Covenants
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After recording, return to:
Donald W. Hansford, PC 05 JAN 31 PM 1:58
P O Box 1376 1: 784-282295 building sh Watkinsville, GA 30677 single-fam use and bo DATE permitted c
2. A on any Lot has been ap quality of w location wit DECLARATION OF PROTECTIVE COVENANTS placed or a similarly ap FOR
3.D PEMBROOK ESTATES that all dwe ground floo less than Tw THIS DECLARATION OF PROTECTIVE COVENANTS FOR PEMBROOK ESTATES, iS Hundred (2
Oconee Cou
ESTATES (hereinafter referred to as the 4. Bu recorded in Plat Book Stage risker parache county, Georgia serivister or nearer to t referred to as the "Plat"), of this coven that this shal WITNESSETH Lot.
WHEREAS, Declarant is the owner of the Subdivision, the Subdivision being a subdivision of 5. Eas all of those certain lots, tracts or parcels of land lying and being in the 225™H District, G. M. of Oconee reserved as s County, Georgia and being more particularly described on the above-referenced plat of survey, same utility easemo being incorporated herein and made a part hereof by this reference; and shown on the
(i) sign and WHEREAS, it is to the interest, benefit and advantage of Declarant and each and every person management who shall hereafter purchase any lot in the Subdivision (hereinafter collectively referred to in the along each si singular as a "Lot" and in the plural as "Lots") that certain protective covenants governing and perimeter of s regulating the use and occupancy of the Subdivision be established, set forth and declared to be
covenants running with the land. 6. Nui anything be d‹ NOW, THEREFORE, for and in consideration of the premises and of the benefits to be derived neighborhood by Declarant and each and every subsequent owner of any of the Lots, Declarant does hereby set up, 7. Tem establish, promulgate and declare the following protective covenants to apply to all of the Lots and to tent, shack, ga all persons owning the Lots, or any of them, hereafter. These protective covenants shall be binding on temporarily o1 all persons 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. 8. Fen G: \WordPerfect Documents\Re\2877Pembrook.wpd G: \WordPerf
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1. Land Use and Building Type. No Lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any Lot 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. Slab-on-grade type residential home construction shall not be permitted on any Lot.
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 17 below, as to quality of workmanship and materials, harmony of external design with existing structures and as 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 17 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 Twenty Four Hundred (2400) square feet for one-story dwellings nor less than Twenty Six Hundred (2600) square feet for two-story dwellings. All dwellings must be erccted in conformity with Oconee County regulations concerning minimum standards.
4. Building Location. No building shall be located on any Lot nearer to the front line of the Lot or nearer to the side lines than the minimum building set-back lines shown on the Plat. 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 encroach upon another Lot.
5. Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. Drainage flow shall not be obstructed nor diverted from drainage or utility easements as designated above or on the recorded Plat. Easements for other matters shall be as shown on the Plat and shall be recognized and preserved by all Lot owners. Such easements include: (i) sign and landscape easement at entrance, (ii) various drainage easements and storm water management areas, (iii) any slope maintenance and grading easements, (iv) 25 foot state waters buffers along each side of creeks and branches, and (v) 40 foot undisturbed Greenspace Easements along perimeter of Subdivision.
6. Nuisances. No noxious or offensive activities shall be carried on or upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the Subdivision neighborhood.
7. Temporary Structures. No structure of a temporary character, trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence, either temporarily or permanently.
8. Fences. All fencing and walls must be approved by the Architectural Control Committee
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prior to installation.
Subdiviston s 9. Clothes Lines and Tanks. No clotheslines, drying racks or fences used for drying clothes on the deed re shall be constructed or permitted on any lot. No exposed above ground tanks shall be permitted for the Lot. storage of fuel, water or any other use.
