Covenants
..... 0013215
0000231
FRIE 03 DEC - 1 PM 5:07
No 235
Remum io:
James C.. Wars
Timmons, Wames & Ladisch, I.I.P P.(). Box 1963
Athens, Gcorgia 30603-1963
STATE OF GEORGIA,
COUNTY OF OCONEE
DECLARATION OF RESTRICTIONS AND COVENANTS
SOUTHWIND MANOR SUBDIVISION
OCONEE COUNTY, GEORGIA
THIS DECLARATION, made on the datc hereinafler sel forth by SOUTHWIND MANOR ENTERPRISES, INC. (hereinafter sometimes called "Declarant*).
RECITALS
Declarant is the owner of the real properly which is the subject of this Dcclaration and which is described in Exhibit "A" attached hereto ("the Property").
The Property, including the improvements constructed or to be constructed thereon, is 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, convcycd, used, occupied, and mortgaged or otherwise encumbered subject to the covenants and restrictions hereinafter set forth, which shall run with the title to the Property and shall be binding on all persons having any right, title, or interest in all or any portion of the Property, their respective heirs, legal representatives, successors, successors in title, and assigns, and shall inure to the benefit of each and every owner of all or any portion thercof.
ARTICLE 1
DEFINITIONS
A. "The Act" shall mean the Ocorgia Property Owners Association Act, O.C.G.A. $44-3-220, et scq., as the same is or may be hereinafter amonded
Page 1 of 23
.....
0000232
B. "Architectural Control Committee" shall mean and refer to the Architectural Control Committee initially comprised ofROY LEE SOSBEE and DARRELL SOSBEE and such other individuals as Declarant may appoint, and thereafter such persons appointed by the Board of Dircetors.
C. "Articles of Incorporation" shall mean the Articles of Incorporation of the Association, as the same may be hereinafter amcnded.
D. "Association" shall mean and refer to the Southwind Property Owners Association, Inc., a nonprofit Georgia corporation, its successors and assigns.
E. "Board of Directors" shall mean the Board of Directors of the Association, the memhers of which shall be 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 goveming body of the Association.
F. "By-Laws" shal! mcan the By-laws of the Association, as the same may be hereinaftcr amcnded. G. "Common Area and Common Element" shall mean all real and personal property submitted to the Declaration which is owned, leased by, used by, or for the benefit of the Association for common use and cnjoyment of the members, including drainage easements, detcntion areas, stilling basins, and undisturbed buffers on individual Lots.
H. "Common Expenses" shall mean all expenditures lawfully made or incurred by or on behalf of the Association together with all funds lawfully asscssed for the creation and maintenance of reserves pursuant to the provisions of the Declaration.
"Declarant" shall mean Southwind Enterprises, Inc. or its successor in titlc in the Event Southwind Enterprises, Inc. sells all of the Lots to a single builder prior to conveying the Common Elements to the Association. In the cvent of such sale, the person or entity buying all of such lots shall be the Declarant where the context so requires.
J. "Declaration" shall mean 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 subdivision.
K. "Lot shall mean any numbered lot which constitute a single dwelling site designated on any plat of survey for the property recorded in the office of the Clerk of Superior Court of Oconcc County, Georgia
L. "Lot Owner" or "Owner" shall mean and refer to the record owner, whethcr onc or more persons. of the fee simple title to any Lot excluding, however, any person holding such interest merely as security for the perlormance or satisfaction of any obligation.
Page 2 of 23
5000233
M. "Mortgage" shall mean any morigage. deed to secure debt, security deed, and any and all other similar instruments used for the purposc of conveying or encumbering real property as security for the payment or satisfaction of an obligation.
N. "Person" shall mcan any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or olher legal entity.
O. "Plat" shall mean the plat entitled "Final Plat of: Southwind Manor Subdivision" by John F. Brewer, III, R.L.S. No. 2905, recorded with the Clerk of Superior Court, Oconee County, Georgia.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
The Property which is subject to the covenants and restrictions hercin is the real property described in Exhibit A attached hereto.
ARTICLE III
POWERS OF THE ASSOCIATION AND BOARD OF DIRECTORS
The powers of the Association and the Board of Directors are set forth in the Act, the Georgia Non-Profit Corporation Act, this Declaration, the Articles of Incorporation, and the By-Laws of the Association.
ARTICLE IV
ARCHITECTURAL CONTROL COMMITTEE
Section 1. Purpose, Powers, and Duties of the Architectural Control Committee. The purpose of the Architcetural Control Committee is (A) to administer and enforce the covenants and restrictions set forth in this Declaration during construction of the permanent residences within the subdivision; and (B) to assure the proposed construction of any structure on any Lot is submitted to the Architectural Control Committcc for approval (i) 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 Property; and (ii) of the location of structures with respect to topography, finished ground elevation, and the required Building Envelope.
