Covenants
DOC# 006412
FILED IN OFFICE
07/27/2006 0G=790-755AM
BK: 880
STATE OF GEORGIA INGELA WATSON
CLERK OF SUPERIOR
COUNTY OF OCONEE COURT
OCONEE COUNTY
DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS
FOR SADDLE RIDGE SUBDIVISION
THIS DECLARATION of Protective Covenants and Restrictions is made and
published this the day of 2006 by JAMES R HUNTER of Morgan
County, Georgia (hereinafter referred to as "Declarant*)
WITNESSETH
INCORPORATED HEREINẠ
WHEREAS, it is to the interest, benefit and advantage of said Declarant and to each
and every person who shall hereafter purchase any lot in said subdivision that certain
protective covenants govering and regulating the use and occupancy of the same, 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 the Declarant and each and every subsequent owner of any of the lots in
said subdivision, the Declarant does hereby setup, establish, promulgate and declare the
following protective covenants and restrictions to apply of all of said lots and to all persons
owning said lots or any of them
hereafter, these protective covenants and restrictions shall become effective immediately
and run with the land and shall be binding upon all persons claiming under or through the
Declarant until twenty (20) years from the date of recording of these protective covenants. Architectural Control Committee
Membership - The Architectural Control Committee is composed of JAMES
R HUNTER. The Committee may designate a representative to act for it. In the eveshal
a death or resignation of either member of the Committee, the remaining member shall
have full authority to designate a successor. Neither the members of the Committee nor
their designated representatives shall be entitled to any compensation for services
performed pursuant to this covenant.
(b) Procedure - The Committee approval or disapproval as required in these
covenants shall be in writing. In the event the Committee, or its designated
representatives, fails to approve or disapprove within thirty (30) days after plans and
specifications have been submitted to it, or in any event, if no suit to enjoin the construction
has been commenced prior to completion thereof, approval will not be required and the
relative covenants shall be deemed to have been fully complied with.
2. Architectural Control - No building shall be erected, placed or altered on any lot until
the construction plans and specifications and a plan showing location of the structure have
been approved by the Architectural Control Committee (hereinafter referred to as "A.C.C.*)
as to the quality of workmanship and materials, harmony or exteral design with the
elevation. existing structures and as to the location with respect to topography and finish grade
3. Land Use and Building Type - Said property must be used for residential purposes
only and lots conveyed pursuant to the subdivision plat as referenced above; provided,
however, said lots or any portion thereof may be added to or combined with another lot or
portion of another lot so as to form a single family residential bullding lot. However, the
right to combine lots or a portion of lots shall not be construed to grant the right to
resubdivide lots into a greater number of lots.
No structure shall be erected, altered, placed or permitted to remain on any lot other
880/790
BK:880 PG:791 than one single family dwelling constructed and maintained for the use and occupancy of a single family unit and private garage with an operable door for not more than two cars.
Setback - No building shall be erected on any lot closer than the minimum bullding setback line as shown on the subdivision plat referenced above. No outbuildings shall be maintained or constructed closer than five feet to any property line.
Temporary Structures - No traller, camper, tent, motor home, boat or other similar
for the storage of fuel, water or any other use.
Fencing - Only ornamental fences made of wood or wrought iron and walls conforming architecturally to the principal dwelling on said lot shall be erected or constructed on any lot. No metal or wire fences of any variety shall be permitted unless approved by the A.C.C. No fence shall exceed 6 foot in height for privacy fences and decorative fences shall not exceed 4 foot in height.
8. Livestock - No animals, Ilvestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats and other household pets may be kept provided they are not kept, bred or maintained for any commercial purpose. 9.
Maintenance of Lots - Effective with the passing of title, any purchaser of a lot will assume the responsibility for maintenance of the property. It will be the responsibility of the individual owner to maintain sald lot in a neat and orderly fashion in general keeping with surrounding lots. No lot shall be used or maintained as a dumping ground for rubbish, and generally hidden from sight. trasn, garbage or waste and all garbage containers must be kept in a neat, orderly fashion 10. Exterior Walls - No exterior wall may be constructed so that any unfinished concrete block or unfinished foundation wall is visible after backfilling.
