FOLLOWING PAGE**
Page 9
BK: 934 PG=129
IN WITNESS WHEREOF, the undersigned do hereby set their hands and seals, this the 22™d day of Junc, 2006.
Declarant
RJC LAND INVESTMENTS, INC.
Jik/a RJC LAND DEVELOPMENT, INC.
Signed, sealed and delivered in the
presence of:
By: fair, Ca
Witness
*er Attest:
Notary Publico
[Corporate Seal]
WILCO DEVELOPMENT PROPERTIES, INC Signed, scaled and delivered in the
presence of:
By: (SEAL) Witness
017800
Attes _(SEAL) Notary Pubio
This the 22 dãy, at/ung, 2007:
[Corporate Seal]
***
Page 10
DOC# 000689
FILED IN OFFICE 02/01/2008 03:50 PM BK: 962 PG: 558-560 RUSSELL T. QUARTERMAN, P.C. COURT OF SUPERIOR Attorneys and Counselors at Law
c/o Alec R. Modson, Exq. OCONEE COUNTY
1671 Meriweather Drive, Suite 103
Bogart, Georgia 30622
Phone: (706)543-7777
Facsimile: (706)543-1844
erhodson@negia.nel
FOURTH AMENDMENT TO THE CONDOMINIUM DECLARATION OF THE COURTYARD AT ROWAN OAK, PHASE I AND THE DECLARATION OF
RESTRICTIONS AND COVENANTS FOR ROWAN OAK.
THIS AMENDMENT is made, executed, and recorded for the purpose of amending the Declaration of Condominium of The Courtyard at Rowan Oak, Phase I, said Declaration being iled in the Office of the Clerk of the Superior Court of Oconce County at Deed Book 798, Pages 656-683, as amended, and, to the extent applicable, amending the Declaration of Restrictions and Covenants for Rowan Oak recorded in the Office of the Clerk of Superior Court for Oconce County, Georgia, at Deed Book 798. Pages 627-655.
WHEREAS, in accordance with the Declaration of Condominium of The Courtyard at Rowan Oak, Phase I, and the Declaration of Restrictions and Covenants for Rowan Oak, as same are amended, (the Declarations), the undersigned RJC LAND INVESTMENTS, INC., f/k/a RJC LAND DEVELOPMENT, INC., a Georgia Corporation, as original Declarant, and
WILLCO DEVELOPMENT PROPERTIES, INC., as successor to Declarant and as fee title holder, are desirous of amending said Declarations, so as to submit additionai Units thereto, and
NOW THEREFORE, the Declaration is amended as follows:
An amended Condominium Plat for Courtyard at Rowan Oak, Phase L, entitled,
"Amended Condominium Plat for: The Courtyard at Rowan Oak, Phase In, by Phillip D.
Chastain, Georgia Registered Land Surveyor Number 2771, last revised January 23 , 2008, has been filed herewith with this Amendment in the Office of the Clerk of Superior Court for Oconce County, Georgia at Plat Book37, Pages (SC_-1S]. Said Plat shows the locations of all current Units submitted to the Condominium to date, and that of the Units submitted hercunder in Paragraph 2.
2.
Units 13, 17, and 21, as Depicted on the above described Plat are hereby submitted to the Condominium and hereafter shall be understood and construed as embracing all terms and conditions, rights, responsibilities and restrictions contained in the Declarations.
Page 11
BK:962 PG:559
3.
Hereafter, until further Units are added to the Condominium, cach Unit shall have a 1/21, or 4.76% undivided interest in the Common Elements. Provided, however, these interests shall be amended from time to time upon the continued addition of Units to the Condominium via subsequent amendments to this Declaration and the filing of amended condominium Plats, as provided in the Declaration.
4.
In the event that the actual physical location of the improvements located on the Unit submitted herein deviates from that depicted on the Plats, then the actual boundary of the Unit shall be that of the improvements.
5.
As has already been provided in the Declarations, as amended, the constituent Rowan Ouk Associations, all unit owners and mortgagees have previously consented to the addition of Units as is made herein, and shall be made via future amendments hereunder, and have
acknowledged constructive notice of same, and therefore no further consents are, or need be annexed hereto to effectuate the terms and conditions contained herein.
6.
To the extent that the terms and conditions contained hercin in this instrument relate to the Declaration of Restrictions and Covenants for Rowan Oak, recorded in the Office of the Clerk of Superior Court for Oconee County, Gorgia, at Deed Book 798, Pages 627-655, then that instrument shall also be, and herby is, amended.
All other provisions of the Condominium Declaration, as amended, the Condominium Instruments and the Declaration of Restrictions and Covenants for Rowan Oak not amended herein shall remain unchanged and in full force and effect.
**SIGNATURES CONTINUED ON FOLLOWING PAGE**
.......
Page 12
BK:962 PG=560
IN WITNESS WHEREOF, the undersigned do hereby set their hands and seals, this the 1* day of February, 2008.
Declarant
RIC LAND INVESTMENTS, INC.
fik/a RJC LAND DEVELOPMENT, INC.
Signed, sealed and delivered in the
presence of/
By:
GARITHE A
CARY
Notary Public
This the I" day of Rebraar
[Corporate Seal]
ONEE C-
Signed, i and delivered in the WILLCO DEVELOPMENT PROPERTIES INC
SEAL
Notary Public _(SEAL) This the 1" day of Febru 2008.
PUS {Corporate Seal]
Page 13
DOC# 002218
FILED IN OFFICE 04/01/2008 12:58 PM BK: 971 PG=49-51 RUSSELL T. QUARTERMAN, P.C. CALK OF SUPERIOR Attorneys and Counselors at Law
c/o Alce R. Hodson, Esq.
1671 Meriweather Drive, Suite 103 OCONEE COUNTY
Bogart, Georgia 30622
Phone: (706)543-7777
Facsimile: (706)543-1844
arhodson(umegia.net
FIFTH AMENDMENT TO THE CONDOMINIUM DECLARATION OF
THE COURTYARD AT ROWAN OAK, PHASE I AND THE DECLARATION OF
RESTRICTIONS AND COVENANTS FOR ROWAN OAK.
THIS AMENDMENT is made, executed, and recorded for the purpose of amending the Declaration of Condominium of The Courtyard at Rowan Oak, Phase I, said Declaration being filed in the Office of the Clerk of the Superior Court of Oconee County at Deed Book 798, Pages 656-683, as amended, and, to the extent applicable, amending the Declaration of Restrictions and Covenants for Rowan Oak recorded in the Office of the Clerk of Superior Court for Oconce County, Ccorgia, at Deed Book 798, Pages 627-055.
WHEREAS, in accordance with the Declaration of Condominium of The Courtyard at Rowan Oak, Phase I, and the Declaration of Restrictions and Covenants for Rowan Oak, as same are amended, (the "Declarations'), the undersigned RJC LAND INVESTMENTS, INC., f/k/a RIC LAND DEVELOPMENT, INC., a Georgia Corporation, as original Declarant, and
WILLCO DEVELOPMENT PROPERTIFS, INC., as successor to Declarant and as fee title holder, are desirous of amending said Declarations, so as to submit additional Units thereto, and for other purposes; and
NOW THEREFORE, the Declaration is amended as follows:
1.
An amended Condominium Plat for Courtyard at Rowan Oak, Phase 1, entitied,
"Amended Condominium Plat for: The Courtyard at Rowan Oak, Phase I", by Phillip D.
Chastain, Georgia Registered Land Surveyor Number 2771, last revised March 44, 2008, has been filed herewith with this Amendment in the Office of the Clerk of Superior Court for Oconce County, Georgia at Plat Book37, Pages (8b_-18Z. Said Plat shows the locations of all current Units submitted to the Condominium to date, and that of the Unit submitted hercunder in
Paragrapl 2.
2.
Unit 20, as Depicted on the above described Plat is hereby submitted to the
Condominium and hercafter shall be understood and construed as embracing all terms and conditions, rights, responsibilities and restrictions contained in the Declarations.
Page 14
BK: 971 PG:50
3.
Hereafter, until further Units are added to the Condominium, cach Unit shall have a 1/22, or 4.54% undivided interest in the Common Elements. Provided, however, these interests shall be amended from time to time upon the continued aadition of Units to the Condominium via subsequent amendments to this Declaration and the filing of amended condominium Plats, as provided in the Declaration.
4.
In the event that the actual physical location of the improvements located on the Unit submitted herein deviates from that depicted on the Plats, then the actual boundary of the Unit shall be that of the improvements.
As has already been provided in the Declarations, as amended, the constituent Rowan Oak Associations, all unit owners and mortgagees have previously consented to the addition of Units as is made herein, and shali be made via future amendments hereunder, and have acknowiedged constructive notice of same, and therefore no further consents are, or need be annexed hereto to effectuate the terms and conditions contained herein.
To the extent that the terms and conditions contained herein in this instrument relate to the Declaration of Restrictions and Covenants for Rowan Oak, recorded in the Office of the Clerk of Superior Court for Oconce County, Gorgia, at Deed Book 798, Peges 627-655, then that instrument shall also be, and hereby is, amended.
7.