Section 2. Selection of the Architectural Control Committee. From the exccution date of this Declaration until such time as all Lots have been fully devcloped, permanently improved, and sold to permanent residents, the Architectural Control Committee shall consist of Roy Lec Sosbee and
Page 3 of 23
0000234
Darrell Sosbee. Upon the sale by Declarant to an Owner of the last Lot and the construction and completion of a permanent residence therein, the Architectural Control Commitice shall be appointed by the Board of Directors. Roy Lec Sosbee and Darrell Sosbee may resign at an earlier time and relinquish the Architectural Control Committee to the Board of Dircetors.
Section 3. Meetings. The Architectural Control Committee shall hold such meetings as may be necessary from time to time to fulfill its designated purpose.
Section 4. Action of Members of Architectural Control Committee. Any member of the Architectural Control Committee may be authorized by the Architectural Control Committee to exercise the full authority of the Architectural Control Committee with respect to all matters over which the Architectural Control Committee has authority. Such authorization must be in writing. The action of such member with respect to the matters specified shall be final and binding upon the Architectural Control Committee and upon any applicant for an approval permit or authorization, subject, however, to review and modilication by the Architectural Control Committee on appeal by the applicant to the Architectural Control Committee as provided herein. Written notice of the decision of such member shall, within five (5) days thereof, be given to any applicant for an approval permit or authorization. The applicant may, within ten (10) days aller receipt of notice of any decision which applicant deems to be unsatisfactory, file a written request to have the matter in question reviewed by the Architectural Control Committee. Upon the filing of any such request, the matter with respcet to which the request was filed shall be reviewed promptly by the Architectural Control Committee, but in no event later than thirty (30) days after the liling of such request. The decision of a majority of the members of the Architectural Control Committee with respect to such
ARTICLE V
BUILDING REQUIREMENTS
The following property rights and architectural restrictions shall apply to the property which is initially subjected to this Declaration.
Section 1. Subdivision of Lot. No Lot shall be subdivided, nor its boundary lines changed, except with the prior written approval of the Architectural Control Committee. Declarant, however, until such time as the last Lot is sold by Declarant to an Owncr, horcby expressly reserves 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 sleps as reasonably may be necessary to make such replatted Lot or Lots suitable as building site or sites. Any such division, boundary line change, or replatted Lot shall be in conformance with applicable Oconee County subdivision and zoning regulations.
Section 2. Approval of Plans. No residence, building, fence, wall, road, driveway, sidewalk, parking area, tennis court, swimming pool, or other structure or improvement of any kind shall be crocted, placed, altered, added to, modified, maintained, or reconstructed on any Lot until the plans
Page 4 of 23
0000235
therefor, and for the proposed location thercof upon the Lot, shall have heen approved in writing by the Architectural Control Committee. "Improvement" shall mean and include any improvement, change, or modifcation of the apparance of a Lot from the state existing on the date of the convcyancc of such Lot by Declarant to a Lot Owner. Before taking any action requiring approval under this Section, a Lot Owncr shall submit to the Architectural Control Committee a construction schedulc and two (2) complete sets of final plans and outline spocifications, showing site plan (which site plan shall show drivcways, patios, decks, accessory buildings, and all other components referenced in the first sentence of this Section), landscapc layout, floor plans, exterior elevations, and exterior materials, colors, and finishes. Additionally, all brick selection must be approved by the Architectural Control Committee. No changes or deviations in or from plans and specifications as approved shall be made without the prior written approval by the Architectural Control Committec. No alteration in the exterior appearance of any building, structure, or other improvement shall be made without the approval by the Architectural Control Committee. Further, before beginning any construction, the name ofthe builder must be submitted to the Architectural Control Commitlee and approval by the Architectural Control Committee as to builder's experience and ability to build houses or other structures of the class and type of those which are to be built in the Community must be granted. 'The Architectural Control Committee shall act in accordance with Article IV, Section 4 upon receipt of such information to approve or disapprove the same. Neither the Architectura. Control Committce, nor any person or party to whom the Architectural Control Committcc shall assign such function, shall be responsible or liable in any way for the performance of any builder or for any defects in any plans or specifications approved in accordance with the forgoing, nor for any structural defects in any work done according to such plans and specifications. The Architectural Control Committcc may refuse approval of plan, siting, or specifications upon any ground, including purely aesthelic considerations, which in its solc discretion it shall deem sullicient. Approval of any one series of improvements hereunder shall not waive the Architectural Control Committee's right to disapprove subsequent improvements to the samc Lot.
Section 3. Access to Other Lots. No lot shall be used for access to other property without the express written permission of the Architectural Control Committee.
Section 4. Building Location. No building shall be erecled on any Tot closer than thirty feet (30) to the right of way on which such tract fronts and the principal dwelling no closer than fifteen feet (15') from any other dwelling and forty fect (40') from the rear lot line. Detached garages, when approved, may be located no closer than ten feet (10) from a side or rear lot line, but may not be located within twelve (12) feet of any structurc on an adjacent lot. The Architectural Control Committee reserves the right to control solely and absolutely the precise site and location of any proposed house, dwelling, building, or other structurc 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 Architectural Control Committee or designated on plat of subdivision
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 Architectural Control
Page 5 of 23
0000236
Committee has vcrificd general compliance with these covenants and restrictions and with the plans and specifications therefor submitted pursuant to Section 2 above, and has approved the ulility connections in writing. Each Lot, parcel of land, residence, building, or other structure on property, when required to be served by a utility, must be served by a public water and sewer systems and other utilitics approved by the Architectural Control Committee.