11. Driveways - Driveway surfaces must be paved with either concrete or asphalt. 12. Antennae - Exterlor antennas for radios or television reception shall be placed at the rear of the roof or backside of any chimney. No ham radio antennas or other antennas used for transmission of radio or television signals will be permitted. No microwave receiving dishes or other receiving equipment may be erected so as to be visible from any radio reception will be permitted street. No transmitting or receiving equipment which interferes with normal television or
Air Conditioning Units - No window air conditioning units may be placed so as to be structure. visible from the street. No air conditioning unit shall be placed on the front side of any 14. Play Equipment - Any play equipment shall be placed no closer to the street than the rear line of the residence built on the lot. No play equipment shall be set on any lot which does not have a structure built upon it.
15. Swimming pools - No above ground swimming pools shall be built on any lot. 16. Noxious Activities - No noxious or offensive activities shall be carried on or upon any lot.
17. Solar Panels - Solar heating and collecting panels and equipment must be placed at the side or rear of the residence so as not to be visible from the street.
Heavy Equipment - No heavy equipment such as road equipment, trucks having more than four wheels, grading equipment or similar vehicles may be parked on streets, driveways or elsewhere on the property unless such equipment is specifically in use for initial construction and grading of said property. Junk cars and other inoperable vehicles 19. may not be stored on the property nor repaired on the property at anytime.
Signs - No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder advertising the property during the construction and sale of a residence.
Amendment - Except as otherwise specifically provided in this Declaration, this
BK:880 PG: 792 Declaration may be amended only upon Approval of lot holders representing at least seventy-five percent (75%) of all ellgible votes (i.e. lots). Such an amendment must be recorded in the Public Records in order to become effective.
21. Sight Distances at Intersections - No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadway shall be placed or permitted to remain on any comer lot within a triangular area formed by the street property line and the line connecting them at points fifteen feet from the intersection of the street lines, or in the case of a rounded property comer, from the intersection of the street
obstruction of such sight lines. 22.
Term - These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from the date these covenants are recorded and shall automatically renew for successive ten (10) year periods writing and recorded prior to the renewal date. unless 75% of then lot owners agree to terminate these covenants which must be done in
Enforcement - Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain the violation or to recover damages.
24. HOMEOWNER'S ASSOCIATION. Every Owner of a Lot in Saddle Ridge 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 which it appertains and shall be transferred automatically. Notwithstanding the above, each Lot shall he entitled to one (1) vote in the Association, The provisions of this Article are to be amplifled by the articles of incorporation and Bylaws of the Association provided. however, no such amplification shall substantially alter or amend any of the rights or obligations of the Owners of Lots as set forth herein in the event of any conflict or consistencies among this Declaration, the Articles of Incorporation or the Bylaws o prevall. he Association, this Declaration and the Articles of Incorporation (in that order) shal
ASSESSMENTS. Assessments against the Lot Owners shall be made to raise unds to pay the common expenses of the Property and contribute a pro rata share of he maintenance of the common areas of Saddle Ridge and shall be govemed by the following provisions:
a. Liability. Each Lot Owner shall be liable to the Association for all sums as are lawfully assessed by the Association against him or his Lot or Lots in accordance with the terms and provisions of this Declaration and Articles of Incorporation Set and sch un me drance in the proven of hounts Declaration.
b. Creation of the Lien and Personal Obligation for Assessment. Each owner of any Lot by acceptance of a deed or other conveyance thereof, whether or not it shall be expressed in any such deed or other conveyance, covenants and agrees to pay to the Association an assessment which shall be fixed, established and collected as herein provided; however, nothing contained herein shall be said Lots. construed to obligate Declarant to pay assessments on lots prior to the sale of c, Uniform Rate of Assessment. All annual assessments shall be fixed at a uniform rate for all Lots, except for the assessment for limited common elements.
BK:880 PG:793 d. Purpose. Assessments shall be levied against the Lot owners and the Lots to defray the common expenses of the Properly. The common expenses of the Property shall be all of the expenditures which are made or incurred by or on behalf of the Association In connection with the exercise of its powers and responsibilities and shall include but not be limited to the following:
I. All expenses related to the maintenance and repair of the storm water detention facility located on the subject property;
I. Premiums for all insurance policies maintained by the Association: ili. The expenses of performing the maintenance, repair, renovations, restoration and replacement work which is the responsibility of the Association hereunder,
Iv. Such other costs and expenses as may he determined from time to time by the Board of Directors to be common expenses: and
e. Collection. In addition to all other remedies provided by law, the Association may enforce collection of the assessments for which a Lot Owner is liable, together with all other amounts as may be owed by such Lot Owner to the Association, as hereinafter provided.
