Covenants
10678
20431
FINALS OF 00431 STR/15 After recording, return to: 03 JUN 26 PM 3:57
Donald W. Hansford, PC
P 0 Box 1376 528 431-443 Watkinsville, GA 30677
06:26:03
DECLARATION OF PROTECTIVE COVENANTS
THIS fECLARATION OF PROTECTIVE COVENANTS, made as of the 26th
-, 2003 by WHITE OAK HOMES, INC., a Georgia Corporation (hereinafter referred to as "Declarant"), for JEFFREY's WALK (hereinafter referred to as the "Subdivision") pursuant to Final plat of said subdivision recorded in Plat Book 34, Page 208, Records of Oconee County, Georgia (hereinafter referred to as the "Plat"),
WITNESSETH
WHEREAS, Declarant is the owner of the Subdivision, the... subdivision being a subdivision of all of those certain lots, tracts or parcels of land lying and being in Oconee County, Georgia and being more particularly described on Exhibit "A" attached hereto and incorporated herein by reference; and
WHEREAS, it is to the interest, benefit and advantage of Declarant and each and every person who shall hereafter purchase any lot in the Subdivision (hereinafter collectively referred to in the singular as a "Lot" and in the plural as "Lots")! that certain protective covenants governing and regulating the use and occupancy of the Subdivision be established,, set forth and declared to be covenants running with the land.
NOW, THEREFORE, for and in consideration of the premises and of the benefits to be derived by Declarant and each and every subsequent owner of any of the Lots, Declarant does hereby set up, establish, promulgate and declare the following protective covenants to apply to All of the Lots and to all persons owning the Lots, or any of them, & \WordPerfect Documents\Misc\Jeffrey's WalxProtCovs.wpd
00678
00432
(c) 00432
hereafter. These protective covenants shall be binding on all persors claiming under and through the Declarant for a period of twenty (20! years from and after the date of this instrument, at which time such covenants may be extended as hereinafter provided.
1. Land Use and Building Type. No Lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted other than one detached single-family dwelling unit and one ancillary building in keeping with the general scheme of residential use and being ancillary thereto. Any permitted ancillary building must be located in rear of dwelling and be constructed of the same materials as the dwelling to insure that exterior of ancillary building matches the exterior of the dwelling.
2. Architectural Control. No building or ancillary building shall be erected, placed or altered on any Lot until the construction plans and specifications and plans showing location of the structure has been approved by the Architectural Control Committee, as described in Paragraph 18 below, as to quality of workmanship and materials, harmony of external design with existing structures and aj to location with respect to topography and finished grade elevation. No fence or walls shall be erected, placed or altered on any Lot nearer to any street than the minimum building set-back line unless similarly approved. Approval shall be obtained as provided in Paragraph 18 below.
3. Dwelling, Cost, Quality and Size. It being the intention and purpose of this covenant to assure that all dwellings shall be of the quality of workmanship and materials, and of a minimum size, the ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than FIFTEEN HUNDRED (1500) square feet. All dwellings must be erected in conformity with Oconee County regulations concerning minimum standards. All dwellings must be constructed to meet the minimum efficiency standards of Georgia Power Good Cents Home Certification requirements. All dwellings must have black singled roofs.
Building Location. No building shall be located on any Lot nearer to the front line of the Lot than 30 feet nor nearer to the side lines than 15 feet nor nearer to the rear line than 40 feet. For the purposes of this covenant, steps and walkways shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a Lot to
G:\WordPerfect Documents\Misc\Jeffrey's WalkProtCovs.wpd
00678
00434
0 004ął
12. 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 kept, provided that they are not kept, bred or maintained for any commercial purposes.
13. Garbage and Refuge Disposal. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other shall not be kept except in sanitary containers. All containers, incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
14. Sewerage Disposal. No individual sewerage-disposal system shall be permitted on any Lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of the Georgia Department of Public Health. Approval of such systems as installed shall be obtained from the appropriate governmental authorities.
15. Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) feet and six (6) feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points fifteen (15) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of street property lines as extended. The same sight-line limitations shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of the driveway pavement of such Lot. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a sufficient height to prevent obstruction of such sight lines.
16. Common Area Maintenance. All common areas and elements maintained by the Declarant, or the Association once Declarant relinquishes control as provided herein, and all costs for maintenance, repair, improvement, and insurance shall be
assessable against the Residential Unit/Lot Owners as provided for
17. Storm Water Detention Facility and Drainage Basements. In addition to any other common elements associated with Property, all stormwater detention facilities and their related easements shall be common elements to be owned and enjoyed by the Unit Owners. These
G: \WordPerfect Documents\Misc\Jeffrey's WalkProtCovs.wod
0 60435
elements shall be maintained by the Association and all costs for repair, improvement, and insurance shall be lien assessable mintenance to the same extent as for other common elements as provided for herein.
18. Architectural Control Committee. The Architectural Control Committee shall be composed of the officers of WHITE OAK HOMES, INC. me majority of the Architectural Control Committee may designate a representative to act for it. In the event of the death or resignation of any member of the Architectural Control Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Architectural Control Committee, nor its designated representative, shall be entitled to any compensation for services performed pursuant to this instrument. The approval or disapproval of the Architectural Control Committee as required by this instrument shall be in writing. In the event the Architectural control Committee, or its designated representative, fails to approve or disapprove plans and specifications within thirty (30) days after such plans and specifications shall have been submitted to it, then the approval of the Architectural Control Committee shall be deemed to have been given and compliance with the related covenants shall be deemed to have been made. For any lot owner, or its agent, to rely on the provisions of this section for failure of the Committee to respond with the time period designated, any such person or entity secking approval of plans and specifications must first have made *uch request in writing and transmitted same to Architectural Control Committee via certified mail, return receipt requested to Post Office Fox 2804, Loganville, Georgia 30052-1965, or such other address as the Committee may designate.
19. Storm Water Detention Facilities. Easements for the storm water detention facilities, and all other common areas and elements, met forth on the plat of the Property shall be conveyed to the Homeowners' Association, as herein provided, and shall be maintained by the Association as provided by the laws and regulations of Oconee County and the State of Georgia.
20. Insurance. The Declarant, and after the Declarant has flinquished control of the management of the subdivision and the WIthin restrictions to the Homeowners' Association as provided herein We Roord of Directors of the Association or its duly authorized gent, shall have the authority to and shall obtain insurance for all improvements on the common areas, including the storm water detention facilities, against loss or damage by fire or other hazards, including extended coverage, vandalism, and malicious mischief, in A ¡Mindfertect Documents\Misc\Jeffrey's WalkProtCovs.wpd
00678
00436
50438
amounts sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard and shall also obtain a multi-peril public liability policy covering the common areas and storm water detention facilities ard all damage or injury caused by negligence of the Association or any of its agents. All such insurance coverage obtained shall be written in the name of the Association and all such policies shall be written by accompanied license to do business in the State of Georgia, and all policies shall be for the benefit of the Association and its mortgagees, if any, as their interest may appear.
21. Homeowner's Association.
21.1 The Association.
The Declarant, upon relinquishing control of the common areas and elements, will cause to be formed and incorporated under the laws of the State of Georgia a non-profit Homeowners Association to manage the common areas and elements, storm water detention facilities, and otherwise enforce these covenants.
21.2 Membership.
Every person who is an Owner of a lot shall be a member of the Association; provided, however, that any Person who owns such interest merely as security for the performance of an obligation shall not be a member of the Association.
21.3 Classes of Membership; Voting Rights.
The Association shall have one class of membership.
21.4. Suspension of Membership Rights.
The membership rights of any member, including the right to vote, may be suspended by the Association's Board of Directors pursuant to authority granted in the Association's By-Laws, as amended from time to time. Any such suspension shall not affect such members' obligations to pay assessments past due or coming due during the period of suspension and shall not affect the permanent charge „and lien on the members' property in favor of the Association.
21.5. Meetings of the Membership.
All matters concerning meetings of members of the Association,
G: \WordPerfect Documents\Misc\Jeffrey's WalkProtCovs.wpd
1878 0. 06437 *437
including the time in which and the manner in which notice of any of said meetings shall be given to members of the quorum and percentage vote required for the transaction of business of any meetings, shall be specified in this Declaration, in the By-Laws of the Association
22. Assessments.
22.1. Creation of the Lien or Personal Obligation for Assessments.
Each lot owner, by acceptance of a deed or other conveyance for any lot being a part of the Property, whether or not it shall be so expressed in any deed or other conveyance, shall be deemed to covenant and agreed to pay the Declarant or the Association, as the case may be: (a) Annual assessments and charges and (b) Special abcssments; such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special #sessments, together with such interests thereon on the land, shall be a continuing lien upon the property against which each
aruessment is made and shall also be the personal obligation of the person who is the record owner of the property at the time the avessment fell due.
22.2. Purpose of Assessment.
The assessments levied under this Section 22 shall be used. exclusively for the purpose of promoting the recreation, health, safety and welfare of the members and
particular, for the servicing, improvement, insuring and maintaining the common areas and elements and other facilities related thereto .. evoted to such purposes and related to the use and enjoyment of the Property, and for the maintenance of the landscaped entrance area or #remo (the "Entrance Areas") of the Subdivision, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement and additions thereto, and for the cost of labor, equipment, materials, management
portion of the annual assessments levied by the Association under thim Section 22 as may be necessary for such purposes shall be levoted to promoting the recreation, health, safety and welfare of * members and their tenants and establishing and maintaining reserves for the maintenance, repair, replacement and operation of the common areas and elements and other facilities and the entrance Afea or areas.