All other provisions of the Condominium Declaration, as amended, the Condominium Instruments and the Declaration of Restrictions and Covenants for Rowan Oak not amended herein shall remain unchanged and in full force and effect.
**SIGNATURES CONTINUED ON FOLLOWING PAGE**
Page 15
BK:971 PG:51
IN WITNESS WHEREOF, the undersigned do hereby set their hands and scals, this the 28h day of March, 2008.
Declarant
RIC LAND INVESTMENTS, INC.
J/k/a RJC. LAND DEVELOPMENT. INC.
Signed, sealed and delivered in the
presence of:
Ole lea By: SAÜS
CARI
President
_(SEAL) Notary Public
This the 28" day f
YEE COU [Corporate Seal]
WILLCO DEVELOPMENT PROPERTIES, INC. Signed, sealed and delivered in the
presence of:
(SEAI.) Witness
PresidEnt
- (SEAL) Notary Public
This the 28" day of Mặrch,
2 UBLIC Corporate Seal]
Page 16
DOCH 001316
FILED IN OFFICE 03/16/2012 09:25 AM BK: 1129 PG=104-106 ANGELA WATSON
After Recording Return To: CLERK OF SUPERIOR G. Marcus Hodge COURT
Fortson, Bentley & Griffin, P.A. OCONEE COUNTY
2500 Daniell's Bridge Road
Building 200, Suite 3A
Athens, Ga 30606
ATTENTION CLERK OF COURT:
Please cross index with Deed Book 798, page 656, Oconce County, Georgia Deed Records
SIXTH AMENDMENT TO DECLARATION OF CONDOMINIUM
OF THE COURTYARD AT ROWAN OAK, PHASE I
IN OCONEE COUNTY, GEORGIA
THIS Sixth Amendment to the Declaration of Condominium of The Courtyard at Rowan Oak, Phase I, in Oconce County, Georgia is made this _14th day of March, 2012, by Real Estate Holdings Georgia, Inc., a Georgia corporation, as Successor Declarant and is made for the purpose of amending the hereinbelow
described Declaration of Condominium of The Courtyard at Rowan Oak, Phase I, in Oconee County, Georgia, as amended (hereinafter referred to as the "Declaration").
WITNESSETH:
WHEREAS, RJC Land Development, Inc. submitted certain real property in Oconce County, Georgia, to the Declaration of Condominium of The Courtyard at Rowan Oak, Phase I, in Oconee County, Georgia, being dated March 20, 2005, and being recorded in the Office of the Clerk of the Superior Court of Oconee County, Georgia, in Deed Book 798, page 656; and
WHEREAS, the Declaration was amended by First Amendment to the Condominium Declaration of The Courtyard at Rowan Oak, Phase 1 dated November 18, 2005, and recorded in Deed Book 840, page 747, said Clerk's Office; and
WHEREAS, the undersigned finds of record no Second Amendment to the Declaration and is not aware that any such Second Amendment exists; and
WHEREAS, the Declaration was further amended by Third Amendment to the Condominium
Declaration of The Courtyard at Rowan Oak, Phase I dated June 22, 2006, and recorded in Deed Book 934, page 127, said Clerk's Office; and
WHEREAS, the Declaration was further amended by Fourth Amendment to the Condominium
Declaration of The Courtyard at Rowan Oak, Phase I dated February 1, 2008, and recorded in Deed Book 962, page 558, said Clerk's Office; and
WHEREAS, the Declaration was further amended by Fifth Amendment to the Condominium
Declaration of The Courtyard at Rowan Oak, Phase I dated March 28, 2008, and recorded in Deed Book 971, page 49, said Clerk's Office; and
Page 1 of 2
Page 17
EK:1129 PG:105
WHEREAS, Real Estate Holdings Georgia, Inc., as Successor Declarant by virtue of that certain Deed Under Power of Sale by and between Oconee State Bank as attorney in fact for Willco Development Properties, Inc. and Real Estate Holdings Georgia, Inc. dated February 7, 2012, recorded in Deed Book 1125, page 478, in the Office of the Clerk of the Superior Court of Oconee County, Georgia, is desirous of expanding the condominium by submitting additional Units thereto pursuant to the terms of the Declaration and O.C.G.A. Section 44-3-89.
NOW THEREFORE, for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the Declaration is amended, modified and changed as follows:
1. The real property described on the attached Exhibit "A" including the improvements constructed or to be constructed thereon are hereby subjected and submitted to the provisions of the Declaration and shall be held, sold, transferred, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants and restrictions set forth therein.
2. From the effective date of this Sixth Amendment, and subject to reallocation as described in the Declaration, each Unit shall have a 1/58h or 1.724% undivided interest in the common elements, votes in the association, and liabilities for future common expenses all in accordance with the provisions of the Declaration.
3. In the event the actual physical location of the improvements constructed on or within a Unit submitted herein deviates from the boundaries or locations depicted on the Plat described on Exhibit "A", then the legal description of the vertical boundaries of such Unit or Units shall be that of the improvements as constructed.
4. Except as modified herein, Real Estate Holdings Georgia, Inc., as Successor Declarant hereby ratifies and republishes all provisions of the Declaration.
IN WITNESS WHEREOF, the duly authorized officer of the Successor Declarant has set its hand and affixed its seal to this Sixth Amendment on the date and year first above written.
REAL ESTATE HOLDINGS GEORGIA, INC.,
a Georgia cor
B. Amrey Harden
As its: President
(CORPORATE SEAL) Signed, sealed and delivered
in the presence of:
Unofficial Witness
Notary Public
GEOR Page 2 of 2
SE COUNT:
Page 18
EK:1129 PG:106
EXHIBIT "AY
All those tracts or parcels of land, situate, lying and being in the 1331 District, G.M., Oconee County, Georgia, located within the Courtyard at Rowan Oak, Phase I, a condominium development under the provisions of the Georgia Condominium Act, as amended, of the State of Georgia (Georgia Laws 1975, p.609, et. seq., as amended), being shown and designated as Unit 1, Unit 3, Unit 4, Unit 6, Unit 7, Unit 8, Unit 9, Unit 10, Unit 11, Unit 12, Unit 14, Unit 15, Unit 16, Unit 18, Unit 19, Unit 34, Unit 36, Unit 37, Unit 38, Unit 39, Unit 41, Unit 42, Unit 43, Unit 44, Unit 46, Unit 47, Unit 48, Unit 49, Unit 52, Unit 53, Unit 54, Unit 57, Unit 63, Unit 64, Unit 65 and Unit 66, Courtyard at Rowan Oak, Phase 1, as shown on that certain plat of survey entitled, "Amended Condominium Plat for: The Courtyard at Rowan Oak, Phase I", by Woods Land Surveyors, Inc., Ray N. Woods, Georgia Registered Land Surveyor Number 2049, Sheets 1 & 2, said plat being dated January 14, 2005, and last revised February 16, 2012, same being filed in the Office of the Clerk of Superior Court for Oconee County, Georgia, at Plat Book 37, pages 511 and 512, reference to which is hereby for a more complete description thereof (the "Plat").
Courtyard at Rowan Oak, Declaration
Page 1
00798
00656 - 0ớ€56
FILED IN CLERK'S OFFICE
RUSSELL T. QUARTERMAN, P.C.
Attorneys and Counselors at Law 05 AFR 25 PM 4:57
1671 Meriweather Drive, Suite 103 798. 5561683
Bogart, Georgia 30622
Tel: (706) 543-7777 otasos
Facsimile: (706) 543-1844
rtqpc@megia.net
STATE OF GEORGIA
OCONEE COUNTY
DECLARATION OF CONDOMINIUM
THE COURTYARD AT ROWAN OAK, PHASE I
IN OCONEE COUNTY, GEORGIA
THIS DECLARATION is made, executed and recorded to submit the property hereinafter
described and the improvement thereon to the condominium form of ownership under the Georgia
Condominium Act.
1. SUBMISSION: RJC LAND DEVELOPMENT, INC., a Georgia Corporation, as the
owner of the property described that plat of survey dated January 14", 2005, entitled "Condominium
Plat for: The Courtyard at Rowan Oak, Phase Iạby Phillip D. Chastain, Georgia Registered Land
Surveyor Number 2771, Sheets 1 & 2, said Plat having been recorded March 17th, 2005 in the Office
of the Clerk of Superior Court for Oconee County, Georgia at Plat Book 35, Pages 248-249, and
described on Exhibit "A", attached hereto and made a part hereof by reference, does hereby submit
such property and the improvements constructed thereon pursuant to the provisions of the Georgia
Condominium Act, Act 463, Georgia Laws 1975, p. 609 as amended (the "Act"). From and after the
date this Declaration is recorded with the Clerk of the Superior Court of Oconee County, Georgia, such
property and all of the improvements constructed thereon, shall be owned, held, transferred, sold,
conveyed, used, occupied, mortgaged or otherwise encumbered subject to the terms and provisions of
this Declaration and of the Act.
2. DEFINITIONS: Unless the context requires otherwise the terms defined in the Act shall
have the same meanings for purposes of this Declaration as are described to them by the Act. In
addition, as used in this Declaration, the Articles of Incorporation, the Bylaws and the other
condominium instruments, the following terms shall have the meanings indicated hereinbelow, all of
such definitions being cumulative of these contained elsewhere in this Declaration.
