Covenants
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SUPERIOR COURT FILED
Return to: ACKSON COUNTY, GA
Russell T. Quarterman
Russell T. Quarterman, P.C. 2003 MAR 27 PM 12: 14
1671 Meriweather Drive
Suite 103 REBA PARKS, CLERK
Bogart, Georgia 30622 DEED BOOK 1-0 PACE LOOT- (706) 543-7777
678 STATE OF GEORGIA
COUNTY OF OCONEE
PROTECTIVE COVENANTS FOR HARRIS HILLS
THIS DECLARATION OF PROTECTIVE COVENANTS, made and published this the
day of January, 2003, by BETTY A. HARDY, hereinafer referred to as Declarant.
WITNESSETH:
THAT WHEREAS, said BETTY A. HARDY is the owner of that property shown on that
certain plat entitled "Survey for Harris Hills Subdivision" dated April 13, 2001, prepared by W.T
Dunahoo & Associates, Inc., W.T Dunahoo, Registered Land Surveyor, and recorded in Plat Book
57, Page 189, in the Office of the Clerk of the Superior Court of Jackson County, Georgia; and
WHEREAS, it is to the interest, benefit, and advantage of said Betty A. Hardy and to each
and every person who shall hereafter purchase any numbered lots in said subject properly, that
certain protective covenants governing and regulating the use and occupancy of the same be
established, set forth, and declared to be covenants running with the land; and
WHEREAS, the said Betty A. Hardy hereby specifically declares these Protective Covenants
to be and made applicable to, and only to the property described in Exhibit A attached horcto and
incorporated herein;
NOW, TIEREFORE, for and in consideration of the premises and of the benefits to be
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derived by Betty A. Hardy and each and every subsequent owner of any of the numbered lots in said subject property, said Ross Development, Inc. does hereby set up, establish, promulgate and declare the tollowing protective covenants to apply to, and only to, each and all of said numbered lots in said subject property, and to all porsons owning said lots, or any of them hereafter; these protective covenants shall become effective immediately and run with the land and shall be binding upon all persons claiming any such numbered lot (hereinafter "lot") under and through Betty A. Hardy until 25 years from the datc of recording of these protective covenants at which time said covenants may be extended or terminated in whole or in part as hereafter provided, to-wit:
1. LAND USE AND BUILDING TYPE. No lot shall be uscd, except for residential purposes. Provided, however, in the event a single family residence is maintained as a model homo for the purpose of marketing singie family residences for sale on the subject property, said maintenance of a model home shall be a permitted use. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling, constructed and maiutained for the use and occupancy of a single family unit and private garage for not more than three cars and other outhuildings customarily used in connection with and incidental to a single family dwelling.
No residential structure may be relocated and placed on any lot.
2. ARCHITECTURAL CONTROL. No building shall be erected, placed, or altercd on any lot until the construction plans and specifications and a site plan showing location of the structure have bon approved by the Architectural Control Committee as to quality of workmanship and materials, hamony of external design with existing structures, and as to location with respect to topography and finish grade clevation. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the front line of the house, unless similarly approved. No fences shall
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1 004
he erected within 25 feet of any side, front, or rear lot lines without prior written approval from the
Architectural Control Committee. Approval shall be as provided in Paragraph 22 below.
3. DWELLING COST, QUALITY AND SIZE.
(a) All one-story dwellings must contain a minimum of 2000_ square feet of heated
interior space and all (wo-story dwellings must contain a minimum of 2000)
square feet of heated interior space.
(0) Each residence and other structures shall be constructed only of matcrials, and in
colors, approved in writing by the Architectural Control Committee with the exterior
of the residences being brick or stucco or rock. Siding may only be used if deemed
to be necessary by the Architectural Control Committee for the " Architectural Style"
of the home.
BUILDING LOCATION. No building shall be located on any lot nearcr to the front
linc or nearer to the side street line than the minimum building set-back lines shown on the recorded
plat. No building shall be located nearcr than 15 feer to an interior lot line. No dwelling shall be
located on an interior lot nearer than 40 feet to the rear lot line. For the purposes of this covenant,
caves and steps shall not be considered as part of a building, provided, however, that this shall not
be construed to permit any portion of a building to encroach upon another lot.
