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Brookfield(2007) . . . 111I1111111111111111111111111111111111111111111111111111111111111111111111111111 Doc 1D: 006924150041 Tvpe: GLR Fil@d: 11/17/2005 at 02:17:00 PM Fee Amt: $90.00 Paa9 1 of 41 Fayette, Ga. Clerk Superior Court Sheila Studdard Clerk of Court BK2904 p0206-246 ----------m-----------___[SP ACE ABOVE RESERVED FOR RECORDING DATAJ------------------------------- Return to: Pierce & Dunkelberger 1832 Highway 54 West Fayetteville, GA 30214 Reference" Deed Book 1038, p<lge 076 et seq. Deed Book 1684, page 535 et seq. STATE OF GEORGIA COUNTY 0" "A YETTE AMENDED AND RFSTATED DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS FOR BROOKfIELD SUBDIVISION \VHERFAS, Hayes-Johnson Development, Inc., a Gt:orgia corporation, recorded the Declaration of Protective Covenants, Conditions, Restrictions and for Brookfield SubdIviSIOn all January 24.1996, in Deed Rook 1038, Page 676 et seq., