Covenants
Declaration of Covenants, Conditions
and Restrictions for Villas at Evans Mill
TABLE OF CONTENTS
I. DEFINITIONS .2
Additional Property. .2 1.2 Association ..2 1.3 Board ..2 1.4 By-Laws
1.5 Common Property or Common Area
1.6 Declarant. .2 1.7 Lot.
1.8 Member
1.9 Owner
1.10 Property or Properties. is is 1.11 Restrictions..
1.12 Structure.
n. PROPERTY RIGHTS.
2.1 Owners' Easements of Enjoyment
2.2 Parking Rights. .4 2.3 Delegation of Use
III. MEMBERSHIP AND VOTING RIGHTS.. .4
3.1 Unnamed .4 3.2 Voting Rights.. .4
TV. COVENANT FOR MAINTENANCE ASSESSMENTS
4.1 Creation of the Lien and Personal Obligation of Assessments.
4.2 Purpose of Assessments.
4.3 Maximum Annual Assessment
4.4 Special Assessments for Capital Improvements
4.5 Notice and Quorum for any Action Authorized Under Sections 3 and 4
4.6 Uniform Rate of Assessment.
4.7 Date of Commencement of Monthly Assessments; Due Dates
4.8 Effect of Nonpayment of Assessments; Remedies of the Association
4.9 Subordination of the Lien to Mortgages .7
ARCHITECTURAL CONTROL
5.1 Architectural Control Committee -Creation and Composition
5.2 Purpose, Powers and Duties of the ACC
5.3 Officers, Subcommittees and Compensation
5.4 Operations of the ACC..
5.5 Obligations to Act.
5.6 Inspection Rights.
5.7 Violations.
5.8 Fees.. .10 5.9 Non-Discrimination by ACC .10
5.10 Liability for Defects.. .10 5.11 Clothes Drying..
5.12 Visible Areas.
5.13 Leasing.
5.14 Parking.
5.15 Nuisance
5.16 Prohibited Activities....
5.17 Single Families..
VI. GENERAL COVENANTS AND RESTRICTIONS 12
6.1 Residential Use.. . 12 6.2 Common Property. . 12 6.3 Debris.. . 12 6.4 Erosion Control. 2 6.5 Signs.. . 12 6.6 Fences .13 6.7 Recreational Vehicles, Trailers, Etc. 13 6.8 Recreational Equipment. .14 6.9 Improvement of Lot..... .14 6.10 Animals... .14 6.11 Accessory Structures Installed by Declarant. 14 6.12 Miscellaneous Fixtures. .14 6.13 Antennae. .14 6.14 Traffic Regulations. .15
VII. EASEMENTS, ZONING AND OTHER RESTRICTIONS. .15
7.1 Easements..
7.2 Easement Area.. .17 7.3 Entry...
...17 7.4 Zoning and Private Restrictions
.17
vi. ENFORCEMENT.. .17
8.1 Right of Enforcement.. .. 17 8.2 Right of Abatement.. .17 8.3 Fines.. .18 8.4 Specific Performance... .18 8.5 Collection of Assessments and Enforcement of Lien. ..18 8.6 No Waiver ..20
IX. DURATION AND AMENDMENT .20
9.1 Duration and Perpetuities.. .20 9.2 Amendment. .20
X. PARTY WALLS.. ..21
10.1 General Rules of Law to Apply. ..21 10.2 Sharing of Repair and Maintenance .21
10.3 Weatherproofing. .21 10.4 Right to Contribution Runs With Land .21
X. MISCELLANEOUS .22
Other Changes. .22 11.2 Rights of First Mortgages ..22 11.3 No Reverter. ..22 11.4 Severability. ...22 11.5 Headings. .22 11.6 Gender. .22 11.7 Notices. .23 11.8 No Liability.. .24 11.9 FHA/VA Approval. .24 11.10 Insurance. added by this amendment
F: P ELB COVENANT Villas at Evans Mill Amendment. wpd
01 AUG 31 AM10: 06ś
COURTS
Top portion for recording purposes
A: ter Recording Return to: MOORE INGRAM JOHNSON & STEELE, LLP
A tn: Susan S. Stuart 192 Anderson Street
Marietta, Georgia 30060
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
VILLAS AT EVANS MILL
STATE OF GEORGIA
COUNTY OF PAULDING
THIS DECLARATION (hereinafter referred to as the "Declaration"). made on the date hereinatter set forth by The Villas At Evans Mill. LLC, a Georgia Limited Liability Company (hereinafter referred to as "Declarant').
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property located in Land Lots 319 and 30 of the 2" District, 3 Section, Paulding County. Georgia, which is more particularly described on Exhibit "A" attached hereto and made a part hereof by reference.
WHEREAS, Declarant intends to develop on lands, including the real property described above, a development to be known as Villas at Evans Mill (hereinafter sometimes referred to as the 'Development"); 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).
NOW, THEREFORE, Declarant hereby declares that all of the properties described on Exhibit "A" referenced above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any
BOOK 1029 PAGE 541
right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. Additional Property. This paragraph has been intentionally omitted. Section 2. Association. "Association" means Villas at Evans Mill HOA, Inc., (a non-profit corporation organized under the Georgia Nonprofit Corporation Code), its successors and assigns.
Section 3. Board. "Board" means the Board of Directors of the Association.
Section 4. By-Laws. "By-Laws" means the By-Laws of the Association.
Section 5. Common Property or Common Area. "Common Property" or "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Common Froperty shall include all property which is not part of a Lot, including but not be limited to, the recreation area, as shown on the recorded plat for Villas at Evans Mill, any private roads, any parking areas, any retention facilities, as well as any open space required to be maintained as open space pursuant to Paulding County zoning requirements and any other property deeded to the Association by the Declarant.
