Covenants
DOC# 003514
FILED IN OFFICE 04/30/2007 04:25 BK: 925 PG 92-151 ANGELA WATSON CLERK OF SUPERIOR COURT
OCONEE COUNTY
County of Oconee, State of Georgia
Declaration of Restrictions and Covenants
For Mallard Lakes Subdivision, Oconee County, Georgia
THIS DECLARATION, made on the date hereinafter set forth by Mallard Lakes Property Owners Association (hereinafter sometimes called the Association")
RECITALS
Whereas, the undersigned Association members are owners of real property described in Exhibit "A" attached hereto and incorporated herein by reference, the "Property"; and
Whereas, the property has been previously made subject to Declaration of Covenants for Mallard Lakes Subdivision recorded in Deed Book 500, page 474, et seq., in the Office of the Clerk of the Superior Court of Oconce County, Georgia; and
Whereas, the Association desires to amend said covenants and to subject the real property described in Exhibit "A" to the provisions of this Declaration, and to avail the Association of the Georgia Property Owners' Association Act codified at O.C.G.A. 44-3-220, et seq.; and
Now, Therefore, Mallard Lakes Property Owners Association hereby amends d the Declaration of Covenants for Mallard Lakes Subdivision so recorded in Deed Book 500, page 474, et seq. by deleting said covenants in their entirety and in lieu thereof declaring that the real property described in Exhibit A in this Declaration, including the improvements constructed or to be constructed thereon, hereto be subjected to this Declaration, is hereby subject to the provisions of this Declaration, and the provisions of O.C.G.A. 44-3-220, et seq. and shall be held sold, transferred, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants and restrictions (sometimes referred to herein collectively as "covenants and restrictionsằhereinafter set forth, which are, for the purpose of protecting the value and desirability of, and which shall run with the title to the real property hereby made subject hereto, and shall be binding on all persons having any right, title or interest in all or any portion of the real property now made subject hereto, their respective heirs, legal representatives, successors, successors in title and assigns, and shall inure to the benefit of each and every owner.
Article I
BK:925 PG 93 Definitions
"The Act" shall mean the Georgia Property Owners Association Act, O.C.G.A. 44-3-220, et seq., as the same is or may be hereinafter amended.
"Architectural Control Committee" or "ACC" shall mean and refer to the Architectural Control Committee persons selected by the Board in compliance with the provisions of this Declaration and the By-Laws.
"Association" or "MLPOA" shall mean and refer to the Mallard Lakes Property Owners Association, Inc., a nonprofit Georgia Corporation its successors, and assigns.
"Board of Directors" or "BOD" shall mean the Board of Directors of the Association, the members of which shall be appointed and elected from time to time as provided in this Declaration, the Articles of Incorporation and the By-Laws. The Board of Directors shall be the governing body of the Association.
"By-Laws" shall mean the By-Laws of the Association, as the same may be hereinafter amended.
"Common Area" means all real and personal property submitted to the Declaration which is owned or leased by the Association for common use and enjoyment of the members.
"Community» shall mean and refer to the Property.
"Declaration" means this recordable instrument creating covenants upon property which covenants are administered by a property owners' association in which membership is mandatory for all owners of lots in the community.
"Improvement" shall mean and include improvement, change or modification of the appearance of a lot from the state existing on the date of the conveyance of such lot to a lot owner. "Lot" shall mean any plot of land located within the Community which constitutes a single dwelling site designated on any plat of survey recorded in the Office of the Clerk of Superior Court of Oconee County, Georgia, as well as any building or any portion of any building located thereon which is intended for independent residential use.
"Lot Owner" or "Owner" shall mean and refer to the owner of record, whether one or more persons, of the fee simple title to any Lot located within the Community, excluding however, any person holding such interest merely as security for the performance or satisfaction of any obligation.
"Mortgage" shall mean any mortgage, deed to secure debt, security deed and any and all other similar instruments used for the purpose of conveying or encumbering real property as security for the payment or satisfaction of an obligation.
BK:925 PG:94 "Permanent" shall mean continuing or intended to continue in the same state or without essential change for more than 60 days.
Article II
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to this Declaration is the Property described as the Community in Article I hereof and as more fully described on Exhibit "A".
Article III
POWERS OF THE ASSOCIATION AND BOARD OF DIRECTORS
Section 1. Purpose, Powers and Duties of the Architectural Control Committee.
The purpose of the Architectural Control committee, herein ACC is (a) to recommend to the Board of Directors concerning approval of plans for construction or alteration on any lot; (b) to assure that all external installations, construction or alteration of any structure is submitted to the ACC for approval (1) as to whether the proposed installation, construction or alteration is in conformity and harmony of external design and general quality with the existing standards of the neighborhood and with the standards of the development of the Community; and (2) as to the location and structures with respect to topography, finished ground level and surrounding structures. The ACC members are appointed according to the Bylaws of the Association and serve at the pleasure of the Board.
To the extent necessary to carry out such purpose the ACC shall have all the powers, and duties to do each and everything necessary, suitable, convenient or proper for or in connection with or incidental to the accomplishment of such purposes including, without being limited to, the power and duty to approve or disapprove plans with specifications for any installation, construction or alteration of any structure on any lot.
Section 2. Selection of the Architectural Control Committee.
Upon D&D Development's creation of the MLPOA and the conveying of ownership of the common areas of the Subdivision to the MLPOA, D&D Development terminated its right to appoint members to the ACC. The MLPOA shall appoint members to the ACC upon such terms and conditions as it may choose. To this end, an ACC shall be established consisting of an odd number of three or more members who serve terms as appointed by the Board of Directors.