Scction 6. Other Building Requirements. The requirements set forth below are in no way to be construed as limiting the excrcisc of the Architectural Control Committee's discretion pursuaat to Scctions 2 and 3 above:
(A) All single story residences in Southwind Manor Subdivision must contain a minimum of Two Thousand Two Hundred (2,200) square feet of heated living space, excluding hasements. All two-story dwellings must contain 1 wo Thousand Four Hundred (2,400) square fect of hated living space, excluding basements. Owners may request in writing a waiver of this requirement from the Architectural Control Committee. The Architcctural Control Committee may under reasonable circumstances grant such a request where the resulting apparancc of the Lot is likely to preserve the overall appcarance, scheme, and design of the subdivision.
(B) Lach residence and other structure shall be constructed only of materials, and in colors, approved in writing by the Architcctural Control Committee with the exterior of the residences being brick, stucco, rock, or siding. Owners may request in writing a waiver of this requirement from the Architectural Control Committee. The Architectural Control Committe may under reasonable circumstances grant such a request where the resulting appearance of the Lot is likely to preserve the ovcrall apparancc, schemc, and design of the subdivision.
(C) Exposed concrete block or poured concrete foundations and site retaining walls must be covcred with stucco, stone, or brick to complement the house materials.
(D) Sheet metal and PVC work such as roof caps, flashings, 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 he placed on the rear slopes of roofs
(F) The roof pitch of all residences shall be a minimum of 8/12 unless otherwise approved by the Architectural Control Committee.
(G) Driveways shall be a minimum of ten feet (10') in width and constructed only of materials approved in writing by the Architectural Control Committee, and any culverts, pipes, or conduits for water placed in or under driveways shall be covered at
Pago 6 of 23
0000237
points of protrusion from driveways or the ground with matcrials approved by the Architectural Control Commitice.
(H) The exterior of all residences and other structures must be completed within nine (9) months after commencement of construction and the landscaping on such Lois must be completed within one hundred twenty (120) days thereafter, except, in each case, where, in the sole discretion of the Architectural Control Committee such completion is not possible or would result in greater hardship to the Owner or Builder due to strike,
All electric service, cable television, and telophone lines shall be placed underground. No exterior polc, tower, antenna, or other device for the transmission or reception of television signals, radio signals, or any othcr form of electromagnetic radiation, or for any other purpose, shall be erected, placed, or maintained on any Lot cxcept as may bc constructed by Declarant or approved in writing by the Architectural Control Committce. Small satellite dishes may be mounted on the rear of the dwelling with the consent of the Architectural Control Committee or the Board of Directors. Further, the design, type, location, size, color, and intensity of all exterior lights shall be subicct to control by the Architectural Control Committee and only such exterior lightings as shall have been approved in writing by the Architectural Control Committee shall be
(J) All exterior lighting shall be a low-level, non-glare type, shielded and located to cause minimum visual impact to adjacent properties and streets.
(K) Mechanical equipment (other than heuting or air conditioning equipment) shall be installed only within the dwelling or buried. Heating and air conditioning equipment shall be installed in such location as will, to the maximum extent possible, not be rcadily visible to the view of neighboring Lots or strects
(L) Unless located within ten feet (10') of a main dwelling or accessory building or within len feet (10) of an approved building sitc, no trees, shrubs, bushes, or other vegetation having a trunk diameter of six inches (6i) or more at a point of two fect (2') above ground level my be cut, pruned, mutilated, or destroyed at any time without the prior written approval of the Architectural Control Committee; provided, however, that dead or diseased trees, shrubs, bushes, or other vegetation shall he cul and removed promptly from any Lot by the Owner thereof after such dead or diseased conditions is first brought to the attention of the Architcctural Control Committee and permission for such cutting and removal has been obtained. Each Lot Owner may clear underbrush.
(M) Landscaping shall relate to the existing terrain and natural features of the Lot, utilizing plant materials typically used in the Southcastem United States. The amount and character of the landscaping must confor to the precedent set in the surrounding
Page 7 of 23
GS00Z3E
community. The preferred landscape bed cdging is a net four inch to six inch (4" - 6) deep trench. Other edging, if used, should be flush with the ground. No edging material should be visihle above ground. All mulched landscape beds should be covered with nalural pinestraw or chopped pine bark mulch
(N) The front lawn of cach residence must contain an underground irrigation system.
(O) No structure of a temporary character shall be placed upon any Lot al any time, except for shelters used by a building contractor during the course of construction. Such temporary shelters may not, at any time, be used as rosidences, nor he permitted to remain on the Lot after compiction of construction.