17. Ar 10. Signs. No sign of any kind shall be displayed to the public view on any Lot except for one of the Memb (1) sign of not more than four (4) square feet advertising such Lot for sale or rent or signs used by a Committee m builder to advertise the Lot during the construction and sales period or to advertise an established model member of th home. designate a su representative 11. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, The approval o quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, be in writing. tanks, tunnels, mineral excavations or shafts be permitted upon any Lot. No derrick or other structure to approve oi designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. specifications shall be deeme 12. Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or been made. F kept on any Lot, except that dogs, cats or other household pets may be kept, provided that they are not Committee to kept, bred or maintained for any commercial purposes. plans and spe
Architectural ( 13. Garbage and Refuge Disposal. No Lot shall be used or maintained as a dumping ground for Watkinsville, rubbish. Trash, garbage or other waste 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 18. Ins sanitary condition. management o herein the Boa to and shall ob 14. Sewerage Disposal. No individual sewerage-disposal system shall be permitted on any Lot detention facili unless such system is designed, located and constructed in accordance with the requirements, standards vandalism, and and recommendations of the Georgia Department of Public Health. Approval of such systems as repair or recon installed shall be obtained from the appropriate governmental authorities. obtain a multifacilities and all 15. Common Area Maintenance. Any common areas and elements shall be maintained by the insurance cover Declarant, or the Association once Declarant relinquishes control as provided herein, and all costs for be written by a‹ maintenance, repair, improvement, and insurance shall be lien assessable against the Lot Owners as the benefit of th provided for herein.
19. Hon 16. Storm Water Detention Facility and Drainage Easements. In addition to any other common
elements associated with Property, all stormwater detention facilities and their related easements as
shown on the Plat shall be common elements to be collectively maintained by each and every Lot
owner in the Subdivision at their common expense. These elements shall be maintained by the The De Association and all costs for maintenance, repair, improvement, and insurance shall be lien assessable formed and inc to the same extent as for other common element expenses as provided for herein. In the event that an to manage the Association is not formed, or once formed is abandoned, nevertheless, each Lot owner shall be and these covenant: remain responsible and liable for an undivided 1/41th prorata share of the actual costs associated with
the care, maintenance, repair or replacement of all stormwater detention facilities. In the event of a Lot
owner's failure to so pay its prorata share of such expense(s), any other Lot owner within the
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Subdivision shall have the right to enforce the payment for such expense and to place a lien of record on the deed records of Oconee County, Georgia against the noncomplying Lot owner and such owner's Lot.
17. Architectural Control Committee. The Architectural Control Committee shall be composed of the Members of MCREE MILL PARTNERS, LLC. The 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 such request in writing and transmitted same to Architectural Control Committee via certified mail, return receipt requested to Post Office Box 741, Watkinsville, Georgia 30677, or such other address as the Committee may designate.
18. Insurance. The Declarant, and after the Declarant has relinquished control of the management of the Subdivision and the within restrictions to the Homeowners' Association as provided herein the Board of Directors of the Association or its duly authorized agent, 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 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 and 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.
19. Homeowner's Association.
19.1 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 o manage the common areas and elements, storm water detention facilities, and otherwise enforce these covenants.
19.2 Membership.
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Every person who is an Owner of a Lot shall be a member of the Association; provided, supervision thereof. Such p er, that any Person who owns such interest merely as security for the performance of an Section 20 as may be necessa tion shall not be a member of the Association. safety and welfare of the me maintenance, repair, replacer 19.3 Classes of Membership; Voting Rights. and the entrance area or area The Association shall have one class of membership. 20.3. Basis of
19.4. Suspension of Membership Rights. The annual assessme
Declarant or the Board of Di The membership rights of any member, including the right to vote, may be suspended by the
iation's Board of Directors pursuant to authority granted in the Association's By-Laws, as 20.4. Special led from time to time. Any such suspension shall not affect such members' obligations to pay
ments past due or coming due during the period of suspension and shall not affect the permanent Upon the affirmative › and lien on the members' property in favor of the Association. then entitled to vote of all cl collect a specific special asse 19.5. Meetings of the Membership. cost of any construction or rec upon the common areas and All matters concerning meetings of members of the Association, including the time in which thereto; or for the purpose o e manner in which notice of any of said meetings shall be given to members of the quorum and authorized by this Section. tage vote required for the transaction of business of any meetings, shall be specified in this
ration, in the By-Laws of the Association as amended from time to time or by law. 20.5. Equality 20. Assessments. No Lot within the P
Property.