(A) "Act' shall mean the Georgia Condominium Act, Act 463, Georgia Laws, 1975, p. 609,
as the same is or may be hereinafter amended.
798/656
Page 2
00798
00657
• 00€57
(B) "Articles of Incorporation" shall mean the Articles of Incorporation of the Association, as the same may be hereinafter amended.
(C) "Association" shall mean the Rowan Oak Condominium Owner's Association, Inc.,
a non-profit Georgia corporation, its successors and assigns, formed for the purpose of exercising the
powers of the Association under this Declaration, the Articles of Incorporation, the Bylaws, and the
Act.
(D) "Board of Directors" 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, the Bylaws, and the Act. The Board of Directors shall be the governing body of the Association.
(E) "Bylaws" shall mean the Bylaws of the Association, as the same may be hereafter
amended.
(F) "Declarant" shall mean RJC LAND DEVELOPMENT, INC., its successors and assigns.
(G) "First Lien Mortgage" shall mean a mortgage, a deed to secure debt or deed of trust on a unit and its undivided interest in the common elements which gives to the holder thereof a first and
superior lien and security title on and to such unit and undivided interest.
(H) "The Property" means that tract or parcel of land and all improvements thereon
described on the Condominium Plat for The Courtyard at Rowan Oak, Phase I, herein in this
Declaration, and as shown on Exhibit "A", hereto attached and by referenced incorporated herein.
Unit. Common Area, Etc.
NAME: The name of the Condominium is The Courtyard at Rowan Oak, Phase I.
4. COUNTY: The Condominium is located in Oconee County, Georgia.
DEVELOPMENT PLAN: The development plan for the condominium is hereinafter
described:
(A) Development of The Courtyard at Rowan Oak, Phase I. Pursuant to aRM-2 Master Planned Development zoning designation for the subject property, The greater Rowan Oak
development will consist of owner occupied single family detached, two family attached, and
townhouse (three or more units attached) homes. The portion of the Greater Rowan Oak
development submitted herein under the condominium form of ownership as Phase I consists of the
Page 3
00798
00658
- 00€58
that portion of the Rowan Oak Development located along the northern right-of way of Rocky Branch Road, including Units 1010, 1020, 1040, 1050, 1041, 1051, 2000, 2010, 2040 and 2050, the common areas, including the buffer zones along the perimeter of the subdivision, the amenity areas, and private roads serving the Community, all as described herein or as shown in that Plat.
Pursuant to the Master Planned Development Ordinance approved for the development by
the Government of Oconee County, Georgia, a total of sixty-six (66) single family-attached
Condominium Units may be included in the Condominium in all Phases, including those ten (10)
Units submitted herein in Phase I and shown on the Plat, or such greater number as may later be
approved by the Government of Oconee County, Georgia.
Therefore, from time to time as additional Phases of Unit construction are completed in the
Courtyard at Rowan Oak, up to an additional fifty-five (55) units shall be submitted under this
Declaration by the recording of a revised Condominium Plat and Plans for said additional unit(s) to
be submitted, along with an Amendment to this Declaration. Additional units shall be located along
the rights-of-way of Cambridge Square, Queens Road, Prince Place, Royal Row, Knights Place, and
Buckingham Court, as are the initial ten (10) units submitted herein in Phase I.
Each unit contains an interest in a certain parcel of land. The above described Condominium
Plat for The Courtyard at Rowan Oak, Phase I, shows the location and dimensions of the property,
the locations and dimensions of all completed structural improvements located on the property, to
the extent feasible, the location of easements to which the property is subject, the identifying
numbers of the submitted units located on the property and the location and dimension of any
completed limited common elements appurtenant to a unit or units.
(B) Option to Submit Additional Phases, Pursuant to the approval of the Government of Oconee County, Georgia, the Declarant hereby reserves the option to submit additional Units under
this Declaration, to be exercised in its sole discretion. This option may be exercised by the Declarant
in accordance with the following conditions and limitations which are the only conditions and
limitations on such option:
(i) In accordance with the Official Code of Georgia (O.C.G.A.) §44-3-77, the option may be
exercised for a period of seven (7) years from the date of this Declaration; provided, however, that the unit owners to which at least two thirds of the votes in the Association appertain, exclusive of
any vote or votes appurtenant to any unit or units then owned by the Declarant, may consent to the
Page 4
00798
00659
00€59
extension of such option within one year prior to the date upon which the option will expire.
(ii) The metes and bounds boundaries of the Property to which additional units may be
submitted hereunder are the same as the outer metes and bounds of the Condominium shown on the
Plat and more particularly described in Exhibit "A", attached hereto. Portions of such property may
be added at different times as required for the development of the additional Phases, and there are
no limitations fixing the boundaries of such portions or regulating the order in which such portions may be added to the Condominium. As stated above, under the present approval by Oconee County, Georgia, the maximum number of units that may exist within the Condominium is sixty-six (66).
(I11) There are no limitations with respect to the location of any Unit or improvement thereon
to be located on any portion of the property that may be submitted in additional Phases except as
provided in (B)(2) above.
(iv) All additional units created in additional Phases on the property or portions thereof will
be restricted to the uses set out in Article 14 herein.
(v) No assurances are made that any of the structures to be constructed in additional Phases
or any portion thereof will be substantially identical to structures on the Phase I property.
(vi) The improvements made on additional Phases shall be limited to units for residential use,
street use, driveways, parking areas, and utility systems relating to such units, or any other approved
use under the approved Master Planned Development ordinance for Rowan Oak. Provided, however,
that the Declarant, its authorized agents, representatives, and employees shall have an easement for the maintenance of signs, a sales office, a business office and model residences on the property,
together with such other facilities as, in the opinion of the Declarant, may be reasonably required or convenient to the construction, completion, development or sale of units on the property as long as the Declarant owns any units or land within the property.
(vii) The Declarant reserves the right to create certain limited common elements appertaining to units in additional Phases and to designate common elements within the additional Phases, or portions thereof, which may subsequently be designated as limited common elements and there are no limitations on the Declarant's right to create or design limited common elements as aforesaid within the additional Phases or portions thereof.
(viii) Should the options set forth herein not be exercised or extended within the term
specified, such options shall in all respects expire and be of no further force or effect and in such an
Page 5
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00660
event the Declarant shall not be obligated to submit additional Phases or any portions thereof hereto, any covenants, conditions or restrictions the same or similar to those contained herein.
(ix) The option reserved by this Article may be exercised by the Declarant only by the execution by the Declarant of an amendment to this Declaration which shall be filed for record in
the Office of the Clerk of Superior Court of Oconee County, Georgia, together with a revised survey
be submitted to this Declaration by such amendment. Any such amendment shall expressly submit the Unit or Units, or portions thereof, to all of the provisions of this Declaration, as may be amended,
and upon that exercise, if any, of such option, the provisions of this Declaration shall then be
understood and construed as embracing the Phase I property and any all units added hereunder in
submission of the additional Phases to the act by such amendment to this Declaration:
(x) The undivided percentage interest in the common elements appertaining to each unit,
including the units located on the additional Phase or Phases, shall be calculated and divided
according to Article 9 herein.
(xi) The number of votes in the Association shall be recalculated pursuant to Article 10
herein; and
(xii) Each unit's share of the annual and special assessments shall be the percentage equal to such unit owner's percentage of the undivided interest in the common elements after reallocation pursuant to this article.
6. UNITS: The Courtyard at Rowan Oak, Phase I, consists often (10) Residential Units,
designated as Units 1010, 1020, 1040, 1050, 1041, 1051, 2000, 2010, 2040 and 2050, and the common areas, including the buffer zones along the perimeter of the subdivision, amenity areas, and
private roads serving the Community, all as shown on Plat of survey dated January 14ạ 2005, entitled "Condominium Plat for: The Courtyard at Rowan Oak, Phase I", by Phillip D. Chastain, Georgia Registered Land Surveyor Number 2771, Sheets 1 & 2, said Plat having been recorded March 17th, 2005 in the Office of the Clerk of Superior Court for Oconee County, Georgia at Plat
Book 35, Pages 248-249. Each unit together with its undivided interest in the common elements shall
for all purposes constitute a separate parcel of real property, which may be owned, held, transferred, sold, conveyed, used, occupied, mortgaged, or otherwise encumbered in the same manner as any other
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separate parcel of real property, subject to the provisions of this Declaration, the Covenants for Rowan Oak, and the Act. Each unit owner shall be entitled to the exclusive ownership and possession of the
unit or units owned by him, subject to the provisions of this Declaration, the Restrictive Covenants for
Rowan Oak, and the Act. Each unit shall include all of the space and improvements within the boundaries thereof. No unit shall be conveyed until said unit is completed and all disclosures have been
made required under this Declaration and under applicable law.
(A) Pursuant to O.C.G.A. § 44-3-75 (a)(4), for purposes of the Act only, structures, fixtures, and improvements within the boundaries of a unit shall not be deemed a part of the unit.