" wordierfect Documents\Misc\Jeffrey's WalkProtCovs.wpd
00678
00438
5 72438
22.3. Basis of Annual Assessments.
The annual assessment allocated and charged to each lot owner shall be set annually by the Declarant or the Board of Directors the Association, as the case may be..
22.4. Special Assessments.
Upon the affirmative vote of the holders of fifty-one percen: (51%) or more of the vote of those then entitled to vote of a!! classes of membership of the Association, the Association may levy and collect a specific special assessment so authorized for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction or unexpected repair or replacement of a capital improvement upon the common areas and elements, including any necessary fixtures or personal property related thereto; or for the purpose of increasing the annual assessment by an amount in excess of what is authorized by this Section.
22.5. Equality of Assessment among Residential Units.
No Residential Unit/Lot within the Property shall bear a higher assessment than any other Residential Unit within the Property.
22.6. Date of Commencement of Annual Assessments; Dum Dates.
(a) The Declarant, or the Association's Board of Directory as the case may be, shall send written notice of the annual assessment and the amount of such assessment to every member subject thereto at least ten (10) days in advance of each annual assessment. Unless otherwise provided by the Association's Board of Directors, the entire amount of the annual assessment for each Residential Unit shall become due and payable to the Declarant or Association, as the case may be, on the 15t day of January of each year and shall be paid without further notice; provided however that in the event the Declarant or the Board of Directors shall fail to send written notice of the annual assessment to members at least ten (10) days prior to the annual assessment period the payment for the annual assessment shall not be due until ten (10) days after such notice is given; the failure to notify ten (10) days prior to the annual assessment period shall not however reduce the amount of the assessment due and payable.
The annual assessment shall be established on a calendar year
G:\WordPerfect Documents\Misc\Jeffrey's WalkProtCovs.wpd
0 06439
wris and shall commence as to each member when he or she becomes a let owner.
first annual assessment payable with respect
residential Unit shall be adjusted according to the number of days romaning in the calendar year following the date of purchase of a Residential Unit/Lot.
(b) The Declarant, or the Association as the case may be, whall, upon demand at any time, furnish to any member liable for any erument a certificate in writing signed by an officer of the Nociation setting forth whether said assessment has been paid. A monable charge, as determined by the Board of Directors may be made for the issuance of these certificates. Such certificates shall I ronclusive evidence of payment of any assessment therein stated to have been paid.
22.7. Effective Nonpayment of Assessment: the Personal Obligation; the Lien; Remedies of the Association.
(a) If an assessment is not paid on or before the date when # then such assessment shall become delinquent and shall, together With such interest thereon and the cost of the collection thereof if relatter, thereupon become continuing lien on the delinquent whets' property which shall bind such property in the hands of the then owner, his heirs, designees, personal representatives, #ecesrors and assigns. In addition to the lien rights, the personal ligation of the then owner to pay such assessments shall remain his parsonal obligation and shall also pass to his successors in title. fuch owners shall nevertheless remain as fully obligated as before to Ny to the Association any and all amounts which he was obligated to My immediately preceding the transfer; and such owner and such weewors in title shall be jointly and severally liable with #*pect thereto, notwithstanding any agreement between such owners I successors in title creating any indemnification of the owner or My relationship of principal and surety as between themselves.
(b) If assessment is not paid within thirty (30) days after We due date, such assessment shall bear interest from the date of Who delinquency at the lesser of the highest rate permitted by law or (welve percent (128) per annum, and the Declarant, or the Association *8 the case may be, may bring legal action against the owner ronally obligated to pay the same or foxeclose its lien against wah owner's property in which event, interest, costs and attorney's fam aqual to fifteen percent (158) of the principal amount shall be #Anderer: Documents\Misc\Jeffrey's WalkProtCovs.wpd
00678
00440
D 364*05
added to the amount of such assessment as may then be due. Each owner by acceptance of a deed or other conveyance of his or her property, invests in the Association or its agents the right and power to bring all actions against him or her personally for the collection of such charges as a debt and to foreclose the aforesaid lien in an appropriate proceeding and lower equity. The lien provided for in this Section shall be in favor of the Declarant, or the Association as the case may be, and shall be for the benefit of all other members. The Declarant, or the Association as the case may be, acting on behalf of the other members shall have the power to bid in the owners' property at any foreclosure sale and to acquire, hold, lease, mortgage and convey the same. No member may waive or otherwise escape liability for the assessment provided for herein by nonuse of the common areas and elements and facilities. The Declarant, or the Association as the case may be, shall not waive any liens or rights it may have against any member or such member's Residential Unit/Lot without the approval of holders of fifty-one percent (518) or more of the vote of those then entitled to vote all classes of membership.
