Covenants
DOC # 004648
FILED IN OFFICE
2/17/201 4 pG: 2-19 11:00 AM BK: 1256
ANGELA ELDER-JOHNSON After Recording, Return to: CLERK DF SUPERIOR
COURT
ABE Consulting, Ine. DCONEE COUNTY
2410 Hog Mountain Road
Suite 103
Watkinsville, GA 30677
(706) 613-8900
STATE OF GEORGIA
COUNTY OF OCONEE
DECLARATION OF RESTRICTIONS
AND
PROTECTIVE COVENANTS FOR WILDFLOWER MEADOWS
12-+THIS DECLARATION OF PROTECTIVE COVENANTS, made and published this the day of Sept. _, 2014, by ELLINGTON FARMS DEVELOPMENT PARTNERS,
LLC, hereinafter referred to as the "Declarant."
WITNESSETH:
THAT WHEREAS, said ELLINGTON FARMS DEVELOPMENT PARTNERS, LLC is the owner of that property shown on that certain plat entitledạFinal Plat For: WILDFLOWER
MEADOWS S/D Phase 1ạ dated May 21, 2014, revised July 29, 2014, prepared by ABE
Consulting, Inc., certified by Stacy C. Carroll, Georgia Registered Surveyor No. 2729
(hereinafter, the "Plat"), and being recorded in Plat Book 38, Pages 85-9Q in the Office
of the Clerk of the Superior Court of Oconee County, Georgia (hereinafter, the "Property" or the
"Subdivision"); and
WHEREAS, it is to the interest, benefit, and advantage of said Declarant and to each and
every person who shall hereafter purchase any numbered lots within the Property, 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 and title to the Property; and
Bk =1256 P G :: 3 WHEREAS, the said Declarant hereby specifically declare these Protective Covenants to be and made applicable to, and only to the Property; provided, however, that nothing contained herein shall prohibit Declarant, or any successor Declarant, from submitting additional phase or phases to this Declaration;
NOW, THEREFORE, for and in consideration of the premises and of the benefits to be derived by Declarant and each and every subsequent owner of any of the numbered lots within the Property, said Declarant do hereby set up, establish, promulgate and declare the following protective covenants to apply to each and all of the numbered lots within the Property, and to all persons owning said lots, or any of them hereafter; these protective covenants shall become effective immediately and run with the land and shall be binding upon all persons claiming any such numbered lot (hereinafter "Lot" or "lot") under and through Declarant until 25 years from the date of recording of these protective covenants at which time said covenants may be extended or terminated in whole or in part as hereafter provided, to-wit:
1. LAND USE AND BULDING TYPE. No lot shall be used, except for residential purposes. Provided, however, in the event a single family residence is maintained as a model home for the purpose of marketing single family residences for sale on the subject property, said maintenance of a model home shall be a permitted use.
No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling, constructed and maintained for the use and occupancy of a single family unit and private garage for not more than three cars and other outbuildings customarily used in connection with and incidental to a single family dwelling.
2. ARCHITECTURAL CONTROL. No Residence, building, fence, wall, road, driveway, sidewalk, parking area, tennis court, swimming pool or other structure or improvement of any kind shall be erected or placed on any lot until the plans
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and proposed location on the lot shall have been approved in writing by the Architectural Control Committee. A site plan showing location of the structure must be approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the front line of the house, unless similarly approved. No fences shall be erected within 25 feet of any side, front, or rear lot lines without prior written approval from the Architectural Control Committee.
3. DWELLING COST, QUALITY AND SIZE.
a. All one-story dwellings must contain a minimum of 2400 square feet of heated interior space and all two-story dwellings must contain a minimum of 2600 square feet of heated interior space.
b. Each residence and other structures shall be constructed only of materials, and in colors, approved in writing by the Architectural Control Committee with the exterior of the residences being brick, stone or siding.
4. BUILDING LOCATION. No building shall be located on any lot nearer to the front line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. No building shall be located nearer than 15 feet to an interior lot line. No dwelling shall be located on an interior lot nearer than 40 feet to the rear lot line. For the purposes of this covenant, eaves and steps shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building to encroach upon another lot.
5. COMMENCEMENT OF CONSTRUCTION/CONTRACTOR APPROVAL. A
lot owner shall commence construction of a single-family residence on said
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owner's lot within two years of the date of the purchase of same. The contractor chosen by a lot owner for construction shall be subject to the approval of the Architectural Control Committee. No owner shall be permitted to act as his own builder or contractor, for the exterior of any structure except where such owner obtains his income primarily from the construction of the type of structure to be constructed within the subdivision, and otherwise meets the qualifications for approval by the Architectural Control Committee.