Section 6. Declarant. "Declarant" shall mean and refer to The Villas at Evans Mill, LLC, its successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development, and if The Villas at Evans Mill, LLC transfers to such successors or assigns its rights as Declarant by written instrument. Any successor or assign who has become Declarant as provided tor herein may also transter Declarant's rights as set forth herein.
Section 7. Lot. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Property.
Section 8. Member. "Member" means any member of the Association.
Section 9. Owner. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
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Section 10. Property or Properties. "Property or Properties" shall mean and refer to that certain real property hereinabove described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 11. Restrictions. "Restrictions" means all covenants, restrictions, easements, charges, liens and other obligations created or imposed by this Declaration.
Section 12. Structure. "Structure" means:
(a) 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 thereot, garage, porch, shed, greenhouse or bathhouse, coop or cage, covered or uncovered patio, swimming pool, fence, curbing, paving, wall, tree, shrub, sign, signboard, temporary or permanent living quarters (including any house trailer) or any other temporary or permanent improvement to such Lot;
(b) any excavation, grading, fill ditch, diversion dam or other thing, or device which affects or alters the natural flow of surface waters from, upon or across any Lot, or which affects or alters the flow of any waters in any natural or artificial creek, stream, wash or drainage channel from, upon or across any Lot; and
(c) any change in grade at any point on a Lot of more than six (6) inches, whether or not subsection (b) of this Section 12 applies to such change.
ARTICLE II
PROPERTY RIGHTS
Section 1. Owners' Easements of Enjoyment. Every Over shall have a right and easement of enjoyment in and to the Common Property which shall be appurtenant to and shall pass with the title: to every Lot, subject to the following provisions:
(a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Property:
(b) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations;
(c) the right of the Association to dedicate or transfer all or any part of the Common Property to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication
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or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded.
(d) the right of the Declarant to dedicate the Common Property, subject to the governmental or institutional approvals required herein, to the Association, without the consent of the Association.
Further, every Owner shall have the right to ingress and egress over, upon, and across the Common Area necessary for access to his or her Lot and shall have the right to lateral support tor his or her Lot, and such rights shall be appurtenant to and pass with the title to each Lot. There shall be reciprocal appurtenant easements for the maintenance and repair of a party wall or walls, if any.
Section 2. Parking Rights. Each Owner shall be entitled to use the automobile parking spaces located in the Common Area, subject to such reasonable rules and regulations as may be adopted by the Board of Directors.
Section 3. Delegation of Use. Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Property and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.
Section 2. Voting Rights. The Association shall have two classes of voting membership: Class A: Initially, the Class A members shall be all Owners, with the exception of the
Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. If multiple owners of a Lot cannot unanimously decide how to cast their vote then no vote may be cast regarding the ownership by that particular Lot.
Class B: The Class B member shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of any of the following events:
BOOK 1029 PAGE 544
(a) The date on which seventy five percent (75) of the Lots located on the Property which has been added to this Declaration by Declarant have been sold to individuals who reside in dwellings located on said Lots.
(b) Seven (7) years from the date of this Declaration; or
(c) When, in its discretion, the Declarant so determines.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) a Five Hundred Dollar ($300.00) initiation fee to be collected at the closing of any Lot to an Owner other than Declarant or any builder, (L) monthly assessments or charges, and (3) special assessments for capital improvements, such assessments to be established ar d collected as hereinafter provided. The initiation, monthly and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Section L. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents of the Properties and for the improvement and maintenance of the Common Property.
Section 3. Maximum Annual Assessment. Until January 1 of the year immediately fcllowing the conveyance of the first Lot to an Owner, the maximum monthly assessment shall be Two Hundred and Ten Dollars ($210.00) per Lot.
(a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum monthly assessment may be increased each year not more than five percent (5%) above the maximum assessment for the previous year without a vote of the membership.
(b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum monthly assessment may be increased above five percent (5%) by a vote of two-thirds (2/3) of each class of
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members who are voting in person or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the monthly assessment at an amount not in excess of the maximum.
Section 4. Special Assessments for Capital Improvements. In addition to the monthly assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Property, including fixtures and personalty related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum for any Action Authorized under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum it not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (½) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both monthly and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis or annually as determined by the Board.
Section 7. Date of Commencement of Monthly Assessments: Due Dates. The monthly assessments provided for herein shall commence as to all Lots on the date of the conveyance of a Lot. The first monthly assessment shall be adjusted according to the number of days remaining in the calendar month. The Board of Directors shall fix the amount of the monthly assessment against each Lot. Anything contained herein to the contrary notwithstanding, Declarant and any Owner of a Lot held solely for resale by a person building a residence thereon, on behalf of themselves and their successors and assigns, covenant and agree to pay the monthly assessment for each lot owned by Declarant and said builder which contains an occupied residence; provided, however, Declarant and such builder shall not be responsible for assessments on Lots not containing an occupied residence for so long as Declarant or such builder funds any deficit which may exist between assessments and the annual budget of the Association. At the time Declarant fails to fund any deficit which exists between the monthly assessments and the budget, all lots shall be fully subject to the monthly assessment. Failure of Declarant to meet its obligation to fund budget deficits or to pay assessments, if required, shall constitute a lien against the land Declarant owns in the aforementioned subdivision. Written notice of the monthly assessment shall be sent to every Owner subject thereto.
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The due dates shall be established by the Board of Directors. The Association shall, upon demand, an I for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance.
Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the highest rate allowed by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Property or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided fcr herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure o1 any proceeding in lien thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
ARTICLE V
ARCHITECTURAL CONTROL
Section 1. Architectural Control Committee - Creation and Composition. An Architectural Control Committee (the "ACC") shall be established consisting of three (3) individuals to be appointed by the Board of Directors; provided, however, that for so long as Declarant owns a Lot, Declarant shall appoint the ACC unless Declarant surrenders the right to appoint the ACC by written document.
Section L. Purpose, Powers and Duties of the ACC. The purpose of the ACC is to review and approve any proposed installation, construction or alteration of any Structure on any Lot. All pans shall be submitted to the ACC for approval (a) as to whether the proposed installation, construction or alteration is in contormity and harmony of external design and general quality with the existing standards of the neighborhood and with the standards of the Development, and (b) as tc the location of Structures with respect to topography, finished ground elevation and surrounding S ructures. To the extent necessary to carry out such purpose, the ACC shall have all of the powers and duties to do each and every thing necessary, suitable, convenient or proper for, or in connection with, or incidental to, the accomplishment of such purpose, indluding, without being limited to, the power and duty to approve or disapprove plans and specifications for any installation, construction or alteration of any Structure on any Lot.
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Section 3. Officers, Subcommittees and Compensation. The members of the ACC shall appoint a Chairman from among their number and may appoint from among their number such other officers and subcommittees of members of the ACC as they shall from time to time determine necessary. The members of the ACC shall be reimbursed by the Association for traveling expenses and other out-of-pocket costs incurred in the performance of their duties as members of the ACC.
Section 4. Operations of the ACC.
(a) Meetings. The ACC shall hold regular meetings at least once every three (3) months or more often as may be established by the ACC. Special meetings may be called by the Chairman and shall be called by the Chairman upon the written request of a majority of the members of the ACC then in office. Regular and special meetings of the ACC shall be held at such time and at such place as the ACC shall specify. Notice of each regular or special meeting of the ACC shall be mailed to each member thereof at his usual place of business at least three (3) days before the day the meeting is to be held. Notice of regular and special meetings need not specify the purpose or purposes for which the meeting is called. Notice of a meeting need not be given to any member of the ACC who signs a waiver of notice either before or after the meeting. Attendance of a member of the ACC at a meeting shall constitute a waiver of any and all objections to the place of the meeting, the time of the meeting, or the manner in which it has been called or convened, except when the member states, at the beginning of the meeting, any such objection or objections to the transaction of business. At each meeting of the ACC the presence of a majority of the members of the ACC present at any regular or special meeting thereot at which a quorum is present shall constitute the act of the ACC. In the absence of a quorum, any member of the ACC present at the time and place of the meeting may adjour the meeting from time to time until a quorum shall be present. At any adjourned meeting at which a quorum is present, any business may be transacted which might have ben transacted at the meeting originally called. The ACC shall maintain both a record of votes and minutes tor each of its meetings. The ACC shall make such records and minutes available at reasonable places and times for inspection by Members of the Association and by the Secretary. Any action required to be taken at a meeting of the ACC, may be taken without a meeting if written consent. setting forth the action so taken, shall be signed by all the members of the ACC and be filed within the minutes of the proceedings of the ACC. Such consent shall have the same force and effect as a unanimous vote, and may be stated as such in any document filed by the ACC..
(b) Activities.
(i) The ACC shall adopt and promulgate the Design Standards described in Section 5 hereof and shall, as required, make findings, determinations, rulings, and orders with respect to the conformity with said Design Standards of plans and specifications to be submitted for approval by
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the ACC pursuant to the provisions of this Declaration. The ACC shall, as required, issue permits, authorizations, or approvals, which may include specified requirements or conditions, pursuant to the provisions of this Declaration.
(ii) Any two (2) or more members of the ACC may be authorized by the ACC to exercise the full authority of the ACC with respect to all matters over which the ACC has authority as may be specified by resolution of the. ACC, except with respect to the adoption or promulgation of the Design Standards. The unanimous action of the two 2) or more members with respect to the matters specified shall be final and binding upon the ACC and upon any applicant for an approval, permit or authorization, subject, however, to review and modification by the ACC on its own motion or appeal by the applicant to the ACC as provided in this paragraph (ii). Written notice of the decision of such two (2) or more members shall, within five (5) working days thereof, be given to any applicant for an approval, permit or authorization. The applicant may, within ten (10) days after receipt of notice of any decision which he deems to be unsatistactory, file a written request to have the matter in question reviewed by the ACC. Upon the filing of any such request, the matter with respect to which such request was filed shall be submitted to, and reviewed promptly by the ACC, but in no event later than thirty (30) days after the filing of such request. The decision of a majority of the members of the ACC with respect to such matter shall be thal and binding.
Section 5. Obligation to Act. The ACC shall take action on any plans and specifications submitted as herein provided within thirty (30) days after receipt thereot. Approval by the ACC, it granted, together with any conditions imposed by the ACC shall be placed in writing on the plans and specifications and shall be retumed to the applicant. Failure by ACC to take action within thirty (3) days of receipt of plans and specifications submitted for approval shall be deemed approval of such plans and specifications.
Section 6. Inspection Rights. Any employee or agent of the Association or the ACC may, af er reasonable notice, at any reasonable time or times, enter upon any Lot and Structure thereon fo: the purpose of ascertaining whether the installation, construction, alteration or maintenance of any Structure or the use of any Lot or Structure is in compliance with the provisions of this Declaration; and neither the Association, nor the ACC, nor any such agent shall be deemed to have ccmmitted a trespass or other wrongful act solely by reason of such entry or inspection, provided such inspection is carried out in accordance with the terms of this Section.
Section 7. Violations. If any Structure shall be erected, placed, maintained or altered upon ary Lot, otherwise than in accordance with the plans and specifications approved by the ACC pursuant to the provisions of this Article, such erection, placement, maintenance or alteration shall be deemed to have been undertaken in violation of this Article and without the approval required
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herein. If in the opinion of the ACC such violation shall have occurred, the ACC shall notify the Association. If the Board shall agree with the determination of the ACC with respect to the violation, then the Board shall provide written notice to the Owner by certified mail, setting forth in reasonable detail the nature of the violation and the specific action or actions required to remedy the violation. If the owner shall not have taken reasonable steps toward the required remedial action •vithin thirty (30) days after the mailing of the aforesaid notice of violation, then the Association shall have the Right of Abatement as provided in Article VIII, Section 2 hereof.
Section 8. Fees. The ACC may impose and collect a reasonable and appropriate fee to cover the cost of inspection performed pursuant to Section 6. The fee shall be established from time to lime by the ACC and published in the Design Standards.
Section 9. Non-Discrimination by ACC. The ACC shall not discriminate against any applicant requesting its approval or plans and specifications because of such applicant's race, color, sex, religion, age or natural origin. Further, the ACC in the exercise of its powers granted pursuant o this Declaration shall not take any action the intent or effect of which is to discriminate against persons of a particular race, color, sex, religion, age or national origin.
Section 10. Liability for Defects. The Declarant, the Association, the Board of Directors, officers of the Association, or the ACC shall not be liable for any defects in any plans and specifications which it approves.
Section 11. Clothes Drying. No drying or airing of clothes outside is permitted.
Section 12 Visible Areas. Nothing may be hung or displayed on the outside or inside of windows except interior inoffensive drapes, curtains or louvered blinds which, from exterior observation, must be white, beige or light gray, or as otherwise authorized by the Board of Directors. Unless otherwise provided herein, no awning, canopy, shutter or television or citizens' band or other radio antenna or transmitter, or any other device or ornament may be affixed to or placed upon an exterior wall or root or any part thereot, or the exterior of any door or window; or in, on, or over a patio, porch or balcony, visible to the exterior, unless authorized by the Board of Directors.
Section 13. Leasing.
(a) The leasing of any portion of a Lot by any Owner, except Declarant, shall be subject to the prior approval of the Board of Directors. In no event shall more than ten percent 10%) of the lots be leased at one time.
(b) All leases and lessees are subject to this Declaration, By-Laws and rules and regulations. Any lessee, by occupancy in Lot, agrees to the applicability of this covenant and agrees to comply strictly with all provisions of the Declaration, By-Laws, and with the administrative rules and regulations adopted pursuant thereto, as any of the foregoing may be lawfully amended from time to time. Upon entering into any lease the Owner shall notify the
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Board of Directors in writing of the name or names of the tenant or tenants, the name or names of all persons entitled to occupy the Lot pursuant to such lease, and the term of such lease.
(c) Notwithstanding anything to the contrary herein contained, the provisions of this
Article shall not apply to impair the right of any First Mortgagee to:
(1) foreclose or take title to a Lot pursuant to remedies contained in any deed to secure debt;
(ii) sell, lease, or otherwise dispose of a Lot acquired by the First Mortgagee. Section 14. Parking. Parking shall only be permitted within the areas designated for pa:king.
Section 15 Nuisance. No rubbish or debris of any kind shall be dumped, placed or permitted to accumulate upon any portion of the Property, and no odor shall be permitted to arise therefrom, so as to render any portion thereof unsanitary, unsightly, offensive or detrimental to persons using or occupying other portions of the Property. No nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to persons using or occupying the portions of the Property.
Section 16 Prohibited Activities. Noxious or offensive activities shall not be carried or in or on the Property. Each Owner, his family, guests, invitees, servants and agents shall refrain from any act on a Lot or on the Common Property which could reasonably cause erbarrassment, discomtort, annoyance or a nuisance to the other Owners of Lots or which may result in cancellation or increase in premium of any insurance on any Lot or any portion of the Common Property or which would be in violation of any law, code or governmental regulations.
Section 17. Single Families. No Unit shall be occupied by more than a single family. As used herein, the term "single family" shall mean one or more persons, provided all persons occupying the Lot are interrelated by blood, adoption or marriage, or, if persons occupying a Lot are not all interrelated by blood, adoption or marriage, then the occupancy of that Lot shall be linited to a maximum of three (3) persons. The words "by blood" shall be deemed to encompass only children, grandchildren, grandparents, brothers, sisters, nieces, nephews, parents, aunts, uncles and first cousins and no other degree of kinship. "Occupancy" for the purposes of this Declaration shall be defined as staying overnight in a Lot for a total of more than thirty (30) days, either consecutive or non-consecutive, in any year.
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ARTICLE VI
GENERAL COVENANTS AND RESTRICTIONS
The following covenants and restrictions shall apply to all Lots and to all Structures erected. or placed thereon:
Section 1. Residential Use. All Lots shall be restricted exclusively to single-family residential use. The use of a portion of a dwelling as an office by an Owner shall not be considered to be a violation of this covenant it such use does not create regular customer, client or employee traffic. The use of a dwelling or a portion thereof for business meetings, entertainment, or the enjoyment or business of the Owner's employees, trustees, agents, clients, or customers shall not be considered to be a violation of this covenant if such use does not create regular customer, chent or employee traftic. Nothing herein shall be construed to prohibit or prevent Declarant or any builder of residences on the Property from using any Lot owned by Declarant or such builder for the purpose of carrying on business related to the development and sale of Lots and/or new homes on Lots.