f. In the event that any Lot Owner shall fail to pay any installment of any assessment levied against him within ten (10) days after such installment shall be due and payable and the payment of, ans shall pay, in addition to the amounts so due the Association:
ii: In the event that any Lot Owner shall fail to pay within five (5) days after the same shall be due, any amounts due and payable to the Association, such Lot Owner shall be liable for the payment of, and shall pay, in addition to the amounts so due the Association:
. A late charge equal to the Ten ($10.00) Dollars or ter 10%) percent of the amount so due, whichever is the 2. interest on the amount so due, and the aforesaid late charge appertaining thereto, front the date same were due until paid: and payable. at the rate of ten (10%) percent pea annum, 3 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
foreclosure (or until the judgment rendered in such suit is otherwise satisfied)
ili. All sums lawfully assessed by the Association against any Lot Owner or Property Owner's Association Lot, whether for the share of the common expenses pertaining to that Lot, fines, or otherwise and all reasonable charges made to any Lot Owner or Lot for material furished or services rendered by the Association at the Owner's request to or on behalf of the Lot Owner or Lot, shall, from the time the sums become due and payable, be the personal obligations of the Lot Owner and constitute a lien in favor of the
BK:880 PG:794 Association on the lot prior and superior to all other liens
whatsoever except:
1. Liens for ad valorem taxes on the Lot;
2. The lien of any first priority mortgage covering the Lot and the Lien of any mortgage recorded prior to the recording of the
Declaration; or
3. 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 Lot
The recording of this Declaration shall constitute record notice of the existence of the lien and no further recordation of any claim of lien for assessment shall he required.
iv. The rights of a Lot Owner and all persons entitled to occupy the Lot of such owner, to use the common elements shall he
suspended for the period of time any amount due and owing to the Association in regard to any lot owned by such owner shall remain unpaid: provided, however, that no such suspension shall deny any Lot Owner, or the occupants of any Lot, access to the Lot owned or occupied, nor cause any hazardous or unsanitary condition to exist,
INSURANCE. Insurance which shall be obtained by the Association shall be govered by the following provisions:
a. Types of Insurance. The Association shall obtain and maintain the following insurance policies:
I. 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 Assoclation, the Board of Directors, the officers of the Association, all agents and employees of the Association and all unit owners and other persons entitled to occupy any Lot or other portion of the Property, shall be for at least
cross liability endorsement to cover the Lot Owners as a group and shall include protection for damage to the property of others.
27. AMENITY AREAS. There shall be a common area known and designated as Home Owners Association Amenity Parcel acresồ on said plat so recorded. Said common area shall he maintained by the Association.
28. STORM WATER DETENTION AREAS. The storm water detention facilities set forth on the plat of the subject property shall be conveyed to the Association and shall be maintained by the Association as provided by the laws and regulations of Oconee
BK:880 PG:795 County and the State of Georgia, including the maintenance of lability Insurance on said facility as provided herein.
29. Severability - Any invalidation of any one of these covenants by a judgment or court order shall in no way affect any of the other provislons, which provisions shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant has signed and sealed this instrument at Athens, OCONEE County, Georgia on the date and year first written above.
Signed, sealed and
delivered in the presence
Rant Mung
Witness
This the & day of gun
MARCH 28, 2010 GEORGIA
CLARKE COLAS
Day o6y 20057 IN OFFICE
10:28 AM
BK: 987 PG: 336-344
ANGELA WATSON
CLERK OF SUPERIOR
COURT
OCONEE COUNTY
Reim Kegorded Document to:
STATE OF GEORGIA
COUNTY OF OCONEE 08-00262
DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS
FOR SADDLE RIDGE SUBDIVISION
THIS DECLARATION of Protective Covenants and Restrictions is made and
published this the 192 day of In of One Cou Georgia here after referred saDe aran. 2008 by James R. Hunter Construction,
WITNESSETH:
WHEREAS, Declarant and the Consenting Parties are the record title holders of the
lots and property known as Saddle Ridge Subdivision, said real property being more
particularly described as follows:
SEE EXHIBITIA" ATTACHED HERETO AND
NCORPORATED HEREIN*
WHEREAS, it is to the interest, benefit and advantage of said Declarant and to each
and every person who shall hereafter purchase any lot in said subdivision that certain
protective covenants governing and regulating the use and occupancy of the same, be
established, set-forth and declared to be covenants running with the land.
