Covenants
Book 1128 Page 358
31128760358
Section 10. Iime of Construction. Any
construction undertaken on any Lot shall be completed within
(1) year after commencement of construction, except that be extended by reason of act of God, labor the Owner's control. shall include installation approved thirty of de any Lot does not construction event after purchasing said Lot, the Developer shall have the right to upon said Lot to keep the Lot clean, grass cut and Lot orderly until such time as construction shall begin. This is undertaken by the Developer to insure that the Development always presents a neat and orderly appearance.
Section 11. Approved Builder.
shall be allowed to carry out construction within the Properties until the Builder has been approved by the ACC in of construction, for high quality design untruch other alders which the do send relevant t the approval or disapproval of a burider.
behalf af the Board of
promulgate and ' approved Builder Guidelines (hereinafter
Guidelines
Association, and the ACC shall have söle. and full authority amend them. The Guidetines shall be made available to owners and builders who seek to
construction Properties: The ACC upon: which
the authority to change such forms from
by the ACC shall be conditional and the sole discretion of the ACC, if the ACC determines there has been a change
which approval was granted.
ARTICLE IX
Use Restrictions
Section 1. Rules and Regulations. The Board of Directors of the Association shall have the power to formulate, publish and enforce reasonable rules and regulations concerning the use nd enjoyment of the Tennis Courts and Common Areas. Such rules and regulations, along with all policy resolutions and policy actions taken by the Baar d of Directors shall be recorded in the Book: of Resolutions, which shall be maintained in a place convenient to the Owners and available to them for inspection during normal business hours.
Page 15 of 24
29 Plus Exhibits A,B & C
BOOK 210 PAGE-
Book 1128 Page 359
3K1128/60359
Section 2. No Lot shall be used except for the private residential purposes of a single family. and no building shall be erected re-erected or maintained on a dwelling Lot except one dwelling designed for occupancy by a single family, together with such accessory buildings for use by a sinqle family as may be approved by the ACC. Notwithstanding the foregoing, Developer may use or permit the use of
speculation homes and/or as a sales office.
Section 3. papers ge - No Dwelling shall be constructed upon any Lot within the Existing Properties unless the minimum living drea caper
than Meren excluding basement area.
Section 4. It is the intention and purpose of these covenants consure that all construction shall be of a quality of design, workmanship and materials which ar e compatible and harmonious with the natural setting of the area the Properties:
eat Dwellings constro accordance witH applicable governmental codes and other restrictive standards as may be required by the ACC.
Section Building Height. No Dwelling shall be erected, altered or upon any Lot, which Dwelling is more than thirty-five (35) feet height as measured from the lowest livable floor to the highest point the roof line.
Section 6. Nuisaases. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No immoral, improper ' of offensive or unlawful use shall be made of any portion the property, and all valid laws, ordinances and regulations of all governmental agencies having jurisdiction shall be observed. Nothing shall be kept and no activity shall be carried on in any building or residence, or on any of the Common Area which will increase the rate of insurance applicable to other residential units. No Owner shall do or keep anything or cause or allow anything to be done or kept in his Dwelling or on the Common Area which would result in the cancellation of insurance on any portion of the Properties, contents thereof. No waste shall be committed pate her any port on on any portion of the Common Area or facilities situate thereon.
Section netshare
Moralennesofian ki
Fage 16 of 24
BOOK 210 PAGE 30 Flus Exhibits A,B & C
Book 1128 Page 360
31128760360
maintained or permitted on any part of the Froperties, except unsold residence for sale or display purposes.
habitual parking for commercial vehicles
garage, driveway or parking area on any Lot or portion of the Common Area is prohibited. "Commercial
station-wagons,
equipment which bear signs or have printed thereon any reference to any commercial undertaking or enterprise and having more than six (6) wheels or three (3) axles.
Temporary_. -_Structures.
structure of a temporary character, including but not limited trailers, tents, shacks and mobile homes shall be placed prohibition shall not apply to by contractors the construction of Dwellings. No temporary building a residence, either temporary or permanent.
