Covenants
RUSSELL T. QUARTERMAN, P.C.
' Attorneys and Counselors at Law
1671 Meriweather Drive, Suite 103
Bogart, Georgia 30622 .
Tel: (706) 543-7777
Facsimile: (706) 543-1844
rtqpc@negia.net
STATE OF GEORGIA
OCONEE COUNTY
DECLARATION
OF COVENANTS, RESTRICTIONS AND EASEMENTS
TRIPLE CREEK AT MALCOLM BRIDGE, PHASE ONE, SECTION TWO
THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR TRIPLE CREEK AT MALCOM BRIDGE, PHASE ONE, SECTION TWO, is made this. _ day of September, 2005, by PETER B's CONSTRUCTION, INC., (hereinafter referred to as Declarant).
BACKGROUND STATEMENT
WHEREAS, Declarant is the owner of real property located off of Malcolm Bridge Road in Oconee County, Georgia, known as Triple Creek at Malcolm Bridge, Phase One, Section Two, consisting of Block. #A", entitled, "Triple Creek at Malcolm Bridge, Phase One, Section Two, Oconce County, Georgia, Planned Unit Development Portion of a Master Planned Development", sheets 1-2, by Schmitt Engineering and Land Surveying, Inc., Phillip J. Schmitt, Georgia Registered Land Surveyor # 2387, said Plat having been recorded in the Office of the Clerk of Superior Court for Oconee County, Georgia, at Plat Book , Pages _ ; and_
• WHEREAS, Declarant has developed the real property described in Exhibit "A" as a Planned Unit Development, (hereinafter referred to as the 'Development), being a portion of a larger Master Planned Development presently known as "Triple Creek at Malcolm Bridge". Declarant intends by this Declaration to impose mutually beneficial restrictions under a general plan of improvement for the benefit of all owners of residential property the Planned Unit Development made subject to this Declaration, by the recording of this Declaration and amendments thereto. Declarant desires to establish a method for the administration, maintenance, preservation, use and enjoyment of the property that is now or hereafter subjected to this Declaration; and
WHEREAS, Declarant has caused the Association (as hereinafter defined) to be formed as a non-profit civic organization to perform certain functions for the common good and general welfare of the Owners (as hereinafter defined); and
NOW THEREFORE, The Declarant hereby declares that all of the real property described above and further described on Exhibit "A?, attached hereto, shall be held, sold and conveyed subject to this Declaration of Covenants, Restrictions and Easements, which is for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property (as hereinafter defied). The Covenants; Restrictions and Easements set forth herein shall run with the Property, and shall be binding on all parties having or acquiring any right, title or interest in the Property or any part thereof, and shall, subject to the limitations herein provided, inure to the benefit of each Owner, his or her heirs, grantees, distributees, successors and assigns and to the benefit of the Association.
The Declarant has determined that it is in the mutual benefit of all owners of residential property in the Development, to maintain the lawns and landscaping in a uniform and attractive manner. Therefore, to assure the aforementioned, it shall be the responsibility of the Association to provide for landscaping maintenance and lawn maintenance for the front, rear and side yards of the lots.
ARTICLE I
DEFINITIONS
The following words, when used in this Declaration of Covenants, Restrictions and Easements, shall have the following meanings:
1.1 Association. "Association" shall mean and refer to the Triple Creek at Makcolm Bridge Property Owner's Association, Inc., a non-profit Georgia corporation, its successors and assigns.
1.2 Board. "Board' means the Board of Directors of the Association.
1.3 By-Laws. "By-Laws" means the By-Laws of the Association.
1.4 Commencement Date. "Commencement Date" means the date on which the first Residence is sold to a third party other than Declarant.
1.5 Common Property. "Common Property" means all that real property shown in Exhibit "A", less and except the Residential Lots, private rights-of-way, and any other easements, restrictions and exclusions of record listed herein or shown on the Plat (together with any and all improvements now or hereafter located thereon), owned by the Association, or in certain instances over which the Association or other approved entity has been granted permanent easements, for the common use and enjoyment of the Owners.
1.6 Declarant. "Declarant means PETER B'S CONSTRUCTION, INC., a Georgia corporation qualified to do business in the State of Georgia, and its successors-in-title and assigns, provided any such successors-in-title or assigns shall acquire for the purpose of sale of any remaining unsold portions of the real property subject to this Declaration, provided further in the instrument or conveyance to any such successor-in-title or assign, such successor-in-title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon such designation of successor Declarant, all rights and obligations of the former Declarant in and to such status as "Declarant hereunder shall cease, it being understood that as to all of the property described in Exhibit "A," attached hereto, and which is now subjected to this Declaration, there shall be only one person or legal entity entitled to exercise the rights and powers of the "Declarant" at one time.
1.7 Member. "Member" means any member of the Association.
1.8 Membership. "Membership" means the collective total of all Members of the Association. 1.9 Occupant. "Occupant" shall mean any person occupying all or any portion of a Residence located within the Development for any period of time, regardless of whether such Person is a tenant or the Owner of such property.
1.10 Owner. "Owner" means the record owner (including Declarant), whether one or more persons or entities, of a fee simple title to any Lot; provided however, that where fee simple title has been transferred and is being held merely as security for the repayment of a loan, the person or entity who would own the Lot in fee simple if such loan were paid in full shall be considered the Owner.
1.11 Property. "Property" means that certain real property hereinabove described.
1.12 Residence. "Residence" or "Lot" shall include the structure situated upon a Lot intended for independent use and occupancy as a residence for a single family. This definition shall include the attached Lots. A structure and the land owned as a part thereof (the Lot) shall not become a Residence until a certificate of occupancy shall have been issued by the appropriate governmental authorities as a pre-requisite to the occupancy of such Residence and until the Lot and structure located thereon shall have been conveyed to a third party other than the builder thereof. The Owner of a Residence shall notify the Association of its designee immediately upon issuance of a Certificate of Occupancy for the Residence.
1.13 Restrictions. "Restrictions" means all covenants, restrictions, easements, charges, liens and other obligations created or imposed by this Declaration.
1.14 Structure. "Stiucture"means any thing or object the placement of which upon any Lot may affect the appearance of such Lot, including by way of illustration and not limitation, any building or part thereof, garage, porch, shed, or any other temporary or permanent improvements to such Lot.
1.15 Lot. "Lot" shall be defined herein as that numbered and delineated residential dwelling, together with its constituent garage and its private "yard/patio area", , and shall include any overhangs such as roofs and balconies, where applicable, all as are more specifically shown on the Plat for Phase One, Section Two, dated March 15i 2005, entitled, "Triple Creek at Malcolm Bridge, Phase One, Section Two, Oconee County, Georgia, Planned Unit Development Portion of a Master Planned Development_ sheets 1-2, by Schmitt Engineering and Land Surveying, Inc., Phillip J. Schmitt, Georgia Registered Land Surveyor # 2387, said Plat having been recorded in the Office of the Clerk of Superior Court for Oconee County, Georgia, at Plat Book → Pages _, same is supplemented from time to time to submit additional Lots hereunder to this Declaration as is provided for under this Declaration.
ARTICLE II
COMMON PROPERTY
2.01 Conveyance of Common Property
(a) The Declarant may from time to time convey or grant easements to the Association, or other entity approved by the Government of Oconee County, Georgia, at no expense to the Association or entity, and in accordance with this Section, real and personal property for the common use and enjoyment of the Owners of Residences (such real and personal property is hereinafter collectively referred to as "Common Property") and, to the extent set forth in this Declaration of Covenants, Restrictions and Easements, the general public. 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 recorded in the Office of the Clerk of Superior Court for Oconee County, Georgia at Deed Book Pages _ At such time as seventy-five (75%) percent of the Lots in Triple Creek Phase One, Section One and Triple Creek Phase One, Section Two 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. The Association hereby covenants and agrees to accept from the Declarant all such conveyance of Common Property.
(b) The Declarant, may, at Declarant's sole discretion, modify, alter, increase, reduce and otherwise change the Common Property contemplated to be conveyed to the Association in accordance with this subsection (b) of this Section 2.01 at any time prior to conveyance of such Common Property to the Association.
(c) In addition to the property described in subsection (b) of this Section 2.01, the Declarant may convey to the Association in accordance with this Section 2.01 such other real and personal property as the Declarant may determine to be necessary or proper for the Development or any conveyances required under applicable law, including, but not limited to, and valid requirements of the Government of Oconee County, Georgia.
(d) Notwithstanding any legal presumption to the contrary, the fee title to, and all rights in, any portion of the Property owned by the Declarant and designated as Common Property or designated for public use shall be reserved to the Declarant until such time as the same shall be conveyed to the Association or to any municipality or. other governmental body, agency or authority.
2.02 Right of Enjoyment. Every Owner of a Residence shall have a right and easement to use and enjoy the Common Property, which right shall be appurtenant to and shall pass with the title to every Lot upon transfer; provided, however, that no Owner shall do any act which interferes with the free use and enjoyment of the Common Property by all other Owners. The Association may permit persons who are not Owners of Residences to use and enjoy part or all of the Common Property subject to such limitations, and upon such terms and conditions, as it may from tire to time establish. The right and easement of enjoyment granted or permitted by this Section 2.02 is subject to suspension by the Association as provided in Section 2.03(f) and 3.05.