(P) No accessory building shall be placed, erected, or maintained upon any part of any Lot unless appurtenant to a residence already constructed or under construction at the time that such outbuilding is placed or erected upon that Lot.
(9) Exterior hot tubs must be screened from adjacent properties and streets. All pump. filter, etc., equipment for spas must be sited where it will not cause a nuisance to neighbors and must be screened from view.
(R) Only ornamental fences and walls conforming architecturally to the principal dwelling on the Lot shall be constructed in the front yard. Small diameter, open mesh wire fences shall not be constructed in the front yard. Under no circumstances shall silver or metal colored chainlink fence be constructed on any Lot. All lences and walls must be approved by the Architectural Control Committee.
(S) No camper, recreational vehicle, trailer, tent, or boat shall be placed in the front yard. (T) All swimming pools must be constructed below ground and fit naturally into the topography of the proposed lot and he 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 ncighbors and must be screcned from view. Only "Gunite" typc pools are allowed. A fence a maximum of six feet (6) in height and capable of being locked shall surround all swimming pools.
(U) Tennis courts will be permilled only where they will fit naturally onto the topography of the proposed lot and located to provide minimal visual impact to surrounding properties. Chainlink fencing for courts must have a black or dark green vinyl coating. Lighting for tennis courts will not bc allowed
Section 7. Right of Inspection. The Architectural Control Committee, its agents and representatives, shall have the right during reasonable hours to enter upon and inspect any Lot and
Page 8 of 23
080.66 • 4000
0000239
the improvements thercon for the purpose of ascertaining whether the installation, construction, alteration, or muintenance of any improvement or the usc of any Lot or improvement is in compliance with the provisions of this Declaration; and the Architectural Control Committee shall not bc deemed to have committed a trespass or other wrongful act solely by reason of such entry or inspection.
Section 8. Violation. Ifany improvement shall be erected, placed, maintained, or altered upon any Lot, otherwise than in accordance with the plans and specifications approved by the Architectural Control Committee pursuant to the provisions of this Articlc, such ereclion, plcement, maintenance, or alteration shall be deemed to have boon undertaken in violation of this Article and without the approval required herein. If, in the opinion of the Architectural Control Committee, such violation shall have occurred, the Architectural Control Committee shall be entitled and cmpowered to enjoin or remove any such construction and take any other action pormitted hy the By-Laws of the Association. Any costs and expenses incurred by the Archilectural Control Committcc in enjoining and removing any construction or improvements shall become a lien against the Owner's Lot in accordance with Article VIII. Additionally, the Architectural Control Committec shall be entilled
Section 9. Fees. The Architectural Control Committec may impose and collect a reasonable and appropriate fec to cover the cost of inspoctions performed pursuant to Section 7 hereof, which such fcc will be paid out of regular or special assessments established per Article VII hereof. Tho lee shall be established from time to time by the Architectural Control Committec.
ARTICLE VI
USE RESTRICTIONS
Section 1. Residential Use. All Lots shall be used for single-family residential purposes exclusively. Except as hereinafter provided, no house, structurc, or other improvement shall be erected, altered, placed, maintained, or permitted to romain on any Lot other than one (I) detached single-family dwelling.
Section 2. Signs. No commercial signs, except "for sale" signs for subdivision lots, shall be crected, placed, or maintained on any Lut except as may be required by legal proceedings. Nothing herein shall be construed, however, to prevent Declarant from erecting, placing, or maintaining upon any Lot, or permitting the ercetion, placing, or maintaining upon any Lot by builders or residents, of such signs as Declarant my deem neccssary or desirable during the period of the development, construction, and sale of the Lots and residences constructed thereon.
Section 3. Mail Boxcs, Property Identification Markers, and Decorative Hardware. Thc Architectural Control Committee shall have the right to approve the location, style, and shape of all mailboxes. All houses will have a standard gas yard light sclected by the Architectural Control
Page 9 of 23
0000240
Committee. The location of any gas yard light shall also be subject tot he approval of the Architectural Control Committee.
Section 4. Garbage Cans, Woodpiics, ctc. All garbage cans, woodpiles, etc. shall be locatcd or screened so as to be conccaled from view of the streets. All rubbish, trash, and garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon.
Sction 5. Prohibited Structures. No mobile home, house trailer, factory or manufactured home, modular home, tent, shack, bam, or other structure (except accessory buildings otherwise permitted hereunder) shall be placed on any Lot at any time, either temporarily or pormancntly. Declarant shall be permitted to have a temporary building on site during the development and construction phase of the subdivision.
Section 6. Animals and Pets. No animal, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any Lot, with the exception of dogs, cais, or other usual and common houschold pets in reasonable number, provided that these pets are not kept, bred, or maintained for any commercial purpose. Dogs which are houschold pets shall at all times, whenever they are outside a dwelling, be confined within a pon or on a leash. Doghouse exterior colors and materials must relate to the extrior of the house. Doghouses should be screened from any view from surrounding roads and be discreetly located so as not to cause a nuisance to neighbors. Clothesline or fenced dog runs are not permitted.