(c) If the assessment is not paid within thirty (30) days after the due date, the Declarant, or the Association as the case may be, may also suspend the membership rights of the delinquent member, including the right to vote, the right of enjoyment in and to the common areas and elements and facilities and the right to receive and enjoy such servicing and other benefits as may then be provided by the Association. Any such suspension shall not affect such members obligation to pay assessments, due during the period of such [suspension and shall not effect the permanent charge and lien on such members property in favor of the Association.
22.8. Subordination of Charges and Liens to Mortgages.
(a) The liens and permanent charges of all assessments and charges authorized herein (annual, special or otherwise) with respect to any restrictive property is hereby made subordinate to the lien of any first mortgage placed on such property if, but only if, all assessments and charges with respect to such property authorized herein having a due date on or prior to the date of the mortgage as filed of record have been paid. The liens and permanent charges hereby subordinated are only such liens or charges as relate to assessments and charges authorized hereunder having a due date subsequent to the date such mortgage is filed of record and prior the satisfaction, cancellation or foreclosure of such mortgage or the sale or transfer of the mortgage property pursuant to any proceeding in lieu of foreclosure or the sale of transfer of the mortgage
G: \WordPerfect Documents\Misc\Jeffrey's WalkProtCovs.wpd
2678 8 00441 ·441
property pursuant to a sale under power contained in such mortgage.
(b) Such subordination is merely a subordination and shall not relieve the owner of the mortgaged property of his personal obligation to pay all assessments and charges coming due at any time when he is the owner of such property; shall not relieve such property from the liens and permanent charges provided for herein (except to the extent a subordinated lien or permanent charge is extinguished as a result of such subordination as against a mortgagee o: such mortgagee's assignee or transferee by foreclosure or by sale under power); and no sale or transfer of such property to the mortgagee or to any other person pursuant to a decree of foreclosure, or pursuant to any other proceeding in lieu of foreclosure or pursuant to a sale under power, shall relieve any existing or previous owner of such property of any personal obligation or relieve wuch property or the then owner of such property from liability for any assessment or charges authorized hereunder become due after such wale and transfer.
23. Term. The covenants contained in this instrument are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from and after the date this instrument is recorded, after which time such covenants shall automatically extended for successive periods of twenty (20) yrars until the recordation of an instrument of termination within two (2) years of the expiration of the initial twenty (20)-year period or any extension thereof, such instrument having been executed by a minimum of fity-one percent (518) of the record owners of the Subdivision.
24. Enforcement. Enforcement of the covenants contained in this intrument shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, «!ther to restrain violation or to recover damages.
25. Severability. Invalidation of any one of these covenants by Judgment or court order shall in no wise affect any of the other provisions of this instrument which shall remain in full force and
[SIGNATURES FOLLOW ON NEXT PAGE]
¡ lordPerfect Documents\Mise\Jeffrey's WalkProtCovs.wpd
00678
00442 0 054123
IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed under seal, as of the day and year first above written.
WHITE OAK HOMES, INC.
Executed in the presence of: i had temp Wit
Haw Martins
official Witness
Notary Public
Commission Expiration Date: [AFFIX CORP. SEAL]
[NOTARIAL SEAL]
DON
G: \WordPerfect Documents\Misc\Jeffrey's WalkProtCovs.wod
₩678
32443 0 00443
Exhibit "A"
Legal Description
All those lots, tracts or parcels of land, situate, lying and
being in the 224th District, G. M. of Oconee County, Georgia, and
being known and designated as LOT 1, containing 1.639 acres, more
or less, LOI 2, containing 1.616 acres, more or less, LOT 3,
containing 1.370 acres, more or less, LOT 4, containing 1.526
acres, more or less, and LOT 5, containing 1.349 acres, more or
less, all of Jeffrey's Walk Subdivision according to a plat of
survey thereof entitled "Survey For: Jeffrey's Walk," prepared by
Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul,
Georgia Registered Surveyor, dated March 4, 2003, and recorded at
Plat Book 34, page 208, in the Office of the Clerk of Superior
Court of Oconee County, Georgia, which plat and the record
thereof are by reference incorporated herein by this reference.
This being the same property conveyed by warranty Deed dated
August 22, 2002 from Steven F. Shelnutt to James R. Hunter
Construction, Inc. as recorded at Deed Book 613, Page 165, in
said Clerk's Office.