Covenants
STATE OF GEORGIA
COUNTY OF JACKSON
DECLARATION OF COVENANTS AND RESTRICTIONS FOR PHASE VII OF STAGHORN PLANTATION ESTATES
WHEREAS, Staghor Plantation Estates, Inc., a Georgia corporation, ("Declarant") the sole owner of a parcel of land referred to as Phase VII of Staghor Plantation Estates, located on Highway 335 west of Nicholson, Georgia, said property being more particularly described as follows: Lots 538 through 565 of Staghom Plantation Estates, as per survey of said Phase VII, prepared by Venable & Associates, Inc., Surveyors, dated May 8, 2001, and recorded in the Office of the Clerk of the Superior Court of Jackson County, Georgia in Plat Book 57, Page 178, which plat and the recording thereof are incorporated herein by reference for a more particular description of the property (hereinafter the "Property"); and,
WHEREAS, Declarant does, by these presents, make, declare and impose upon the Property the following covenants, conditions, restrictions, limitations and easements, which shall be and constitute covenants running with the title to the Property, and shall be binding upon the undersigned, its successors and assigns, and all persons claiming under the undersigned, and each and all subsequent purchasers, their heirs, personal representatives, successors and assigns, of the Property or any part or portion thereof, to
LAND USE
1.1 Each Lot in the Property shall be used for residential purposes only, and each Lot, as depicted on the recorded plat of said Phase VI, shall be used as a single residential homesite, and no structure shall be erected, altered, placed or permitted to remain on said Lot other than one detached single-family dwelling constructed on site and maintained for the use and occupancy of a single family unit, together with a private garage for not more than three cars.
• 1.2 There shall be allowed to be constructed on each Lot one detached storage building, in accordance with the following restrictions and conditions: a. Prior written approval of the Architectural Control Committee (as hereinafter defined) is required;
b. An acceptable sketch showing the size, front, end and side view of the proposed building must be provided to the Architectural Control Committee for approval;
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c. Only one (1) building per lot shall be permitted;
d. Construction of the storage building shall be subsequent to the completion of the residence on the Lot;
e. The maximum size of the storage building shall be 12 feet by 20 feet; f. The storage building must maintain the same roof line and be constructed of the same material as the residence;
g. The Architectura. Control Committee must approve the placement of the storage building. Generally, such buildings must be at least 200 feet from the centerline of the adjoining road. On Lots that abut the lake(s) in Staghor Plantation Estates (hereinafter the "Lake Lots"), such buildings shall not be located between the residence and the lake, so that the view of the lakeshore shall be preserved. The Architectural Control Committee shall be vested with discretion to determine and approve the suitable location of all storage buildings.
h. No metal or prefabricated buildings shall be placed on the Lots. i. Utility buildings shall be used for storage only.
j. No commercial business shall be conducted within the detached storage building.
1.3 No Lot may be subdivided; however, any one Lot or portion thereof may be added to or combined with another appurtenant Lot or portion so as to form a single family residential building lot; provided, however, once a Lot is combined with another Lot to form a single-family residential building homesite, such Lot(s) may not be re-subdivided into a greater number of homesites or Lots, and provided, further that any remaining portion of a Lot not combined with another Lot must be of sufficient size and configuration to comply with these covenants and restrictions and with all applicable zoning and building laws and regulations. 1.4 No building shall be constructed closer than fifty feet from the centerline of any street line and not closer than twenty feet to any property line. Additionally, the location of all structures on the Lake Lots, whether the residence or a permitted storage building, shall first be approved by the Architectural Control Committee. To preserve the lakeshore view of the lake(s) at Staghom Plantation Estates, no structure will be permitted to be built so near the lake shore that such placement will detract from the lakeshore view for all homeowners at Staghorn Plantation Estates. Generally, no structure may be built on a Lake Lot within fifty (50') feet of the lake, or within such other distance as shall be approved by the Architectural Control Committee. Declarant may, at its sole discretion, permit variances from
all said set-back requirements where, due to the terrain and location of the particular Lot or other unforeseen difficulties in connection with the proposed construction of buildings on said Lot, such variance is deemed necessary to Declarant in its sole and exclusive discretion in order to make the best developmental use of the Lot involved, consistent in all respects with the tenor of the Staghor Plantation Estates development.