Section 7. Commercial Vehicles. No commercial vehicles may be parked, stored, or temporarily kept on any Lot, unless such vehicles are stored wholly within private garages, are within the Property temporarily to service existing improvement, or are used in connection with construction of improvements within the Property
Section 8. Nuisance. It shall be the responsibility of each Lot Owner to prevent the development of any unclean, unhcalthy, unsightly, or unkept condition of buildings or grounds on such Lot or Lots. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eyc; 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, quiet, safety, comfort, or screnity of the occupants of surrounding property. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon tending to causc embarrassment, discomfort, annoyance, or nuisance to any person using any property adjacent to the Lot The a demon , 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 thercof.
Scetion 9. Unsightly or Unkept Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality ofthe foregoing, the assembly and disassembly
Page 10 of 23
0000241
of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkept conditions, shall not be pursued or undertaken in any part of the Properly
Section 10. Antennas. No Owner shall crect, use, or maintain any outdoor antenna or other device for the transmission or reception of television signals, radio signals, or any form of electromagnetic radiation, whether attached to a building or struclure or otherwise without the prior wrillen consent of the Architectural Control Committee.
Section 11. Conscrvation Easement. On lots where a conservation casement and/or a planted or natural buffer is located, no trees shall be cut except for the removal of dead or diseased trecs per Georgia's Forest Service's Best Management Practices. Septic drain ficlds and stormwater detention facilitics and drainage and utility casements are permitted in such areas.
Section 12. Conservation/Recrcation Areas (Commonly Owned). These areas shall remain as permanent open space for the use and benefit of the residents of Southwind Manor. A fifty foot (50') undisturbed buffer shall exist around the exterior line of the conservation area. In this buffer, no trees shall bo cut except for the removal of dead or discased trees per Georgia's Forest Service's
The Conservation / Recrcation Areas shall be classified and used in the following manner: (A) Recreation / Conservation Area A: This area contains the existing horse stables that will be remodeled as an open-air recreation pavilion. The pavilion may be used for picnics, basketball, mecting place, or such other uses as may be determined by the Board of Directors. All remodeling will be in accordancc with the Souther Building Code and applicable fire and cmergency protection regulations. This area may include a small parking area and tennis courts. The existing pond will be utilized as an amenity feature as well as a stormwater detention basin.
(B) Recrcation / Conservation Area B: This arca will be protected as a passive recreation area and will contain walking trails and seating areas. A stormwater detention arca is proposed for this area.
(C) Recrcation / Conservation Area C: This area is somewhat wet due to a wide drainage corridor and a high watertablc. Informal play fields may be located in this area. The southcastem comer will be occupied by a stormwater detention area and may be - developed into a constructed wetland if deemed appropriate by the Declarant or Board of Dircetors.
(D) Conservation Area D: This small area will act as permanent buffer providing privacy to the rear of the homes in the ncighboring Bradford Place Subdivision. No constructed amenity shall be located in this area.
Page 11 of 23
... ...
0000242
These areas shall be subject to a Conservation Easement as delineated in O.C.G.A. Ch. 4410, the Georgia Uniform Conservation Easement Act.
Section 13. Wheeled Vehicles. No wheeled vehicles of any kind whatsoever shall be permitted on the walking paths. Any person operating a wheeled vehicle on the walking paths shall be subject to being prosecuted for criminal trespass.
ARTICLE VIT
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owncr of a numbered Lot shall be member of the Association. If title to a Lot is held by more than one (1) person, each of such persons shall be members but each Lot shall be entitled to one (1) vote in the Association. Membership shall be appurtenant to the Lot and shall be transferred automatically by conveyance or transfer of the Lot.
Scotion 2. Amplification. The provisions of this Article are to be amplificd by the Articles of Incorporation and By-Laws of the Association, provided, however, that no such amplification shall substantially alter or amend uny 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 or Incorporation, or the By-Laws fo the Association, this Declaration, the Articles of Incorporation, and the By-Laws (in that order) shall prevail.
ARTICLE VIII
ASSESSMENTS
Assessments against the Lot Owners to pay the Common Expenses of the Property shall be governed by the following provisions:
Section 1. Liability. Each Lot Owner shall be liable to the Association for all sums as are lawfully assessed by the Association against the Lot Owner or the Lot or Lots in accordance with the terms and provisions of this Declaration, the Articles of Incorporation, and the 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 cach Lot Owner in accordance with the provisions of this Declaration.
Section 2. Creation of the Tien and Personal Obligation of Assessment. Each Lot Owner 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 the assessments which shall he fixed, established, and collected as hercin provided; however, nothing contained herein shall be construed to obligate Declarant or a builder to pay assessments on lots prior to the sale of a Lot to the Owner of the finished residence.