5. COMMENCEMENT OF CONSTRUCTION/CONTRACTOR APPROVAL. A lot
owner shall commence construction of a single family residence on said owner's lot within two years
of the date of the purchase of same. In the event the Purchaser fails to commence construction as
provided above, the Declarant shall have the right to repurchase said lot for the original sales price
fron said lot owner. This repurchase option shall be effective for six months following the failurc
to commenco construction... The contractor chosen by a lot owner for construction shall be subject
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to the approval of the Architectural Control Committee.
6. GARAGES. There shall be no garages which front on a street, except in the case of corner lots. In that event, the location of the garage shall be subject to the approval of the Architectural Control Committee. No outbuildings shall be permitted without the approval of the Architectural Control Committee. An outbuilding shall not be approved unless said outhuilding is of the same style and quality as the single family residence located on the property where the said outbuilding is proposed to be located.
PENCES. No fences shall be allowed except chainlink fences with black coating no greater than five (5) feet high. No fences shall be allowed in front or side yards.
MAILBOXES. The Architectural Control Committee shall have the right to approve the location, color, size, design, lettering and all other particulars of mail and newspaper boxes, if any, and of name signs on such boxes, as well as property identification markers and decorative hardwarc, whether attached to such mail-box, to any structure within the Lot or affixed or erected upon the grounds of the Lot. All mailboxes shall be cast iron, in style and shape approved, by the Architectural Control Committee.
9. LANDSCAPING AND TREE REMOVAL. An owner shall have the right to remove live trees for the sole purpose of constructing the dwelling and improvemcnt in compliance with the approved construction plan and site plan described above. All other removal of live trees shall be subject to the approval of the Architectural Control Committee. All front yards shall be sodded with a coverage of at least 5000 square feet and shall havc underground irrigation systems sufficient to provide water to the aforementioned sodded areas. The aforementioned sodding and irrigation shall be completed within 180 days from the completion of the construction of the single family rosidence
located on a lot.
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RUSSEL T QUARTERMAY P.C. 1006
10. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilitics are reserved as shown on said plat so recorded in said Clerk's Office in Plat Book 43, Page 7
11. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
12. TEMPORARY STRUCTURES. No structures of a temporary character shall be allowed to be placed on any lot, Provided, however, during the construction of dwellings on the subject property, construction trailers may be maintained
13. OIL AND MINING OPERATIONS. No oil drilling, oil development opcrations, oil refining, quarrying or mining operations of any kind shail be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon any lot; and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or
permitted on, upon, or in any lot.
14. ABOVE GROUND TANKS AND ANTENNAS. No exposed above ground tanks
will be permitted on any lot for the storage of fuel, water, or for any other use. Television "dish"
antennas shall not be permitted in the front yard of any lot and shall not be visible from the front yard
of any lot, Antennas on a comer lot arc required to be shielded from view from the side street. In
any event, if antennas are allowed, they can only be placed in the rear yard, must be shielded from
vicw, and must be approved by the Architectural Control Committee.
15. SIGNS. No sign of any kind shall be displayed to the public view on any lot except
one professional sign of not more than one square foot, one sign of not more than five square fect
advertising the property for sale or rent, or signs used by a builder to advertise the property during
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the construction period.
16. LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kopt,
provided they are not kept, bred, or maintained for any commercial purposes.
17. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a
dumping ground for rubbish, trash, garbage, or waste. All incinerators or other equipment for the
storage or disposal of such material are prohibited.
18. SEWAGE DISPOSAL. No individual sewage-disposal system shall be permitted on
any lot, unless such systom is designed, located and constructed in accordanco with the requirements,
standards, and recommendations of the Georgia Department of Public Health. Approval of such
systems as installed shall be obtained from such authority.
19. BOATS, CAMPERS, AND MOTOR HOMES. The parking of any boats, campers, and motor homes is prohibited unless same are parked in the rear yard on a concrete pad shielded
from view from adjacent lots.
20. POOL COVERS. No pool covers shall be permitted which are higher than six inches
above the swimming pool deck except by written authorization from the Architectural Control
Committee.