BK: 925
Section 3, Meetings
The ACC shall hold such meetings as required or allowed for by the Board of Directors and the By-Laws of MLPOA.
Section 4. Action of Members of the Architectural Control Committee
ACC business shall be conducted as a Committee and all decisions shall be made with majority approval. The ACC shall review all requests for changes in new as well as current properties of Mallard Lakes as specified in the Covenants of MLPOA. Written notice of all decisions shall, within fourteen (14) days thereof, be given to any applicant for an approval permit or authorization. The applicant, may after receipt of notice of any decision which he deems to be unsatisfactory, within fourteen (14) days file a written request to have the matter in question reviewed by the ACC. Upon the filing of any request, the matter with respect to which 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 the majority of the members of the ACC with respect to such matter shall be final and binding. However this decision may be appealed to the BOD in the event that an owner believes that the decision is in variance with the Covenants and Restrictions. See "Exhibits B-land B-2. "Application For Modification or Construction". The form of such exhibit may be changed by the ACC in any manner consistent with these covenants.
Article IV
Building Requirements
The following property rights and architectural restrictions shall apply to the property which is initially subjected to this Declaration as well as any portions of that additional property which is hereafter subjected to this Declaration:
Section l. Subdivision of Lot
Each lot must be used for residential purposes only. A lot or any portion thereof may be added to or combined with another lot or portion of another lot so as to form a single residential building lot. This right shall not be construed to grant the right to re-subdivide lots into a greater number of lots. No lot in Mallard Lakes shall be subdivided, or its boundary lines changed except with the prior written approval of the ACC.
Nevertheless, MLPOA recognizes that D and D Development is the owner of property adjacent to this subdivision which may become part of this subdivision. Should the members of MLPOA vote to add lots from this area D and D Development will be given the right to replat any two (2) or more lots in order to create a modified residential lot or lots, and to take such other steps as reasonable may be necessary to make such replatted lot or lots suitable as a building site or sites. All of the covenants and restrictions set forth herein shall apply to each such lot, if any so created. Any such division, boundary change or replatted lot shall not be in violation of the applicable provisions of the Oconee County Unified Development Code.
B%:925 PG:96 Section 2. Approval of Plans
No residence, building, fence, wall, driveway, sidewalk, parking area, tennis court, swimming pool or other structure or improvement of any kind shall be erected, placed, altered, added to, modified or reconstructed on any lot until the plans thereof, and for the proposed location thereof upon the lot, shall have been approved in writing by the ACC.
Before taking any action requiring approval under this Section, a lot owner shall submit to the ACC an "Application For Modification/Construction" (Exhibit B), a construction schedule and two (2) complete sets of plans and an outline of specifications which shows the site plan (site plan shall show driveways, patios, decks, accessory buildings and all other components referenced in the first sentence of this Section), foundation plan, floor plans, landscape plans, and include exterior elevations, exterior materials specification, colors and finishes, exterior lighting and other details affecting the exterior appearances of all proposed structures. Additionally, all brick selection must be approved by the ACC.
No changes or deviations in or from such plans and specifications as approved shall be made without the prior written approval by the ACC. No alteration in the exterior appearance of any building, structure or other improvement shall be made without like approval by the ACC. The ACC shall act in accordance with Article III, Section 4 upon receipt of such information to approve or disapprove the plan(s). The copies of the plans will be signed by the members of the ACC in a space where approval or disapproval is designated. One copy will be given to the party requesting the change; the second copy will be filed in the permanent files of the MLPOA. Neither the ACC, nor any person or party to whom the ACC assigns such function, shall be responsible or liable in anyway for the performance of any builder or for any defects of any plans or specifications that have been approved in accordance with the forgoing, nor for any structural defects in any work done according to such plans and specifications.
The ACC may refuse approval of plans, sitings, or specifications upon any ground, including purely aesthetic considerations, which in its sole discretion it shall deem sufficient. Approval of any one series of improvements hereunder shall not waive the rights of the ACC to disapprove subsequent improvements to the same lot.
Section 3. Building Location
The ACC reserves the right to control site and location of any proposed home, dwelling, building, or other structure or improvement upon all lots. Such location shall be determined, however, only after reasonable opportunity is afforded the lot owner to request a specific site. No improvements shall be placed or erected within any such building setback area required by the ACC.
BK:925 PG:97 Section 4. Garages
All homes shall have garages for two or more cars. Garage doors will be required to open to the side or rear of the lot and the interior walls of the garage must be finished.
Section 5. Attachment of Utilities
No permanent utility connections shall be made to any dwelling or other structure by any utility, public or private, until the ACC has verified general compliance with these covenants and restrictions and with the plans and specifications therefore, submitted pursuant to Section 2 above, and has approved said utility connections in writing. Each lot, parcel of land, residence, building or other structure on said property, when required to be served by a utility, must be served by a water system or other utility approved by the ACC.
Section 6. Other Building Requirements
The requirements set forth below are in no way to be construed as limiting the exercise of the ACC's discretion pursuant to Sections 2 and 3 above.
(a) All residences in Mallard Lake Subdivision must contain a minimum of 2400 square feet of ground floor heated area. Any structure on a one and one-half or two story plan must contain no less than 1800 square feet on the ground level and a minimum of 2400 square feet of heated area. No residence shall be more than two stories high on the side of such dwelling which fronts the street. A corner lot shall be considered to front only the street so designated on the approved plans.