Page 12 of 23
U8C.24. L0US HU • VIVE
0000243
Section 3. Uniform Rate of Assessment. All annual assessments shall be fixed at a uniform rate for all Lots except as follows:
(A) Any common expenses benefitting less than all of the Lots may be specially assessed equitably among all of the Lots so boncfined, as detormined by the Board; and
(B) Any common expenses occasioned by the conduct of less than all of those entitled to occupy all of the Lots or by the licensees or invitees of any such Lot or Lots may be specially assessed against the Lot or Lots, the conduct of any occupant, licensee, or invitee of which occasioned any such common expenses; and
Any common expenses significantly disproportionately benefitting all of the Lots should be assessed equitably among all of the Lots as determined by the Board; and
(D) Lots owned by Declarant shall not be assessed prior to the sale of the Lots to third parties afer the dwelling is built thereon.
Nothing contained herein shall permit the Association to spocially or disproportionatoly allocate common exponses for periodic maintenance, repair, and replacement of any portion of the common area or the Lots which the Association has the obligation to maintain, ropair, or roplace.
Section 4. Purpose. Assessments shall be levied against the Lot Owncrs and the Lots to defray the common expenses of the Property. The common expenses of the Property shall be all of the cxpenditures which are made or incurred by on behalf of the Association in connection with the exercise of its powers and responsibilities, and shall include, hut not he limited to, the following:
(A) the management fee, if any, and cxpenses of administration of the Association;
(B) the expense of performing the maintenance and any nccessary restoration of roadway landscaping, stormwater detention structures, and/or stilling basins and associated easements;
(C) common 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) the expenses of porforming the maintenance, repair, renovation, restoration, and replacement work which is the responsibility of the Association hercunder;
(F) such other costs and expenses as may be determined from time to time by the Board of Directors to be common expenses;
Page 13 of 23
0000264
(G) the creation and maintenance of such reservc 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;
(H) payment of ad valorem taxes on the Common Areas: and
(J) all costs associated with the preservation and enforcement of the Conservation
Easement.
Section 5. Budget, 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 succecding fiscal year, which budget (I) shall estimate the amount of common cxpenses 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 Dircctors 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 he assessed against such Lot Owner for such fiscal year. Unless otherwise determined by the Board of Dircctors, such assessment shall be due on January 1 of each year. In addition, any fccs, charges, and other amounts payabic 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 ycar proves inadequale to defray the common cxpenses 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
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 votc of sevenly-five percent (75%) of the Lot Owners entitled to cast votes, to levy a special assessment for the purposc of defraying, in whole or in part, the costs of making repairs or replacements which are not provided for in the then current budget of the Association. Any such special assessment for the capital improvements and repairs shall be payable at such time and in such installments as the Board of Directors shall determine
Section 8. Collection. In addition to all other remedies provided by law, the Association may enforce collection of the asscssments 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
Page 14 of 23
.L.L ..VV
0000265
(A) In the event than any Lot Owner shall fail to pay within ten (10) days afer the same shall bo due, any amounts due and payable to the Association, such Lot Owncr shall be personally liable for the payment of, and shall pay, in addition to the amounts so due the Association:
a late charge equal to Ten Dollars ($10.00) or ton percent (10%) of the amount so due, whichever is greater; and
interest on the amount so due, and the aforesaid late charge appertaining thereto, from the date same were due an payable, at the ratc of ten percent (10%) per annum, until paid; and
(111) the cost of collection, including court costs, the expenses of sale, any expenses required for the protection and prescrvation of the Lot, and reasonable attomeằi 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 valuc 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 satisfied).
(B) 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 obligation of the Lot Owner and constitute a lien in favor of the Association on the lot prior and superior to all other licns whatsocver cxcept:
Liens for ad valorem taxes on the Lot;
(il) The licn of any first priority mortgage covering the Lot and the lien of any mortgage recorded prior to the recording of the Declaration;
(iii) The lien of any secondary purchasc moncy mortgage covering the Lot, provided that ncither the grantee nor any successor grantee of the mortgage is the seller of the Lot.
The recording of this Declertion shall constitute record notice of the existence of the lien and no further recording of any claim of lien for assessment shall be required.
(C) The rights of a Lot Owner, and all persons entitled to occupy the Lot of such Owner, to use the Common Elements shall be suspended for the period of time any amount due
Page 15 of 23
OU0024Sęłę
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 Tot Owner, or the occupants of any Lot, access to the Lot owned or occupied, nor cause any hazardous or unsanitary condition to exist.