Livestock and Poultry.
animals, livestock or poultry of any kind shall be maintained except that not more than med ber mainta editor any providet purpe are, ervend further, that they shall not constitute
unsanitary conditions. All animals must be confined to their Owner's Lot, unless a leash garrow No animal or classified by the State of Georgia
City of Winder as being a dangerous animal or dangerous dog shall be permitted on any Loti
Section 10. Reşubdivision. No Lot shall be resubdivided or reduced in size without written consent of the ACC.
pregpasgtsts No outside erected on the Properties. Cable T.V. is
_ the ACc each temporary T.V. antennae. If temporary construction:- V. antennae is permitted, it shall be removed once Cable is provided to the Lot or as directed
Parking.
parked in garages, carports or
commercial vehicles, trucks, baats, buses, trailers, camping trailers, motor homes recreational vehicles prohibited
rights-of-way in or adjacent to the Properties. disabled vehicle shall be parked on the Properties for more than 48 hours.
Fage 17 of 24
BOOZ 210 PACE 31 - Plus Exhibits A,B & C
Book 1128 Page 361
3K1128:60361
Section 13. Plants and Irees.
or hereafter located maintained
Association, may not be removed except by permission of the
planted upon the common areas without written
the ACC, except by the Developer to enhance
benefit of the Existing Properties.
Section 14. Mailboxes. Mailboxes and receptacles for the delivery of newspapers shall be uniform to match the ones in unit one and unit two. No other type of mailbox or newspaper receptacle shall be permitted.
displayed upon any Lot other Sthan a sign identifying the name of the contractor during construction a dwelling or the developer of the Properties, provided
design criteria of the ACC and does not exceed six (6)
feet in area, and provided, than any mortgagee who may become the Owner of any Lot may place "For Sale" sign or unoccupied Lot, provided that the design, and size of sign shall have been approved by
eade in the level Drainage Ditches.
any drainage ditch in the Properties without prior written approval of the of any Lot which adjoins a drainion of such drainage ditch, detention
contiguous to his Lot in clean condition, depth and grade of such drainage ditch, detention pond or
Section 17. No Dwelling shall be located on any Lot which transgresses the front setback line as recorded. The location of any Dwelling on any Lot shall be approved by the ACC.
Section Maintenance. Each Owner shall be responsible for the maintenance his
improvements thereon. If, in the opinion of the Board of
Page 18 of 24
32 Plus Exhibits A, B & C
BOOK 210 PAGE
Book 1128 Page 362
JK1128:60362
Directors of the Association, any Owner fails to maintain his yard residence orderly manner, Association may provide such maintenance as may be reasonably necessary, and the costs thereof shall be added to and become part assessment to which such Lot is subject.
Section 19. Good Cents Homes. All residences exceed the Georgia Fower Company's Good Cents home program. This includes both the thermal package and the HVAC requirements. Natural gas equivalents of the above requirements are also acceptable.
Section 20. or 69e carenst y
ar age
No builder, contractor con Pacto contractor subcontractor Construction. or ny other any trees, limbs, building materials
inert materials upon any lot within the Properties during the time of construction
sufficient waste receptacles to allow all above materials to be removed from the Froperty.
ARTICLE X
Easements
Section Orant to Developer. Landowner hereby grants unto Developer, his successors and assigns, for public agencies in ection with the ty companies and connection development Properties the following rights in the Properties:
within ten (10) feet of the boundaries of any Lot
maintenance of utilities construction, drainage facilities, including installation under the ground, as well
ground, for the purpose of serving the Properties with water, telephone, electricity,
burglar and fire alarm protection systems and other utility
Within these easements, no structures, planting or other materials shall be placed or permitted to remain which interfere with the installation and maintenance utilities, change the direction of flow of drainage channels and easements, or may obstruct or through drainage channels
(b) A non-exclusive easement in favor of the Developer, his successors and assigns, for the construction of improvements upon the Properties, and for exhibition and
33 Fage 19 of 24
BOOI 210 PAGE Plus Exhibits A, B & C
Book 1128 Page 363
sale of such improvements.
Section 2. Common_Area. The Association shall have the power and authority to grant and establish in, over, upon and across any Common Area conveyed to it, such further easements as may be requisite for the convenient use and enjoyment of the Properties.