2.03 Rights of the Association. The rights and privileges conferred in Section 2.02 hereof shall be subject to the right, and where applicable, the obligation, of the Association acting through the Board to:
(a) promulgate rules and regulations relating to the use, operation and maintenance of the Common Property.
(b) borrow money for the purpose of carrying out the activities of the Association, including the acquisition, construction, improvement, equipping and maintenance of the Common Property, and in aid thereof to encumber by deed to secure debt, mortgage or other security interest any or all of the Association's property including Common. Property and revenues from assessments, user fees and other sources; and provided, however, that, during the period when the Declarant has the right to appoint members of the Board, the Association shall not deed, grant or convey to anyone any mortgage, deed to secure debt or other security interest on or in Common Property constituting real estate without approval by Declarant and a two-thirds (2/3) vote of the Members who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the By-Laws of the Association;
(c) grant easements or rights of way over Common Property to the Declarant, any municipality or other governmental body, agency or authority, neighboring or affiliated Property Owner's Association, to any quasi-public agency or to any utility company or cable television or high speed internet system for any legal purpose;
(d) dedicate or transfer all or any part of the Common Property or interests therein to any municipality or other governmental body, agency or authority for such purposes and subject to such provisions and conditions as may be agreed upon by the Association and such grantee, including a provision that such property or interest shall, if such dedication or transfer is approved by a two-thirds (2/3) vote of the Members who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the By-Laws of the Association, cease to be subject to this Declaration or all or any part of the Restrictions while held by any such municipality or other governmental body, agency or authority;
(e) charge reasonable fees in connection with the admission to and use of facilities or services by Members and non-members; provided that in setting any such fee the Board may establish reasonable classifications which shall be uniform within each such class but need not be uniform between such classes;
(f) suspend, pursuant to Section 3.05, the voting rights of any Member and the right of enjoyment granted or permitted by Section 2.02;
(g) sell, lease or otherwise convey all or any part of its properties and interests therein;
(h) enforce all applicable provisions of valid agreements of the Association relating to the Common Property or any part thereof; and
(i) maintain any and all landscaping treatments previously installed by the Declarant, to the extent that such landscaping is not otherwise maintained by the appropriate Private entity having jurisdiction over the roads located within the Development.
2.04 Types of Common Property. Except as otherwise provided herein, and subject to the restrictions imposed by the Conservation Easement recorded simultaneously herewith, at the time of the conveyance of any real property or grant of easement by Declarant to the Association to be used as Common Property, the Declarant shall designate in the deed of conveyance or easement that such real property is to be Common Property, and further may designate in the deed of conveyance or easement the specific or general purpose or purposes for which such real property or any portion thereof may be used, and in such event, such real property or portion thereof shall not, without a two-thirds (2/3) vote of the Members of the Association, be used for any different purpose or purposes without the prior written consent of the Declarant.
(A) Any steps or porches that adjoin a Lot and are located within the Common Area shall be for the exclusive use of that Lot located immediately adjacent to said steps or porches. Where steps or porches are shared as between two or more Lots, as shown on the Plat, then said steps or porches shall be for the shared mutual use and enjoyment as to access by Lot Owners to and from their Lots, provided however, the porch areas shall be for the for
the exclusive use of that Lot located immediately adjacent to porch area to the extent that same is not necessary for the access to and from the adjacent Lot.
(B) To the extent that any air conditioning or HVAC unit, including any constituent equipment, is located within the Common Area and outside of the dimensions of a Lot, the Lot Owner shall have the right to operate and maintain and the right of access as to said unit and equipment for repair and maintenance.
2.05 Delegation of Use. Any Owner may delegate to the members of his family or his tenants who reside on a Lot, in accordance with the By-Laws, his right to use and enjoy the Common Property.
2.06 Maintenance and Repair. The Association shall provide maintenance and repair as follows: (a) Except as may be herein otherwise specifically provided, the responsibility of the Association with respect to maintenance, repair and replacement shall be to maintain, repair or replace all portions of the Common Property. This maintenance shall include, without limitation, maintenance, repair and replacement, subject to any insurance then in effect, of all landscaping, and street-light systems, and improvements situated on the Common Property, Pool, Tennis Courts, Sidewalks, and ensure access to the cemetary located on the Greater Master Planned Development. In addition, the Association shall maintain grass, entranceways and other landscaping located along or in dedicated rights of way which were installed and maintained by Declarant, to the extent permitted by the applicable governmental authority; the Association shall maintain all paved areas such as roads, retaining walls, sidewalks, not otherwise maintained by the appropriate governmental body. Driveways will not be maintained.by the Association. Owners shall, at their expense, maintain their own driveways: If a driveway is shared by more than one Lot owner, then those owners shall pay for the costs of repair or replacement of their shared driveways. In addition, the Association shall not be responsible for the repair or replacement of the roof of attached Units, which repair shall be the shared responsibility of the owners of attached units to repair and replace their shared common roof. Lot owners shall pay for the maintenance repair and replacement of steps and porches serving Lots. The maintenance and costs or repair or replacement of shared steps and porches serving two or more Lots shall be shared by the Lots that said steps and porches serve.
The Association shall also have the right, but not the obligation, to maintain and provide services for other property not owned by the Association, whether located within or without the boundaries of the Community, and to enter into easements and covenants to share cost agreements regarding such property where the Board has determined that this would benefit Owners.
(b) The Association shall be responsible for the landscaping and lawn maintenance of the Lots. Each Lot Owner subject to this Declaration shall maintain his own Lot in all respects, including, but not limited to the private • patio, garage and any other portions of a Lot. The Association shall not be responsible for the repair or replacement of shared portions of a Lot which are shared by Lot Owner, including, but not limited to a shared roof of attached Lots, which repair shall be the shared responsibility of the owners of attached units to repair and replace. In addition, ingress-egress driveways shall not be maintained by the Association and Lot owners shall, at their expense, maintain their own ingress-egress driveways, which shall be used for the mutual use and enjoyment of the Lot Owners that said driveways serve. If a ingress egress driveway is shared by more than one owner, then those shared owners agree to cooperate in the repair or replacment of their shared driveways.
(c) The Association and the Declarant shall not be liable for injury or damage to a person or property caused by the elements or by any Owner, or by any other person, or resulting from any utility, rain, snow or ice which may leak or flow from any portion of the Common Property or from any pipe, drain, conduit, appliance or equipment, the responsibility for the maintenance of which is that of the Association, nor shall the Association be liable to any Owner for loss or damage, by theft or otherwise, of any property which may be stored in or upon any part of the Common Property. No diminution or abatement of assessments shall be claimed or allowed by reason of any alleged failure of the Association to take some action or perform such function required to be taken or performed by the Association under this Declaration, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association, or from any action taken by the Association to comply with any law, ordinance or with any order or directive of any municipal or other governmental authority.
2.07 Utility Easements. In order to efficiently provide electrical utility service to residences situate on lots in the Subdivision, the Declarant may install electrical service meters on a residence which may service the other residences which adjoins same. The Declarant, therefore, may install electrical wiring and service through the attics or floor trusses of certain units to service other adjacent units.
Upon installation of the aforementioned electrical wiring and service, there shall be established a perpetual easement to each lot owner for the specific purpose of repairing and maintaining said electrical wiring where same traverses an adjacent owner's lot.
2.08 Right to Create Additional Lots. Notwithstanding any other provision to the contrary contained herein in this Declaration, the Declarant shall have the express right to re-designate, from time to time, portions of the existing and conditions: Common Areas designated on Phase One, Section Two, and create additional Lots thereon, subject to the following terms
(a). The maximum number of Lots that may be constructed which may be created on any portion of the Common Areas is the maximum density allowed by the Zoning Ordinances of Oconee County, Georgia. Provided, however, it is anticipated that Phase One, Section Two, shall ultimately consist of thirty four (34) Lots, to consist of Lots 1292 and 1301, to be located on Block "A", Lots 1020, 1030, 1040, 1050, 1060, 1070, 1080 and 1090, to be located on Block "B- , Lots 1130, 1140, 1150, 1160, 1311, 1321, 1321, 1341, to be located on Block B-2", Lots 1131, 1141, 1151, 1161 171, 1181, 1191 and 1201, to be located on Block "C" and Lots 1280, 1290, 1300, 1310, 1320, 1330, 1340, and 1350, to be located on Block iDI
(b) The dimensions of the additional Lots shall be determined at the sole discretion of the Declarant, subject to the terms of this Declaration and the regulations of the Government of Oconee County, Georgia.
(c) Upon the completion of an additional Lot or Lots, a revised Plat of Survey shall be prepared and recorded in the Office of the Clerk of Superior Court for Oconee County, Georgia said revised Plat showing the location and placement of Lots located within Phase One Section Two.
(d) Except as specifically provided otherwise herein in this Declaration, there are no limitations concerning additional Lots with regard to the time of the addition of the additional Lots, the order of the addition of the additional Lots, or the boundaries of the additional Lots.
(e) Except as specifically provided otherwise herein, there are no limitations as to any improvements that may be made on any portions of additional Lots.
(f) All additional Lots will be subject to the restrictions contained herein in this Declaration and the provisions of the Zoning Ordinances of Oconee County, Georgia.
(g) Except as specifically provided otherwise herein, there are no assurances made concerning ariy other improvements which will be made on the additional Lots.