1.5 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 the neighborhood. There shall not be maintained on any Lot any plants, poultry, animals (other than household pets) or device or thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of other property in the Staghom Plantation Estates development by the owners thereof.
1.6 All construction trash, excess dirt and debris must be removed or buried prior to occupancy of any home built on a Lot., In the event the owner of any Lot permits any trash to accumulate on a Lot, Declarant may enter upon said Lot to remove such trash which is collected on said Lot, without such entrance and removal being deemed a trespass, all at the expense of the owner of the Lot; provided, however, that such expense shall not exceed the sum of Fifty ($50.00) Dollars annually. Provided, however, that this provision shall not in any way be construed as an obligation on the part of Declarant to provide garbage or trash removal services for the Lots.
1.7 No commercial signs, including "For Sale" and other similar signs, shall be erected or maintained on any Lot, except with the express prior written permission of Declarant, or except as may be required by legal proceedings, it being understood that Declarant will not grant permission for such signs unless their erection is reasonably necessary to avert serious hardship to the owner of the Lot. Property identification and like signs exceeding a combined total of more than three (3) square feet may not be erected without the prior written permission of Declarant.
1.8 Each Lot owner shall provide space for parking of two automobiles off the street prior to the occupancy of any dwelling on said Lot in accordance with reasonable standards established by Declarant.
1.9 No Lot owner shall construct or allow the construction or maintenance on any Lot of an above ground swimming pool or a TV satellite dish without the prior approval of the Declarant and the Architectural Control Committee, and in no event shall the same be located between the house and any road. No above ground swimming pools shall be allowed to be constructed on any Lake Lot.
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1.10 No trailer, tent, mobile home, modular home, or any other type structure which is not on-site constructed, nor any tree house or other similar outbuilding shall be placed on any Lot at any time, either temporarily or permanently, the only exception being a barn on larger Lots, with the prior approval of Declarant. Motor homes may be parked on Lots after completion of construction of a single-family dwelling on the Lot, but motor homes may not be used as a dwelling for any period of time on any Lot.
1.11 No fuel tanks or similar storage receptacles on any Lot may be exposed to view and may be installed on such Lot only within the main dwelling unit or buried underground.
1.12 No trees measuring eight (8) inches or more in diameter at ground level may be removed without the prior written approval of Declarant, unless located within ten (10) feet of the approved site of a building on a Lot. No trees shall be removed from any Lot without the prior approval of Declarant until the Lot ownet is ready to begin construction on said Lot.
2.
BUILDING RESTRICTIONS
2.1 Dwelling Cost, Quality and Size: Declarant reserves the right to review and approve all house plans prior to beginning construction on any Lot. Additionally, the approval of the Architectural Control Committee must be obtained prior to commencement of construction of any improvements on any Lot, in accordance with the provisions of Section 4 hereinbelow. The floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 2,500 square feet. No dwelling shall be permitted on any Lot at a cost which is less than the cost of construction of the initial residence on the Lot, it being the intention and purpose of this covenant to assure that all dwellings shall be of quality or workmanship and materials substantially the same or better than that which was originally constructed on the Lot.
2.2 The foundation of all buildings constructed on a Lot shall be covered by either stone, brick, stucco or wood.
2.3 The exterior of houses and other structures constructed on any Lot must be completed within one year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fires, national emergencies or natural calamities or other events of force majeure.
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2.4 It shall be the responsibility of each Lot owner to prevent the development of any unclean, unsightly or unkempt conditions of buildings or grounds on such Lots which shall tend to decrease substantially the beauty of the neighborhood as a whole or the specific area.
2.5 It will be the responsibility of the individual resident to maintain each Lot in a neat and orderly fashion, in general keeping with surrounding Lots. No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or waste, and all incinerators or other equipment for the disposal or storage of such material shall be kept in a clean and sanitary condition. Each Lot owner shall provide storage for garbage, in an area not generally visible from the road or the lake(s), or provide underground garbage receptacles or a similar facility.
2.6 Permanent clothes lines may be constructed or maintained only on the rear portion of the Lot, provided, however, that for Lake Lots, the placement of such clothes lines must be approved by the Architectural Control Committee. Racks for storage of firewood must be placed and maintained in a neat and orderly manner only in the rear or side portions of the Lot, provided, however, that for Lake Lots, the placement of such storage racks must be approved the Architectural Control Committee. A vegetable garden in the rear or the side of the Lot is permitted.
3.