This provision is included for the sole purpose of compliance with O.C.G.A. § 44-3-83(a), which
prohibits the commencement of construction of structural improvements which constitute part of a
unit after recording of the plats. Notwithstanding the foregoing, for purposes of determining
ownership and for conveyancing, all buildings, fixtures, and other improvements located on the unit
shall be conclusively deemed to be permanently attached to the unit, and all references to the unit
in deeds, security deeds, and any other instrument shall be deemed to include all buildings, fixtures,
and other improvements located on the unit without regard to whether specific reference thereto is made therein, including eaves or other roof appendages attached to a structure located within the
boundary of a unit.
(B) Pursuant to O.C.G.A. § 44-3-75 (a)(3), if any chutes, flues, ducts, wires, bearing
walls, bearing columns, or any other apparatus are partially inside and partially outside of the designated boundaries of a unit, any portions thereof serving only that unit shall be deemed to be part of that unit, but any portions thereof serving more than one unit or any portions of the common
elements shall be deemed a part of the common elements, as defined herein in this Declaration.
(C) Boundaries: The boundaries for units shall be defined as follows:
The buildings that will be constructed in Phase I shall constitute single, detached and
attached units, the boundaries of which shall include all areas and improvements located within the
boundaries said unit or units, as shown on the Condominium Plat. The vertical boundaries are
designated on the Condominium Plat. There are no horizontal boundaries for the upper or lower boundaries of a unit. Phase I unit owners shall be responsible for specific unit maintenance
requirements as outlined in Section 15 of this Declaration. Each unit in Phase I, as shown on the Plat,
has a limited common area which adjoins the unit and is designated on said Plat as "Limited
Common Area, Typicaliại. The limited common area for each unit lies within the boundaries set forth
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on the Pat which lie adjacent to each unit. The Declarant or its successors in interest shall have the
right to adjust the location of the boundaries of any unit in prior to construction, so long as said adjustment of location remains within the boundary and or the limited common area for said unit or
units as designated on its corresponding Condominium Plat.
(D) Relocation of Boundarics Between Units: Prior to construction, the Declarant, or its successors in interest, shall have the right to adjust the location of the boundaries of any building in
Phase I, or on additional submitted Phases, so long as said adjustment of location remains inside the
common area designated said Phase. Any adjustment of boundaries set forth above shall be
evidenced by the preparation and filing of an amended condominium plat which specifically
describes the locations of said changes. Furthermore, in addition to the provisions set forth above, the boundaries between any adjoining units may be relocated from time to time. Said relocations are
to be made in accordance with Section 27 of the Act.
7. LIMITED COMMON ELEMENTS: The limited common elements are those portions of the common elements which are reserved for the exclusive use of those persons who are entitled to
the use of the units to which such limited common elements are assigned. The limited common
elements shall be assigned as follows:
(A) All portions of the common elements on which there is located any portion of the heating and air conditioning system serving a particular unit or units shall be limited common elements,
reserved for the exclusive use of those persons who are entitled to use the unit or units which is or are
served by such heating and air conditioning systems;
(B) There are no upper or lower horizontal boundaries;
Any and all areas designated as "Limited Common Areas appearing on the Plat shall
be limited common elements for the purposes of this Declaration.
8. ADDITIONAL LIMITED COMMON ELEMENTS: No portion of the common elements located on the property may be subsequently assigned as a limited common element, without the consent of the Owners of the two-thirds (2/3rds) of the units.
9. ALLOCATION OF UNDIVIDED INTEREST IN THE COMMON ELEMENTS: The
percentage of undivided interest in the Common Elements allocated for each unit is set forth in Exhibit "C".
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10. ALLOCATION OF VOTES IN THE ASSOCIATION: The owner of each unit in the
Condominium shall be entitled to that number of votes in the Association equivalent to the percentage of the undivided interest in the common elements allocated to that unit, subject to special provisions
dealing with the relationship between the Unit owners in the Courtyard at Rowan Oak, and the owners
of single family residential Lots located in other portions of the greater Rowan Oak Development, said
Owners being members of the Rowan Oak Property Owner's Association, Inc., as are the Owners of Units in the Condominium, all as more particularly shown on Exhibit "C", attached hereto and
incorporated hereby by reference. The persons entitled to exercise such votes at meetings of the
Association, the method by which such votes may be exercised and the rights and obligations generally
of members of the Association with regard to voting shall be in accordance with Section 44-3-79 of the
Georgia Condominium Act and this Declaration, as amended, the by-laws and the Covenants.
11. ALLOCATION OF LIABILITY FOR COMMON EXPENSES: Except as otherwise
provided for in this Declaration, each unit shall be allocated the liability for common expenses in
proportion to its undivided interest in the Common Elements. Provided, however, to reduce costs and
assessment burdons for condo Owners in the development, and because both Unit owners and owners
of single family residential Lots located in other sections of the greater Rowan Oak development all
share the common private streets located within the said greater Rowan Oak master planned
development, including both condominiumized and noncondominiumized sections of same, Unit
owners shall be assessed a proportional assessment for the maintenance and repair of said roads
calculated with and being the same as the assessment for noncondominiumized Lot owners for said
roads, taking into consideration all roads located in the greater master planned development.
12. POWERS OF THE ASSOCIATION AND BOARD OF DIRECTORS: The powers of
the Association and Board of Directors shall be as set forth, and shall be subject to the limitations and
restrictions set forth in the Act, the Georgia Non-Profit Corporation Act, this Declaration, the Articles
of Incorporation and the Bylaws of the Association.
13. PREPARER OF DECLARATION: This Declaration was prepared by Russell T. Quarterman, P.C., Attorneys at Law, 1671 Meriweather Drive, Suite 103, Bogart, Georgia, 30622.
14. RESTRICTIONS: In addition to those restrictions laid out in the Declaration of
restrictions and Covenants for Rowan Oak, as amended, including, but not limited to, Article V,
entitled "Building Restrictions, and Article VI, entitled "Use Restrictions", recorded in the Office of
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the Clerk of Superior Court for Oconee County, Georgia, for the purpose of assuring the maximum
enjoyment of the property by every unit owner and all of those persons entitled to occupy a unit, all of
the residents thereof, the use of the property shall be only in accordance with the following provisions:
(A) Use: All units shall be restricted exclusively to residential use. No unit or any limited
common element, or any portion thereof, shall at any time be used for any commercial, business or
professional purpose; provided that the Declarant may conduct sales and promotional activities on the
property with respect to units owned by it and may maintain such units as model units; and provided
further, that nothing contained in this Declaration shall be construed as prohibiting the use of units for
rental purposes. The common elements shall be used exclusively for the decorative, convenience and
service purposes for which they are intended.
(B) Parking: Only passenger automobiles or a pick-up truck of a load bearing capacity of
no more than one ton in operating condition with a then current effective liability insurance, license tag
and operating sticker may be parked upon or in parking areas and spaces. The Board of Directors may
cause property stored or parked in violation of the provisions of this Paragraph (B) to be moved at the
expense of the unit owner who parked or stored the same or whose lessee, employee, invitee, or invitee
parked or stored the same, or at the expense of the unit owner on whose behalf the same is parked or
stored, or who caused or permitted such parking or storage. The cost of removal and further storage
shall be assessed against the unit owner liable for such cost hereunder, provided, however, that
Declarant and its agents may park such trucks, vehicles or equipment in the parking area or common
elements as are necessary to complete construction or provide maintenance to any unit, common
element or limited common element.
Boats, trailers, trucks, motorcycles, mini-bikes, recreational vehicles or non-automobiles may be parked only in parking areas set aside by the Board of Directors for such purposes. These
restrictions on recreational vehicles or non-automobiles may be enforced by removal and storage in the same manner as for passenger automobiles, including the right of the Association to charge a fee for such removal and storage.
Provided, however, at the discretion of the Board specific parking spaces may be assigned and designated to individual units.
(C) Motorcycles, Motorscooters, Go-Carts: Go-Carts are prohibited from use on any part ofthe Property. Motorcycles (including motor bikes or minibikes), motor scooters, and similar vehicles
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may be used only on the streets and the paved common elements, and then only for transportation to
a unit and to leave the property, and not for recreation in itself or for joy riding.
(D) Prohibited Activities: No noxious or offensive activity shall be carried on in any unit,
or upon any limited common element or common element. Each unit owner, his employees, lessees,
invitees and guests, shall refrain from any act or use of his unit or limited common elements or
common elements, which could reasonably cause embarrassment, discomfort, annoyance, or nuisance
to any other occupant or occupants of the property.
(E) Nuisances: No rubbish or debris of any kind shall be dumped, placed, or permitted to accumulate upon any portion of the property so as to render any portion thereof unsanitary, unsightly,
offensive or detrimental to the other occupants of the property. No nuisance shall be permitted to exist
or operate upon any portion of the property. Without limiting the generality of any of the foregoing,
no exterior speakers, horns, whistles, bells, or other sound devices, except security devices used
exclusively for security purposes, shall be located, used or placed on the property, or any portion
thereof.