(h) The Declarant shall have the right to create limited common elements within any portion of the additional Lots or to designate other common elements which may be subsequently assigned as limited common elements to the additional Lots, subject to no limitation.
(I) The Declarant shall have no obligation to convey the Common areas located within Phase One, Section Two to the Association until the final Lot has been completed. At such time, said Common areas shall be conveyed.
(i) Except as specifically provided herein, there are no other limitations to the rights created in this Section 2.08.
ARTICLE I!!
HOMEOWNERS' ASSOCIATION
3.01 Purposes, Powers and Duties of the Association. The Association shall be formed as a non-profit civic organization for the sole purpose of performing certain functions for the common good and general welfare of the people of the Development. In addition to performing certain functions for the common good and general welfare of the people and the property shown on the Attached Exhibit "A", ', specifically including Triple Creek at Malcolm Bridge Phase One, Section Two, The Association shall in addition performing certain functions for the common good and general welfare of the people and property located in the other portions of the Triple Creek at Malcolm Bridge Master Planned Development, including, but not limited to Triple Creek at Malcolm Bridge Phase One, Section One or other added properties under the Master Planned Development. The Association shall have no power or duty to do or perform any act or thing other than those acts and things which will promote in some way the common good and general welfare of the people of the Subdivision. To the extent, and only to the extent, necessary to carry out such purpose, the Association (a) shall have all of the powers of a corporation organized under the Georgia Nonprofit Corporation Code and (b) shall have the power and duty to exercise all of the rights, powers and privileges and to perform all of the duties and obligations of the Association as set forth in this Declaration.
3.02 Membership in the Association. Every Owner shall automatically be a member of the Association and such membership shall terminate only as provided in this Declaration of Covenants, Restrictions and Easements. For purposes of voting, there shall be two (2) classes of Members as set forth in Section 3.03. As the Development is part of the greater Master Planned Development known as "Triple Creek at Malcolm Bridge", certain portions of the Assessments for Lot owners in the Triple Creek at Malcolm Bridge, Phase One, Section Two shall be applied toward reasonable shared common maintenance fees and expenses which benefit the Lot Owners in the Development which are shared with property owners on other portions of the Greater Triple Creek at Malcolm Bridge Master Planned Development. It is hereby expressly agreed that additional Association members and Phases of Triple Creek at Malcolm Bridge may be added to this Association and its membership in the future to meet the needs of the community.
3.03 Voting Rights.
(a) Each Owner of a Residence, with the exception of Declarant, shall be a Class A Member and shall be entitled to one (1) Class A vote per Residence. Where such Owner is a group or entity other than an individual person, the vote on behalf of such Owner shall be exercised only by such individual person as shall be designated in a proxy instrument duly executed by or on behalf of such group or entity and delivered to the secretary of the Association.
(b) The Declarant shall be the sole Class B Member and shall be entitled to vote three (3) votes for each Lot or Residence owned; provided, however, in no event shall the Class B Member have less than the total number of Class A votes plus one (1). The Class B Membership shall cease and be converted to Class A Membership at such time as Declarant no longer retains the right to appoint and remove members of the Board and officers of the Association pursuant to Section 3.08 below.
3.04 Board of Directors. The affairs of the Association shall be managed by a Board of Directors. The number of Directors and the method of election of Directors shall be as set forth in the By-Laws of the Association.
3.05 Suspension of Membership. The Board may suspend the voting rights of any Member and the right of enjoyment of the Common Property of any person who:
(a) shall be subject to the Right of Abatement, as defined in Section 7.02 by reason of having failed to take the reasonable steps to remedy a violation or breach of the Restrictions within thirty (30) days after having received notice of the same pursuant to the provisions of Section 5.10 or 7.02 hereof;
provisions of Article IV hereof; or (b) shall be delinquent in the payment of any assessment levied by the Association pursuant to the
(c) shall be in violation of the rules and regulations of the Association relating to the use, operation and maintenance of Common Property. Such suspension shall be for the balance of the period in which said Member or person shall remain in violation, breach or default, as aforesaid, except that in the case of a violation described in subsection (c) of this Section 3.05, the suspension may be for a period not to exceed 60 days after the cure or termination of such violation. No such suspension shall prevent an Owner's ingress to or egress from his Lot.
3.06 Termination of Membership. Membership shall cease only when a person ceases to be an Owner. 3.07 Voting Procedures. The procedures for the election of Directors of the Association and the resolution of such other issues as may be brought before the membership of the Association shall be governed by this Declaration, the Georgia Nonprofit Corporation Code, the Articles of Incorporation of the Association, and the ByLaws of the Association, as each shall from time to time be in force and effect.
3.08 Control by Declarant.
(a) Notwithstanding any other language or provision to the contrary in this Declaration, in the Articles of Incorporation, or in the By-Laws of the Association, Declarant hereby retains the right to appoirit and remove any members of the Board of the Association and any officer or officers of the Association until 15 days after the first of the following events shall occur: (I) the expiration of twenty (20) years after the date of the recording of this Declaration; (ii) the date upon which all of the Lots have been conveyed by Declarant to Owners other than a person or persons constituting Declarant, or (iii) the surrender by Declarant of the authority to appoint and remove directors and officers by an express amendment to this Declaration executed and recorded by Declarant, provided, however, that the Owners shall be entitled to elect certain members of the Board of the Association in accordance with the terms of the By-Laws of the Association which shall not be removable by the Declarant acting alone.
(b) Upon the expiration of the period of Declarant's right to appoint and remove directors and officers of the Association pursuant to the provisions of this Section, such right shall automatically pass to the Owners, including Declarant if Declarant then owns one or more Lots; and a special meeting of the Association shall be called at such time. At such special meeting the Owners shall elect a new Board of Directors which shall undertake the responsibilities of the Board and Declarant shall deliver the books, accounts, and records, if any, which Declarant has kept on behalf of the Association during such period which Declarant has in its possession. Each Owner by acceptance of a deed to or other conveyance of a Lot vests in Declarant such authority to appoint and remove directors and officers of the Association as provided in this Section. The Association may exercise any other right or privilege given to it reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.
ARTICLE IV
ASSESSMENTS
4.01 Covenant for Assessments and Creation of Lien and Personal Obligation. Each Owner of a Residence, jointly and severally, for himself, his heirs, distributees, legal representatives, successors and assigns, by acceptance of a deed for a Residence, whether or not the covenant contained herein shall be expressed in any such deed, hereby. covenants and agrees as follows:
(a) to pay to the Association the annual assessments which may or shall be levied by the Association pursuant to this Declaration against all Residences owned by him;
(b) to pay the Association any special assessments for capital improvements and other charges which may or shall be levied by the Association pursuant to this Declaration against all Residences owned by him;
(c) that there is hereby created a continuing charge and lien upon all Residences owned by him against which all such assessments are made to secure payment of such assessments and any interest thereon as provided in Section 4.09 hereof and costs of collection including reasonable attorneys' fees;
(d) that such continuing charge and lien on such Residence binds such Residence in the hands of the ther Owner, and the Owner's heirs, devisees, legal representatives, successors and assigns. Such charge and lien is
superior to any and all charges, liens or encumbrances which may hereafter in any manner arise or be imposed upon such Lots whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage, deed to secure debt, or other instrument, except (I) such liens for taxes or other public charges as are by applicable law made superior and (ii) all deeds to secure debt given to secure a loan the proceeds of which are used (1) to purchase a Residence or Residences (together with any and all Structures which may from time to time be placed or located thereon) and (2) to finance the construction, repair or alteration of Structures.
for any assessment thereafter assessed; (e) that no sale or transfer at foreclosure or in lieu of foreclosure shall relieve any Residence from liability 4.09 of this Declaration and costs of collection including reasonable attorneys' fees) levied against any Residence (f) that all annual, special and specific assessments (together with interest thereon as provided in Section owned by him during the period that he is an Owner shall be (in addition to being a continuing charge and lien against such Residence as provided in Section 4.01 (c) of this Declaration) as personal obligation which will survive any sale or transfer of the Residence owned by him; provided, however, that such personal obligation for delinquent assessments shall not pass to an Owner's successor in title unless expressly assumed by such successor. purpose of providing for the common good and general welfare of the people of the new community of the 4.02 Purpose of Assessment. The assessments levied by the Association shall be used exclusively for the Development, including, but not limited to, security, the acquisition, construction, improvement, maintenance and equipping of Common Property, the enforcement of the Restrictions contained in this Declaration, the payment of owed by the Association. operating costs and expenses of the Association and the payment of all principal and interest when due on all debts
4.03 Accumulation of Funds Permitted. The Association shall not be obligated to spend in any calendar year all the sums collected in such year by way of annual assessments or otherwise, and may carry forward, as surplus, any balances remaining; nor shall the Association be obligated to apply such surplus to the reduction of the amount of the Annual Assessments in any succeeding year, but may carry forward from year to year such surplus as puposes. the Board may deem to be desirable for the greater financial security of the Association and the effectuation of its
4.04 Annual Assessment.
(a) Beginning on the Commencement Date and continuing thereafter until January 1 of the year immediately following the Commencement Date, each Lot shall be subject to an annual assessment of One Thousand Twenty Dollars and No/100 ($1,020.00) per Residence. In the event that the Commencement Date falls on a day other than January 1, the annual assessment for such year shall be prorated so that each Owner pays an annual assessment proportional to the number of days remaining in the calendar year. Declarant may bill each Owner the annual assessment on a monthly, quarterly or annual basis, as it deems fit. The words "Asséssment Year" as used herein shall mean the calendar year with the first Assessment Year commencing on January 1 of the year immediately following the Commencement Date. For so long as Declarant has the right to appoint and remove Declarant. Directors and Officers of the Association, the annual assessment shall not be reduced without the express consent of
(b) Commencing with the first Assessment Year and continuing thereafter, the annual assessment may be increased at any time and from time to time during each Assessment year not more than ten percent (10%) above the annual assessment for the previous Assessment Year without a vote of the Membership.