EASEMENTS
3.1 Easements for installation and maintenance of utilities, installation and maintenance of drainage facilities, and for access, are reserved by Declarant as shown on the recorded plat. Within these easements, no structure, planting or other material shall be place or permitted to remain which may be damage any structure installed in accordance with said easements, or interfere with the installation and maintenance of utilities in the utility easements, or which may change the direction or flow of drainage channels in the drainage easements, or which may obstruct or retard the flow of water through drainage channels in the drainage easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the owner of the Lot, except for installation for which a public authority or utility company is responsible. The Declarant, all public authority or utility companies and their successors and assigns shall have a perpetual easement for the installation and maintenance of water lines, storm drains, gas, electric and telephone lines, cable and conduits under and through the utility easements as shown on the plat. Any damage caused to pavement, • driveways, or drainage structures in the installation and maintenance of such utilities shall be properly restored and repaired by the utility whose installation or maintenance caused the damage.
3.2 All covenants, restrictions and affirmative obligations set forth in this Declaration shall run with the land and shall be binding on all parties and persons claiming under them until December 31, 2016, after which time said covenants shall be
automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of Lots affected by such covenants has been recorded, agreeing to change said covenants in whole or in part.
3.3 In the event of a violation or breach of any of these restrictions by any property owner or agent of such owner, the owners of Lots in Staghom Plantation Estates, or any of them jointly and severally, or the Declarant shall have the right to proceed at law or in equity to compel a compliance with the terms hereof or to prevent the violation or breach of any of these covenants and restrictions. In addition to the foregoing, the Declarant shall have the right, whenever there shall have been built on any portion of the property any structure which is in violation of these restrictions, to enter upon the property where such violation exists, and summarily abate or remove the same at the expense of the owner if after thirty (30) days written notice of such violation it shall not have been corrected by the Lot owner. Any such entry and abatement or removal shall not be deemed a trespass. The failure to enforce any right, reservation, restriction or condition in this Déclaration of Restrictions, however long continued, shall not be deemed a waiver of the right to do so hereafter, as to the same breach or as to a breach occurring prior to or subsequent thereto, and shall not bar nor affect its enforcement. The invalidation by any court of any restriction in this Declaration of Restrictions shall in no way affect any of the other restrictions, which shall remain in full force and effect.
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ARCHITECTURAL CONTROL COMMITTEE
4.1 Declarant has established an Architectural Control Committee consisting of Declarant and tree (3) owners of Lots in Staghorn Plantation Estates (hereinafter the "Architectural Control Committee"). The Architectural Control Committee must approve all plans for construction of structures on the Lots and shall make additional restrictions if necessary along with other decisions which influence the general neighborhood of Staghor Plantation Estates.
4.2 Prior to commencement of construction on any Lot, the Lot owner shall comply with the following procedures:
a. A complete set of professionally prepared plans for the improvements to be constructed on the Lot must be submitted to the Architectural Conrol Committee, which submission shall be done by delivery of said plans to Declarant.
b. The Architectural Control Committee shall have a minimum of two weeks to review and comment upon the submitted construction plans.
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c. If the Architectural Control Committee has any questions or comments on the submitted building plans a meeting shall be held among at least one member of the Architectural Control Committee, the Lot owner and the Lot owner's builder. Such meeting shall be for the purpose of clarifying any questions and attempting to obtain concurrence on all issues and restrictions.
d. The building plans for the structure to be built on any Lot shall require a minimum roof elevation pitch of 8/12.
e. The Lot owner must acknowledge and agree that basic landscaping of the Lot must be implemented prior to occupancy of the residence.
f. The Architectural Control Committee will have responsibility for follow-up meetings with the Lot owner, confirmation that the construction is in accordance with the approved building plans and the issuance of complaints if construction is not in accordance with approved plans. The Architectural Control Committee will report to the Board of Directors of Staghorn Plantation Estates Homeowners Association, and said Board of Directors shall assist the Architectural Control Committee, as requested.
4.3 The Architectural Control Committee may waive, upon application being made to it, any one or more of the foregoing conditions, restrictions, limitations or agreements with respect to any designated Lot or Lots, upon determination that such waiver would not be detrimental to the integrity and maintenance of Staghorn Plantation Estates as a first class residential development, but any such waiver, which must be evidenced in writing, shall not be deemed or construed to be waiver of any such condition, restriction, limitation, or agreement with respect to any other Lot.