(b) Each residence and other structures shall be constructed only of materials, and in colors, approved in writing by the ACC with the exterior of all sides of a residence being primarily of brick. Owners may request, in writing, to the ACC a waiver of this requirement. The ACC may under reasonable circumstances grant such a request when the resulting appearance of the lot is likely to preserve the over all appearance, scheme, and design of the Community.
(c) Exposed concrete block or poured concrete foundations and site retaining walls must be covered with stone or brick to complement the materials of the main structure.
(d) Sheet metal and PVC work such as roof caps, flashing, plumbing vents, and chimney caps must be painted to match the roof colors. Gutters and downspouts must be painted approved colors.
(e) Roof stacks and plumbing vents must be placed on the rear slopes of roofs. Exterior antennas for television, radio or any type of transmission shall be placed at the rear of the residence or behind the chimney so as to be out of the sight line from the street. Any equipment that interferes with normal television or radio reception may not be used in the subdivision.
B:925 PG:98
approved by the ACC. Stamped concrete or brick paving should be used at the entrances to drive ways. Vehicular pathways for any lot/residence shall be only on paved surfaces. Any variations must be approved by the ACC.
(g) The type, color, and location of any mailbox or structure used to receive mail or papers must be approved in writing by the ACC and shall be consistent with the rest of the neighborhood. Property identification markers must be approved by the ACC prior to installation and shall be consistent with the rest of the neighborhood.
(h) Fences and walls shall conform architecturally to the principle dwelling on any lot. Fences shall be located only in an area in the rear of a residence, and shall be approved in writing by the ACC. Fencing that faces the street may not be chain link. Fencing not facing the street The finished side of the fence must face the side exposed to the public. Lot owners may not place any fencing further toward the street than the rear edge of the home facing the street.
Any fence may not be more than six [6] feet in height, however the owner of any lot may request a waiver of this requirement [see tennis courts, etc.]. The ACC may, under reasonable circumstances, grant such a request where the resulting appearance of the lot is likely to preserve the overall appearance, scheme, and design of the community. No fence may be used as drying rack or for hanging storage items.
(i) All swimming pools must fit naturally into the topography of the proposed lot and located to provide minimal visual impact to surrounding properties and streets. All pool equipment, including but not limited to, pumps and filters must be sited where it will not cause a nuisance to neighbors and must be screened from view. A fence a maximum of six [6] feet, a minimum of four [4] feet and capable of being locked shall surround all pools. No above ground type pools are permissible.
(i) Exterior hot tubs must be screened from adjacent properties and streets. All pump, filter, etc. equipment must be sited where it will not cause a nuisance to neighbors and must be screened from view.
(k) No above-ground tanks will be permitted for the storage of fuel, water or for any other use. Small propane gas tanks (150 gallons or less) are the exception, provided that they are shrouded from view of the street or neighboring lots.
(I) Tennis courts, or other types of recreational courts, will be permitted only where they fit naturally onto the topography of the proposed Lot and located to provide minimal visual impact to surrounding properties. Chain link fencing for tennis courts must have a black or green vinyl coating. Court lights may not be used after ten [10] p.m. Sundays through Thursdays and after eleven [11] p.m. Fridays and Saturdays.
(m) All external free-standing lighting shall be a low-level, non-glare and located to cause minimum visual impact to adjacent properties and streets.
BK:925 PG:99 (n) Landscaping shall relate to the existing terrain and natural features of the Lot, utilizing plant materials compatible with the neighborhood. The amount and character of the landscaping shall conform to the precedent set in the subdivision. Lawns adjacent to curbing must be edged. Commercial and other edging, if used, should be flush with the ground. Homeowners shall avoid placing or blowing grass clippings or leaves onto roadways or drainage areas (see Oconee County Ordinances). The recommended mulch material for landscape beds is pine straw, chopped pine bark mulch or similar natural materials.
(o) No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the road-ways 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 twenty-five {25} feet from the 8 intersection of the street property lines. No tree shall be permitted to remain within such distances of such intersections unless the foliage is maintained at sufficient height to prevent obstruction of sight lines.
(p) The owner of a lot assumes the responsibility for the maintenance of that lot and must maintain same in a neat, orderly and clean state. It shall be the responsibility of each lot owner to prevent the development of any unclean, unsightly, or unkempt condition to buildings or grounds on their lot or lots.
(q) Front yards must be sodded with an improved variety of grass. Bermuda strains or Zoysia grasses are preferred. Side and rear yards may be sodded, seeded, or treated naturally; however, all lots must have a neat appearance. A natural appearance such as pine straw is permitted. However, overgrowth and/or weeds should not be viewed from the street or neighboring lots.
(r) The ACC must approve all plans for accessory structures prior to installation or construction. All accessory structures must be architecturally similar to the main structure. No accessory building may be used as a residence.
(s) The ACC must approve all permanent outside yard decorations or "art". (t) Removal of established trees or shrubs within 15 feet of the rear or side property lines shall be approved by the ACC. Trees that are obviously dead must be removed so as not to infect other trees or to endanger property or persons within the community.
Section 7. Waivers
An owner may request in writing to the ACC a waiver of a requirement. The ACC may under reasonable circumstances grant such a request when the resulting appearance of the lot is likely to preserve the overall appearance, scheme, and design of the Community.