(F) Compliance by Unit Owners and Lessees: Each unit owner shall cause his lessee, or
his sublessee, to comply with all of the restrictions set forth in this Article 14, and such other reasonable
rules and regulations concerning the use of the property as may be made and amended from time to
time by the Board of Directors pursuant to Article 23 of this Declaration, notwithstanding the fact that
such lessee or said lessee's sublessee are fully liable for any violation of such restrictions, rules and
regulations. All agreements by which a unit is leased shall provide that the terms of such lease shall
be subject in all respects to all of the terms and provisions of the Declaration and the Bylaws and that
any failure by the lessee to comply with the terms of such documents shall be a default under such lease
agreements.
(G) Leasing of Units: Units may be leased by unit owners subject to the covenants and
restrictions of this Declaration, including without limitation Article 14(F) hereof, and subject to any
part of the rules and regulations governing leasing established by the Board of Directors. Any lease
agreement shall be required to provide that the terms of the lease shall be subject in all respects to the
provisions of this Declaration and that any failure by the lessee to comply with the terms of such
documents shall be a default under the lease. All leases shall be required to be in writing. This Article
and any part of the rules and regulations relating to the leasing of units established by the Board of
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Directors shall not apply to any lease or leases which may be entered into by the Declarant; provided,
however, the occupancy of any unit by any lessee of the Declarant shall be otherwise subject to the
provisions of this Declaration.
(H) Sale by Mortgagee: Should the holder of a first lien mortgage on any unit become the
fee simple owner of such unit through foreclosure or any other means pursuant to the satisfaction (in
whole or in part) of the indebtedness secured by such mortgage or desire to sell under the power of sale
contained in its mortgage, the sale of such fee simple interest or any lease or disposition of any interest
in the unit by such mortgages pursuant to the satisfaction (in whole or in part) of the indebtedness
secured thereby may be accomplished without regard to the restrictions contained in this Article 14;
provided, however, that the purchaser or lessee of such unit from such mortgagee shall take title to such
unit subject to all of the provisions of this Article 14, this Declaration and the Act.
In the event that a use restriction contained herein conflicts with a restriction in the Declaration
of restrictions and Covenants for Rowan Oak, as amended, then the more restrictive restriction shall
control.
15. REPAIR AND MAINTENANCE: The repair and maintenance of the property shall be made and conducted in accordance with the following terms and conditions:
(A) Units: Each owner of an individual unit shall be responsible for, and shall perform,
all maintenance, repair, and replacement required to keep all portions of his unit, and all
improvements and fixtures thereon in good condition. Each unit owner shall be responsible for the
maintenance, repair, renovation, restoration, and replacement of all portions of his unit, including,
without limitation, the heating, air conditioning and interior electrical and plumbing systems and
exterior doors, glass suriaces, and window screens serving his unit. Said maintenance, repair, and replacement shall be performed in such a manner so as to not unreasonably disturb other persons in
other units. Notwithstanding the foregoing, however, no unit owner shall allow his unit to remain in
a state of disrepair. If a unit owner allows his unit to remain in a state of disrepair for a period of thirty
(30) days after receipt of written notice to repair from the Association, the Association shall be entitled
to correct said state of disrepair and specially assess the unit owner for the cost thereof.
(B) Limited Common Elements: Each unit owner shall be responsible for the maintenance,
repair, renovation, restoration and replacement of all of the limited common elements assigned to his
individual unit. All such maintenance, repair, renovation, restoration and replacement work to be
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performed by the owner thereof shall be performed in such a manner so as to cause as little disturbance
to the occupants or tenants of the other units as is reasonably possible. Provided, however,
notwithstanding the aforementioned, if a limited common element includes an uninclosed lawn, it shall
be treated as a common area for the purposes of lawn maintainance.
(C) Common Elements: The Association shall be responsible for the maintenance, repair,
renovations, restoration and replacement of all of the common elements, except as provided for in C
(i) hereinbelow and except for limited common elements for which the unit owners shall be responsible,
as provided by Article 15(B) above.
(D) Prohibited Changes: No unit owner shall paint or otherwise change the exterior
appearance of his unit, or of any other portion of the property, including any of the limited common areas assigned to his unit, without having first obtained the written consent of the Board of Directors.
Additionally, the design, type, location, size, intensity and color or all exterior lights (including both
those mounted as part of the original design of the property and those mounted with the consent of the
Board of Directors) shall be subject to the control of the Board of Directors.
(E) Maintenance Required by Unit Owners: In the event the Board of Directors shall
determine that the need for maintenance or repairs by the Association as provided in Article 15(C)
above is caused through the willful or negligent act of a unit owner, his lessee, or their sublessees,
assignees, guests or invitees, and not paid for by insurance, the cost of performing such maintenance
or repair shall be added to and become a part of the assessments to which such unit owner is subject.
16. PLAT AND PLANS: The Condominium Plat of The Courtyard at Rowan Oak Phase
Thas being filed in the records of the Clerk of Superior Court for Oconee County, Georgia, and is by reference incorporated herein.
17. CONTROL BY DECLARANT: Notwithstanding anything contained elsewhere in this Declaration, or in the Articles of Incorporation or Bylaws, which may be construed to the contrary, the Declarant shall be authorized to appoint and remove any member or members of the Board of Directors
and oflicer or officers of the Association. The Declarant's authority to so appoint and remove members of the Board of Directors and officers of the Association shall expire upon the first of the following to
occur:
(A) upon the conveyance of at least eighty (80%) percent of the units which may be created
pursuant to Article 5(B) above.
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(B) Seven (7) years from the date of the recordation of this Declaration of Condominium. (C) the surrender by the Declarant of the authority to appoint and remove members of the Board of Directors and officers of the Association by an express amendment to this Declaration executed and recorded by the Declarant.
18. ASSESSMENTS: Assessments against the unit owners shall be made to raise funds to pay the common expenses of the property, in coordination with other Lot owners located in other portions of the Rowan Oak Master Planned Development, as to shared common areas and amenities, private streets, landscaping, for the operation and maintenance of the amenities, including, but not limited to the putting green, and shall be governed by the following provisions:
(A) Liability: Each unit owner shall be liable to the Association for all sums as are lawfully assessed by the Association against him or his unit or units in accordance with the terms and provisions of this Declaration and the Articles of Incorporation and Bylaws. In addition to exercising the remedies provided for in Article 18(G) below, the Association may enforce such liability by an action at law to recover all amounts assessed against each unit owner in accordance with the provisions of this Article
18.
(B) Purpose: Assessments shall be levied against the unit owners and the units to defray the common expenses of the property. The common expenses of the property shall be all of the expenditures which are made or incurred by or on behalf of the Association in connection with the
exercise of its powers and responsibilities, and shall include the following:
(1) Common utility bills and charges for other common services;
(ii) premiums for all insurance policies maintained by the Association;
(iii) the expenses of performing the maintenance, repair, renovation, restoration and replacement work which is the responsibility of the Association under Article 15 hereof;
(IV) such other costs and expenses as may be determined from time to time by the Board of Directors to be common expenses;
(v) the creation and maintenance of such reserve funds as are required to be maintained by the Association under Article 18(C) below, and such other reserve funds as the Board of Directors shall determine; and
(vi) the maintenance of Rowan Oak common areas which are available for use by unit owners
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but are not located within the boundaries of the Condominium.
(C) Budget, Payment Dates: No less than thirty (30) days prior to the commencement of each fiscal year of the Association, the Board of Directors shall adopt a budget for the succeeding fiscal year, which budget (i) shall estimate the amount of common expenses which are anticipated to be incurred during such years, and (ii) shall make provisions for an adequate reserve fund for maintenance,
repair and replacement of those portions of the common elements that must be replaced on a periodic
basis. Prior to the commencement of such fiscal year, the Board of Directors shall furnish a copy of
such budget to each unit owner, together with a written statement of the amount of such common
expenses which shall be assessed against such unit owner for such fiscal year. Unless otherwise
determined by the Board of Directors, such assessment shall be due on January 1 of each fiscal year
and shall be payable to the Association in single annual payment which is on or before January 1 of
each year. The Board of Directors shall be authorized to pro-rate the annual assessment into twelve
monthly installments. In addition, any fees, charges, and other amounts payable by any unit owner to
the Association shall be added to and shall, unless paid at the time the same are incurred or at some
other time determined by the Board of Directors, be due and payable as part of the installment of the
assessment next coming due.
(D) Special Assessments: If for any reason, including nonpayment of any unit owner's
assessments, an annual budget adopted by the Board of Directors for any fiscal year proves inadequate
to defray the common expenses for such fiscal year, the Board of Directors may, at any time, levy a
special assessment to raise the additional funds necessary to defray such common expenses, which
special assessment shall be due and payable at such time and in such installments as the Board of
Directors shall determine. Additionally, the Board of Directors shall be authorized to levy special
assessments under the circumstances described in Article 22(E)(i) of this Declaration.
(E) Equal Assessment: Except as provided for differently in Article 15(E) of this Declaration, no expenses associated with the maintenance, repair, renovation, restoration, or
replacement of any limited common element shall be specially assessed against the unit or units to
which such limited common element is assigned.