4.4 Plans and specifications are not approved for engineering or structural design or quality of materials, and by approving such plans and specifications neither the Architectural Control Committee, the members thereof, the Declarant nor the Association assumes liability of responsibility therefor, nor for any defect in any structure constructed from such plans and specifications. Neither Declarant, the Association, the Architectural Control Committee, the Board of Directors, nor the officers, directors, members, employees and agents of any of them shall be liable in damages to anyone submitting plans and specifications to any of them for approval, or to any owner of property affected by these restrictions by reason of mistake in judgement, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Each person who submits plans or specifictions and every owner agrees that such person or lot owner will not bring any action or suit
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ainst Declarant, the As spies, directors, hireters, employees, an aten she any of them to recover any damages and hereby releases, remises, quitclaims, and covenants not to sue for all claims, demands and causes of action arising out of or in connection with any judgment, negligence, nonfeasance and hereby waives the provisions of any law which provides that a general release does not extend to claims, demands and causes of action not known at the time the release is given.
HOMEOWNERS ASSOCIATION AND ASSESSMENTS
5.1 A homeowners association known as Staghor Plantation Estates Homeowners Association (the "Association") has been formed by Declarant, is presently in existence as a Georgia corporation, and each Lot owner shall be deemed to have membership in the Association, which membership is compulsory. The foregoing is not intended to include persons or entities who hold an interest in a Lot merely as security for the performance of an obligation. There shall be only one membership unit per Lot. Membership in the Association shall be appurtenant to and may not be separated from any Lot. The rights and privileges of membership, including the right to vote and to hold office, may be be cast nor office held for each Lot owned. exercised by a member or the member's spouse, but in no event shall more than one vote 5.2 Members shall be entitled to one vote for each Lot owned. When more than one person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those owners themselves determine and advise the Association secretary prior to any meeting.
5.3 The Board of Directors of the Association shall have the right to authorize assessments against each Lot. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit and enjoyment of the Lot owners and occupants of the Lots, including the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors.
Each owner of a Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association, general assessments, special assessments as may be established by the Association, and specific assessments against any particular Lot which are established pursuant to the terms of this Declaration, including, without limitation, reasonable fines as may be imposed in accordance with the terms of this Declaration. General assessments shall be levied for Association expenses determined by the Board of Directors of the Association to benefit all Lot owners. General assessments shall be allocated among all Lots in Staghom Plantation Estates.
5.S All assessments, together with late charges, interest not exceed the maximum rate permitted by law (but not to exceed 18% per annum), costs, including without limitation
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reasonable attomey's fees actually incurred, shall be a charge on the Lot against which each assessment is made. Each Lot owner shall be personally responsible for the portion of the assessment coming due which the owner of the Lot; provided, however, that the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. 5.6 The Association shall, within five days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.
It shall be the duty of the Board of Directors of the Association to prepare a budget covering the estimated costs of operating the Association during the coming year, which may include a capital contribution or reserve in accordance with a capital budget. The Board of Directors shall cause the budget and the assessments to be levied against each Lot for the following year to be delivered to each member at least thirty days prior to the end of the current fiscal year. The budget and the assessments shall become effective unless disapproved at a meeting by a majority of the total association vote. Notwithstanding the foregoing, however, in the event the membership disapproved the proposed budget or the Board of Directors fails for any reason so to determine the budget for the succeeding year, then and until such time as a budget shall have been determined, as provided herein, the budget in effect for the then current year shall continue for the succeeding year.
In addition to the other assessments authorized herein, the Association may levy special assessments from time to time if approved at a meeting by 2/3 of the total association vote. Special assessments shall be paid as determined by the Board of Directors, and the said Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. Special assessments shall be allocated among the Lots.
Any assessments or installments thereof which are not paid when due shall be delinquent. Any assessment or installment thereof delinquent for a period of more than thirty days shall incur a late charge in an amount as the Board of Directors may determine from time to time. In the event that the assessment remains unpaid after sixty days, the Association may, as the Board of Directors shall determine, institute suit to collect such amounts and/or to foreclose its lien. Each Lot owner, by acceptance of a deed or as a party to any other type of conveyance, vests the Association or its agents the right and power to bring all actions against such owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property.
5.10 The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month following the conveyance of such Lot to a person who has not purchased the Lot for the purpose of construction of a residence and resale of such Lot and residence. Assessments shall be due and payable in a manner and
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on a schedule as the Board of Directors may provide. Lots which have not been conveyed shall not be subject to assessment.