6. GARAGES. There shall be no garages which front on a street, except in the case of corner lots. In that event, the location of the garage shall be subject to the approval of the Architectural Control Committee. No outbuildings shall be permitted without the approval of the Architectural Control Committee. An outbuilding shall not be approved unless said outbuilding is of the same style and quality as the single-family residence located on the property where the said outbuilding is proposed to be located.
7. Intentionally Deleted.
8. FENCES. No fences shall be allowed except chainlink fences with black coating no greater than five (5) feet high. No fences shall be allowed in front or side yards.
9. MAILBOXES. The Architectural Control Committee shall have the right to approve the location, color, size, design, lettering, type of material, and all other particulars of mail and newspaper boxes, if any, and of name signs on such boxes, as well as property identification markers and decorative hardware, whether attached to such mall-box, to any structure within the Lot or affixed or erected upon the grounds of the lot.
10. 11. 12. 13. BK. 1 2 56 F•G :6
LANDSCAPING AND TREE REMOVAL. An owner shall have the right to remove live trees for the sole purpose of constructing the dwelling and improvement in compliance with the approved construction plan and site plan described above. All other removal of live trees shall be subject to the approval of the Architectural Control Committee. All front yards shall be sodded and shall have underground irrigation systems sufficient to provide water to the aforementioned sodded areas. The aforementioned sodding and irrigation shall be completed within 180 days from the completion of the construction of the single- family residence located on a lot.
EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. All electrical service, cable television and telephone lines shall be placed underground and no exterior pole, tower, antennae for any purpose shall be erected. Further, the design, type, location, size, color, and intensity of all exterior lights shall be subject to control by Architectural Control Committee and only such exterior lighting as shall have been approved in writing by the Architectural Control Committee shall be installed or used on any lot.
NUISANCES. 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.
TEMPORARY STRUCTURES. No structures of a temporary character, trailer, basement, tent, shack, garage, detached carport, or other outbuilding shall be used on any lot at any time as a residence temporarily or permanently. Provided, however, during the construction of dwellings on the subject property, construction trailers may be maintained.
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OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon any lot; and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on, upon, or in any lot.
No exposed above ground tanks will be permitted on any lot for the storage of fuel, water, or for any other use. Television "dish" antennas shall not be permitted in the front yard of any lot and shall not be visible from the front yard of any lot. Antennas on a corner lot are required to be shielded from view from the side street. In any event, if antennas are allowed, they can only be placed in the rear yard, must be shielded from view, and must be approved by the Architectural Control Committee.
SIGNS. No sign 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 to advertise the property during the construction period.
LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purposes.
GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or waste. All incinerators or other equipment for the storage or disposal of such material are prohibited.
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SEWAGE DISPOSAL. No individual sewage-disposal system shall be permitted on any lot, unless such system is designed, located and constructed in accordance with the requirements, standards, and recommendations of the Georgia Department of Public Health. Approval of such systems as installed shall be obtained from such authority.
RESTRICTED ACTIVITIES. The following activities are prohibited within the Property unless expressly authorized by the Declarant or its designee:
a. Parking of any vehicles on streets or thoroughfares, or parking of commercial vehicles or equipment, trucks other than pickups, mobile homes, recreational vehicles, campers, boats and other water craft, trailers, stored vehicles or inoperable vehicles in places other than enclosed garages, driveways, or other paved parking areas located on a lot; provided, construction, service and delivery vehicles shall be exempt from this provision during daylight hours for such period of time as is reasonable necessary to provide service or to make a delivery to a Lot or the Common Areas; if the Lot includes a garage with exterior doors, the doors shall be kept closed at all times, except during times of entry, an exit from said garage, or when someone is working in or around said garage. No vehicle may be left upon any portion of the subdivision, except in a garage or other area designated by the Declarant, for a period longer than five (5) days if said vehicle is unlicensed, or if said vehicle is in a condition so that it cannot operate on public streets. After the five (5)
day period, the inoperable vehicle shall be considered a nuisance and may be removed from the subdivision. No mobile homes, recreational vehicles, campers, boat, towed vehicle, water cart, or trailer shall be temporarily kept or stored in the subdivision for a period in excess of twelve (12) hours unless
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kept in a garage or other area designated by the Declarant. Trucks with mounted campers which are a Lot owner's primary means of transportation shall not be considered a recreational vehicle, provided said vehicle is used on regular basis for transportation, and the camper is stored out of public view upon removal from said truck. No eighteen-wheel (18) trucks shall be parked, parked overnight, kept, or stored in the subdivision, and if a vehicle of said type is so parked, kept, or stored, then said vehicle shall be considered a nuisance and may be removed from the subdivision. However, service vehicles may be parked in the subdivision for such period of time as is reasonably necessary to provide such service.