WHEREAS, James R. Hunter has previously recorded at Deed Book 880, page 790
in the Office of the Clerk of Superior Court of Oconee County, Georgia what is entitled
Protective Covenants and Restrictions for Saddle Ridge Subdivision but failed to
incorporate a legal description of the property he intended to burden and he was not a
property owner of the above described property at the time of publishing the same
NOW THEREFORE, for and in consideration of the premises and of the benefits to
be derived by the Declarant and each title holder, and each and every subsequent owner
of any of the lots in said subdivision, the Declarant does hereby setup, establish
romulgate and declare the following protective covenants and restrictions to apply of al
of said lots and to all persons owning said lots or any of them hereafter; these protective
covenants and restrictions shall become effective immediately and run with the land and
Page 1 of 8
987/336
BK: 987 PG:337 1. Architectural Control Committee.
Membership - The Architectural Control Committee is composed of lan McClure and Kirby Kilgore, Jr. The Committee may designate a representative to act for t. In the event of a death or resignation of either member of the Committee, the remaining member shall have full authority to designate a successor. Neither the members of the Committee nor their designated representatives shall be entitled to any compensation for services performed pursuant to this covenant.
Procedure - The Committee approval or disapproval as required in these covenants shall be in writing. In the event the Committee, or its designated representatives, fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to completion thereof, approval will not be required and the relative covenants shall be deemed to have been fully complied with.
Architectural Control - No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing location of the structure have been approved by the Architectural Control Committee (hereinafter referred to as A.C.C.") as to the quality of workmanship and materials, harmony or extemal design with elevation. the existing structures and as to the location with respect to topography and finish grade 3. Land Use and Building Type - Said property must be used for residential purposes only and lots conveyed pursuant to the subdivision plat as referenced above; provided, however, said lots or any portion thereof may be added to or combined with another lot or portion of another lot so as to form a single family residential building lot. However, the right to combine lots or a portion of lots shall not be construed to grant the right to resubdivide lots into a greater number of lots.
placed or permitted to remain on any lot other than one single family dwelling constructed and maintained for the use and occupancy of a single family unit and private garage with an operable door for not more than four cars
Setback - No building shall be erected on any lot closer than the minimum building setback line as shown on the subdivision plat referenced above. No outbuildings shall be maintained or constructed closer than fifteen (15) feet to any property line.
Temporary Structures - No trailer, camper, tent, motor home, boat or other similar vehicle may at any time be used as a residence, temporarily or permanently, nor shall any temporary outbuilding or structure be used as a resident.
Clotheslines and Tanks - No clotheslines, drying racks or fences used for drying shall be constructed on the property. No exposed above ground tanks will be permitted for the storage of fuel, water or any other use.
conforming architecturally to the principal dwelling on said lot shall be erected or Fencing - Only omamental fences made of wood or wrought iron and walls constructed on any lot. No metal, wire or vinyl fences of any variety shall be permitted
foot in height.
Livestock - No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats and other household pets in a reasonable number may be kept provided they are not kept, bred or maintained for any commercial purpose, are
Page 2 of 8
BK: 987 PG:338
not permitted to roam free, and in the sole discretion of the Board of Directors, do not endanger the health, make objectionable noise or constitute a nuisance or inconvenience to the owners of other Lots. No more than two (2) horses shall be allowed on any Lot. 9. Malntenance of Lots - Effective with the passing of title, any purchaser of a lot will assume the responsibility for maintenance of the property. It will be the responsibility of the individual owner to maintain said lot in a neat and orderly fashion in general keeping with surrounding lots. No lot shall be used or maintained as a dumping ground for rubbish trash, garbage or waste and all garbage containers must be kept in a neat, orderly fashion and generally hidden from sight.
10. Exterlor Walls - No exterior wall may be constructed so that any unfinished concrete block or unfinished foundation wall is visible after backfilling.
11. Driveways - Driveway surfaces must be paved with either concrete or asphalt. 12. Antennae - Exterior antennas for radios or television reception shall be placed at the rear of the roof or backside of any chimney. No ham radio antennas or other antennas used for transmission of radio or television signals will be permitted. No microwave eceiving dishes or other receiving equipment may be erected so as to be visible from an treet. No transmitting or receiving equipment which interferes with normal television o radio reception will be permitted.
13. Air Conditloning Units - No window air conditioning units may be placed so as to be visible from the street. No air conditioning unit shall be placed on the front side of any structure.