BK:925 PG:100 Article V
USE RESTRICTIONS
(a) All lots shall be used exclusively for single-family residential purposes. This is not meant to exclude an occupation or profession customarily conducted only by an occupant of a dwelling unit as a secondary use which is clearly incidental to the dwelling unit for residential purposes and is carried on wholly within the principal building or within a building accessory thereto and does not change the basic character of the residence. (See Oconee County Ordinances)
(b) Only owners of record and their families may reside in the home. Only the owners] of record and their immediate family may be residents of the home. A home or any part there of may not be rented/leased, loaned, or traded for residency or storage purposes by a second party. In the event owner[s] must be absent from any residence for an extended, specifically defined period of time and the owner[s] wish to involve a house sitter, approval must be approved by the ACC. The period of time sought for approval of using a house sitter will be not longer then six [6] months.
(c) No camper, recreational vehicle, trailer, tent, boat, water craft or ATV shall be routinely kept in view of neighbors or the street. A camper may be kept in view for forty (48) hours on a lot, after which, they will be considered a nuisance and must be removed from the Community. When present, these facilities may not be used for residential purposes. The ACC may be petitioned for additional days for these vehicles to be on the Lot.
(d) If the owner of any lot has a number of vehicles which exceeds the garage capacity, the overflow of vehicles must be parked on a paved parking areas within the lot. No automobiles or motor driven vehicles may be left upon any lot for a period longer than five [5] days in a condition such that it is incapable of being operated upon the public roadways. After such five [5] day period, such vehicle shall be considered a nuisance and detrimental to the welfare of the Community and must be removed from the Community.
(e) No established rubbish, trash or waste piles are permitted. Dumping is not allowed. Garbage containers must be generally hidden from sight and are not permitted to remain in the front of any lot for more than one day per week. Wood and compost piles must be screened from the view of the street and neighboring lots.
(f) Commercial vehicles, equipment or machinery shall not be parked within view of the neighborhood except when being used for a project within the community. (See Oconee County Ordinances)
(g) No vehicle or equipment shall be parked on the streets overnight.
(h) There shall be no signs of any kind on any lot, except one professional sign of not more than one square foot or one sign of not more than five square feet advertising the property for sale. Signs are not permitted on the common areas. Large flag poles shall be approved by
BK:925 PG:101 (1) No animals, livestock or poultry of any kind may be raised, bred, kept or permitted on any lot, with the exception of dogs, cats or other usual and common household pets in reasonable number, provided the said pets are not kept, bred or maintained for any commercial purpose, are not permitted to roam free, and do not endanger the health, make objectionable noise or constitute a nuisance or inconvenience to the owners of other lots.
(i) Play equipment larger than 10'x 10'x 10' must be approved by the ACC. No treehouses or play structures shall be placed in the front yard. Where possible these items should be placed so that they are not visible from the street. No more than twenty [20] percent of the backyard space may be devoted to play structures. A reasonable effort should be made to keep all play areas neat and orderly.
Basketball goals or similar structures needing paved surfaces for play may be placed on or next to driveways but not closer to the street than the front edge of the home.
(k) A noxious offensive activity is defined as any activity which diminishes quality of life or property value. It shall be the responsibility of each lot owner to prevent the development of any unclean, unhealthy, or unkempt condition of buildings or grounds on his or her lot or lots. No lot shall be used, in whole or in part, for the storage of any property or thing that will cause a lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any lot that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quite, safety, comfort or serenity of the Community. No noxious or offensive activity shall be carried on upon any lot, nor shall anything to be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any property adjacent to the lot. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of property in the neighborhood by the owners thereof.
(I) No clothesline, drying racks, fences or other devices used for drying clothes shall be constructed or maintained on any lot.
Article VI
VIOLATION AND FEES
Section 1 Violation.
Any resident of MLHOA may note a violation of the covenants. The report shall be submitted to the BOD or Property Management Company in a written form specifying the covenant violation. The BOD or the company managing the subdivision may make inspections in which covenant violations are cited. The company should report the violation to the BOD in writing. If the Board confirms that a lot owner is believed to be violation it shall request that the management company send a written notice detailing the violation to the lot owner. The lot owner shall have fourteen [14] days to respond, correct or appeal the violation to the Board. Should the lot owner
BK:925 PG:102 fail to respond to the Board, written notice of the intent to hold the lot owner in violation shall be submitted to the lot owner (See Exhibit C). Exhibit C may be modified by the BOD in a manner consistent with these covenants.
Section 2 Fees.
The Association shall have the power to assess reasonable fees, not to exceed twenty-five ($25) dollars per day and per offense in order to assure compliance with the covenants. Any expense incurred by the Association in their enforcement of the covenants shall be paid by the violating owner and may become a lien against the owner's lot.
Article VII
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership.
Every Owner of a Lot in the Community 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. Section 2 Amplification.
The provisions of this Article are to be amplified by the Articles of Incorporation and By-Laws of the Association provided, however, that 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 inconsistencies among this Declaration, the Articles of Incorporation or the ByLaws of the Association, this Declaration and the Articles of Incorporation (in that order) shall prevail.
Article VIII
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 the Community and shall be governed by the following provisions:
Section 1. 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:
BK:925 PG:103 (a) management fee, if any, and expenses of administration of the Association; (b) expenses of performing the maintenance and any necessary restoration of roadway landscaping, and landscaping on traffic islands;
(c) utility bills and charges for other common services including but not limited to water and power;
(d) premiums for all insurance policies maintained by the Association;
(e) expenses of performing the maintenance, repair, renovation, restoration and replacement work which is the responsibility of the Association hereunder;
(f) such other costs and expenses as may be determined from time to time by the Board of Directors to be common expenses; and
(g) creation and maintenance of such reserve funds as are required to be maintained by the Association under Article VIII herein, and such other reserve funds as the Board of Directors shall determine, including but not limited to a reserve for repairs and maintenance.
Section 2. 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 herein, the Association may enforce such liability by an action at law to recover all amounts assessed against each Lot Owner in accordance with the provisions of this Declaration.
Section 3. Creation of the Lien and Personal Obligation for Assessment
Each owner of any Lot by acceptance of 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. Section 4. Uniform Rate of Assessment
All annual assessments shall be fixed at a uniform rate for all Lots except as follows:
(a) Any common expenses benefiting less than all of the Lots, may be specially assessed equitably among all of the Lots so benefited, as determined by the Board,
(b) Any common expenses occasioned by the conduct of less than all of those entitled to occupy all of the Lots or by the invitees of any such Lot or Lots may be specially assessed against the Lot or Lots, the conduct of any occupant or invitee of which occasioned any such common expenses.
BK:925 PG:104
Nothing contained herein shall permit the Association to specially or disproportionately allocate common expenses for periodic maintenance, repair and replacement of any portion of the common area or the Lots which the Association has the obligation to maintain, repair, or replace.
Section 5 Budget and Payment Dates
No less than thirty (30) days prior to the commencement of each fiscal year of the Association, the Board of Directors shall adopt a budget for the succeeding fiscal year, which budget shall estimate the amount of common expenses which are anticipated to be incurred during such year, and
(ii) shall make provision for an adequate reserve fund for maintenance, repair and replacement of those portions of the common elements that must be replaced on a periodic basis. Prior to the commencement of such fiscal year, the Board of Directors shall furnish a copy of such budget to each Lot Owner, together with a written statement of the amount of such common expenses which shall be assessed against such Lot Owner for such fiscal year. Unless otherwise determined by the Board of Directors, such assessment shall be due on January 1st of each year. The Board of Directors shall be authorized to prorate the annual assessment into two installments. In addition, any fees, charges, and other amounts payable by any Lot Owner to the Association shall be added to and shall, unless paid at the time the same are incurred or at some other time determined by the Board of Directors, be due and payable as part of the installment of the assessment next coming due.
Section 6 Special Assessments.
If for any reason, including nonpayment of any Lot Owner's assessments, an annual budget adopted by the Board of Directors for any fiscal year proves inadequate to defray the common expenses for such fiscal year, the Board of Directors may, at any time, levy a special assessment to raise the additional funds necessary to defray such common expenses, which special assessment shall be due and payable at such time and in such installments as the Board of Directors shall determine. Additionally, the Board of Directors shall be authorized to levy special assessments under the circumstances described in this Declaration.
Section 7. Special Assessments for Capital Improvements.
In addition to the assessments which shall be levied against the Lot Owners, the Board of Directors shall be authorized, upon the affirmative vote of 67% of the Lot Owners entitled to cast votes, to levy a special assessment for the purpose of defraying, in whole or in part, the costs of any capital improvements to be made upon the common elements. Any such special assessments for the capital improvements and repairs shall be payable at such time and in such installments as the Board of Directors shall determine.
BK:925 PG:105 Section 8 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.
(a) In the event that any Lot Owner shall fail to pay any installment of any assessment levied against him within thirty (30) days after such installment shall be due and payable, and all dues shall be accelerated and due for that year.
(b) In the event that any Lot Owner shall fail to pay any installment of any assessment levied within thirty (30) days, said owner will be liable for a late charge of 10% of any amount due and payable to the Association.
(c) Failure to remit full payment of amounts owed to the Association within sixty (60) days will result
(i) in the filing of a lien against said Property.
(ii) interest in the amount due, and the late charge appertaining thereto, from the date same were due and payable shall accrue at a rate of ten (10%) percent per annum, until paid; and,
(iii) the cost of collection, including court costs, the expenses of sale, any expenses required for the protection and preservation of the Lot, and reasonable attorney's fees actually incurred; and
(iv) in the event the Association shall seek to foreclose its lien on the Lot of such owner; the fair rental value of the Lot from the time of the institution of suit until sale of the unit at foreclosure (or until the judgment rendered in such suit is otherwise).
(d) All sums lawfully assessed by the Association against any Lot Owner whether for the share of the common expenses pertaining to that Lot, or fines shall from the time the sums are due and payable become 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 except:
(i) Liens for ad valorem taxes on the Lot;
(ii) The lien of any first priority mortgage covering the Lot and the lien of any mortgage recorded prior to the recording of this Declaration; or
(iii) The lien of any secondary purchase money mortgage covering the Lot provided that neither the grantee nor any successor grantee of the mortgage is the seller of the
The recording of this Declaration shall constitute record notice of the existence of the lien. No further recordation of any claim of lien for assessment shall be required.
(e) The rights of a Lot Owner to use the common elements 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 access to the Lot owned.
BK:925 PG:106 Article IX
INSURANCE
Insurance (other than title insurance) which shall be obtained by the Association shall be governed by the following provisions:
Section 1 Types of Insurance.