(c) Commencing with the first Assessment Year and continuing thereafter, the annual assessment for each Assessment Year may at any time and from time to time be increased more than ten percent (10%) above the maximum antual assessment for the previous Assessment Year if such increase is approved by a two-thirds (2/3) vote of the Members of the Association who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the provisions of the By-Laws of the Association and this Declaration.
4.05 Special Assessments. In addition to the annual assessments authorized by this Article IV, the Association may levy, in any Assessment Year and with such frequency as the Association shall deem necessary, special assessments for the purpose of paying, in whole or in part, any unanticipated operating expenses, as well as the cost of any construction, reconstruction, repair or replacement of a capital improvement on the Common Property. Such capital improvements include, but are not limited to the Private Drives that serve the Development. Such special assessments may be levied by the Board in any Assessment Year without the written approval of the members, which special assessments in the aggregate do not exceed an amount equal to the annual assessment then in effect. Special assessments exceeding said amount shall require the approval of two-thirds (2/3) of the Members of the Association who are present in person or by proxy at a meeting of Members duly held in accordance with the provisions of the By-Laws of the Association and this Declaration. At the Closing for a title holder conveyance change of a Lot, a one time One Hundred Dollar ($100.00) fee will be assessed toward the operation and maintenance of the swimming. Pool.
4.06 Assessment Procedures.
(a) The Board shall establish the annual assessment for each Assessment Year at an amount not in excess of the maximum annual assessment as determined by the provisions of this Article IV, and shall also establish the date during the Assessment Year on which the annual assessment shall be due and payable (such date is hereinafter referred to as the "Due Date"). The Board shall also establish an annual budget which shall list the estimated operating expenses and shall contain an amount to be set aside each year into a reserve allowance to be used for future repair and replacement of the Common Property; provided, however, in no event shall the Board be required to provide for a reserve sufficient to cover all such future repair and replacement of the Common Property, it being intended that a portion of such costs will be covered by Special Assessments. The Board shall cause the Association to send to each Owner at least thirty (30) days in advance of the Due Date written notice setting forth the amount of the annual assessment and the Due Date. The annual assessment shall be become due on the thirtieth (30) day following such written notice or the Due Date, whichever is later. In the event that the Board fails for any reason to fix the annual assessment for any year, then until such time as an assessment shall have been determined, the assessment in effect for the previous year shall continue. The Board may establish reasonable payment procedures to allow or require payment of the annual assessment in installments during the Assessment Year. The Board shall also establish payment procedures for payment of any special assessments for capital improvements which may be levied in accordance with the provisions of this Article IV.
(b) All Members of the Association shall be given written notice by the Board not less than thirty (30) nor more than sixty (60) days in advance of any meeting of the Members of the Association at which the Board shall propose taking action pursuant to Section 4.04(c) and Section 4.05 of this Article IV. Such written notice shall specify under which sections the Board will propose action. At such meeting, the presence of Members or of proxies entitled to cast fifty percent (50%) of the total votes outstanding shall constitute a quorum. If the required quorum is not present at such meeting may be called by the Board subject to the same notice requirement, and the required quorum at such second meeting shall be thirty percent (30%) of the total votes outstanding. No such second meeting shall be held more than sixty (60) days following the first meeting. If the required quorum is not present at the second meeting, the Board may take such action without approval of the Members.
4.07 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Residences.
4.08 Contribution By Declarant. For so long as Declarant has the authority to appoint and remove Directors and Officers of the Association, Declarant shall not be liable for the payment of any assessments. Provided, however, during said period Declarant shall advance funds to the Association sufficient to satisfy the deficit, if any, between the actual operating expenses of the Association (but specifically not including an allocation for the reserve allowance), and the sum of annual, special and specific assessments collected by the Association in any Assessment Year, and such specific assessments collected by the Association in any Assessment Year, and such advances shall be evidenced by promissory notes from the Association to Declarant.
4.09 Effect of Nonpayment of Assessments. Any Assessment which is not paid on or before the Due Date shall bear interest after the Due Date at the lower of the highest legal rate of interest which can be charged or the rate of eighteen percent (18%) per annum or at such rate as the Board may from time to time establish, provided,
however, that in no event shall the Board have the power to establish a rate of interest in violation of the laws of the State of Georgia. In the event of default in the payment of any one or more installments of an assessment, the Board may declare any remaining balance of the assessment at once due and payable. In the event that an owner shall fail to pay fully any portion of any assessment prior to the date on which payment is due, such unpaid portion (including any remaining balance declared immediately due and payable in accordance with the preceding sentence), together with interest and costs of collection of such Owner, shall be a binding personal obligation of such Owner, as well as a lien on such Owner's Residence enforceable in accordance with the provisions of this Declaration.
4.10 Certificate of Payment. Upon written demand by an Owner, the Association shall within a reasonable period of time issue and furnish to such Owner a written certificate stating that all assessments (including penalties, interest and costs, if any) have been paid with respect to any Lot owner by said Owner as of the date of such certificate, or that all assessments, interest and costs have not been paid setting forth the amount then due and payable. The Association may make a reasonable charge for the issuance of such certificate. Any such certificate, when duly issued as herein provided, shall be conclusive and binding with regard to any matter therein stated as between the Association and any bona fide purchaser of, or lender on, the Lot in question.
4. 11 Approval by Declarant. Notwithstanding anything to the contrary contained herein, no special assessment shall be made without the Approval of Declarant for so long as Declarant has the right to appoint officers and directors of the Association.
4.12 Specific Assessments The Board shall have the power to specifically assess pursuant to this Section as, in its discretion, it shall deem appropriate. Failure of the Board to exercise its authority under this Section shall not be grounds for any action against the Association or the Board 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 may specifically assess Owners for the following expenses, except for expenses incurred for maintenance and repair of items which are the maintenance responsibility of the Association as provided herein:
(a) Expenses of the Association which benefit less than all of the Residences, which may be specifically assessed equitably among all of the Residences which are benefitted according to the benefit received;
(b) Reasonable fines as may be imposed in accordance with the terms of the Declaration and By-Laws.
ARTICLE V
GENERAL COVENANTS AND RESTRICTIONS
In addition to those Covenants and Restrictions located in 5.01 Application. The covenants and restrictions contained in this Article V shall pertain and apply to all Lots and to all Structures erected or placed thereon.
5.02 Restriction of Uses. Lots may be used for single-family residences only and for no other purposes provided that Declarant and its duly authorized agents, representatives and employees shall have an easement for the maintenance of signs, a sales office, a business office and models on the property, together with such other facilities as, in the opinion of Declarant, may be reasonably required or convenient to the construction, completion, development or sale of the Lots so long as Declarant owns any Lot for sale.
5.03 Resubdivision of Property. No Lot may be split, divided, or subdivided for sale, resale, gift, or transfer.
5.04 Landscaping. No construction or alteration of any Structure shall take place without the prior written approval of the Association. Guidelines for the landscaping to accompany the construction or alteration of any Structure may be included in the Development Guidelines of the Association.
5.05 Residential Use. All residential Lots shall be used for single-family residential purposes exclusively. Except as hereinafter provided, no house, structure or other improvement shall be erected, altered, placed, maintained or permitted to remain on any 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.
5.06 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.
5.07 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.
5.08 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.
5.09 Probibited 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.
5.10 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.
5.11 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 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.
5.12 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.
5.13 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.
5.14 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 that this provision benefits all Owners.
5.15 Firearms and Weaponry. The use of firearms and weaponry in the Community is prohibited. The term "firearms" includes, without limitation, B-B guns, "paint-ball" guns, pellet guns and archery equipment.
5.16 Air-Conditioning Units. No window air conditioning units may be installed.
5.17 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation shall be permitted the Association. on the exterior of any property. Exterior sculpture, fountains, flags and similar items must be approved in writing by
5.18 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot.
5.19 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.
5.20 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.
5.21 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. furniture 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.
5.22 Rules and Regulations. Reasonable rules and regulations concerning the use of the Lots may be adopted, promulgated, revoked, made and amended from time to time by the Board of Directors. Copies of such rules and regulations and amendments thereto shall be furnished by the Board of Directors to all Owners. Such rules and regulations shall be binding upon the Owners and Occupants of Lots until and unless any such rule or regulation is specifically overruled and cancelled in a regular or special meeting of the Association by the vote of Owners holding a majority of the total votes in the Association. As provided in Article IV and VII hereof, the Association may impose fines for violations of any such rules and regulations as are determined by the Board of Directors.
ARTICLE VI
EASEMENTS, ZONING AND OTHER RESTRICTIONS
6.01 Easements.
(a) Declarant hereby expressly reserves to the Declarant, its successors and assigns forever, the right to create perpetual easements in, on, over and under any part of the Property owned by Declarant for any purpose which Declarant deems necessary, including, by way of example, and not limitation, the following:
(I) the erection, installation, construction and maintenance of wires, lines, conduits and poles and the necessary or proper attachments in connection with the transmission of electricity, telephone, cable television cables and other utilities and similar facilities.