20.1. Creation of the Lien or Personal Obligation for Assessments.
20.6. Date of Each Lot owner, by acceptance of a deed or other conveyance for any lot being a part of the
rty, whether or not it shall be so expressed in any deed or other conveyance, shall be deemed to (a) The Declar ant and agreed to pay the Declarant or the Association, as the case may be: (a) Annual written notice of the annual a sments and charges and (b) Special assessments; such assessments to be fixed, established and thereto at least ten (10) days i ted from time to time as hereinafter provided. The annual and special assessments, together with Association's Board of Direct nterests thereon on the land, shall be a continuing lien upon the property against which each such due and payable to the Declar sment is made and shall also be the personal obligation of the person who is the record owner of year and shall be paid withou operty at the time the assessment fell due. Board of Directors shall fail to days prior to the annual assess 20.2. Purpose of Assessment. ten (10) days after such notice period shall not however redu The assessments levied under this Section 20 shall be used exclusively for the purpose of
oting the recreation, health, safety and welfare of the members and their tenants and, in particular, The annual assessmen e servicing, improvement, insuring and maintaining the common areas and elements and other each member when he or she ties related thereto devoted to such purposes and related to the use and enjoyment of the Property,
or the maintenance of the landscaped entrance area or areas (the "Entrance Areas") of the The first annual asses ivision, including, but not limited to, the payment of taxes and insurance thereon and repair, number of days remaining in 1 cement and additions thereto, and for the cost of labor, equipment, materials, management and
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ed, supervision thereof. Such portion of the annual assessments levied by the Association under this an Section 20 as may be necessary for such purposes shall be devoted to promoting the recreation, health, safety and welfare of the 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 area or areas.
20.3. 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 of the Association, as the case may be.
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as 20.4. Special Assessments.
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ent Upon the affirmative vote of the holders of fifty-one percent (51%) or more of the vote of those then entitled to vote of all 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 clements, including any necessary fixtures or personal property related ch thereto; or for the purpose of increasing the annual assessment by an amount in excess of what is authorized by this Section.
20.5. Equality of Assessment among Lots.
No Lot within the Property shall bear a higher assessment than any other Lot within the Property.
20.6. Date of Commencement of Annual Assessments; Due Dates.
(a) The Declarant, or the Association's Board of Directors 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 Lot shall become due and payable to the Declarant or Association, as the case may be, on the 15ại 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 basis and shall commence as to er each member when he or she becomes a lot owner.
The first annual assessment payable with respect to a Lot shall be adjusted according to the number of days remaining in the calendar year following the date of purchase of a Lot.
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(b) The Declarant, or the Association as the case may be, shall, upon demand at any
time, furnish to any member liable for any assessment a certificate in writing signed by an officer of lie the Association setting forth whether said assessment has been paid. A reasonable charge, as
determined by the Board of Directors may be made for the issuance of these certificates. Such
certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid.