The Board of Directors shall have the power to specifically assess pursuant to this Section as, in its discretion, it shall deem appropriate. Failure of the Board to exercise its authority under this Section shall not be grounds for any action against the Association or the Board of Directors and shall not constitute a waiver of the Board's right to exercise its authority under this Section in the future with respect to any expenses, including an expense for which the Board has not previously exercised its authority under this Section. The Board of Directors may specifically assess Lot owners for the following Association expenses (except for expenses incurred for maintenance and repair of items which are the maintenance responsibility of the Association as provide herein):
a. Expenses of the Association which benefit less than all of the Lots may be specifically assessed equitably among all of the Lots which are benefitted according to the benefit received.
b. Expenses of the Association which benefit all Lots, but which do not provide an equal benefit to all Lots, may be assessed equitably among all Lots according to the benefit received
For so long as the Declarant has the authority to appoint the directors and officers of the Association, Declarant may advance funds to the Association sufficient to satisfy the deficit, if any, between the actual operating expenses of the Association and the sum of the annual, special and specific assessments collected by the Association in any fiscal year, and such advances shall be evidenced by promissory notes from the Association to the Declarant.
5.13 The Declarant may transfer or convey to the Association any personal property and any improved or unimproved real property, leasehold, easement, or other property interest, including without limitation, lakes, dams and recreational areas. Such conveyance shall be accepted by the Association, and the property shall thereafter become common property to be maintained by the Association for the benefit of all of its members.
6.
LAKE AND LAKE LOTS
6.1 This section and the rules, use restrictions and design guidelines issued by the Board of Directors of the Association, the Declarant, and/or the Architectural Control Committee shall govern the use of such lakes as may exist in the Staghorn Plantation Estates community. Fishing and swimming shall be permitted in the lakes. Ice skating and water skiing shall not be permitted. Except as may be permitted by the Association or its designee, no boats, other than canoes, paddle boats and fishing boats powered by electric trolling motors, shall be permitted on any lake. Retaining walls and similar
structures shall not be installed without the prior written approval of the Architectural Control Committee.
6.2 As of the date of recordation of the Declaration, no Lot owner may construct a dock. However, after the first ten Lake Lots have been sold to owners who have built a residence on such Lake Lot for their own use, the said Lake Lot owners shall have the right to meet and establish a dock program and to determine if docks may be built by all Lake Lot owners. In the event it is the determination of said first ten Lake Lot owners that individual docks should be permitted, then all Lake Lot owners shall be allowed to build one dock per Lot on the Lake, provided, however, that the size, method of construction, construction materials and placement of same must first be approved by the Architectural Control Committee.
6.3 Lot owners shall have no riparian rights with respect to the waters in any lake or stream within the Staghor Plantation Estates community and shall not be permitted to withdraw water from any lake or stream that may exist in the said community without the prior written consent of the Board of Directors of the Association or its designee. As long as the Declarant owns property in the Staghor Plantation Estates community, or which may become a part of said community, Declarant may authorize easement as may be necessary to withdraw water from such lakes or streams without the consent of the Association and Declarant may pump water from ponds, lakes, streams and other bodies of water located within the community for irrigation purposes.
6.4 Notwithstanding anything contained in this Declaration to the contrary, no pools, fences, clothes drying equipment, dog runs, signs, retaining walls, play equipment or other structure or thing which, in the sole discretion of the Architectural Control Committee or the Declarant, tends to detract from the appearance of the lakeshore, shall be permitted on any Lake Lot, without the prior written consent of the Architectural Control Committee and the Declarant.
6.5 There is hereby reserved, for the benefit of all owners of Lots in Staghorn Plantation Estates, an access easement over and across that portion of all Lake Lots covered with water from the lakes, if any, with the intent to allow free access and use of the lakes to all members in good standing of the Association and their families: Navigational obstructions shall not be permitted, including, but not limited to, fences or other structures, whether floating or otherwise, that would hinder safe navigation of the lake or interfere with the use of the lake as approved by the Association.
6.6 Prior to the commencement of any construction or grading on any Lot that abuts or adjoins any lake, the Lot owner shall have (i) established a soil erosion program acceptable to Declarant and (ii) erected appropriate silt fences on the site to prevent all soil erosion and the washing of silt into the lakes or onto the surrounding property. Prior to the commencement of construction or grading on any of the Lots which do not abut or adjoin any lake, appropriate soil erosion measures shall be taken during construction and grading, including, without limitation, the erection of silt fences.