Section 3. Encroachments. All Lots and the easements
encroachment the extent that such initial improvement encroach, including, without limitations, overhanging eaves, gutter, downspouts, exterior rooms, walls, fences, streets and sidewalks.
hereafter as a result of settling shifting or any improvements,
permissible construction, reconstruction alteration, or as a result of condemnation or eminent domain proceedings, a valid easement is hereby declared to exist for
shall be subject to an easement for entry and encroachment by the Developer for a period not to exceed eighteen (18) months conveyance such Lot to its original owner for correcting problem which may arise regarding grading and drainage. The Developer,
shall restore the affected Lot or Lots to as near the original condition as practicable.
ARTICLE XI
Indemnification
Notwithstanding the duty
maintain the Common Area, the Association shall not be liable injury or damage caused by any latent condition in any portion thereof, nor or director of the Association be liable to any Owner or other person for injury caused by such officer director in performance of his or duties, unless for the same shall to the willful misfeasance or malfeasance easector of une Association shall be indemnified by the Association against liabilities, including attorney's reasonably any proceeding to which he or she may be in which he or she may director reason of his or
of the Association, or any settlement, whether or not such person is an officer or director of the Association the time such expense liabilities are in such cases where the officer or director is adjudged guilty of misfeasance or malfeasance in the performance of his or her duties.
settlement, indemnification shall apply only when the Board of Directors of
Page 20 of 24
800% 210 PAGE 34 Plus Exhibits A, B & C
Book 1128 Page 364
BK1128:60364
settlement and reimbursement as being in the best interest of the Association.
ARTICLE XII
General Provisions
Section 1. Application. A1 1 Owners, employees of Owners, tenants or other persons who may, in any manner, use the Froperties or any portion thereaf shall be subject to the provisions hereof, and to the provisions of the Bylaws of the Association.
Section 2. Enforcement. The Association, the Developer or any Owner shall have the right enforce, proceeding at law or in equity, all restrictions, conditions, covenants, reservations, charges now or hereafter imposed Declaration. Failure by the Association, the Developer or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. is brought to enforce any of the Declaration, the party bringing action shall be entitled to recover from
all costs of the action, and a reasonable attorney's fee.
Section S. Severability. Invalidation of any one of these covenants and restrictions, by judgement or chairman orce and effect. shall in no wise effect any other provisions,
Section 4. Notices. Any notice sent or required to be sent to any Member or Owner or to the Association under the provisions of this Master Declaration shall be deemed to have been properly given when mailed, postage prepaid, to the last known address shown on the books of the Association for such addresses at the time of mailing.
Duration.
restrictions of this Master Declaration shall run with the land, bind the land and shall inure to the benefit of and be enforceable by the Association, the Developer, or any Owner, their respective legal representatives, heirs, successors and for a period of twenty (20) years from the date this Master Declaration is recorded, after which time they shall automatically extended for successive periods of ten (10) unless an instrument signed by the then-Owners of not less than ninety percent (90%) of the Lots has been recorded, abrogating said covenants restrictions; ecovided, however, that no such amendment or change shall be effective unless made and recorded at least sic (6) months in date of such change, and unless written notice of the is sent to every
Page 21 of 24
800K 210 PAGE 35 Plus Exhibits A, F & C
Book 1128 Page 365
K1128FG0365
Owner at least ninety (90) days in advance of any action taken.
Section Amendment. Except as herein provided, the Association shall have the power to amend this Master Declaration, by vote of two-thirds (2/3) of the number of the total members of the Association.
Modification. a recorded supplemental declaration, the Developer may amend this Master Declaration without the consent of the Owners to correct any drafting, typing or reproduction. The Board of Directors of the Association may, by supplemental declaration, modify any of the provisions of Article VIII hereof, except Section 6. of Article VIII, with rifficulties or particular hardships whiesotherwise rautd de practical
Any such deviation, which shall be manifested supplemental
constitute a waiver of any such covenant as to any other Lot the Froperties.
shall be leased for Lease of Dwelling. No Dwelling transient or hotel purposes, nor may any Owner lease less than his entire Dwelling.
provide that the terms of the lease and the occupancy of the Dwelling shall be subject in all respects to the provisions of this Master Declaration of the Bylaws
Incorporation, and that any failure by any lessee to comply with
constitute a default of such lease.
-lability___Insurance.
shall obtain and maintain a broad form public all of the Common Area damage or injury caused by the negligence of Association any of its agents, officers or employees, in an amount of not less than and no/100 Dollars ($1,000,000.00) for each occurrence, and such policy shall subrogation
Association, its members, officers, agents or employees.