The Association shall obtain and maintain the following insurance policies:
(a) A multi-peril casualty insurance policy covering the common areas, providing as a minimum, fire and extended coverage, vandalism and malicious mischief, on a replacement cost basis in an amount not less than 100% of the full replacement cost of the common areas within the Community. The name of the insured under such casualty insurance policy shall be stated as follows: "Mallard Lakes Property Owners' Association, Inc. for the use and benefit of the individual Lot Owners in Mallard Lakes, Oconee County Georgia". The amount of coverage of such casualty insurance policy shall be readjusted by reappraisal or reevaluation of the insured property, not less frequently than every five years. Such casualty insurance policy shall contain the standard mortgagee clause which shall be endorsed to provide that any proceeds shall be paid to the Association for the use and benefits of mortgagees as their interest may appear.
(b) A comprehensive 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 insurer from denying the claim of a Lot Owner because of the negligent acts of the 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 Lot owners and other persons entitled to occupy any Lot, 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 damage to the property of others.
(c) Such other insurance policies as the Board of Directors shall deem desirable for the benefit of the Association, its Officers and Directors or the Lot Owners.
Section 2 Minimum Qualifications of Insurance Carriers.
Each policy of insurance which the Association is required to maintain under the provisions of this Declaration shall be written by a hazard insurance carrier which has a financial rating by Best's Insurance Reports of Class A: VI or better and which is licensed to transact business within the State of Georgia.
BK: 925 PG:107 Section 3 Minimum Qualifications of Insurance Policies.
All policies of insurance which, the Association is required to maintain under the provisions of this Declaration shall (1) not allow contributions or assessments to be made against the owner of any Lot, or holder of any mortgage upon any Lot, (2) not allow loss payments to be contingent upon any action by the insurance carrier's board of directors, policyholders, or members, (3) not include any limiting clauses (other than insurance conditions) which could prevent any Lot Owner or the holder of any mortgage upon any Lot from collecting insurance proceeds, (4) contain or have attached a clause which provides that the insurance carrier shall notify in writing all holders of first lien mortgages on any of the Lots at least ten (10) days in advance of the effective date of any reduction in, cancellation, or non-renewal of such policies.
In no event shall any recovery or payment under the insurance coverage obtained and maintained by the Association be affected or diminished by insurance purchased by individual Lot owners or mortgagees and no Lot Owner shall be entitled to exercise his right to maintain any additional insurance coverage in such a way as to decrease the amount which it may have in force on the Property at any particular time.
Section 4 Proceeds on Account of Damage to Common Elements.
Insurance proceeds which shall be paid on account of damages to or destruction of any portion of the common elements shall be held by the Association in a construction fund, which shall be used for the purpose of repair, reconstruction or rebuilding the portion of such common elements so damaged or destroyed, as provided in this Declaration. If it shall be determined in accordance with the provisions of this Declaration not to repair, reconstruct or rebuild the portion of the common elements so damaged or destroyed, then the insurance proceeds paid on account of the occurrence of such damage or destruction to such portion of common areas shall first be used to clean up and landscape the common area as necessary in view of the fact that such part of the common elements is not to be repaired, reconstructed or rebuilt, and the remaining insurance proceeds shall be disbursed to the Lot Owners proportionately, such disbursement to be made payable jointly to the Lot owners and their mortgagees. Notwithstanding anything contained in this Declaration, the Articles of Incorporation, the By-laws, or the Act which may be construed to the contrary in no event shall any insurance proceeds paid to the Association on account of the occurrence of any casualty be deemed to be common profits.
Article X
DAMAGE TO OR DESTRUCTION OF COMMON ELEMENTS
Repair, reconstruction or rebuilding of the common elements following damage or destruction to all or any portion of the common elements shall be governed by the following provisions:
BK:925 PG:108 Section 1 Estimates of the cost of repair
As soon as practicable following the occurrence of any damage to, or destruction of any portion of the common areas, the Board of Directors shall obtain reliable and detailed estimates of the cost of repairing and restoring such portion of the common area so damaged or destroyed to substantially the same condition as such portion of the common elements were in prior to the occurrence of such damage and destruction and shall proceed with the filing and adjustment of all claims arising under insurance maintained by the Association as a result of such damage or destruction.
Section 2 Determination to Repair, Reconstruct, or Rebuild
Any damage to, or destruction of the common elements will be repaired, reconstructed, or rebuilt unless the owners of the Lots to which sixty seven (67%) percent of the votes in the Association are allocated shall determine within 45 days after the occurrence of the casualty not to repair, reconstruct or rebuild the same. Notwithstanding the forgoing, any damages to the stormwater management or drainage facilities serving the community shall be repaired. Section 3. Manner of Repair, Reconstruction, or Rebuilding.
All repairs, reconstruction, or rebuilding to be made as a result of damage by casualty shall be made in accordance with the following provisions:
(a) The damage shall be repaired, reconstructed, or rebuilt substantially in accordance with the plans and specifications for such damaged property prior to the occurrence of such damage;
(b) All of the work of repairing, reconstruction, or rebuilding any portion of the common areas, the damage to or destruction of which cause the payments of insurance benefits under insurance policies maintained by the Association, shall be performed under the supervision of the Board of Directors which, in discharging such supervisory responsibility, shall be authorized to employ such building supervisors and architects as the Board of Directors shall deem to be in the best interest of the Association.
Section 4 Cost of Repairs, Reconstruction, or Rebuilding.
The cost of repairing, reconstructing, or rebuilding any portion of the common elements which shall be damaged or destroyed shall be paid with any insurance proceeds which shall be paid to the Association on account of such damage or destruction. If such insurance proceeds are not sufficient to defray such cost of repair, reconstruction, or rebuilding, then the Board of Directors may levy a special assessment against all of the Lot Owners and Lots to raise the excess funds necessary to defray such cost.
BK:925 PG:109Ś Article XI
General Provisions
Section 1. Enforcement.
The Architectural. Control Committee, the Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservation, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any person to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Modifications erected in violation of existing or future covenants may not be replaced with like items. Should such structures be significantly deteriorated, damaged or destroyed, plans for any replacement structure must comply with the existing covenants and be approved by the ACC. Section 2. Duration.
The Provision of this Declaration shall run with and bind the land and shall be and remain in effect perpetually to the extent permitted by law. Provided, however, so long as Georgia law limits the period during which covenants restricting lands to certain uses may run, any provisions of this Declaration affected thereby shall run and bind the land so long as permitted by such law and such provisions may be renewed or extended in whole or part beyond the initial period permitted by law for successive periods not to exceed the period permitted by such law provided such renewal or extension is approved by at least sixty seven (67%) percent of the Lot Owners. Every Purchaser or grantee of any interest in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefore, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section.
Section 3. Rights of Mortgagees.
In addition to the rights elsewhere provided, each mortgagee of a Lot or purchaser or insurer of a mortgage on any Lot subject to this Declaration, including Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, the Veterans Administration and the Federal Housing Administration shall:
(a) be entitled to written notice from the Association of any default by an owner in the performance of his obligations under the Declaration which is not cured;
(b) be entitled to attend and observe all meetings of The Association, but not meeting of the Association's Board of Directors;
(c) be entitled to copies of annual financial reports made to the owners;
BK:925 PG:110 (d) be entitled to inspect current copies of the Declaration, Articles of Incorporation, ByLaws, Rules and Regulation, books, records and financial statements of the Association during normal business hours;
(e) be entitled to written notice from the Association of any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association;
(f) be entitled to written notice from the Association of any condemnation or casualty loss that affects a material portion of the Community, or the Lot securing its mortgage and
(g) be entitled to timely written notice of any proposed action which would require the consent of a specified percentage of the mortgagees; provided, however, that such mortgagee or purchaser or insurer of such mortgage shall first file with the Association a written request that such notices be sent to a named agent or representative of the mortgagee at an address stated in such notice.
Section 4. Amendment.
This Declaration may be amended unilaterally from time to time by the Association:
(a) 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;
(b) of such amendment is necessary to satisfy requirements of an institutional or governmental lender or reputable purchaser of mortgage loans, including for example the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation who have interests in Lots within the Community as of the date that this Declaration is filed.
All amendments other than those specified herein above shall be adopted as follows:
(a) At least sixty seven (67%) percent of the Lot Owners shall be necessary to amend this Declaration. Not withstanding anything to the contrary herein, it is expressly provided that any amendment which adversely affects the title to any Lot must be approved by the Owner of such Lot in writing.
(b) The proposed amendment may be proposed by Lot Owners or representatives of the Association. The Association may call a meeting of the Lot Owners to consider such an amendment and shall call such a meeting upon a petition signed by at least twenty five (25%) percent of the Lot Owners. If a meeting of the Lot Owners is called to consider such an amendment, the time within which and the manner by which notice of such meeting shall be given, the authorized use of proxies, and the quorum required for the transaction of business as such meeting shall correspond to the requirements as established in the MLPOA By-Laws.
(c) The consent of the Lot Owners required to approve said amendments shall be obtained by written consent. A meeting of the Lot Owners shall not be required in the event that the requisite approval of the Lot Owners is obtained by written consent.
BK:925 PG:111 No amendment to the provisions of this Declaration shall alter, modify, change or rescind any right, title, interest or privilege herein granted or accorded to the holder of any mortgage affecting any Lot unless such holder shall consent thereto in writing. The written consent thereto of any mortgage holder affected thereby shall be filed with such amendment. Every purchaser or grantee of any interest in any real property now or hereafter subject to this Declaration, by acceptance of a deed or other conveyance therefore, thereby agrees that this Declaration may be amended as provided in this Section. No amendment shall become effective until filed with the Clerk of the Superior Court of Oconee County, Georgia.
Section 5. Interpretation.
In all cases, the provisions set forth or provided for in this Declaration shall be construed together and given that interpretation or construction which will best effect the intent of the general plan of the Community. The provisions hereof shall be liberally interpreted and, if necessary, they shall be so extended or enlarged by implication as to make them fully effective.
Section 6. Gender and Grammar.
The singular, whenever used herein, shall be construed to mean the plural when applicable, and the use of the masculine pronoun shall include the neuter and feminine.
Section 7. Severability.
Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable.
Section 8. Captions.
The captions of each Article and Section hereof as to the contents of each Article and Section are inserted only for convenience and are in no way to be construed as defining, limiting, extending or otherwise modifying or adding to the particular Article of Section to which they refer.
Plat Of Mallard Lakes Subdivision Exhibit A
BK:925 PG:112
OCC:
DAIE AFF-ROVED MARSH
NUMBER DIREC
1194e N 22 i39'42 184.00 85 INTERMITTAN 20.5- - ACRE 85
COMMON ARE 3.54 151 20
$ 08 N 08 120.20 00ẠiE N 05° FLOODLINE NOTEEVEL EL I5 171600
100-YR 49.93 $ 055.400E
BLOCK FLOODLINE MAP PANEL BARBARA N. N
(FEMA 130453 0020 C) P.B. 17, p.