(F) Special Assessments for Capital Improvements: In addition to the assessments which
shall be levied against the unit owners under Articles 18(B) and (D) above, the Board of Directors shall be authorized, upon the affirmative vote the owners of the units to which three-fourths (3/4ths) of the undivided interest in the common elements is allocated, to levy a special assessment for the purpose
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of defraying, in whole or in part, the costs of any capital improvements to be made upon the common elements, or for the costs of making repairs or replacements which are not provided for in the then
current budget of the Association. Any such special assessments for capital improvements and repairs
shall be payable at such time and in such installments as the Board of Directors shall determine.
(G) Collection: In addition to all other remedies provided by law, the Association may enforce collection of the assessments for which a unit owner is liable, together with all other amounts
as may be owned by such unit owner to the Association, as hereinafter provided.
(1) In the event that any unit owner shall fail to pay any installments of any assessment
levied against him within ten (10) days after such installment shall be due and payable, the entire unpaid balance of such assessment for the remainder of the fiscal year may, at the option of the Board of Directors, be accelerated and be declared immediately due and payable in full, without notice to such unit owner.
(ii) In the event that any unit owner shall fail to pay within five (5) days after the same shall
be due, any amounts due and payable to the Association, such unit owner shall be liable for the
payment of, and shall pay, in addition to the amounts so due the Association:
(A) a late charge equal to Ten Dollars ($10.00) or ten percent (10%) of the amount so due, whichever is the greater;
(B) interest on the amount so due, and the aforesaid late charge appertaining thereto, from
the date the same were due and payable, at the rate of ten percent (10%) per annum, until paid;
(C) the cost of collection, including court costs, the expenses of sale, any expenses required
for the protection and preservation of the unit, and reasonable attorney's fees actually incurred; and
(D) in the event the Association shall seek to foreclose its lien on the unit of such owner, the fair rental value of the unit from the time of the institution of suit until sale of the unit at foreclosure (or until the judgment rendered in such suit is otherwise satisfied).
(3) The lien for assessments in favor of the Association provided by Section 41 of the Act
shall include all sums as may become payable by a unit owner to the Association pursuant to Articles
18(G)(i) and (G)(ii) above.
(4) The right of a unit owner, and all persons entitled to occupy the unit of such owner, to
use the common elements shall be suspended for the period of time any amount due and owing to the
Association in regard to any unit owned by such owner shall remain unpaid; provided, however, that
no such suspension shall deny any unit owner, or the occupants of any unit, access to the unit owned
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or occupied, nor cause any hazardous of unsanitary condition to exist.
(H) Fee for Statements of Amounts Due: The Association may require the payment of a fee, not to exceed Ten ($10.00) Dollars as a prerequisite to its issuance of any statement pursuant to
Section 41(d) of the Act.
19. COMMON PROFITS: Any surplus remaining after the application of the common profits to the payment of the common expenses shall be either distributed to, or credited against the
next assessments chargeable to, the unit owners, as the Board of Directors shall determine.
20. COMPLIANCE WITH CONDOMINIUM INSTRUMENTS: Every unit owner and
all of those persons entitled to occupy a unit shall comply with all of the provisions of this Declaration,
the Articles of Incorporation, the Bylaws, the Declaration of Covenants and Restrictions for Rowan
Oak, as same pertains to the Courtyard at Rowan Oak, Phase I or any future Phases of same, and all rules and regulations which shall be adopted by the Board of Directors in regard to the property. In the
event of any breach or violation of any such provisions, the Association shall have the right to proceed
at law or in equity to compel compliance therewith. In the event any unit owner shall permit or suffer
to exist any condition in his unit or in the limited common elements assigned to his unit which is in
violation of any of the foregoing provisions, the Association shall have the right to enter upon such unit
or limited common element and remove the thing or condition causing such violation, and the unit
owner who permitted or caused such violation to exist shall be fully liable to the Association for all
costs and expenses it shall incur in connection therewith. All such costs and expenses shall be paid to
the Association promptly upon demand. In no event shall the Association or its agents have any
liability for so entering upon any portion of the property and removing such thing or condition. In the
event the Association shall employ legal counsel to enforce any of the foregoing, the unit owner
permitting or suffering such condition to exist shall pay all reasonable attorneys fees so incurred by the
Association.
In addition to the foregoing remedies of the Association, the Board of Directors shall have the
power to impose and assess fines against any unit owner who permits or suffers any condition to exist
in violation of any of the foregoing provisions. All such fines shall be in an amount determined by the Board of Directors; provided, however, that no such fine shall exceed the sum of $25.00 for any one violation, but each day a violation is continued or repeated after the Board of Directors shall give the unit owner responsible for such violation a written notice of the same shall be considered a separate violation. No delay, failure or admission on the part of the Association in exercising any right, power
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or remedy herein provided shall be deemed a waiver of the right to do so thereafter as to the same
violation or breach, or as to a violation or breach occurring prior or subsequent thereto, and shall not
bar or affect its enforcement. In no event shall the Board of Directors, or any of its agents, be liable
to anyone whomsoever on account of any failure to bring any action on account of any violation or breach by any unit owner of any of the foregoing provisions.
21. INSURANCE: Insurance (other than title insurance) which shall be obtained by the Association shall be governed by the following provisions:
(A) Types of Insurance: The Association shall obtain and maintain the following insurance policies:
(i) a multi-peril casualty insurance policy covering the common area, providing as a minimum
for and extended coverage, vandalism and malicious mischief, on a replacement cost basis in an amount
not less than one hundred (100%) percent of the full replacement cost of all common area within the
Condominium. The name of the insured under such casualty insurance policy shall be stated as follows: "Rowan Oak Condominium Owner's Association, Inc., for use and benefit of the individual unit owners of The Courtyard at Rowan Oak, Phase I, Oconee County, Georgia". The amount of
coverage of such casualty insurance policy shall be readjusted by reappraisal or revaluation of the
insured property not less frequently than once every two (2) years. Such casualty insurance policy shall
contain the standard mortgages clause which shall be endorsed to provide that any proceeds shall be
paid to the Association for the use and benefit of mortgagees as their interest may appear.
(ii) A comprehensive policy of public liability insurance covering all of the common elements
located within the Condominium. Such liability insurance policy shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of a unit owner because
of the negligent acts of the Association or other unit owners. Such liability insurance policy shall cover
the Association, the Board of Directors, the officers of the Association, all agents and employees of the Association, and all unit owners and other persons entitled to occupy any unit or other portion of the
property, shall be for at least $500,000.00 for injury including death to a single person, $1,000,000.00
for injury or injuries, including death, arising out of a single occurrence and $50,000.00 for property
damage, with cross liability endorsement to cover the unit owners as a group and shall include
protection against water damage liability, and liability for property of others.
(iii) A policy of fidelity coverage against dishonest acts on the part of the members of the Board of Directors, the manager of the Condominium, and any employces or volunteers of the
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Association responsible for handling funds belonging to or administered by the Association. Said
policy of fidelity coverage insurance shall name the Association as the named insured and shall be
written in an amount which shall in no event be less than one and one-half times the Association's
estimated annual common expenses and reserves.
(iv) Such other insurance policies as the Board of Directors shall deem desirable for the benefit
of the Association and the unit owners.
(B) Minimum Qualifications of Insurance Carriers: Each policy of insurance which the
Association is required to maintain under the provisions of Article 21(A) shall be written by a hazard
insurance carrier which has a financial rating by Best's Insurance Reports of Class A:VI or better and
which is licensed to transact business within the State of Georgia.
(C) Minimum Qualifications of Insurance Policies: All policies of insurance which the
Association is required to maintain under the provisions of Article 21(A) shall (a) not allow
contributions or assessments to be made against the owner of any unit, or the holder of any mortgage
upon any unit, (b) not allow loss payments to be contingent upon any action by the insurance carrier's
board of directors, policyholder's or members (c) not include any limiting clauses (other than insurance
conditions) which could prevent any unit owner or the holder of any mortgage upon any unit from
collecting insurance proceeds, and (d) contain or have attached a mortgage clause which provides that
the insurance carrier shall notify in writing all holders of first lien mortgages on any of the units at least
ten (10) days in advance of the effective date of any reduction in or cancellation of such policies.
(D) Unit Owner's Policies: The unit owners may carry at their own initiative and expense
the following insurance policies:
(i) Homwowner's, additions, betterments, and alterations endorsement to the master casualty
insurance policy for the exclusive benefit of the particular unit owner, such unit owner to be liable for
(and the Association to be in no way liable for) the premium for such endorsement; and
(i1) a "Tenant's or condominium owner's policy" covering the contents of his unit, personal
injury and property damage liability, burglary and the like.
In no event shall any recovery or payment under the insurance coverage obtained and
maintained by the Association be affected or diminished by insurance purchased by individual unit
owners or mortgagees, and no unit owner shall be entitled to exercise his right to maintain the
additional insurance coverage set forth in this Article in such a way as to decrease the amount which
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the Association may realize under any insurance policy which it may have in force on the property at
any particular time.