Section 2. Common Property. The Common Property shall be used by the Owners and Declarant, and their agents, servants, tenants, family members, invitees and licensees for such other purposes as may be authorized by the Association.
Section 3. Debris. No rubbish or debris of any kind shall be dumped. placed or permitted to accumulate upon any portion of an Owner's Lot so as to render the same unsanitary, unsightly or offensive. No nuisance shall be permitted to exist upon any portion of the Property.
Section 4. Erosion Control. No activity which may create erosion or siltation problems shall be undertaken on any Lot except for the initial construction of residences and development of the Property unless the same is approved by the Architectural Control Committee.
Section 5. Signs.
(a) No signs whatsoever shall be installed, altered or maintained on any Lot, or on any portion of a Structure visible from the exterior thereof, except:
(i) such signs as may be required by legal proceedings;
(ii) not more than one "For Sale" or "For Rent" sign, which is subject to the approval of the Architectural Control Committee, provided, however, that in no event shall any such sign be larger than six (6) square feet in area and shall be located in the interior of the home built on the Lot; and
(iii) directional signs for vehicular or pedestrian safety;
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(iv) entry signs used to identify subdivision, marketing signs used to advertise subdivision by Declarant and in conjunction therewith brochure holders.
(b) Following the consummation of the sale of any Lot, the sign located thereon shall be removed immediately.
(c) No signs whatsoever shall be installed, altered or maintained on any Lot, or on any portion of a Structure (in the interior or on the exterior of said structure) which is visible from the exterior thereot, for the purpose ot expressing any opinion or allegations Owner may have with respect to Declarant, the Property, any builder, any neighbors, or anyone affiliated with Villas at Evans Mill other than one sign in support of a political candidate per candidate supported no longer than six square feet in size. The intent of this provision is to maintain property values, to maintain the integrity of the community, and to promote a peaceful residential setting in which all Owners can live without being subjected to controversy in the residential setting. Section 6. Fences. No chain link or cyclone fences may be placed on the property except that Declarant may, but is not required to do so, place such tences on the Common Area or on the perimeters of the Property should Declarant deem it necessary. ALL FENCES PLACED ON THE PROPERTY SHALL BE SUBJECT TO THE WRITTEN APPROVAL OF THE ARCHITECTURAL CONTROL COMMITTEE.
Section 7. Recreational Vehicles, Trailers. etc. Recreational vehicles, trailers, campers, trucks (except pickups and passenger vans), travel buses or any such equipment are not permitted on any Lot, the Common Property, or to be parked on streets within the Property, except that a visitor may park a recreational vehicle in a driveway on a Lot for a period not to exceed forty-eight (48) hours, provided the Architectural Control Committee redeives advance notice of the time the vehicle will be so parked and that the vehicle does not protrube into traffic lanes. No inoperative vehicle shall be parked on any Lot for any period of time in excess of fourteen (14) days. No Cwners or occupants of any Lot or parcel of land shall repair of restore any vehicle of any kind upon any lot or upon any parcel of land, except for emergency repairs. and then only to the extent necessary to enable the movement thereon to a proper repair fadility. Notwithstanding the foregoing, vehicles which are for construction, maintenance or repair may be located on the Property or on a Lot; provided, however, no such vehicle shall remain on a Lot or on the Property in excess of fortye ght (48) hours without written approval of the Architectural Control Committee. Notwithstanding the foregoing, Declarant or its successors who take any of the Froperty for the purpose of developing residential townhouses thereon may temporarily park or store such vehicles or trailers as is necessary to facilitate such development. No more than two (2) cars per dwelling shall be parked anywhere on the Property at any one time, except for visitors.
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Section 8. Recreational Equipment. No recreational, playground equipment or basketball goals shall be placed or installed on any Lot without the approval of the Architectural Control Committee.
Section 9. Improvement of Lot. All construction of dwellings, accessory structures and all other improvements on the Property shall be undertaken and completed in accordance with the following conditions:
(a) All Owners shall use the common mailbox constructed for all Owners and located at the common entrance to the Property. and
Lot. (b) Adequate off-street parking for two vehicles shall be provided for each Section 10. Animals. No animals, including birds, insects and reptiles, may be kept on any Lot unless kept thereon solely as household pets and not for commercial purposes. Notwithstanding the foregoing, no more than 2 such animals with a combined weight of forty (40) pounds shall be allowed. All animals must be kept indoors except when on a leash and being walked. No animal shall be allowed to become a nuisance.
Section 11. Accessory Structures Installed by Dedlarant. Entry signs, fences, walls and landscaping installed by Declarant on the Property shall be and are hereby dedicated to the use and benefit of all Owners, and shall not be removed or altered without a two-third (2/3) vote of the Association Class A members.
Section 12. Miscellaneous Fixtures. To provide a neat, attractive and harmonious appearance throughout the neighborhood, no awnings, shades or window boxes shall be attached to, or hung or used on the exterior of, any window or door of any house; and no railings, fences, or walls shall be installed or constructed upon any lot or parcel of land without the prior written consent of the Architectural Control Committee. Further, no foil or other reflective material shall be used on any windows or sunscreens, blinds, shades or for any other purpose, nor shall any window mounted heating, air-conditioning or fan units be permitted. Outside clotheslines or other outside tacilities for drying or airing clothes are specifically prohibited and shall not be erected, placed or maintained upon any lot or parcel of land, nor shall any clothing, rugs or other items be hung on any railing, fence, hedge or wall.
Section 13. Antennae. No television antenna, radio receiver, satellite dish or other similar device shall be attached to or installed on any portion of the Property, unless said antenna, radio receiver, satellite dish or other device is one meter or less in diameter and is installed at the rear of he residence, nor shall radio or television signals, nor any other form of electromagnetic radiation, pe permitted to originate from any Lot which may unreasonably interfere with the reception of television or radio signals within the Subdivision; provided, however, that the Association shall not pe prohibited from installing equipment necessary for master antenna, security, cable television,
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mobile radio or other similar systems within the Subdivision, and should cable television services be unavailable and adequate television reception not be otherwise available, then an Owner may make written application to the Architectural Control Committee for permission to install a television antenna. The location of the placement of a satellite dish that is one meter or less in diameter shall be subject to the approval, in writing, of the Architectural Control Committee except that said committee must allow a placement at a location on an Owner's Lot where reception can reasonably be obtained.
Section 14. Traffic Regulations. All vehicular traffic on the private streets and roads in Villas at Evans Mill shall be subject to the provisions of the laws of the State of Georgia and Paulding Ccunty concerning operation of motor vehicles on public streets. The Association is hereby authorized to promulgate, administer, and enforce reasonable rules and regulations governing venicular and pedestrian traffic, including reasonable satety measures and speed limits and including modifications of those in force on public streets, within Villas a Evans Mill. The Association shall be entitled to enforce same by establishing such enforcement procedures as it deems appropriate, including levying fines for the violation thereot. In the event of a contlict between such provisions of the laws of the State of Georgia and Paulding County and such rules and regulations promulgated by the Association, the rules and regulations of the Association shall govern drivers licensed to operate motor vehicles by the State of Georgia or by any other state in the United States may operate ar y type of motor vehicle within Villas at Evans Mill. All vehicles of any kind and nature which are operated on the streets of Villas at Evans Mill shall be operated in a careful, prudent, sate, and quiet manner, and with due consideration for the rights of all residents of Villas at Evans Mill.
ARTICLE VII
EASEMENTS, ZONING AND OTHER RESTRICTIONS
Section 1. 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 and other utilities and similar facilities;
(11) 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 quasipublic facility, service or function;
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(iii) slope control purposes, including the right to grade and plant slopes and to 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 re-planting of hedges, shrubbery, bushes, trees, flowers and plants of any nature;
(v) the erection, installation, construction and maintenance of fences, walls, monuments, signs, etc. along streets in, around and along and at entrances to the Development, and the right to landscape such areas, plant, re-plant and prune hedges, shrubbery, bushes, trees, flowers, grass and plants of any nature.
(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.
(c) The Declarant hereby reserves for itself, its successors and assigns, across the Property perpetual easements appurtenant to all or any portion of the Property for the following uses and purposes:
(i) An easement for ingress and egress by vehicular and pedestrian traffic over (1) such drives, roadways, walkways and paths as are shown on the plat or plats recorded in connection with the Property, and (2) such drives, roadways, walkways and paths as may be constructed in the future; and
(ii) An easement for the purpose of installing, operating, maintaining and replacing wires, pipes, conduits and other structures and facilities necessary to the furnishing of gas, water, , sewerage, storm drainage, electricity, street lights, telephone, and other utilities and services, including the right to use in common with the Owners of the Property, the wires, pipes, conduits, and other structures and facilities furnishing such utilities and services to such Owners.
(d) In addition to the above, the Declarant hereby grants a general easement in favor of utility, cable television and other such service companies across the Property, to maintain, repair, replace and service wires, pipes, conduits, street lights and other structures and facilities provided for the benefit of the Owners.
(e) The easements created in this Article VII are in addition to any easements or rights created elsewhere in this Declaration or in other easements of record. The
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provisions of this Article VII may not be amended without the written consent of the Declarant, its successors and assigns.
Section 2. Easement Area. The words "Easement Area" as used herein shall mean those areas on any Lot with respect to which easements are shown on a recorded deed or on any filed or recorded map or plat relating thereto.
Section 3. 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 sure done in accordance with the provisions of this Article. 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
Section 4. 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 this Declaration, the most restrictive provision shall govern and control.
ARTICLE VIII
ENFORCEMENT
Section 1. 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.
Section 2. Right of Abatement.
(a) Except where different notice provisions are provided in this Declaration. 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 such violation or breach, and the specific action or actions needed to be taken to remedy such violation of breach. If the Owner shall fail to take reasonable steps to remedy such violation or breach within thirty (30) days after the mailing of such written notice, then the Association shall have the Right of Abatement.
(b) The Right of Abatement, as used in this Section and in other sections of this Declaration, means the right of the Association, through its agents and
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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 such actions, provided such entry and such actions are carried out in accordance with the provisions of this Section, and with the cost thereof, including the costs of collection and reasonable attorney's fees, together with interest thereon at the lower of the highest rate permitted by law or 12% to be a binding personal obligation of such Owner enforceable in law, as well as a len on such Owner's Lot enforceable pursuant to the provisions of Section 4 hereof. Such lien shall be superior to any and all charges, liens or encumbrances which may in any manner arise or be 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 (1) such liens for taxes or other public charges as are by applicable law made superior, (ii) the liens created by Section 4.01 hereof and (iii) 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.
Section 3. Fines. The Board of Directors may impose fines or other sanctions, for violations of this Declaration, said fines to be collected as provided herein for the collection of assessments.