Section 9. Fee for Statements of Amounts Due. The Association may require the payment of a fee, not to exceed Icn Dollars ($10.00) as a prerequisite to its issuance of any statement (except for the annual statement) pursuant to the Act or this Declaration
Section 10. Mandatory Fee. Each Lot Owner shall be required to pay an annual fee not to exceed Two Hundred Fifty Dollars ($250.00) for the first year of owncrship. This fee shall be prorated and shall be collected at the closing of the sale of the Tot. The annual fee shall be Two Ilundred Fifty Dollars ($250.00) per Lot until the common areas arc conveyed to the Association, which shall then establish its budget as provided above
ARTICLE IX
INSURANCE
Insurance (other than title insurance) which shall be obtained by the Association shall be governed by the following provisions:
(A) Types of Insurance: The Association shall obtain and maintain the following insurance policies:
(1) A multi-peril casualty insurance policy covering the Common Elements, providing, asa minimum, fire and extended coverage, vandalism, and malicious mischief, on a replacement cost basis in an amount not less than One Hundred Percent (100%) of the full replacement cost of the Common Elments. The name of the insured under such casualty insurance policy shall be stated as follows: "Southwind Property Owners Association, Inc. for the usc and bencfit of the individual Lot Owners in Southwind Manor, Oconee County, Georgiai The amount of coverage of such casualty insurance policy shall be readjusted by reappraisal or reevaluation of the insured property, not less frequently than once every five (5) years. Such casualty insurance policy shall contain the standard mortgagee clause which shall be endorsed to provide that any proceeds shall he paid to the Association for the use and benefit of mortgagees as their interest may appear.
(2) A comprehensive policy of public liability insurance covering all of the
Common Elements. Such liability insurance policy shall contain aẠseverability
of interest" endorsement which shall preclude the insurer from denying the claim of a Lot Owner bccause of the negligent acts of the Board of Directors. the
Page 16 of 23
WELL C
0000247
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 bc for at least Five Hundred Thousand Dollars ($500,000.00) for injury including death to a single person, One Million Dollars ($1,000,000.00) for injury or injuries, including death, arising out of a single occurrence, and Fifty Thousand Dollars ($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.
(3) Such other insurance policics as the Board of Directors shall deem desirable for the bencfit of the Association, its Officers and Directors, or the Lot Owners.
(B) 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 Instance Reports of Class A:VI or better and which is licensed to transact business within the State of Georgia
Minimum Qualifications of Insurance Policics. 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 madc against the owner of any Lot or the holder of any mortgage upon any Lot; (ii) not allow loss payments to be contingent upon any action by the insurance carrier's board of dirctors, policyholders, or members; (ui) not include any limiting clauses (other than insurance conditions) which
could prevent any Lol Owner or the holder of any mortgage upon any Lot from
collecting insurance proceeds; and (iv) contain or have attached a mortgage clause
which provides that the insurance carrier shall notify in writing all holders of first licn
mortgages on any of the Lots at least ton (10) days in advance of the effective date of any reduction in, canccllation of, 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 the Association may have in force on the Property at any particular time.
(D) 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 repairing, reconstructing, or rebuilding the portion of such Common
Elements so damaged or destroyed, as provided in this Declaration. If determination
is made 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
Page 17 of 23
0000248
insurance proceeds paid on account of the occurrence of such damage or destruction to such portion of Common Elements shall first be used to clean up and landscapc the Common Flements as necessary in view of the fact that such parl of the Common Elements is not to be repaired, reconstructed, or rebuilt, and the remaining insurance proceeds shall be disbursed to the Iot Owners proportionately, such disbursement to be made payable jointly to the Lot Owners and their mortgagees. Notwithstanding made payable intero d anything contained in this Declaration, the Articles of Incorporation, the Bylaws, 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 occurrencc of any fire or other casualty be
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 govered by the following provisions:
Section 1. Estimales of the cost of repair. As soon as practicable following the occurrence of any damage to, or destruction of, any portion of the Common Elements, the Board of Directors shall obtain reliable and detailed estimates of the cost of repairing and restoring such porlion of the Common Elements 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 seventy-five percent (75%) of the votes in the Association are allocated shall determinc within forty-fivc (45) days after the occurrence of the casualty not to repair. reconstruct, or rebuild
Section 3. Manner of Repair, Reconstruction, or Rebuilding. All repairs, reconstruction, or rebuilding to be made as a result of damage by fire or other 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 the
(B) All of the work of repairing, reconstruction, or rebuilding any portion of the Common
Elements, the damage to or destruction of which cause the payments of insurance
Pagc 18 of 23
0000249
bencfits 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 Dircctors 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 have been 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 to raisc the excess funds necessary to defray such cost.
ARTICLE XI
GENERAL PROVISIONS
Section 1. Fasements for Architectural Control Committee. There is hereby created in favor of the Architectural Control Committee, its members, agents, cmployees, and uny management company relained by the Architectural Control Committee, an easement to enter in or to cross over the Lots to inspect and to perform the duties of maintenancc and repair of the Lots, as provided for herein.
Section 2. Easements for Declarant. Declarant hereby reserves for himself, his successors and assigns, agents, employees, contractors, and sub-contractors, the following easements and right-ofway in, on, over, under, and through any part of the Property for so long as Declarant owns any Lot primarily for the purposc of sale:
(A) For the erection, installation, construction, and maintenance of wires, lines, and conduits and necessary or proper attachments in connection with the transmission of electricity, gas, watcr, tolcphone, television cables, and other utilities;
(B) For the construction of improvements on the lots:
(C) For the installation, construction, and maintenance of storm-water drains, public and private swers, and for any other public or quasi-public utility facility;
(D) For the maintenance of such other facilities and reasonably required, convenient, or incidental to the completion, improvement, and sale of Lots; and
(E) For use as a sales office, model lots, and parking spaces in connection with its efforts to market Lots
PẺZe 19 of 23
WEVEL. LUV
0000250
Section 3. Fasements forthc Association. There is hereby crcated in favor of the Association, its Board of Directors, its memhers, agents, employees, and contractors, an easement to cnter upon, enter in, and cross over the Lots for the purpose of providing the maintenance required by the Association in this Declaration.