(E) Proceeds on Account of Damage to Common Elements: Insurance proceeds which shall be paid on account of damages to or destruction of any portion of the common elements
which does not exclusively serve any unit or units shall be held by the Association in a construction
fund, which shall be used for the purpose of repairing, reconstructing or rebuilding the portion of such
common elements so damaged or destroyed, as provided in Article 22(A)(1) of this Declaration. If it shall be determined in accordance with the provisions of Article 22(B) of this Declaration not to repair,
reconstruct or rebuild the portion of the common elements so damaged or destroyed, then the insurance
proceeds paid on account of the occurrence of such damage or destruction to such portion of common
elements shall first be used to clean up and landscape the common elements as necessary in view of
the fact that such portion of the common elements is not to be repaired, reconstructed or rebuilt, and the remaining insurance proceeds shall be disbursed to the unit owners in proportion to their undivided
interest in the common elements, such disbursement to be made payable jointly to the unit owners and
their mortgagees. Notwithstanding anything contained in this Declaration, the Articles of Incorporation, the Bylaws, or the Act which may be construed to the contrary, in no event shall any insurance proceeds paid to the Association on account of the occurrence of any fire or other casualty
be deemed to be common profits.
(F) Proceeds on Account of Damage to Units and Common Elements Exclusively Serving Units. In the event that any insurance proceeds shall be paid to the Association on account of any
damage to or destruction of any unit or units and/or any portion of the common elements exclusively
serving such unit or units, the Association shall be deemed to hold such insurance proceeds in a series
of separate accounts, one such account for each unit which is so damaged or destroyed, or the common
elements exclusively serving which units are so damaged or destroyed. The amount of insurance
proceeds which shall be deemed to be held by the Association in each such account shall be determined
by multiplying the entire amount of insurance proceeds which shall be received by the Association as
a consequence of the damage or destruction to such unit or units and/or the common elements
exclusively serving such unit or units by a fraction, the numerator of which shall be the total estimated cost of repairing, reconstruction, or rebuilding the unit, and the common elements exclusively serving
the unit, on behalt of which such account is credited, and the denominator of which shall be the total
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estimated cost of repairing, reconstruction, or rebuilding all of the units and common elements as a consequence of the damage to or destruction to which such insurance proceeds were paid. If it shall be determined in accordance with the provisions of Article 22(C) of this Declaration not to repair, reconstruct or rebuild any unit which is so damaged or destroyed, then the amount of insurance proceeds which shall be held by the Association in the account for such unit shall be disbursed to the owner of such unit, such disbursement to be made jointly to the unit owner and his mortgagee. Such disbursement, however, shall be made only after the Board of Directors shall have entered into a financial arrangement satisfactory to the Board of Directors whereby such unit owner shall pay for the cost of cleaning up and landscaping the property on which such unit was located. Notwithstanding anything contained in this Declaration, the Articles of Incorporation or Bylaws of the Association which may be construed to the contrary, in no event shall any amounts as shall be held by the Association or the account of any unit owner pursuant to the provisions of this Article 21(F) be deemed
to be common profits.
For purposes of Article 21(E) and Article 21(F), common elements shall be deemed to exclusively serve a particular unit only if they constitute all or a portion of the walls, roofs or a foundation enclosing such unit.
22. DAMAGES OR DESTRUCTION OF PROPERTY: Repair, reconstruction or rebuilding of the property following damage to or destruction of all or any portion of the property shall be governed by the following provisions:
(A) Estimates of the Cost of Repairs: As soon as practicable following the occurrence of any damage to or destruction of any portion of the property, the Board of Directors shall obtain reliable and detailed estimates of the cost of repairing or restoring such portion of the property so damaged or destroyed to substantially the same condition as such portion of the property was in prior to the occurrence of such damage or destruction, and shall proceed with the filing and adjustment of all claims arising under the insurance maintained by the Association as a result of such damage or destruction.
(B) Determination to Repair, Reconstruct or Rebuilding Common Elements: Any damage to or destruction of the common elements will be repaired, reconstructed or rebuilt unless the owners
of the units to which seventy-five (75%) percent of the votes in the Association are allocated shall
determine, within forty-five (45) days after the occurrence of the casualty, not to repair, reconstruct or rebuild the same.
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(C) Determination to Repair, Reconstruct or Rebuild Units: The determination to repair, reconstruct or rebuild any unit which is damaged or destroyed by fire or any other casualty shall be
made in the following manner:
any unit which is damaged, but not rendered untenantable, shall be repaired in all events.
(11) in the event that any unit is so damaged or destroyed that such unit is thereby rendered
untenantable, such unit shall be repaired, reconstructed or rebuilt unless, within forty-five (45) days after the occurrence of such casualty, (a) the owners of the unit which is so rendered untenantable,
together with (b) the owners of the units to which sixty-seven (67%) percent of the remaining votes in
the Association (not including the vote of the owner of the unit which has been rendered untenantable
by such casualty), and (c) the holders of sixty-seven (67%) percent of the first mortgages on the units
within the Condominium (including the holder of any first mortgage on the unit which has been so
rendered untenantable) shall all determine not to repair, reconstruct or rebuild such unit so rendered
untenantable.
(in) for purposes of this Article 22(C), a unit shall be deemed to be untenantable only if as a
consequence of this occurrence of a fire or other casualty, such unit is not fit for present occupancy,
and if the estimated costs of making repairs necessary to render such fit for present occupancy shall exceed one-half (½) of the fair market value of such unit prior to the occurrence of such casualty.
(D) Manner of Repair, Reconstruction or Rebuilding: All repairs, reconstruction, or
rebuilding to be made as a result of damage by fire or other casualty shall be made in accordance with
the following provisions:
(i) Common Elements: The damage shall be repaired, reconstructed or rebuilt substantially
in accordance with the plans and specification for such damaged property prior to the occurrence of
such damage.
(ii) Units: If the damage to be repaired, reconstructed or rebuilt is to any unit, such repair, reconstruction or rebuilding shall be substantially in accordance with the plans and specifications for
such damaged unit prior to the occurrence of such damage.
(iii) All of the work of repairing, reconstruction or rebuilding any portion of the property, the damage to or destruction of which caused the payment of insurance benefits under insurance policies
maintained by the Association, shall be performed under the supervision of the Board of Directors,
which, in discharging such supervisory responsibilities, shall be authorized to employ such building
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supervisors and architects as the Board of Directors shall deem to be in the best interest of the
Association. The fees which shall be payable to any such building supervisor or architect employed
by the Board of Directors shall be a common expense of the Association.
(E) Costs of Repair, Reconstruction or Rebuilding:
(1) Common Elements: The cost of repairing, reconstruction or rebuilding any portion of the common elements which shall be damaged or destroyed and which does not exclusively serve any unit or units shall be paid with any insurance proceeds which shall be paid to the Association on account
of such damage or destruction. If such insurance proceeds are not sufficient to defray such costs of
repair, reconstruction or rebuilding, then the Board of Directors shall levy a special assessment against
all of the unit owners and units to raise the excess funds necessary to defray such costs.
(11) Units and Common Elements Exclusively Serving Units: The cost of repairing,
reconstructing or rebuilding each unit which shall be damaged or destroyed shall be paid by the Unit
Owners, and any portion of the common elements exclusively serving such unit which shall be
damaged or destroyed, shall be paid with the insurance proceeds which shall be paid to the Association
on account of such damage or destruction and held by the Association on account for such unit, as
provided in Article 21(F) of this Declaration. If the amounts which are held by the Association in the account for such unit are not sufficient to defray such costs of repair, reconstruction or rebuilding, then
the Board of Directors shall levy a special assessment against the owner of the unit on behalf of which
such account was created to raise the excess funds necessary to defray such costs.
For the purposes of this Article 22(E), common elements shall be deemed to exclusively serve
a particular unit only if they constitute all or a portion of the walls, roofs or a foundation enclosing such
unit.
23. RULES AND REGULATIONS: The Board of Directors shall have the power and authority to adopt, make and amend reasonable rules and regulations in regard to the use of the units, limited common elements, and common elements. Copies of all such rules and regulations, and all amendments thereto, shall be furnished to all of the unit owners, upon request.
24. EASEMENTS: The following easements shall be applicable to the property:
(A) Encroachments: To the extent that any unit or common element encroaches on any other unit or any part of the common elements, whether by reason of any deviation from the survey or the
plans in the construction, repair, renovation, restoration or rebuilding of any improvement, or by reason
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of any overhang or the settling or shifting of any land or improvement, a valid easement for said
encroachment and for the maintenance of same, so long as it stands, shall exist.
(B) Utility and Other Easements: The Association and the Board of Directors shall have the
irrevocable power as attorey-in-fact on behalf of all unit owners and their successors-in-tile to accept
easements benefitting the Condominium or any portion thereof and to grant easements benefitting the
property, or any portion thereof, whether or not a part of the Condominium upon, across, over and
under all of the property for ingress and egress, and for the installation, replacing, and maintaining all
utilities including, but not limited to, water, power, telephones, high speed internet, gas, electricity,
cable television and a master television antenna system. Such easements may grant to appropriate
utility companies the right to erect and maintain the necessary poles and other necessary equipment on
the property and to affix and maintain utility wires, circuits and conduits on, above, across and under
the common elements, the units or the roofs and exterior walls of the residual dwellings or other
improvements comprising part of any unit.
(C) Access to Units and Common Elements: Each unit owner shall afford to the other unit
owners and to the Association, and to any directors, officers, agents or employee of either, such access
through his unit and any limited common elements appurtenant thereto as may be reasonably necessary
to enable them to exercise and discharge their respective powers and responsibilities. To the extent
that damage is inflicted on the common elements, including without limitation any limited common
elements, or any unit through which access is taken, the Association or the unit owner occasioning such
damage, whether by itself or through agents, employees or others, shall be liable for the prompt repair
thereof. There is hereby (i) reserved in the Declarant, (ii) granted to all policemen, firemen, ambulance
personnel and all similar emergency personnel, as easement to enter upon the property or any part
thereof in the proper performance of their respective duties. During the period that Declarant owns any
unit or owns any interest in the property or any portion thereof, the Declarant shall have a transferable
easement on, over, through, under and across the common elements for the purpose of making
improvements contemplated by the condominium instruments on the property, or any portion thereof,
for the purpose of installing, replacing, repairing and maintaining all utilities serving the property or any portion thereof, and for the purpose of doing all things reasonably necessary and proper in
connection therewith. There is further reserved in the Declarant, and its successor-in-title a perpetual
easement for the benefit of the property for ingress and egress over and across any road or drive which
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may now or hereafter be located on the property.
(d) Easements Reserved by Declarant:
(1) The Declarant currently owns and may acquire additional real property which is adjacent to
the Condominium. In the event the Declarant elects to develop said property is not included in the
Condominium, the Declarant reserves a perpetual easement for ingress, egress, utilities and storm water
detention or retention to said property over, under and through the Property. The exact location and
dimensions of said easements shall be determined by the Declarant, and same shall be consistent with
the requirements of the regulations and ordinances of Oconee County, Georgia, if any.
(ii) The aforementioned perpetual easement for ingress, egress and utilities shall specifically
include, but not be limited to, the right of way of the Private Drives which comprises a portion of the common area which is described as on the Condominium Plat including along the rights-of-way of
Cambridge Square, Queens Road, Prince Place, Royal Row, Knights Place, and Buckingham Court, or other private rights of way to be later located in the Development.
(iii) In the event there are existing utility facilities located on the Property, including, but not
limited to sanitary sewer lines, the Declarant shall have access and use of said facilities in the use of
the easements described hereinabove for other developments) that the Declarant may so designate.
Provided, however, if the Declarant elects to use existing facilities, it shall be responsible for sharing
in any costs or expenses which are incurred in the repair, maintenance and replacement of same.
(iv) The Declarant shall be responsible for the cost of the installation and maintenance of any
improvements required within the aforementioned easements and shall repair, at its expense, any
damage which may be caused to the Property as a result of the installation of improvements or use of
said easements. The Declarant shall, furthermore, make every reasonable effort to minimize the disturbance to the Property in determining the exact location of any easement or the installation of any
improvements or utilities within said casement. Upon the determination of the location and dimensions
of any easement, the Declarant shall cause to be prepared a plat of survey of said easement which shall be duly recorded in the Office of the Clerk of the Superior Court of Oconce County, Georgia. The Association shall duly execute any documents which may be required by the Declarant in order to evidence the existence of any easement described herein.
Notwithstanding the aforementioned, no easement reserved herein shall traverse a unit without
the consent of the owner of the unit.
The within and foregoing easements and the provisions described herein shall run with the land.
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25. CONTRACTS WITH DECLARANT: The term of any agreement as may be entered into between the Association and the Declarant which provides for professional management of the
Condominium or pursuant to which the Declarant is to provide any other services to the Condominium, shall in no event exceed three (3) years. In addition, any such agreement shall be terminable by either party thereto without cause and without payment of a termination fee on no more than ninety (90) days written notice. Provided, however, the terms of any contract set forth above shall be subject to the
termination provisions of O.C.G.A. §44-3-101(C).
26. SEVERABILITY: The invalidity or unenforceability of any covenant, restriction or other provision of this Declaration shall not affect the validity or enforceability of any other covenant, restriction or provision of the Declaration.
27. CAPTIONS: The captions of all sections of this Declaration are inserted for convenience only and are not intended to define, limit, restrict, extend or modify any of the provisions
of the sections to which such captions relate.
28. MORTGAGEE'S RIGHTS: Notwithstanding any of the provisions of this Declaration
or the Article of Incorporation or Bylaws of the Association, the following provisions are hereby
adopted for the protection of the mortgagees of units within the condominium project, and to the extent they conflict with any of the provisions in the Declaration, the Articles of Incorporation or Bylaws of
the Association, the following shall control:
(A) The Association shall not take the following actions without the prior written approval of unit owners to which 80Ạạof the votes in the Association appertain and all mortgagees of such units.
(i) Seek to abandon or terminate the condominium project by act or omission.
(ii) Change the prorata interest or obligations of any individual unit for the purpose of (a) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnations awards, or (b) determining the prorata share of ownership of each unit in the common
elements.
(i11) Partition or subdivide any unit.
(iv) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the common elements (other than the granting of casements for public utilities or for other public purposes
consistent with the intended use of the common elements).
(v) Use hazard insurance proceeds for loses to any condominium property (whether to units or to common elements) or other than the repair, replacement or reconstruction in the event of
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substantial loss to the units and/or common elements (in the event the determination is made to so
repair, reconstruct or rebuild in accordance with Article 22(B) and (C).
(B) Any first mortgagee who obtains title to a unit pursuant to the remedies provided in the mortgage, by taking deed in lieu of foreclosure, or foreclosure of the mortgage on a unit shall not be liable for the unpaid dues or charges attributable to such unit which have accrued prior to the acquisition to title of such unit by the first mortgagee.
(C) Nothing in the Declaration, nor any provision of the Articles of Incorporation or Bylaws of the Association shall entitle a unit owner, Declarant, or any other party, to priority over any right of the first mortgagees of units with regard to a distribution to unit owners of insurance proceeds or condemnation awards for losses to or the taking of units or common element.
(D) The Association shall give written notice to any first mortgagees of individual units of any loss to, or taking, of the common elements if such loss or taking exceed $10,000.00 or damage to a unit covered by a mortgagee exceeds $1,000.00.
(E) Any first mortgagee of individual units shall have the right to examine the books and records of the Association.
Any holder of a first lien mortgage upon any unit, upon its request, shall be entitled to a written notice from the Board of Directors of any default in the performance by the owner of the unit upon which such mortgagee holds such first lien mortgage of any obligation under this
Declaration, thy Bylaws or the Condominium instruments which is not cured within sixty (60) days.
IN WITNESS WHEREOF, the officers of the Declarant have set their hands and affixed
their scals this 20t - day of March, 2005.
RIC LAND DEVELOPMENT, INC.
Rital Cani Pradet one Signed, sealed and Attest: _(SEAL) delivered in the
presence of:
De k. Walsa
Winess
Notary Publi SAM. LANS ...
This the 2d day of March, 2005 NOTAGL
PUBLICA
B2.11 MUNE 13
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EXHIBIT "A"
BEGINNING at an iron pin located at the intersection between the northerly right of way of Rocky Branch Road and the southeasterly boundary corner of Bakers Acres subdivision; running thence North 44 Degrees 07 Minutes 18 Seconds West 737.17 feet to an iron pin; running thence North 17 Degrees 06 Minutes 27 Seconds East 398.75 feet to a point; running thence South 71 Degrees 06 Minutes 33 Seconds East 335.51 feet to an iron pin; running thence North 82 Degrees 34 Minutes 44 Seconds East 253.45 feet to an iron pin; running thence North 82 Degrees 34 Minutes 39 Seconds East 208.09 feet to an iron pin; running thence North 82 Degrees 01 Minutes 78 Seconds East 141.97 feet to an iron pin; running thence North 81 Degrees 17 Minutes 04 Seconds East 1487.10 feet to an iron pin; running thence South 17 Degrees 57 Minutes 10 Seconds East 356.65 feet to an iron pin; running thence South 71 Degrees 04 Minutes 43 Seconds West 828.78 feet to a point; running thence South 70 Degrees 03 Minutes 54 Seconds West 350.96 feet to a point; running thence South 64 Degrees 03 Minutes 14 Seconds West 1055.78 feet to an iron pin, which is the POINT OF BEGINNING.
This is the same property lying and being in the 1331 G.M.D. Oconee County, Georgia, containing 33.509 acres, more or less, and known as The Courtyard at Rowan Oak, Phase I, as shown on that Plat of Survey dated March 17", 2005, entitled, "Final Plat For: Rowan Oak", ', sheets 1-3, by Woods and Chatain Surveyors, Inc., said Plat having been recorded in the Office of the Clerk of Superior Court for Oconee County, Georgia, at Plat Book 35, Pages 265 - 267.
The above described property is that portion of the Rowan Oak Master Planned Development owned under the condominium form of ownership.
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EXHIBIT "C"
Units 1010, 1020, 1040, 1050, 1041, 1051, 2000, 2010, 2040 and 2050 shall each have a 10% undivided interest in the Common Elements.
Provided, however, these interests shall be amended upon the expansion of the Condominium via an amendment hereto to this Declaration.