ZONED A-1 26.77 AC LO! 2.27 20.00// 9K CORNER LOCATIONS
SEVENT IN LAKE AS PER
P.B. 24. p REFERENCE PLAT LOT 216 1:47:49 ..59 AC
N55'52'4g" • S 89"5 N 61"21,10"E 3.03 • 20 BLOCK
NOTE:
LOTS HAVE FROM AVE AND
CASEMENT 0651'25łł
·2301 70 BARBARA, N. • 88: 18" i ZONED A-
REBAR
00°SiT9 LOT 11815 BLOCK
598:48*
2.91 AC 11218
1.67 AC
421:97: 063397 W 40
1.50 C • 230.69'
S. 5359 1šŘ MALLARD CIRCLE
"53". § RAW
1901871 80153118W
MALLARO CIRCLE 160"
LOT 5
Mut BLOC
125 40. 2. 97 AC ·882
101655 RIGHT-OF-WAY BRANCH ROAD
BLOCK
ROCKY
SUR
SUL
21 revised 1/30/2007
BK:925 PG:113
Exhibit B-1 MALLARD LAKES
PROPERTY OWNERS ASSOCIATION, INC.
INSTRUCTIONS FOR REQUEST FOR MODIFICATION
Please read the instructions on this page carefully before completing the application.
The Mallard Lakes Property Owners Association Architectural Control Committee (ACC) requests that all required documentation be submitted at one time. Any application received that does not contain all required documentation will be returned to the homeowner unprocessed.
1.) Please PRINT legibly in BLACK ink.
2. Give the complete homeowner name.
3.) Give the complete address of the home for which modifications are being requested. Please make note if the owner's mailing address is different from the home address where the modifications are being requesteo.
4.) Complete the entire application, sign and date form
5.) For minor modifications, submit a site plan, to scale, showing exact location of modification being requested in relation to property lines. A drawing, product brochure or description of the planned addition.
6. For moderale or major modifications, please enclose two copies of the following with your request: a. A site plan, to scale, showing exact location of modification being requested in relation to the property lines. Please show exact location of modification(s) being requested in relation to your property lines. Existing fences, decks, walkways, driveways, etc. should also be indicated. b. A brief description of the modification, drawings, exterior elevations, floor plan, detail of materials to be used, pictures, catalog pages, brochures or color samples must be included.
7.) It is recommended that homeowner check with the City/County Building & Inspections Department to oblain necessary permits and building code information.
8. Important: Mail application form and any and all documentation to:
MALLARD LAKES PROPERTY OWNERS ASSOCIATION, INC.
825 BAXTER STREET
ATHENS, GEORGIA 30605
NOTE: ANY MODIFICATION REQUEST SUBMITTED THAT DOES NOT INCLUDE ALL REQUIRED
DOCUMENTATION WILL BE RETURNED TO THE HOWMEOWNER UNPROCESSED.
825 Baxter Street
Athens, GA 30605
BK: 925 PG: 114
Exhibit B-2 MALLARD LAKES
PROPERTYOWNERS ASSOCIATION, INC.
APPLICATION FOR MODIFICATION
Please read all instructions on this form before completing the application.
Date: Homeowner's name:
Address: Lot#:
Home Phone: Work Phone:
Estimated Start Date: Estimated Completion Date:
DO NOT PROCEED WITH YOUR MODIFICATION UNTIL THE ARCHITECTURAL CONTROL COMMITTEE GIVES APPROVAL.
TYPE OF MODIFICATION BEING REQUESTED
MINOR
•Arbor •Paint (color sample required) •Play Equipment over 10x10x10
• Statuary •Satellite Dish DOther
For minor modifications, please see #5 under Instructions for Request for Modification.
MODERATE
• Deck/ Screened Porch DRetaining Wall •Gazebo
• Retaining Wall •Fence DOther
MAJOR
• Room Addition /Major Building Alterations •in Ground Pool
• Initial Landscaping/Major alterations LOther
For moderate or major modifications, please see #6 under Instructions for Request for Modification.
NOTE: A site plan, to scale, MUST be submitted for ALL modification requests, except for request to change color of paint, however paint sample must be provided.
Permission is hereby granted for members of the ACC or its representatives after reasonable request to visit the property to make reasonable observations and inspections of the modification request and completed project.
I have discussed this modification with my neighbors who will be directly impacted by the proposed modification.
Homeowner's Signature: _ Date: _
PLEASE ALLOW APPROXIMATELY FOURTEEN (14) DAYS FOR A MODIFICATION REVIEW
MALLARD LAKES PROPERTY OWNERS ASSOCIATION, INC.
Received: _ Reviewed: Complete Review:
Approved By:
(signature) (signature) (Signature)
Dehied By:
(signature) (signature) (signature)
Reason Denied:
Mallard Lakes Property Owners Association, Inc.
825 Baxter Street
Athens, GA 30605
MLPOA Complaint Due-Process Flow
EXHIBIT C Complaint BK: 925 PG:115
Submitted to BOD
By Management
Verification of violation, if possible Refer to Architectural Control Committee for
Determination
Letter to Owner
advising of violation No violation
Time Period To Correct Violation corrected
(BOD & Owner (written notice
Agreement) from Owner)
Violation Verification by
Continues BOD / ACC
Notice of Hearing No violation
14 days (minimum)
Hearing
(BOD/ACC/Owner)
Refer for Legai
Action Monetary Charge Suspended Services No violation
SIGNATURES ON FOLLOWING PAGE
24 revised 1/30/2007