POOLS AND POOL COVERS. No pool covers shall be permitted which are higher than six inches above the swimming pool deck except by written authorization from the Architectural Control Committee. All swimming pools must be constructed below ground level with the same setback requirements as dwelling and other improvements and be located so as to provide minimal visual impact to surrounding properties and streets. All pool equipment, including but not limited to pumps and filters must be sited where it will not cause a nuisance to neighbors and be screened from view. A fence, a maximum of six (6) feet in height and capable of being locked, shall surround all swimming pools.
SIGHT DISTANCE AT INTERSECTION. No fence, wall, hedge, or shrub planting which obstructs sign lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The
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same sight-line limitations shall apply on any lot, which is within ten feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstructions of such sight lines.
23. ARCHITECTURAL CONTROL COMMITTEE.
a. b. c. Membership The Architectural Control Committee (the "ACC") is composed of Declarant and any individual or individuals appointed by Declarant (although nothing contained herein shall require Declarant to so appoint any other individual or individuals to the ACC). In the event of death or resignation of any member of the ACC, the remaining member(s) shall have full authority to designate a successor. Neither the members of the ACC nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. The ACC shall have the right to grant variances to these covenants provided that said grant is in writing and signed by a majority of the ACC.
Procedure. The ACC's approval or disapproval as required in these covenants shall be in writing. In the event the ACC, or its designated representative, fails to approve of disapprove within 30 days after the plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.
Right of Inspection. The ACC, its agents and representative, shall have the right during reasonable hours to enter upon and inspect any Lot and
d. e. P•K =1256 PG =11 improvement thereon for the purpose of ascertaining whether the installation, construction, alteration or maintenance of any improvement or the use of any Lot or improvement is in compliance with the provisions of this Declaration;
and the ACC shall not be deemed to have committed a trespass or other wrongful act solely by reason of such entry or inspection.
Violation. If any improvement shall be erected, placed, maintained or altered upon any Lot, otherwise than in accordance with the plans and specifications approved by the ACC pursuant to the provisions of this Article, such erection, placement, maintenance or alteration shall be deemed to have been undertaken in violation of this Article and without the approval required herein. If in the opinion of the ACC such violation shall have occurred, the ACC shall be entitled and empowered to enjoin or remove any such construction, and take other action permitted by the By-Laws of the Association. Any costs and expenses incurred by the ACC in enjoining or removing any construction or improvements shall become a lien against the Owner's Lot in accordance with Section 25. Additionally, the ACC shall be entitled to pursue all legal and equitable remedies.
Fees. The ACC may impose and collect a reasonable and appropriate fee to cover the costs of inspections performed pursuant to Section 23.c hereof, which such fee will be paid out of regular or special assessments established per Section 25 hereof. The fee shall be established from time to time by the Architectural Control Committee.
24. HOMEOWNER'S ASSOCIATION. Every Owner of a Lot in WILDFLOWER MEADOWS shall be a member of the homeowners association to be formed at or before the time in which Declarant shall relinquish control of the subdivision to
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an association. If title to a Lot is held by more than one person, each of such persons shall be members. Membership shall be appurtenant to the Lot to which it appertains and shall be transferred automatically. Notwithstanding the above, each Lot shall be entitled to one (1) vote in the Association once formed.
The provisions of this Article are to be amplified by the Articles of Incorporation and By-Laws of the association, once formed, 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 By- Laws of the Association, this Declaration and the Articles of Incorporation (in that order) shall prevail.
25. ASSESSMENTS. Assessments against the Lot Owners shall be made to raise funds to pay the common expenses of the Property, and contribute a pro rata share of the maintenance of the common areas of WILDFLOWER MEADOWS and shall be governed by the following provisions:
a. Liability. Each Lot Owner shall be liable to the for all sums as are lawfully assessed by Declarant (if prior to the formation of the association and during the period in which Declarant shall choose to make assessments) or to the Association, once formed, against each Lot Owner in accordance with the terms and provisions of this Declaration and Articles of Incorporation and By- Laws. In addition to exercising the remedies provided for herein, Declarant or the Association, as the case may be, 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 Declaration. The assessments will commence as to each Lot on the first day of the month following the earliest to occur of the
b. c. BK = 1 256 PG = 1 3 following events: (i) upon the occupancy of a permanent dwelling located on a Lot as a residence; or (ii) upon the sale and conveyance of a Lot by a builder who previously has purchased the Lot from Declarant (as successor Declarant as the case may be) for the purpose or erecting a dwelling thereon to a Lot Owner or tenant for residential occupancy. For the avoidance of doubt, neither the Declarant nor any builder who has purchased a Lot from Declarant (or successor Declarant as the case may be) for purposes of erecting a dwelling thereon shall be subject to assessments; assessments will commence as to each Lot owned by Declarant or a builder upon the occupancy of a permanent dwelling located thereon as a residence. For the calendar year in which a sale of a Lot with dwelling is closed, the assessment charge shall be prorated as of the date of Closing. Nothing contained herein shall prohibit or prevent Declarant from charging an initial reserve or capital assessment in addition to any regular assessments at time of Lot closing.