21. SIGHT DISTANCE AT INTERSECTION. No fence, wall, hedge, or shrub planting which obstructs sign lines at clevations between two and six feet above the roadways shall he placed
or permitted to remain on any comer lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case
of a rounded property corner, from the intersection of the street property lines extended. The same
sight-line limitations shall apply on any lot which is within ten feet from the intersection of a street
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property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain
within such distance of such intersections unless the foliage line is maintained at sufficient height
to prevent obstructions of such sight lines
22. ARCHITECTURAL CONTROL COMMITTEE.
a. Membership. The Architectural Control Committec is composed of Tom Hardy. A
majority of the committee may designate a representative to act for it. In the event of death or
resignation of any member of the committee, the remaining members shall have full authority to
designate a successor. Neither the members of the committee nor its designated representative shall
be entitled to any compensation for services performed pursuant to this covenant.
The Architectural Control Committee shall have the right to grant variances to these
covenants provided that said grant is in writing and signed by a majority of the Architectural Control
Committee.
b. Procedure. The committee's approval or disapproval as required in these covenants
shall be in writing. In the event the committee, or its designated representative, fails to approve or
disapprove within 30 days after the plans and specifications have been submitted to it, or in any
event, if no suit to enjoin the construction has been commenced prior to the completion thereof,
approval will not be required and the related covenants shall be deemed to havc been fully complied
with
23. PROPERTY OWNER'S ASSOCIATION.
a. The Declarant may elect to convey certain portions of the subject property and any other
property which adjoins the subject property for the benefit of the lots in the subject property.
b. In the event the Declarant elects to convey any property for the benefit of the lot owners,
the Declarant shall create a not-for-profit property owner's association which shall hold title to said
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property for the benefit of the owners of lots. The Declarant shall have the right to the sole and exclusive control of the Association until 80% of the lots in the subject property have been sold or
otherwise conveyed to third parties.
c. Every Owner of a Lot in Harris Hills shall be a member of the Association. If title to a Lot is held by more than one person, each of such persons shall be members. membership shall be appurtenant to the Lot to which it appertains and shall be transferred automatically. Notwithstanding the above, each Lot shall be entitled to one (1) vote in the Association.
d. The provisions of this Article are to be amplified by the Articles of Incorporation and ByLaws of the Association provided, however, no such amplification shall substantially alter or amend any of the rights or obligations of the Owners of Lots as set forth herein. In the event of any conflict
or inconsistencics among this Declaration, the Articles of Incorporation or the By-Laws of the
Association, this Declaration and the Articles of Incorporation (in that order) shall prevail.
24. ASSESSMENTS.
Assessments against the Lot Owners shall be made to raise funds to pay the common expenses of the Property, and contribute a pro rata share of the maintenance of the common areas
of Harris Hills and shall be governed by the following provisions:
(a) Liability. Each Lot Owner shall be liable to the Association for all sums as are lawfully assessed by the Association against him or his Lot or Lots in accordance with the terms and
provisions of this Declaration and Articles of Incorporation and By-Laws. In addition to exercising the remedies provided for hercin, the Association may enforce such liability by an action at law to recover all amounts assessed against each unit owner in accordance with the provisions of this
Declaration.
(b) Creation of the Lien and Personal Obligation for Assessment. Fach owner of any Lot
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by acceptance of a deed or other conveyance thereof, whether or not it shall be expressed in any such
deed or other conveyance, covenants and agrees to pay to the Association assessment which shall
be fixed, established, and collected as herein provided; however, nothing contained herein shall be
construcd to obligate Declarant to pay assessments on lots prior to the sale of said Lots.
(c) Uniform Rate of Assessment. All annual assessments shall be fixed at a uniform rate for
all Lots.
(d) Purpose. Assessments shall be levied against the Lot owners and the Lots to defray the
common expenses of the Property. The common expenses of the Property shall be all of the
expenditures which are made or incurred by or on behalf of the Association in connection with the
exercise of its powers and responsibilities, and shall include but not be limited to the following:
(i) all expenses related to the maintenance and repair of the storm water detention
facility located on the subject property:
(ii) premiums for all insurance policies maintained by the Association;
(iii) the expenses of performing the maintenance, repair, renovation, restoration and
replacement work which is the responsibility of the Association hereunder;
(iv) such other costs and expenses as may be determined from time to time by the
Board of Directors to be common expenses; and
(e) Collection. In addition to all other remedies provided by law, the Association may
enforce collection of the assessments for which a Lot Owner is liable, together with all other
amounts as may be owed by such Lot Owner to the Association, as hereinafter provided.