(ii) the erection, installation, construction and maintenance of stormwater drains, land drains, public and private sewers, irrigation systems, pipelines for supplying gas, water and heat, and for any other public or quasi-public facility, service or function.
(iit) slope control purposes, including the right to grade and plant slopes and prevent the doing of any activity which might interfere with slopes or which might create erosion or sliding problems or which might change, obstruct or retard drainage flow.
(iv) the planting or replanting of hedges, shrubbery, bushes, trees, flowers and plants of any nature; and
(v) ingress and egress by the Declarant to any adjacent property that Declarant owns or is developing
(b) No Owner shall have any right to use any easement created by the Declarant in, on or over any portion of the Property unless such easement has been assigned by the Declarant to the Association.
6.02 Easement Area. The words "Easement Area" as used herein shall mean those areas on any Lot or any other portion of the Property with respect to which easements are shown on a recorded deed, easement agreement or on any filed or recorded map or plat relating thereto.
6.03 Entry. The Declarant and its employees, agents, successors and assigns, shall have the right at all reasonable times to enter upon all parts of each Easement Area for any of the purposes for which such Easement Area is reserved, without being deemed to have committed a trespass or wrongful act solely by reason of such entry and the carrying out of such purposes, provided the same are done in accordance with the provisions of this Section. The Declarant and its employees; agents, successors and assigns shall be responsible for leaving each Lot in good condition and repair following any work or activity undertaken in an Easement Area pursuant to the provisions of Section 6.01.
6.04 Zoning and Private Restrictions. None of the covenants, restrictions or easements created or imposed by this Declaration shall be construed as permitting any action prohibited by applicable zoning laws, or by the laws, rules or regulations of any governmental body. In the event of any conflict between such laws, rules or regulations and the covenants, restrictions and easements created or imposed by Declarant, the most restrictive provision shall govern and control.
6.05 SPECIAL PROVISIONS RELATING TO OCONEE COUNTY, GEORGIA GOVERNMENTAL REQUIREMENTS
•6.05.1. Pursuant to the Subdivision Regulations for Oconee County, Georgia, the following guidelines in this Section 6.05.1. shall represent minimum standards to apply to the property submitted hereunder, provided, however, the Declarant may institute more restrictive standards as may be provided elsewhere herein in this Declaration, as same is Amended from time to time:
1. Design Standards -
Private Streets located within the Development 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.
6.05.2: Construction Standards -
Private streets (other than private access drives), if approved by the County, shall meet all construction requirements and standards that apply to public streets.
6.05.3. Right of Way and Easement Requirements -
Private Streets shall be located within a separate parcel of land, no less than 30 feet wide, that is owned by the Association or other entity approved by the government of Oconee County, Georgia. The width shall include the private street, any drainage structures, sidewalks, or utilities. Unless otherwise approved by Government of Oconee County, Georgia, the Private strects may not be located in an easement over multiple lots.
B. The developer shall grant an exclusive and irrevocable access and utility easement to the County that is located in the private right-of-way.
C. All easement shall meet the minimum sizes required by the County.
6.05.4. Maintenance Provisions -
The County will not maintain roadways, signs or drainage improvements on private streets. The Association shall comply with all provisions of section 1413.1 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.
B. 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 above in this Declaration, each Lot Owner shall be required to pay an annual fee, said fee to be determined by the Association, and adjusted from time to time, which shall be initially set at One Thousand Twenty Dollars and No/100 ($1,020.00), equal to Eighty-Five Dollars and NO/100 ($85.00), per month. 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 Oconee 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 Oconee 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 ameruties, 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 Declaration.
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.
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.
6.06. OWNER'S RELEASE REQUIREMENT - At the closing of any Lot in the development, the Purchaser shall comply with the Subdivision regulations of Oconee County, Georgia, regarding executing such documentation that shall be required from time to time 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.
6.07. 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 easements located within the development, pursuant to the regulations of Oconee County, Georgia and the provisions of this Declaration.
ARTICLE VII
ENFORCEMENT
7.01 Right of Enforcement. This Declaration and the Restrictions contained herein shall inure to the benefit of and shall be enforceable by (I) the Declarant so long as it is an Owner, (ii) the Association and (iii) each Owner, his legal representatives, heirs, successors and assigns.
7.02 Right of Abatement.
(a) Except where different notice provisions are provided in Section 5.10, in the event of a violation or breach of any Restriction contained in this Declaration the Association shall give written notice by certified mail to the Owner setting forth in reasonable detail the nature of the violation or breach and the specific action or actions needed to be taken to remedy such violation or breach. If the Owner shall fail to take reasonable steps to remedy. such violation or breach within thirty (30) days after the mailing of said written notice, then the Association shall have the Right of Abatement.
(b) The Right of Abatement, as used in this Section and in Section 6.10 hereof, means the right of the Association, through its agents and employees, to enter at all reasonable times upon any Lot or Structure, as to which. a violation, breach or other condition to be remedied exists, and to take the actions specified in the notice to the Owner to abate, extinguish, remove, or repair such violation, breach or other condition which may exist thereon contrary to the provisions hereof, without being deemed to have committed a trespass or wrongful act solely by reason of such entry and accordance with the provisions of this Section, and with the cost thereof including the costs of collection including reasonable attorneys' fees, together with interest thereon at the lower of the highest rate permitted by Law or 18% to be a binding personal obligation of such Owner enforceable in law, as well as a lien on such Owner's Lot enforceable pursuant to the provisions of Section 7.04 hereof. Such lien shall be superior to any and all charges, liens or encumbrances which may in any manner arise to be imposed upon the Lot after such entry whether arising from or imposed upon the Lot after such entry whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage, deed to secure debt, or other instrument, excepting only (I) such liens for taxes or other public charges as are by applicable law made superior, (i) the liens created by Section 4.01 hercof and (ili) all deeds to secure debt given to secure a loan the proceeds of which are used (1) to purchase a Lot or Lots (together with any and all Structures which may from time to time be placed or located thereon) and (2) to finance the construction, repair or alteration of Structures.
7.03 Specific Performance. Nothing contained in this Declaration shall be deemed to affect or limit the rights of the Declarant, the Association or any Owner to enforce the Restrictions by appropriate judicial proceedings or to recover damages. However, it is hereby declared that it may be impossible to measure accurately in money the damages which will accrue to a beneficiary hereof, its transferees, successors or assigns, by reason of a violation of, or failure to perform any of the obligations provided by this Declaration; and therefore, any beneficiary hereof shall be entitled to relief by way of injunction or specific performance, as well as any other relief available by law or in equity, to enforce the provisions hereof.
7.04 Collection of Assessment and Enforcement of Lien.
(a) If any assessment, interest, cost or other charge is not paid as required by this Declaration, the Association may bring either an action at law against the Owner personally obligated to pay the same, or an action to foreclose any lien created by this Declaration against the Lot or Lots subject to the lien, or both, for the purpose of collecting such assessment, cost or charge, plus any interest thereon and costs of collection, including reasonable attorneys' fees.
(b) As an additional remedy, but in no way as limitation on the remedies, if any assessment, interest, costs or other charge is not paid as required by this Declaration, each Owner hereby grants to the Association and its assigns the following irrevocable power of attorney: to sell the said Lot or Lots subject to the lien at auction, at the usual place for conducting sales at the Court House in Oconee County, Georgia to the highest bidder for cash, after advertising the time, terms and place of such sale once a week for four weeks immediately preceding such sale (but without regard to the number of days) in the paper in which the Sheriff's advertisements for Oconee County, Georgia are published, all other notice being hereby waived by each Owner, and the Association or any person on behalf of
the Association, or assigns, may bid and purchase at such sale a conveyance of said property in fee simple, which conveyance shall contain recitals as to the happenings of the default upon which the execution of the power of sale herein granted depends, and each Owner hereby constitutes and appoints the Association and assigns, the agent and attorney in fact of each Owner to make such recitals, and hereby covenants and agrees that the recitals so to be made by the Association, or assigns, shall be binding and conclusive upon the Owner whose property is the subject matter of such sale, and the heirs, executors, administrators and assigns of such Owner, and that the conveyance to be made by the Association or assigns, shall be effectual to bar all equity of redemption of such Owner, or the successors in interest of such Owner, in and to said Lot or Lots, and the Association or assigns shall collect the proceeds of such sale, and after reserving therefrom the entire amount of the assessment, interest, cost or other charge due, together with all costs and expenses of sale and fifteen percent of the aggregate amount due for attorneys' fees, shall pay any excess to such Owner, or to the heirs or assigns or such Owner as provided by law. The power and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise and are granted as cumulative to the remedies for collection of said indebtedness provided by law.