Section 4. Enforcement. The Architectural Control Committee, the Association, or any Owner, including Declarant, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, rescrvations, easements, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failurc by any person to enforce any covenant or restriction herein contained shall in no cvent he deemed a waiver of the right to do so thereafter.
Scction S. Duration. The Provisions of this Declaration shall run with and bind the land and shall be and remain in effcct 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 thercby shall run and bind the land so long as permitted by such law and such provisions may be renewed or extended in whole or in part beyond the initial period permitted by such law for successive periods not to exceed the period permitted by such law provided such renewal or extension is approved by at least twenty-two (22) of the lot Owners. Every Purchaser or grantcc of any interest in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renced as provided in this Scetion.
Section 6. Amcndment. This Declaration may be amended unilaterally at any timc and from time to time by Declarant
(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) if such amendment is necessary to cnable any reputable title insurance company to issue title insurancc coverage with respect to the Lots subject to this Declaration,
(C) if such amendment is required by an institutional or govermental lender or purchaser of mortgage loans, including, for examplc, the Federal National Mortgage Association of Federal Home Loan Mortgage Corporation, to enable such lender or Purchaser to make or purchase mortgage loans on the Lots subject lo this Declaration, or
(D) if such amcndment is necessary to enable any govermental agency or reputable private insurance company to insure mortgage Joans on the Lots subject to this Declaration to the contrary herein, it is expressly provided that any amendment which adverscly affects the title to any Lot must be pproved by the Owner of such Lot in writing.
All Amendments other than thosc specified hereinabove shall be adopted as follows:
Page 20 of 23
we. • 66 .
000025.1
(A) At least seventy-five percent (75%) of Lot Owners shall be necessary to amend this
Declaration. Nolwithstanding anything to the contrary herein, it is expressly provided that any amendment which adverscly 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 either Lot Owner or Declarant.
Declarant, or the Association, may call a meeting of Lot Owners to consider such an amendment and shall be required to call such a meeting upon a petition signed by at least twenty-five percent (75%) of Lot Owners. If a meeting of Lot Owners is called to consider such an amendment, the time within which and the manner by which noticc of such mecting shall be given, the authorized use of proxies, and the quorum required for the transaction of business at such mecting shall correspond to the requirements for mectings of the Association
(C) The consent of the Lot Owners required to approve such amendments shall be obtained by affirmative vote, written consent, or a combination thereof. A meeting of the Lol Owners shall not be required in the event that the requisite approval of the Lot Owners is obtained by written consent.
No amendment to the provisions of this Declaration shall alter, modily, 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 wrillen 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 hercafter subject to this Declaration, by acceptance of a deed or other convcyance therefor, therehy agrees that this Declaration may be amended as provide din this Section. No amendment shall become effective until filed with the Clerk of Superior Court
Section 7. Interpretation. In all cases, the provisions sel 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 development. The provisions hereof shall be liberally interpreted and, if necessary, shall be so extended or enlarged by implication s to make them fully effective.
Section 8. Gender and Grammar. The singular whencver used hercin shall be construed to mean the plural when applicable, and the use of the masculine pronoun shall include the neuter and the feminine.
Section 9. Severability: Whencver possiblc, cach 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 Dealaration 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
Page 21 of 23
0000252
effect without the invalid provision or application, and to this end the provisions of this Declaration
are declared to be severablc.
Section 10. Captions. The captions of each Article and Section hereof as 1 the contents of
each Article and Section are inserted only for convenience and are in no way to be construcd as
defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section
to which they refer
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has exccuted this
instrument under scal this Sday of Moved 2003.
SOUTHWIND MANOR ENTERPRISES, INC.
Attest:_ Popy her haske
Signed, sealed, and delivered this SS day
of Nev - 2003, in the presence of:
Paula C wease
ne) CNares
NOTARY
- *
Page 22 of 23
... .....
0000253
EXHIBIT "A"
All that tract or parcel of land, situate, lying and being in the 22 1st District GM Oconee
County, Georgia, containing 69.846 acres, more or less, and being more particularly
shown on a survey entitled 'Survey for Darrell Sosbee and Roy Lee Sosbee", dated April
17, 2001 by Paul & Evans Land Surveying Inc. Gregory J. Evans, Registered Land
Surveyor and recorded in Plat Book 32, page 170 in the Office of the Clerk of the
Superior Court of Oconee County, Georgia reference to which is hereby inade for a more
particular description of the property herein conveyed.