(i) In the event that any Lot Owner shall fail to pay any installment of any assessment
levied against him within ten (10) days after such installment shall be duc and payable and the
payment of, and shall pay, in addition to the amounts so due the Association:
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(ii) In the event that any Lot Owner shall fail to pay within five (5) days after the same shall be due, any amounts due and payable to the Association, such Lot Owner shall be liable for the payment of, and shall pay, in addition to the amounts so due the Association:
(a) A late charge equal to the Ten ($10.00) Dollars or ten (10%) percent of the amount so due, whichever is the greater;
(b) interest on the amount so due, and the aforesaid late charge apportaining thereto, from the date same werc due and payable, at the rate of ten (10%) percent per annum, until paid;
(c) the cost of collection, including court costs, the expenses of sale, aay expenses required for the protection and preservation of the Lot, and reasonable attorney's fees actually incurred; and
(d) in the cvent the Association shall seek to foreclose its lien on the Lot of such owner, the fair rental value of the Lot from the timo of the institution of suit until sale of the unit at foreclosure (or until the judgment rendered in such suit is otherwise satisfied).
(iii) All sums lawfully assessed by the Association against any Lot Owner or Property Owner's Association Lot, whether for the share of the common expenses pertaining to that Lot, fines, or otherwise and all reasonable charges made to any Lot Owner or Lot for material furnished or services rendered by the Association at the Owner's request to or on behalf of the Lot Owner or Lot, shall, from the time the sums become duc and payable, be the personal obligation of the Lot Owner and constitute a lien in favor of the Association on the Lot prior and superior to all other liens whatsoever cxcept:
(a) Liens for ad valorem taxes on the Lot;
(b) The lien of any first priority mortgage covering the Lot and the lien of any
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mortgage recorded prior to the recording of the Declaration; or
(c) The lien of any secondary purchase money mortgage covcring the Lot, provided that neither the grantee nor any successor grantee of the mortgage is the seller of the Lot.
The recording of this Declaration shall constitute record notice of the existence of the licn
and no further recordation of any claim of lien for assessment shall be required.
(iv) The rights of a Lot Owner and all persons entitled to occupy the Lot of such
owner, to use the common clements shall be suspended for the period of time any amount due and
owing to the Association in regard to any Lot owned by such owner shall remain unpaid; provided,
however, that no such suspension shall deny any Lot Owner, or the occupants of any Lot, access to
the Lot owned or occupied, nor cause any hazardous or unsanitary condition to exist.
25. INSURANCE. Insurance which shall be obtained by the Association shall be
governed by the following provisions:
(a) Types of Insurance. The Association shall obtain and maintain the following insurance
policies:
(1) A comprchensive policy of public liability insurance covering all of the common
elements. Such liability insurance policy shall contain a "severability of'interest endorsement which
shall preclude the insurcr from denying the claim of a Lot Owner because of the negligent acts ofthe
Association or other Lot Owners. Such liability insurance policy shall cover the Association, the
Board of Directors, the officers of the Association, all agents and employees of the Association, and
all unit owners and other persons entitled to occupy any Lot or other portion of the Property, shall
be for at least $500,000.00 for injury including death to a single person, $1,000,000.00 for injury or
injuries, including death, arising out of a single occurrence and $50,000.00 for property damage, with
a cross liability endorsement to cover the Lot Owners as a group and shall include protection for
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damage to the property of others.
26. TERMS. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 25 years from the dato these covenants are recorded, after which time said covenants shall be automatically extended for successive period of 10 years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
27. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.
28. SEVERABNITY. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this instrument under his seal this the 201 day of January, 2003.
BETTY A. HARDY
Signed, sealed and delivered
in the presence of:
Witne
Eva M Cand
Notary Poday of January, 2001OTAA This the 20