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 Declarant or the Association, as the case may be, assessments 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 owned by Declarant (or affiliates of Declarant) prior to the sale of said Lots.
Uniform Rate of Assessment. All annual assessments shall be fixed at a uniform rate for all Lots.
d. e. BK :1256 PG :: 14 Purpose. Assessments shall be levied against the Lot owners and the Lots to defray the common expenses of the Property. The common expenses of the Property shall be all of the expenditures which are made or incurred by or on behalf of the Association in connection with the exercise of its powers and responsibilities, and shall include but not be limited to the following:
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;
iii. 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 be determined from time to time by the Board of Directors to be common expenses;
v. In the event that the Association fails or defaults on tax liabilities and maintaining the Stormwater Management Area Outlots or common areas within the subdivision, each Lot Owner will be responsible for paying the pro-rated fees as required for grounds, common structures and Stormwater Management Area maintenance and paying local, federal and federal taxes and fees associated with the common areas such as the common elements within the subdivision; and 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.
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i. 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, and 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 greater;
2. interest on the amount so due, and the aforesaid late charge appertaining thereto, from the date same were due and payable, at the rate of ten (10%) percent per 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 attorney's fees actually incurred; and
4. in the event the Association shall seek to foreclose its lien on the Lot of such owner, the fair rental value of the Lot from the time of the institution of suit until sale of the unit at foreclosure (or until the judgment rendered in such suit is otherwise satisfied).
iii. All sums lawfully assessed by Declarant or the Association, as the case may be, against any Lot Owner, 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
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services rendered by Declarant or the Association, as the case may be, 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 liens whatsoever except:
1. 2. 3. Liens for ad valorem taxes on the Lot;
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 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 be required.
f. iv. 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 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.
Funding by Declarant at Relinquishment of Control. Notwithstanding Section 25 a. to the contrary, at the time Declarant turns over control of the association
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management to the Association, Declarant shall cause the association to have funds on hand sufficient for a minimum of one year's funding of the maintenance expenses of the common elements of the Subdivision, including the Stormwater Management Area Outlots. The amount of the reserve funds shall be based on reasonable and normal costs associated with operation and maintenance of the common elements and the Stormwater Management Area Outlots. However, in lieu of reserve funds, Declarant may execute documents and contract agreements committing Declarant to pay for all the Association's minimum operations and maintenance for such one year period. The amount of commitment by Declarant shall be equal to the one year required operations and maintenance cost minus the amount that has been collected by the Association or the Declarant for the purpose of reserve funds associated with the maintenance and operations of the common elements and the Stormwater Management Area Outlots.
26. INSURANCE. 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;
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 Association, the Board of Directors, the officers of the Association, all agents and employees of the Association and all
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unit owners and other persons entitled to occupy any Lot or other portion of the Property, shall be for at least $500,000.00 for injury including death to a single person, $1,000,000.00 for injury or injuries, including death, arising out of a single occurrence and $50,000.00 for property damage, with a cross liability endorsement to cover the Lot Owners as a group and shall include protection for damage to the property of others.
AMENITY AREA(S). Any lot, tract or parcel of land designated as "Open" or "Amenity Area" on the Plat, or any lot, tract or area hereafter identified by Declarant as such, shall be maintained by the Association.
STORM WATER DETENTION AREAS. The storm water detention facilities set forth on the Plat shall be conveyed to the Association once formed and at the time Declarant relinquishes control of the Subdivision, and shall be maintained by the Association as provided by the laws and regulations of Oconee County and the State of Georgia, including the maintenance of liability insurance on said facility as provided herein.
TERMS. 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 25 years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of 10 years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
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 violation or to recover damages.
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31. SEVERABILITY. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this instrument under this seal this the 12-1-11 day of SHPT. , 2014.
Signed, sealed and delivered in, h presenc of:
DECLARANT:
ELLINGTON FARMS DEVELOPMENT
PARTNERS, LLC, a Georgia limited liability mpany nofficial Witness otary Public My Commission Expires: zfir;,/zolt,