(c) WAIVER. EACH OWNER, BY ACCEPTANCE OF A DEED CONVEYING A LOT SUBJECT TO THIS DECLARATION, WAIVES ANY RIGHT WHICH OWNER MAY HAVE UNDER THE CONSTITUTION OR THE LAWS OF THE STATE OF GEORGIA OR THE CONSTITUTION OR THE LAWS OF THE UNITED STATES OF AMERICA TO NOTICE OR TO A JUDICIAL HEARING PRIOR TO THE EXERCISE OF ANY RIGHT OR REMEDY PROVIDED BY THIS DECLARATION AND OWNER WAIVES OWNER'S RIGHTS, IF ANY, TO SET ASIDE OR INVALIDATE ANY SALE DULY CONSUMMATED IN ACCORDANCE WITH THE PROVISIONS OF THIS DECLARATION ON THE GROUND(IF SUCH BE THE CASE) THAT THE SALE WAS CONSUMMATED WITHOUT A PRIOR JUDICIAL HEARING. ALL WAIVERS BY OWNER IN THIS PARAGRAPH HAVE BEEN MADE VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY, AFTER OWNER HAS FIRST BEEN ALLOWED THE OPPORTUNITY TO CONSULT LEGAL COUNSEL WITH RESPECT TO OWNER'S POSSIBLE RIGHTS.
7.05 No Waiver. The failure of the Declarant, the Association, or the Owner of any Lot, his or its respective legal representatives, heirs, successors and assigns, to enforce any Restrictions herein contained shall in no event be considered a waiver of the right to do so thereafter, as to the same violation or breach or as to any violation or breach occurring prior or subsequent thereto.
ARTICLE VIII
DURATION AND AMENDMENT
8.01 Duration. This Declaration and the Restrictions contained herein shall run with and bind the Property for a period of twenty (20) years from and after the date when this Declaration is filed for record with the Clerk of ' the Superior Court, Oconee County, Georgia, after which time this Declaration and the Restrictions shall be automatically renewed for successive periods of ten (10) years provided, however, that after the end of the said twenty (20) year period and during any ten (10) year renewal period (but only during such renewal period), this Declaration and the Restrictions contained herein may be terminated by an instrument executed by the proper Association officers and recorded in the Office of the Clerk of the Superior Court of Oconee County, Georgia, or in such other place of recording as may be appropriate at the time of the execution of such instrument, pursuant to a resolution approving such termination which is approved by a two-thirds (2/3) vote of those Class A Members of the Association who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the provisions of the By-Laws of the Association.
8.02 Amendments by Declarant. During any period in which Declarant retains the right to appoint and remove any directors or officers of the Association, Declarant may amend this Declaration by an instrument in writing filed and recorded in the Land Records of the Superior Court of Oconee County, Georgia, without the approval of any Meniber or mortgagee; provided, however, that (I) in the event that such amendment materially alters or changes any Owner's rights to the use and enjoyment of such Owner's Lot or of the Common Property as set forth in this Declaration or if such amendment adversely affect the title to any Lot, such amendment shall be valid only upon the written consent thereto by a majority in number of the then existing Members affected thereby, or (ii) in the event that such amendment would materially and adversely affect the security title and interest of any mortgagee, such amendment shall be valid only upon the written consent thereto of all such mortgagees so affected. Any ariendment made pursuant to this Section 8.02 shall be certified by Declarant, as having been duly approved by Declarant, and such Members and mortgagees if requiréd, and shall be effective only upon recordation or at such
later date as shall be specified in the amendment itself. Each Owner, by acceptance of a deed or other conveyance to a Lot, agrees to be bound by such amendments as are permitted by this Section 8.02 and further agrees that, if requested to do so by Declarant, such Owner will consent to the amendment of the Declaration or any other instruments relating to the Development (I) if such amendment is necessary to bring any provision hereof or thereof. into compliance or conformity with the provisions of any applicable governmental statute, rule or regulation or any judicial determination which shall be in conflict thereof, (i) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to any Lots subject to this Declaration, (iii) if such amendment is required by an institutional or governmental lender, purchaser or guarantor of mortgage loans, including, for example, the Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation and the Veterans Administration, to enable such lender or purchaser to make or purchase mortgage loans on any Lot subject to this Declaration, (iv) if any such amendment is necessary to enable any governmental agency or reputable private insurance company to insure a mortgage loan on the Lots subject to this Declaration or (v) if such amendment is necessary to correct a scrivener's error in the drafting of this Declaration.
8.03 Amendment by Association. Amendments to this Declaration, other than those authorized by Section 8.02 hereof, shall be proposed and adopted in the following manner:
(a) Notice of the subject matter of the proposed amendment shall be included in the notice of the meeting of the Association at which such proposed amendment is to be considered and shall be delivered to each member of the Association.
(b) At such meeting, a resolution adopting a proposed amendment may be proposed by either the Board or by Members of the Association. Such amendment must be approved by Members holding at least two-thirds (2/3) of the total votes in the Association provided, however, (1) that any amendment which materially and adversely affects the security title and interest of any mortgagee must be approved by such mortgagee and (ii) during any period in which Declarant has the right to appoint and remove officers and directors of the Association, such amendment must be approved by Declarant.
(c) The agreement of the required percentage oi the Owners, and, where required, the Declarant and any mortgagee, to any amendments of this Declaration shall be evidenced by their execution of such amendment, or, in the alterative, and provided that Declarant does not then have the right to approve such amendment, the swor statement of the President and Vice President or the Secretary of the Association attached to or incorporated in the amendment executed by the Association, which swom statement shall state unequivocally that the Agreement of the required parties was lawfully obtained. Any such amendment of this Declaration shall become effective only when recorded or at such later date as may be specified in the Amendment itself.
• ARTICLE IX
MISCELLANEOUS
9.01 No Reverter. No restriction herein is intended to be, or shall be construed as, a condition subsequent or as creating a possibility of reverter.
9.02 Severability. A determination by a court that any provision hereof is invalid for any reason shall not affect the validity of any other provision hereof.
9.03 Headings. The headings of the Articles and Sections hereof are for convenience only and shall not affect the meaning or interpretation of the contents of this Declaration.
9.04 Gender. Throughout this Declaration, the masculine gender shall be deemed to include the ferninine and neuter, and the singular, the plural, and vice versa.
9.05 Notices. All amendments, notices, requests, objections, waivers, rejections, agreements, approvals, disclosures or consents of any kind made pursuant to this Declaration, whether made by the Declarant, the
Association, the Owner, or any other person, shall be in writing. Any such writings shall be sufficient only if deposited in the United States Mail, sufficient postage, and sent to the following address:
(a) Declarant: PETER B'S CONSTRUCTION, INC.,
(b) Owners: Each Owner's address as registered with the
the Association in accordance with the By-Laws.
Any written communication transmitted in accordance with this Section 9.05 shall be deemed received on, the third (3) day following the day such written notice is deposited in the United States Mail.
9.06 No Liability. Declarant has, using best efforts and all due diligence, prepared and recorded this Declaration so that each and every. Owner shall have the right and the power to enforce the terms and provisions of this Declaration against every other Owner. However, in the event that this Declaration is, for any reason whatsoever, unenforceable by an Owner (or any other person) in a court of law or otherwise, Declarant shall have no liability of any kind as a result of such unenforceability, and each and every owner, by acceptance of a deed conveying a Lot, acknowledges that Declarant shall have no such liability.
9.07 Insurance
(a) At all times during the term of this Declaration, the Association, its successors and assigns, shall be required to keep any and all improvements located on the Common Property fully insured by a reputable insurance company authorized to transact business in the State of Georgia with (I) fire, vandalism, malicious mischief and extended coverage insurance in the amount adequate to cover the cost or replacement of such improvements in the event of loss or any and /or all of such improvements, fixtures and contents thereof; and (ii) public liability insurance in such amounts as shall be determined by the Board of Directors as appropriate for the type of activities which shall be allowed on the Common Property. Any such policies of insurance shall require that the certificate holders and insured by giving thirty (30) days prior written notice of any cancellation of such policies.
Notwithstanding the preceding provision, the Board may at its discretion, require cach Owner to name the Association as an additional insured party under each Owner's respective homeowners insurance policy. If the Board determines that this method of coverage is adequate, then this alternative method of coverage may be implemented in lieu of a policy or policies owned by the Association as described in the preceding paragraph.
(b) Immediately after the damage or destruction by fire or other casualty to all or any portion of any improvements covered by insurance written in the name of the Association, the Board or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost or repair or reconstruction or the damaged or destroyed property. Repair or reconstruction, as used in this paragraph, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty.
Any damage or destruction shall be repaired or reconstructed unless, within sixty (60) days after the casualty, at least seventy-five percent (75%) of the total Association vote entitled to vote thereon, and, so long as the Declarant has the right to appoint and remove directors and officers, the Declarant, otherwise agree. If, for any reason, either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made available: provided, however, such extension shall not exceed one hundred and twenty (120) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed.
If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board shall, without the necessity of a vote of the Association's Members, levy a special assessment. Additional assessments may be made in like manner at any time. during or following the completion of any repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited for the benefit of the Association.
In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community in a neat and attractive condition.
(c) The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the persons who are responsible hereunder for maintenance of the damaged or destroyed property.
(d) In addition to the coverage described hereinabove, the Association shall obtain such additional amounts and types of insurance as may be required from time to time, by either the Veterans Administration or Federation Housing Administration, their successors and assigns, for similar type residential subdivision communities.
ARTICLE A
MORTGAGEE PROVISIONS
The following provisions are for the benefit of holders of first mortgages on Residences in the Development. The provisions of this Article apply to both this Declaration and to the By-Laws, notwithstanding any other provisions contained therein.