Section 4. 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, theretore, any beneficiary hereof shall be entitled to relet by way of injunction or specific performance, as well as any other relief available at law or in equity, to enforce the provisions hereof.
Section 5. Collection of Assessments 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 attorney's fees.
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(b) As an additional remedy, but in no way as a limitation on the remedies, it any assessment, interest, cost 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 Courthouse in Paulding 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 Paulding County, Georgia are published, all other notice being hereby waived by each Owner, and the Association or any person on behalt of the Association, or assigns, may bid and purchase at such sale and thereupon execute and deliver to the purchaser or purchasers at such sale a conveyance of said property in tee 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 or assigns, shall be binding agrees that the recitals so to be made by the Association,
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 shall be effectual to bar all conveyance to be made by the Association or assigns,
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 assessment, interest, cost or other charge due, together with all costs and expenses of sale and fifteen percent of the aggregate amount due for attorney's fees, shall pay any excess to such agency hereby granted are coupled with an interest and are irrevocable by death or Owner, or to the heirs or assigns of such Owner as provided by law. The power and otherwise and are granted as cumulative to the remedies for collection of said indebtedness provided by law.
CONVEYING A LOT SUBJECT TO THIS DECLARATION, WAIVES ANY (c) WAIVER. EACH OWNER, BY AQCEPTANCE OF A DEED RIGHT WHICH OWNER MAY HAVE UNDER THE CONSTITUTION OR THE LAWS OF THE STATE OF GEORGIA OR THE CONSTITUTION OR 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
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FIRST BEEN ALLOWED THE OPPORTUNITY TO CONSULT LEGAL COUNSEL WITH RESPECT TO OWNER'S POSSIBLE RIGHTS.
Section 6. 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, thereto. as to the same violation or breach or as to any violation or breach occurring prior or subsequent
ARTICLE IX
DURATION AND AMENDMENT
Section 1. Duration and Perpetuities.
(a) The provisions of these covenants shall run with and bind the land and shall be and remain in effect perpetually to the extent permitted by law. Provided, covenants restricting lands to certain uses may however, so long as Georgia law limits to twenty (20) years, the period during which Covenants affected thereby shall run with and bind the land for a period of twenty run, any provisions of these (20) years from the date these Covenants are filed for record in the Office of the Clerk of the Superior Court of Paulding County, Georgia, after which time such provisions shall be automatically extended, it permitted by law, tor successive periods of ten (10) years, unless an instrument, signed by at least seventy-five percent (75%) of the then Owners of record and the holders of first mortgages on their Lots has been recorded in the Office of the Clerk of said Court, agreeing to terminate or change such provisions in whole or in part. Every purchaser or grantee of any interest in any portion of the Property, by acceptance of a deed or other conveyance renewed as provided in this section. thereof, thereby agrees that the provisions of these Covenants may be extended and
(b) If any of the covenants, conditions, restrictions, easements or other provisions of these Covenants shall be unlawful, void or voidable for violation of the Rule Against Perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the survivor of the now living descendants of Her Majesty Queen Elizabeth II, the Queen of England.
Section 2. Amendment. These Covenants may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule or regulation or judicial determination which shall be in conflict therewith, (ii) if such amendment is mecessary to enable any reputable title insurance company to issue title insurance coverage with respect to the Lots subject to these Covenants, (iii) if such amendment is required by an institutional or governmental lender or
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purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the Lots subject to these Covenants, or (iv) if such amendment is necessary to enatle any governmental agency, such as the Federal Housing Administration, the Veterans Administration, or reputable private insurance company to insure mortgage loans on the Lots subject to these Covenants; provided any such amendment shall not adversely affect the title to any Owner's Lot, unless any such Owner so affected thereby shall consent thereto in writing. These Covenants may be amended at any time and from time to time by an agreement signed by at least seventy tive (75%) percent of the Owners; provided, however, such amendment by the Owners shall not be effective unless also signed by the Declarant, if Declarant is the owner of any real property subject to these Covenants. No amendment to the provisions of these Covenants shall alter, modify, change or rescind any right, title, interest or privilege herein granted or accorded to the holder of any mortgage encumbering any Lot or the Common Property affected thereby unless such holder shall consent in writing thereto. Any such amendment shall not become effective until the instrument evidencing such change has been filed of record in the Office of the Clerk of the Superior Court of Pailding County, Georgia. The written consent thereto of any mortgage holder affected thereby shall also be filed with such amendment. Every purchaser or grantee of any interest in any real property now or hereafter subject to these Covenants, by acceptance of a deed or other conveyance the efor, thereby agrees that these Covenants may be amended as provided in this Section.
ARTICLE X
PARTY WALLS
Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the residences upon the Properties and placed on the dividing line between two or Article, the general rules of law regarding party walls and liability for property damage due to more Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this negligence or willful acts or omissions shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The reasonable repair and maintenance of a party wall, common roof, gutters, and downspouts not covered by insurance shall be shared by the ov/ners who make use of such in proportion to such use.
Section 3. Weatherproofing. Notwithstanding any other provisions of this Article, an Owner w.1o by his or her negligence or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.
Section 4. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title.