14. Play Equipment - Any play equipment shall be placed no closer to the street than the rear line of the residence built on the lot and in a manner so no part is visible from any part of the street. No play equipment shall be set on any lot which does not have a structure built upon it.
15. Swimming pools - No above ground swimming pools shall be built on any lot. 16. Noxious Activities - No noxious or offensive activities shall be carried on or upon any lot.
17 Solar Panels - Solar heating and collecting panels and equipment must be placed at the side or rear of the residence so as not to be visible from the street.
18. Heavy Equipment - No heavy equipment such as road equipment, trucks having more than four wheels, grading equipment or similar vehicles may be parked on streets, driveways or elsewhere on the property unless such equipment is specifically in use for initial construction and grading of said property. Junk cars and other inoperable vehicles may not be stored on the property nor repaired on the property at anytime.
one professional sighs no more than be sa are to one sigh of not on the ve Signs - No signs of any kind shall be displayed to the public view on any lot except square feet advertising the property for sale or rent, or signs used by a builder advertising the property during the construction and sale of a residence.
20. Amendment - Except as otherwise specifically provided in this Declaration, this Declaration may be amended only upon Approval of lot holders representing at least seventy-five percent (75%) of all eligible votes (i.e. lots). Such an amendment must be recorded in the Public Records in order to become effective.
Page 3 of 8
Sight Distances at Intersections - No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadway shall be placed or permitted to remain on any corner lot within a triangular area formed by the street property line and the line connecting them at points fifteen feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the stree roperty line extended. The same sight line limitations shall apply on any lot within ten feet inspecte as the bage me maran at a vice hagi poweri
Term - These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from the date these covenants are recorded and shall automatically renew for successive ten (10) year periods unless 75% of then lot owners agree to terminate these covenants which must be done in writing and recorded prior to the renewal date.
Enforcement - Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain the violation or to recover damages.
Homeowner's Assoclation. Declarant has incorporated the Association as Saddle Ridge Of Ocone Home Owners Association, Inciạa Georgia Not for Profit Corporation. Every Owner of a Lot in Saddle Ridge 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 which it appertains and shall be transterred automatically. Notwithstanding the above, each Lot shall he entitled to one (1) vote in the Association, The provisions of this Article are to be amplified by the articles of incorporation and Bylaws of the Association provided. however, no such amplification shall substantially alter or amend any of the rights or obligations of the Owners of Lots as set forth herein in the event of any conflict or inconsistencies among this Declaration, the Articles of Incorporation or the Bylaws of the Association, this Declaration and the Artices of Incorporation (in that order) shall prevail.
Assessments. Assessments against the Lot Owners shall be made to raise unds to pay the common expenses of the Property and contribute a pro rata share of he maintenance of the common areas of Saddle Ridge and shall be govered by the following provisions:
a. Liability. Each Lot Owner shall be liable to the Association for all sums as are lawfully assessed by the Association against him or his Lot or Lots in accordance with the terms and provisions of this Declaration and Articles of Incorporation and Bylaws. 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 unit owner in accordance with the provisions of this
b. Creation of the Lien and Personal Obligation for Assessment. Each owner of any Lot by acceptance of a deed or other conveyance thereof, whether or not it shall be expressed in any such deed or other conveyance, covenants and agrees to pay to the Association an assessment which shall be fixed, established and collected as herein provided; however, nothing contained herein shall be construed to obligate Declarant to pay assessments on lots prior to the sale of
c. Uniform Rate of Assessment. All annual assessments shall be fixed at a uniform rate for all Lots, except for the assessment for limited common elements.
Page 4 of 8
BK: 987 PG: 340 d. Purpose. Assessments shall be levied against the Lot owners and the Lots to defray the common expenses of the Properly. The common expenses of the
I. All expenses related to the maintenance and repair of the storm water detention facility located on the subject property;
ii. Premiums for all insurance policies maintained by the Association; ill. The expenses of performing the maintenance, repair, renovations, restoration and replacement work which is the responsibility of the Association hereunder;
iv. Such other costs and expenses as may he determined from time to time by the Board of Directors to be common expenses: and
e. Collection. In addition to all other remedies provided by law, the Association may enforce collection of the assessments for which a Lot Owner is liable, together with all other amounts as may be owed by such Lot Owner to the Association, as hereinafter provided.