10.01 Notice of Action. An institutional holder, insurer, or guarantor of a first mortgage, who provides written request to the Association (such request to state the name and address of such holder, insurer, guarantor and the Residence number, therefore becoming an "eligible holder"), will be entitled to timely written notice of:
(a) any condemnation loss or any casualty loss which affects a material portion of the Development or which affects any Residence on which there is a fust mortgage held, insured, or guaranteed by such eligible holder;
(b) any delinquency in the payment of assessments or charges owed by an Owner or a Residence subject to the mortgage of such eligible holder, where such delinquency has continued for a period of sixty (60) days; provided, however, notwithstanding this provision, any holder of a first mortgage, upon request, is entitled to written notice from the Association of any default in the performance by an Owner of a Residence of any obligation under the Declaration or By-Laws of the Association which is not cured within sixty (60) days;
(c) any lapse, cancellation, or material modification of any insurance policy maintained by the Association; or
(d) any proposed action which would require the consent of a specified percentage of eligible mortgagees. 10.02 Special FHLMC Provision. So long as required by the Federal Home Loan Mortgage Corporation, the following provisions apply in addition to and not in lieu of the foregoing. Unless at least two-thirds (2/3) of the first mortgagees or at least (2/3) of the total Members of the Association vote entitled to vote thereon consent, the Association shall not:
(a) by act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer the Common Property which the Association owns, directly or indirectly (the granting of easements for public utilities or other similar purposes consistent with the intended use of the Common Property shall not be deemed a transfer within the meaning of this subsection);
(b) change the method of determining the obligations, assessments, dues, or other charges which may be levied against an Owner of a Residence;
(c) by act or omission change, waive, or abandon any scheme of regulations or enforcement thereof pertaining to the architectural design or the exterior appearance and maintenance of Residences and of Common • Property. (The issuance and amendment of architectural standards, procedures, rules and regulations, or use restrictions shall not constitute a change, waiver, or abandonment within the meaning of this provision.);
(d) fail to maintain insurance, as required by this Declaration; or
(e) use hazard insurance proceeds for any Common Property losses for other than the repair, replacement, or reconstruction of such property.
First mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may have become a charge against the Common Property and may pay overdue premiums or casualty insurance policies or secure new casualty insurance coverage upon the lapse of an Association policy, and first mortgagees making such payments shall be entitled to immediate reimbursement from the Association.
10.03 No Priority. No provision of this Declaration or the By-Laws gives or shall be construed as giving any Owner or other party priority over any rights of the fust mortgagee of any Residence in the cases of distribution. to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Property.
10.04 Notice to Association. Upon request. Owner shall be obligated to furnish to the Association the name and address of the holder of any mortgage encumbering such Owner's Residence.
10.05 Amendment by Board. Should the Veterans Administration, or the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes.
10.06 Applicability of Article X. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, By-Laws, or Georgia law for any of the acts set out in this Article.
10.07 Failure of Mortgagee to Respond. Any mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within thirty (30) days of the date of the Association's request.
11.01. Preparer. This Declaration was prepared by Russell T. Quarterman, Cecilia P. Mercer and Alec R. Hodson of Russell T. Quarterman, P.C., Attoreys at Law, 1671 Meriweather Drive, Suite 103, Bogart, Georgia, 30622.
11.02.: Notwithstanding any provision to the contrary contained herein, the Declarant shall have the right to include any additional property which may adjoin the Property under the terms of this Declaration via an amendment thereto.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this instrument under its seal this_ __ day of , 2005.
PETER B'S CONSTRUCTION, INC.
By: (SEAL)
Signed, sealed and Attest: _ (SEAL) delivered in the
presence of:
Witness
Notary Public
This the _day of , 2005.
The Triple Creek at Malcolm Bridge 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.
TRIPLE CREEK AT MALCOLM BRIDGE PROPERTY OWNERS ASSOCIATION, INC.
By: _(SEAL)
Signed, sealed and Attest: _(SEAL) delivered in the
presence of:
Witness
Notary Public
This the day of → 2005.
EXHIBIT "A"
The property submitted hereunder to this Declaration is all that tract or parcel of land, with improvements thereon, Iying and being in the 240ại District, G.M., Oconee County, Georgia, and designated as Triple Creek at Malcolm. ', Block "B-2", Block "C", and Block "D", , all as Bridge, Phase One, Section Two, including Block "A", Block "B-1", ", 2005, entitled, "Triple Creek at Malcolm Bridge, Phase One, Section Two, Oconee County, Georgia, Planned Unit Development Portion of a Master Planned Developmen_sheets 1-2, shown on that Plat of survey dated March 15ồạẠại by Schmitt Engincering and Land Surveying, Inc., Phillip J. Schmit, Georgia Registered Land Surveyor # 2387, said Plat having been recorded in the Office of the Clerk of Superior Court for Oconee County, Georgia, at Plat Book _, Pages › including all of those present residential Lots contained in Phase One, Section Two, Triple Creek at Malcolm Bridge, being Lots 1291 and 1301, Block "A", and Lots 1311, 1321, 1331 and 1341, Block "B2ạ and those future Lots to be located within the property submitted hereunder pursuant to this Declaration, and the common areas contained therein, including the buffer zones along the exterior of the subdivision, amenity areas, and private roads: serving Triple Creek at Malcolm Bridge, Phase One, Section Two, as the same are more particularly shown on said Plat of survey.
BOOK 829 PAGE 468
BK:829 PG:466
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this instrument under its seal this Zaftay of Seplends, 2005
PETER B'S CONSTRUCTION, INC.
(SEAL) As President
Signed, sealed and
delivered in the
presence of:
Lala Mesar
Witness *IZABETHO
Weakere Club NOTAAL
Notary Publi _→ 200₴
This thera day of Septeme
The Tripte Creek ar Maloim Bridge eat, liners Association, Inc, hereby consents to the provisions of these protective covenants as the same govern the private roads and common areas in the development.
TRIPLE CREEK AT MALCOLM BRIDGE PROPERTY OWNERS ASSOCIATION, INC.
(SEAL)
Signed, sealed and Attesti _(SEAL) delivered in the Alec R. Bodson, As Asst. Sec.
presence of:
CeciliaMeras
Witness
Canet lag
Notary This they Hay of Sepfembi, 2005.
GENODO
STIM
. Deed Book 829
Рум 444-469
BOOK 829 PAGE 4699SRMNSK
EK:829 PG:469
EXHIBIT «A"
improvements thereon, lying and being in the 240" District, G.M., Oconee County, Georgia, and The property submitted hereunder to this Declaration is all that tract or parcel of land, with designated as Triple Creek at Malcolm Bridge, Phase One, Section Two, including Block "A", Block "B-1", Block "B-2", Block "C", ard Block "D", all as shown on that Plat of survey dated , 2005, entitled, "Triple Creek at Malcolm Bridge, Phase One, Section Two, Oconee March 15", County, Georgia, Planned Unit Development Portion of a Master Planned Developmenti sheets 1-2, by Schmitt Engineering and Land Surveying, Inc., Phillip J. Schmitt, Georgia Registered and Surveyor # 2387, said Plat having been recorded in the Office of the Clerk of Superio Court for Oconee County, Georgia, at Plat Book 3le, Pages 9 , including all of those present residential Lots contained in Phase One, Section Two, Triple Creek at Malcolm Bridge, being Lots 1291 and 1301, Block "A", and Lots 1311, 1321, 1331 and 1341, Block "B-2", and those future Lots to be located within the property submitted hereunder pursuant to this Declaration, and the common areas contained therein, including the buffer zones along the exterior of the subdivision, amenity areas, and private roads serving Triple Creek at Malcolm Bridge, Phase One, Section Two; as the same are more particularly shown on said Plat of survey.
D005 001875
FILED IN OFFICE 03/07/2007 12:08 PM BK: 917 PG:311-315 ANGELA WATSON
CLERK OF SUPERIOR COURT
OCONEE COUNTY
SUPPLEMENTAL DECLARATION TO THE DECLARATION OF COVENANTS RESTRICTIONS AND EASEMENTS OF TRIPLE CREEK AT MALCOLM BRIDGE PHASE ONE SECTION TWO FOR THE PURPOSES OF SUBMITTING PLANNED
UNIT DEVELOPMENT (PUD) PORTIONS OF PHASE TWO THERETO
THIS INSTRUMENT SUBMITS PROPERTY TO MANDATORY MEMBERSHIP
PROPERTY OWNERS'S ASSOCIATION
UPON RECORDING RETURN TO:
Russell T. Quarterman, P.C.