20.7. Effective Nonpayment of Assessment: the Personal Obligation; the Lien; Remedies (an of the Association. lier resp (a) If an assessment is not paid on or before the date when due then such assessment file shall become delinquent and shall, together with such interest thereon and the cost of the collection lien thereof if hereinafter, thereupon become a continuing lien on the delinquent owners' property which to th shall bind such property in the hands of the then owner, his heirs, designees, personal representatives, moI fore successors and assigns. In addition to the lien rights, the personal obligation of the then owner to pay in si such assessments shall remain his personal obligation and shall also pass to his successors in title. Such
owners shall nevertheless remain as fully obligated as before to pay to the Association any and all
amounts which he was obligated to pay immediately preceding the transfer; and such owner and such mor successors in title shall be jointly and severally liable with respect thereto, notwithstanding any time agreement between such owners and successors in title creating any indemnification of the owner or per any relationship of principal and surety as between themselves. is ex or tra (b) If assessment is not paid within thirty (30) days after the due date, such assessment mort shall bear interest from the date of the delinquency at the lesser of the highest rate permitted by law or proce twelve percent (12%) per annum, and the Declarant, or the Association as the case may be, may bring previ legal action against the owner personally obligated to pay the same or foreclose its lien against such of su owner's property in which event, interest, costs and attorney's fees equal to fifteen percent (15%) of the such principal amount shall be 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 Lot d as a debt and to foreclose the aforesaid lien in an appropriate proceeding and lower equity. The lien the in provided for in this Section shall be in favor of the Declarant, or the Association as the case may be, all rul and shall be for the benefit of all other members. The Declarant, or the Association as the case may be, the is acting on behalf of the other members shall have the power to bid in the owners' property at any owne foreclosure sale and to acquire, hold, leasc, mortgage and convey the same. No member may waive or bounc otherwise escape liability for the assessment provided for herein by nonuse of the common areas and limits 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 Lot without the approval of holders of
fifty-one percent (51%) or more of the vote of those then entitled to vote all classes of membership. diseas the Ar (c) If the assessment is not paid within thirty (30) days after the due date, the Declarant, by a C 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 subjec provided by the Association. Any such suspension shall not affect such members obligation to pay north assessments, due during the period of such suspension and shall not effect the permanent charge and of ing
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: any lien on such members property in favor of the Association.
20.8. 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 procecding in lieu of foreclosure or the sale of transfer of the mortgage 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 or such mortgagec's assignee or transferee by foreclosure or by sale under power); and no sale or transfer of such property to the nent mortgagee or to any other person pursuant to a decree of foreclosure, or pursuant to any other w or proceeding in lieu of foreclosure or pursuant to a sale under power, shall relieve any existing or ring previous owner of such property of any personal obligation or relieve such property or the then owner such of such property from liability for any assessment or charges authorized hereunder become due after fthe such sale and transfer.
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ents 21. Sidewalks. Sidewalks shall be installed on each and every Lot by the owner of each such rges Lot during the construction of the dwelling thereon, but in any event within eighteen (18) months from lien the initial sale of any such Lot by the Declarant. All sidewalks shall be constructed in accordance with ' be, all rules and regulations of Oconee County, Georgia. Sidewalks shall be completed on a Lot prior to 'be, the issuance of a Certificate of Occupancy for the dwelling constructed on any such Lot. Each Lot any owner shall be responsible for the maintenance of that portion or portions of sidewalk within the e or boundaries of such Lot owners' property. The provisions herein for sidewalk construction and time and limits thereon shall not apply to Declarant.
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s of 22. Tree Removal from Lots. No Lot shall be clear-cut, except in the case of documented ip. disease or insect infestation that requires such method of tree removal, without the written consent of the Architectural Control Committee. Such documentation required by this provision shall be provided ant, by a Georgia Registered Forester employed with the Georgia Forestry Commission.
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ents 23. Easement to Adjoining Property. Title to Lots 22 and 23 of the Subdivision shall be I be subject to the easement rights of the owner or owners of the real property adjoining such Lots on the pay north. Such easement being denoted on the Final Plat as 50' Private-Access Easement, for purposes and of ingress, egress and access, including the right to place utilities, over and across such easement.
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24. 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) years 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 (51%) of the record owners of the
Subdivision.
25. Enforcement. Enforcement of the covenants contained in this instrument 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, or in the case of Paragraph No. 22, to
enforce the repurchase rights of Declarant.
26. 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 effect.
IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed under seal,
as of the day and year first above written.
MCREE MILL PARTNERS, LLC.
Executed in the presence of: Title:
By:_
Upofficial Witness Title: Vhember
Laus Hadn
Notary Public
Commission Expiration Dates A LEIGH .
[NOTARIAL SEAL]
NOTARL
PUBLIC
CLARKE C
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