6.7 The Association shall have the right to establish and enforce all rules and regulations pertaining to the recreational use of the lakes, including but not limited to safety rules and regulations, access control and prohibited activities.
6.8 As to any lot or common property which abuts or is appurtenant to any portion of any lake of stream within the Staghor Plantation Estates community, there is hereby reserved for the benefit of the Declarant and the Association an easement over that portion of the Lot or common property on which water from such lake or stream lies during times of high water, regardless of how such high water is caused. All Lot owners, by acceptance of a deed therefore, assume all risks associated with such high water and covenant not to make any claim or institute any action whatsoever (including claims or actions which could be brought through the Association) against any person, including without limitation the Declaration or the Association as a result of such high water or any damage which may be caused thereby.
7.
MISCELLANEOUS
7.1 This Declaration may be amended unilaterally at any time and from time to time by Declarant (a) if such amendment is necessary to bring any provision hereof into compliance with any applicable govermental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (b) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (c) if such amendment is required by an institutional or govemmental 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, (d) if such amendment is necessary to enable any governmental agency or reputable private insurance company to insure or guarantee mortgage loans on the Lots subject to this Declaration; or (e) if such amendment is required by the EPA or the Army Corps of Engineers to enable such entity to issue any permit in connection with the development or maintenance of any of the amenities at Staghor Plantation Estates; provided, however, that any such amendment shall not adversely affect the title to any owner's Lot unless such Lot owner shall consent thereto in writing.
7.2 In addition to the above, this Declaration may be amended upon the affirmative vore or written consent, or any combination thereof, of the owners of at least 2/3 of the Lots and the consent of the Declarant (so long as the Declarant owns any property which is or may become part of the Staghorn Plantation Estates community). Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. No provision of this Declaration which reserves or grants special rights to the Declarant shall be amended without the Declarant's prior written approval. 7.3 For so long as Declarant owns any property which is or may become a part of the Staghor Plantation Estates community, Declarant shall have the right to grant to persons
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who are not members of the Association the right to use the recreational facilities constructed by Declarant in the community. The extent and duration of non-member use and the fee to be charged therefor shall be determined solely by Declarant. The Declarant may grant nonmember use rights to individuals on a nonrenewable annual basis or as an easement appurtenant to such individuals' residential real property so that such use rights shall automatically inure to the benefit of both the original grantees and their respective successors in title to such real property. For so long as Declarant owns such recreational facilities, nonmember user fees shall be paid to Declarant. If such recreational facilities are conveyed to the Association, nonmember user fees shall be paid to the Association.
7.4 It shall be the responsibility of each Lot owner to maintain adequate hazard and liability insurance on the improvements on their Lot, to repair or reconstruct any improvements damaged by fire or other casualty, with said repair and reconstruction being undertaken within thirty (30) days after final settlement of any insurance claims affecting such damage. In any event, however, repair or reconstruction must be accomplished within nine months of the date of the loss. Said repair and reconstruction must comply in all respects with the requirements for exterior appearance and landscaping set forth in these restrictions.
7.5 A form letter from the Board of Directors of the Association will be sent to any Lot owner when it is determined by the Board of Directors that a violation of these covenants and restrictions exist. The form letter will not be sent to alienate the Lot owner, but rather to bring to such owners attention the fact that a violation has been noted. It is the intent that such letter notification shall provide the Lot owner the opportunity to correct such violation with minimum involvement by the Association.
IN WITNESS WHEREOF, Declarant has caused this instrument to be executed this 1' day of February, 2002.
STAGHORN PLANTATION ESTATES, INC.
Signed, sealed and delivered A Georgia Corporation
in the presence of:
(Signed) Tina Ervin (Signed) Jack Holder
By: (SEAL)
Witness Jack Holder, President
(CORPORATE SEAL)
(Signed) Kristi Young FILED SUPERIOR COURT
JACKSON COUNTY, GA
Notary Public 2002, MAR 14, AM 11:47
[NOTARIAL SEAL] REBA PARKS, CLERK
Notary Public, Jackson County, Georgia DEED BOOK 25Z PAGE 753-765
My Commission Expires March 9, 2003 02-3337