Attorneys and Counsciors at Law
c/o Alec R. Hodson
1671 Meriweather Drive, Suite 103
Bogart, Georgia 30622
Phone: (706)543-7777
FẺcsimile: (706)543-1844
rtupci@)uegia.net
BK: 917 PG:312
SUPPLEMENTAL DECLARATION TO THE DECLARATION OF COVENANTS RESTRICTIONS AND EASEMENTS OF TRIPLE CREEK AT MALCOLM BRIDGE PHASE ONE SECTION TWO FOR THE PURPOSES OF SUBMITTING PLANNED UNIT DEVELOPMENT (PUD) PORTIONS OF PHASE TWO THERETO
accordance with the Declaration of Covenants, Restrictions and Easements for Triple Creek at THIS SUPPLEMENTAL DECLARATION is made, executed, and recorded in Malcolm Bridge, Phase One, Section Two, dated September 27th, 2005, recorded in the Office of the Clerk of Superior Court for Oconce County, Georgia at Deed Book 829, Pages 444-469, as amended, (the Declaration), for the purpose of amending same pursuant to the Declaration, §11.02. which states in part:
Notwithstanding any provision to the contrary contained herein, the Declarant shall have the right to include any additional properly which may adjoin the Propertyunder the terms of this Declaration via an amendment thereto.
ard;
WHEREAS, PETER B'S DEVELOPMENT, INC., f/k/a PETER B'S CONSTRUCTION, INC., ("PETER B'S), is the owner of the real property described on that Plat of Survey dated Decomber 13", 2006, entitled, "Final Plat: Triple Creek at Malcola Bridge, Phasc Two of a Master Planned Developmeat sheets 1-3, by Schreitt Engineering and Land Surveying, Inc., Phillip J. Schmitt, Georgia Registered Land Surveyor # 2387, said Plat having been recorded in the Office of the Clerk of Superior Court for Oconce County, Georgia, at Plat Book So, Pages'172 - 424 The Phase I Plati, said property hoing descrihed on said Phase IT Piat, being morespecifically described on Exhibit A", , attached hereto and incorporated herein by reference, (the "Submitted Property"), which Submitted Property constitutos property located adjacent to existing Phasc I property of Triple Creek at Malcolm Bridge; and
BK: 917 PG:313
WHEREAS, PETER B'S, is desirous of submitting the Submitted Property to the provisions of the Declaration as a Planned Unit Development, under certain terms and conditions, said property to be known and designated as those certain portions of Triple Creck at Malcolm Bridge, Phasc Il, known and designated as Block "H-I", "Block H-2", Block "G-1", Block "G-2", Block "F", «J", Block "K" ", and Block"L*, Phase II, Triple Creek at Maicolm Bridge, and
WHEREAS, upon submission of the Submitted Property to the Declaration, Block 'H-I", "Block H-2", Block "G-1", Blo% -2", Block "P", Block "F', Block "K", and Block "Lhasc II, shail be submitted thereto, all as depicted on the Phase II Plat; and
NOW THEREFORE, the Declaration is hereby ameaded as follows:
The Property shown on the attached Exhibit "A" is hereby submitted to the Declaration. The Submitted Property shall hercafter be specifically subject to the provisions of the Declaration, as may be amended from time to time, and, except as otherwise provided hereinbelow, the Submitted Property under this Supplemental Declaration shall be understood and construed as embracing all terms and conditions, rights and restrictions contained in the Declaration, being the same which embrace existing Planned Unit Development portions of Triple Creek at Malcoim Bridge. Pursuant to the Declaration, as Units are platted, amended Plats depicting Units to be added shall be recorded in the Office of the Clerk of Superior Court for Oconee County, Georgia.
2.
From and after this submission, pursuant to the Declaration, the votingrights allocated to said Lots shall be rocalculated pursuant to the terms and conditions of the Declaration.
Pursuent to the Declaration, Owners of Submitted Lots shail bave andbe subject to all rights and responsibilities under the Declaration, shall be mandatory members of the Triple Creck at Malcolm Bridge Property Owncr's Association, Inc.
4.
All other provisions of the Declaration shall remain in full force and effect, including, but not limited to the right to submit additional property hereunder to the Declaration from time to time as additional portions of the Triple Creek at Malcolm Bridge Master Planned Development at completed and submitted hercunder.
BK: 917 PG=314
***
IN WITNESS WHEREOF, the undersigned Partics hereby set their hands and seals, this the 2 day of December, 2006.
APPROVED AND SUBMITTED:
PETER B'S DEVELOPMENT, INC., fA/a PETER B'S CONSIRUCTION, INC.
Signed, sealed and delivered
in the presence of: tatter _ (SEAL) Canoette I smith
Witness Name: Pefe Dickeus
Tille: PRes
Notary Public Aist
NOTAAL
PUBLIE (Corporate Scal}
PET THORPE CO • JUNE.
BK: 917 PG:315
EXHIBIT "A"
Legal Description for the Submitted Property
G.M., Oconce County, Georgia, shown as Block "H-1", "Block H-2", Block "G-1", Block The property subject to this Declaration includes all that property lying in the 240th district, "G-2', Block "p", Block "T", Block "K", and Block "L", Triple Creek at Malcolm Bridge, Phase Two, all as is more specifically depicted on a Plat of Survey dated December 13 2006, entitled, "Final Plat: Triple Creck at Malcoim Bridgo, Phase Two of a Master Pianned Schmitt, Georgia Registered Land Surveyor # 2387, said Plat having been recorded in the Development", sheets 1-3, by Schmitt Engineering and Land Surveying, Inc., Phillip J. Office of the Clerk of Superior Court for Oconee County, Georgia, at Plat Book Ba., Pages 472 - 424-
In addition to the submission made hereunder to the Declaration of Covenants, Restrictions and Easements for Triple Creek at Malcolm Bridge, Phase Onc, Section Two, dated September 27°, 2005, and recorded in the Office of the Clerk of Superior Court for Oconee County, Georgia, at Deed Book 829, Pages 444 - 469, as amended, the property submitted herein shall also be subject to certain applicabic terms and conditions set forth in the Declaration of Restrictions and Covenants for Triple Creek at Maicolm Bridge, Phase One, Section One, dated Fobruary 24th, 2005, recorded in the Office of the Clerk of Superior Court for Oconee County, Georgia at Deed Book 791, Pages 364-385, as amended.
BK: 917 PG:317
SUPPLEMENT TO DEED OF CONSERVATION EASEMENTTO SUBMIT
ADDITIONAL PROPERTY THEREUNDER
TRIPLE CREEK AT MALCOLM BRIDGE PHASE II
THIS SUPPLEMENT is made, executed, and recorded in accordance with the Deed of Conservation Basement between PETER B'S DEVELOPMENT, INC., f/k/a PETER B'S CONSTRUCTION, INC., and TRIPLE CREEK AT MALCOLM BRIDGE NATURAL AND SCENIC CHARITABLE CORPORATION, dated March 9h, 2005, recorded in the Office of the Clerk of Superior Court for Oconec Colinty, Georgia at Deed Book 791, Pages 386-398, as amended, ("the Easement), for the purpose of submitting additional property thereunder: and;
WHEREAS, PETER B'S DEVELOPMENT, INC., f//a PETER B'S CONSTRUCTION, INC., ("FETER B'S, is the owner of the real property described on that Plat of Survey dated December 13", 2006, entitled, "Final Plat: Triple Creck at Maicolm Bridge, Phase Two of a Master Planned Development", sheets 1-3, by Schmitt Engineering and Land Surveying, Inc.„, Phillip J. Schmitt, Georgia Registered Land Surveyor # 2387, said Plat having been recorded in the Offce of the Clerk of Superior Court for Oconee County, Georgia, at Plat Book 34, Pages978-474- ( The Phase II Plat_ said property being described on said Phase I Plat being more specifically described on Exhibit "A", attached hereto and incorporated herein by reference, (the "Submitted Property"); and
WHEREAS, PETER B'S, is dosirous of suhmitting the Submitted Property to the provisions of the Basement and upon submission of the Submitted Property to the Easement, the Subritted Property shall be subject to the terms and conditions of the Easement; and
BK: 917 PG: 318
NOW THEREFORE, the Easement is hereby supplemented as follows:
The Property shown on the attached Exhibit "A" is hereby submittc to the Basement. The Submitted Property shall bereafter be specifically subject to the provisions ofthe Easement, as may be amended from time to time, and, except as otherwise provided hereinbeiow, the Submitted Property under this Supplemental Easement shail be understood and construed as embracing all terms and conditions, rights and restrictions contained in the Easement, being the samo which embrace all that property alrcady submitted thereunder.
2.
All other provisions of the Basement shall remain in fuli force and effect, including, but not limited to the right to submit additional property thercurder from time to time as required under the zoning ordinance for the Triple Creek at Malcoim Bridge Master Planned Development. IN WITNESS WHEREOR, the undersigned Partics hereby set their hands and seals, this the 29_ day of December, 2006.
APPROVED AND SUBMITTED:
f/a PETER B'S CONSTRUCTION, INC. PETER B'S DEVELOPMENT, INC., Signed, sealed and delivered in the presence of:
Caneste timith _ (SEAL) Witness Namé: Pete Dickens
STEVANS Attest:_
SUBLES
NONE ST
BK:917 PG:319
EXHIBIT "A
Legal Description for the Suhmitted Property
in the 240iạiDistrict, G.M., Oconec County, Georgia, being those portions of Triple Creek at All those tracts or parcels of land, together with all improvements ihercon, stuate, lying and being Malcolm Bridge, Phase Two described as, "50' Perimeter Buffer Open Space Area # 15" and "Open Space Arca # 14t, all as shown on that Plat of Survey dated December 13", 2006, entitled, Final by Schmitt Bngincering and Land Surveying, Inc., Phillip J. Schmitt, Gorgia Registered Land Plat: Triple Creek at Malcolm Bridge, Phase Two of a Viaster Planned Developmentiồi sheets 1-3, Surveyor # 2387, said Plat having been recorded in the Office of the Clerk of Superior Court for Oconce County, Georgia, at Plat Book Zi, Pages47a-47; and