Eidelity-_Bonds. The Association shall maintain blanket fidelity coverage against dishonest acts by officers, directors, gents and employees, and other persons handling or responsible for funds of or administered by the Association. Such fidelity bonds shall:
(a) name the Association as an obligee; (b) be written in an amount equal to at least One Hundred Fifty percent (150%) of the estimated annual budget of the Association, including reserves;
36 Page 22 of 24
BOOK 210 PAGL - Plus Exhibits A, B & C
Book 1128 Page 366
JK1128P60366
(c) contain waivers of any defense based upon exclusion of persons who serve without compensation from any definition of "employee' or similar expressions; nd
(d) provide that they may not be cancelled or substantially modified (including cancellation
payment of premiums) without at least 10 days' prior written notice to the Association.
Similar bonds shall be required covering any management agent employed by the Association for such agents, officers, employees and agents handling responsible for funds of or administered on behalf of, the Association.
Section Waiver. No provision hereof shall have been deemed abrogated or waived by reason of any failure to enforce the same, regardless of the number of violations or breaches which may occur.
Section 12. Litigation. No judicial or administrative proceedings shall be commenced or prosecuted by the Association unless approved by a vote of two thirds (2/3) of the votes of each class of membership. This section shall not apply, however, to:
(a) Actions brought by the Association enforce the provisions of this Master Declaration (including, without limitation, the foreclosure of liens);
(6) Imposition and collection of assessments as provided hereinabove;
(c) Froceedings involving challenges to ad valorem taxation; and
Counterclaims brought by the Association in proceedings instituted against it.
In the event of any irreconcilable conflict this Master Declaration and the Bylaws or Articles of Incorporation, the provisions
Declaration shall control. In the event of ny irreconcilable conflict between the Articles of Incorporation the Association, and the Bylaws of the Association, provisions of the Articles of Incorporation shall control.
Section Sender and Number. All pronouns used herein shall be the masculine, the feminine and non-personal entities, as as the singular and plural wherever the context provides or permits.
Page 23 of 24
BOOK 210 PAGE 37Plus Exhibits A,B & C
Book 1128 Page 367
3K1128P60367
1076170197 0050 0
SAINT IVES - UNIT THREE
Book 1128 Page 368
JK1128F60368
IN WITNESS WHEREOF, James P. Hoover and James M. Jett, has caused this Master Declaration to be executed by its duly
authorized owners on this the _295 •_ day Ot NOVEMBER___-__, 2015
signed, sealed and delivered this
_ 22-h hday ofNOVEmBER, 2005
in the presence of: James P. Hoover
_Bantly - Jane M jell Jotary Publi James M. Jett
Book 210 Page 15
STATE OF GEORGIA MASTER DECLARATION OF
COVENANTS, CONDITIONS AND COUNTY OF BARROW RESTRICTIONS---SAINT IVES
MASTER DECLARATION OF COVENANTS, CONDITIONS RESTRICTION, made on the date hereinafter set forth by DAHCO Enterprisem Incorporated, d/b/a Saint ferr Development, hereinafter
Corporation,
'Developer,"
WITNESBETH THAT:
WHEREAS, Developer is the owner of certain property in Barrow County, Georgia, particularly described Article II, Section 1 hereof; and
WHEREAS, pursuant to said Memorandum,
to develop upon the property described hereinabove development to be known as " Saint consisting of well-planned residential lots, public open spaces and other private common areas and advantage of Developer and each and every owner who shall acquire title to any portion of the property described hereinafter; and
WHEREAS, the Developer has deemed it desirable for the efficient preservation,
property described hereinafter to create
be delegated and assigned certain powers of maintaining and administering the Froperty described hereinafter, and Restriction, collecting and expending for the
described; and
WHEREAS, it is in the interest and to the advantage of the Developer and to each person, corporation, partnership or other entity which acquire title to any Lot within the Properties that certain covenants, conditions restrictions imposed the property described
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that Developer hereby declare that all
described
conveyed and occupied subject to the easements, restrictions, covenants,
conditions
1 five it the prop to deceived here for the desirability persons having or hereafter any right,
Page 1 of 24
BOOK 210 PAGE 115 Plus Exhibits A, B & C
Book 210 Page 16
interest in the described properties, or any part thereof. their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
Definitions
The following words when used in this Declaration, or any supplemental terms' declaration,
Master
have the following meanings:
"Association" shall mean and refer to Saint Ives Homeowners' Association, Inc., a Georgia nonprofit corporation, its successors and assigns, which has for common property and/or facilities which are used exclusively by the members of the residential association.