f. In the event that any Lot Owner shall fail to pay any installment of any assessment levied against him within ten (10) days after such installment shall be due and payable and the payment of, ans shall pay, in addition to the amounts so due the Association:
ii. In the event that any Lot Owner shall fail to pay within five (5) days after the same shall be due, any amounts due and payable to the Association, such Lot Owner shall be liable for the payment of, and shall pay, in addition to the amounts so due the Association:
1. A late charge equal to the Ten ($10.00) Dollars or ten (10%) percent of the amount so due, whichever is the 2. Interest on the amount so due, and the aforesaid late charge appertaining thereto, front the date same were due and payable. at the rate of ten (10%) percent pea annum, until paid:
3 the cost of collection, including court costs, the expenses of sale, any expenses required. for the protection and preservation of the Lot, and reasonable attomey's fees actually incurred: and
4. in the event the Association shall seek to foreclose its lien
otherwise satisfied)
ili. All sums lawfully assessed by the Association against any Lot Owner or Property Owner's Association Lot, whether for the share of the common expenses pertaining to that Lot, fines, or otherwise and all reasonable charges made to any Lot Owner or Lot for material furnished or services rendered by the Association at the Owner's request to or on behalf of the Lot Owner or Lot, shall, from the time the sums become due and payable, be the personal obligations of the Lot Owner and constitute a lien in favor of the
Page 5 of 8
BK: 987 PG:341 Association on the lot prior and superior to all other liens whatsoever except:
1. Liens for ad valorem taxes on the Lot;
2. The lien of any first priority mortgage covering the Lot and the Lien of any mortgage recorded prior to the recording of the Declaration; or
3. The Lien of any secondary purchase money mortgage covering the Lot, provided that neither the grantee nor any grantee of the mortgage is the seller of the Lot.
The recording of this Declaration shall constitute record notice of the existence of the lien and no further recordation of any claim of lien for assessment shall he required.
iv. The rights of a Lot Owner and all persons entitled to occupy the Lot of such owner, to use the common elements shall he suspended for the period of time any amount due and owing to the Association in regard to any lot owned by such owner shall remain unpaid: provided. however, that no such suspension shall deny any Lot Owner, or the occupants of any Lot, access to the Lot owned or occupied, nor cause any hazardous or unsanitary condition to exist, insurance. Insurance which shall be obtained by the Association shall be governed by the following provisions:
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 unit owners and other persons entitled to occupy any Lot or other portion of the Property, shall be for at least 6500,000.00 for injury including death to a single person $1,000,000.00 for injury ol injuries, including death, arising out of a single occurrence and $50,0000.00 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.
27. Amenity Areas. There shall be a common area known and designated as common area or areas maintained by Homeowners Association on said plat so recorded. Said common area shall he maintained by the Association. The storm water detention facilities including all associated easements set forth on the plat of the subject property are hereby conveyed to the Association and shall be maintained by the association as provided by the laws and regulations of Oconee County and the State oi Georgia, including the maintenance of liability insurance on said facility as provided
28. Limited Common Elements. Lots 10, 11 and 12 are assigned their common driveway as shown on the Subdivision Plat as well as any gate and entrance
associated therewith as a limited common elements. Said lot owners shall be responsible for the costs associated with these limited common elements in addition to the costs associated with the Amenity Areas.
Severability - Any invalidation of any one of these covenants by a judgment or court order shall in no way affect any of the other provisions, which provisions shall remain in full force and effect.
Page 6 of 8
BK: 987 PG:342 N WITNESS WHEREOF, the Declarant has signed and sealed this instrument ir CONEE County, Georgia on the date and year first written above
WITNESSES: DECLARANT:
SHE JONA
CONTISSIO
ish
Notary Public PUBLIC
GEORGI
Consented to by: litleholders (other than DECLARANT)
Signed, sealed and
delivered in the presence of:
• NOTARY
PUBLIC
Signed, sealed
delivered in the presence of: ome South Construction, Inc
AGASION ET T. Murora
NOTARY
Notary Public PUBLIC
Signed, sealed and Ar COUNTY
ce of:
NOTARY
Page 7 of 8
BK: 987 PG:343
Signed, sealed anc
delivered in the presence of
SHLEY ONES
Rachel B. Taply * NOTARY . Rachel B. Tapicy
PUBLIC El Toply Notary P
Signed
ance of:
Notary Publid
Page 8 of 8
BK:987 PG:344 EXHIBIT "A"
File #0804030
All that tract or parcel of land situate, lying and being in the 239th G.M.D., Oconce
Oconee County, Georgia and being incorporated herein by reference for a more particular description.