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ARTICLE XI
MISCELLANEOUS
Section 1. Other Changes. Notwithstanding any other provisions hereby which may be construed to the contrary, unless at least two-thirds (2/3) of the first mortgagees (based upon one vote for each first mortgage owned) or Owners (other than the Declarant) of the individual Lots in the Development have given their prior written approval, the Association shall not be entitled to:
(a) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Property owned, directly or indirectly, by such Association (the granting of easements for public utilities or for other public purposes consistent with the intended use of such common area or property by the Association shall not be deemed a transfer within the meaning of this clause);
(b) change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner;
(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 of dwellings on the Lots of the Development, the exterior maintenance of Lots and improvements thereon, the maintenance of the Common Property or party walks or common tences or common roadways and driveways, or the upkeep of lawns and plantings in the Development;
(d) fail to maintain fire and extended coverage on insurable Association Common Property if any, on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based on current replacement cost);
(e) use hazard insurance proceeds for losses to any Association Common Property for other than the repair, replacement or reconstruction of such property.
Section 2. Rights of First Mortgagees.
(a) First mortgagees of Lots in the Development may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Association's Common Property and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage on the lapse of a policy, for such Common Property and first mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Despite any other provision of this Declaration which may be interpreted otherwise, it is expressly intended that no Owner or any other party have priority over any rights of
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the first mortgagee of a Lot pursuant to its mortgage or security deed in the case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of Association Common Property.
(b) In addition to the rights of mortgagees elsewhere provided, each first mortgagee ot a Lot, upon request, shall (i) be entitled to written notice from the Association of any default in the performance of his obligations under the Development documents of an Owner which is not cured within sixty (60) days; (i1) be entitled to attend and observe all meetings of Owners, but not meetings of the Board; (iii) be entitled to be furnished copies of annual financial reports made to the Owners; and (iv) be entitled to inspect the financial books and records of the Association during reasonable business hours.
Section 3. No Reverter. No restriction herein is intended to be, or shall be construed as, a condition subsequent or as creating a possibility of reverter.
Section 4. 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.
Section 5. 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.
Section 6. Gender. Throughout this Declaration, the masculine gender shall be deemed to include the feminine and neuter, and the singular, the plural, and vice versa.
Section 7. 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 ACC, the Owner, or any other person, shall be in writing. All such writings shall be sufficient only if deposited in the United States Mail, with sufficient postage, and sent to the following addresses:
(a) Declarant: The Villas at Evans Mill, LLC
1950 North Park Place
Building 100, Suite 150
Atlanta, GA 30339
(b) Owner: Each Owner's address as registered with the Association in accordance with the Bylaws.
Any written communication transmitted in accordance with this Section 7 shall be deemed received on the third (3rd) day following the day such written notice is deposited in the United States Mail.
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Section 8. 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.
Section 9. FHA/VA Approval. As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: Annexation of additional properties; dedication of Common Property; and amendment of this Declaration of Covenants, Conditions and Restrictions.
its hand and seal this 30 I WENES WERE the neps are being the Decent bein, has heumo set Signed, Sealed and Delivered in the presence THE VILLAS AT EVANS MILL, LLO of:
Stacey A. Munson
Witn _[Seal]
Wus en Title MEMBER/ANAGER Notary Public [Seal]
TARY
• Notary Public, Cobb County, Georg Y-Commission Expires July 12. 200 10-30 20 01 PUEL RECORDEO._
TASVA F. SEELTON, OLERA SUPRAJOR COURT, PATIDING CO.
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EXHIIT IA"
described as follows:
BEGINNING at a puint located at the intersection of the southeasterly right of way of State Route 120 (huving a variable right of way) with the easterly right of way of Evans Mill Drive; thence running in a northeasierly direction as measured along the southeasterly right of way of east, for a distanco of 137.70 feet to a concrete monument found: north 47 degrees 38 minutes 18 State Roule 120, the following courses and distances: north 63 degrees 46 minutes 52 seconds seconds cast for a distance of 51.81 feet to a concrete monument found; north 64 degrees 01 minutes 02 seconds east for a distance of 440.08 feet to a concrete monument found; north 78 noith 71 dogrces 51 minutes 31 seconds east for a distance of 145.87 feet to a concrete degrecs 52 minutes 37 seconds east for a distance of 155.81 feet to a concrete monument found; incuument found and corner; south 25 degrees 59 minutes 47 seconds east for a distance of 25.04 foct to a concrete monument found and corner; north 64 degrees 05 minutes 43 seconds east for a distance of 29.70 feet to a point and comer, thence leaving the right of way of State Route 120, and running thence south 52 degrees 28 minutes 55 seconds east for a distance of 450.61 feet to a 586.54 feet to a point and corner located on the northeasterly right of way of Evans Mill Drive; point and comer; thence running south 40 degrees 19 minutes 18 seconds west for a distance of thence running in a northwesterly, westerly, and northwesterly direction as measured along the northeasterly, northerly, and northeasterly right of way of Evans Mill Drive, the following courses and distances: north 49 degrees 40 minutes 32 seconds west for a distance of 140.62 feet to a point; along the arc of a curve, an arc distance of 172.06 feet (said arc being subtended by a chord bearing north 67 degrees 16 minutes 46 seconds west, a chord distance of 169.36 feet, and having a radius of 280.00 feet to a point; north 84 degrees 53 minutes 00 seconds west for a distance of 37.45 feet to a point; north 74 degrees 57 minutes 25 seconds west for a distance of to : point; along the arc of a curve, an arc distance of 213.30 feet (said arc being subtended by a 72.51 feet to a point; north 84 degrees 53 minutes 00 seconds west for a distance of 328.U3 feet chord hearing north 55 degrees 26 minutes 03 seconds west, a chord distance of 204.03 feet, and having a radius of 207.50 feet) to a point; north 25 degrees 59 minutes 07 seconds west for a disance of 18.67 feet to a point and corner; thence running north 19 degrees 00 minutes 53 seconds east as measured along the easterly right of way of Evans Mill Drive for a distance of 28.28 feet to the point of BEGINNING.