Section 2. "Common Areas" shall mean and refer to al 1 real property, including the improvements thereon, owned by the Association for the common and exclusive use and enjoyment of the owners by the Association at the time of the conveyance of the first lot is described on Exhibit A hereof. Said common areas are to include but not limited to the entrance way and landscaping, recreation areas and culdesac islands.
Section 3. "Developer" shall mean and refer to DAHCO Enterprises Incorporated, d/b/a Saint Ives Development or any entity who succeeds
Developer in the Memorandum of Option. Any such person or entity shall be entitled to exercise all rights the powers conferred upon Developer by this Declaration, Bylaws of the Association.
Section 4. "Dwelling" shall mean any building located on a dwelling lot and intended for use as housing for a single family.
Section 5. "Land Segment" shall mean and refer a parcel of property subject to this Declaration which is held for the purpose of development into two or more units.
Section 6. "Land Segment Owner" shall mean and one or more persons or entities,
who hold record title to any Land Segment and who deemed to own as are shown on any platted map.
Section 7. "Living Area" shall mean the heated area of a dwelling calculated from the exterior dimensions of such dwelling.
800K 210 BAGB 126 Plus Exhibit ,B 4 c
Book 210 Page 17
Section 8. "Living Unit" shall mean and refer any portion of a structure situate upon the Froperties designed and intended for use and occupancy as a residence by a single family.
Section 9. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision plat of the together with the improvements thereon, with the exception of common Area, and areas lying when road rignes
"Owner" shall mean and refer to the refer simple, whither it one of note herses or entities the but a part
Properties, including contract sellers,
an interest merely as security for the performance of an obligation.
"Properties'
Section 1 he this Hate Declared and heroinester be and to such additions thereto as may be made subject the jurisdiction of the Association.
"Recreation Area" shall mean area provided for the tennis courts, parking area, and other areas designated by the Developer. The Association shall have the rights to expand the recreation area activities as provided hereinafter.
Section 13. mean and refer to one or more o one an or satan or a co do to the other ey persons not all so related, together with his or their domestic servants, maintaining a common household.
Section 14. "Story" shall mean and refer to that portion of a dwelling included between surface any floor and the surface of a floor next above, or if there is no floor above, the space between the floor and the ceiling next above,
"Structure" shall mean anything prected or constructed, temporarily or permanently in or upon the ground of any Lot.
Section 16. "Voting Member" shall mean and
Developer, as
in each Neighborhood who shall be responsible for the election of directors, amending
Declaration, the Articles of Incorporation
other matters provided for in this Master The Voting Member from each Neighborhood shall officer from that
Page 3 of 24
Plus Exhibits A, B & C
BOOK 210 PAGE 2 C
Book 210 Page 18
alternate voting member shall be the next most senior officer, unless otherwise provided this Master Declaration.
ARTICLE I
Property Subject to This Deciaration
ang_Agditions Theretg
Existing__Propecty,
and shall held, transferred, sold, conveyed and occupied subject to this Master Declaration is decated Barrow County, beorgia: more particularly attached hereto and made a part "Existing property."
Additions to Existinenis Property Additional subject
Declaration in the following manner:
Additions in Accord with General Plan of • Develeement The Developer, his respective successors have the right to bring within the scheme of
stages of the development, provided that additions are the General Plan of Development prepared by the Developer and which is available for inspection in the pevelterested perditions Such General Plan of
additional deveroment stages and proposed and indication of the size location
uses in each!
(11) the approximate size and location of Common Area proposed for each stage:
(iii) general nature of any proposed common facilities and improvements:
Unless otherwise stated therein, the General Plan of Development shall not bind the Developer, his respective
additionent of the land shown thereon. additions, in any subsequent additions authorized under this and the succeeding subsection shall be made by filing of record supplemental declaration the additional proteity which shhis exter Declaration of the covere and the scheme of the covenants and restrictions
Page 4 of 24
BOOK 210 PAGE 118 • Plus Exhibits A, B & C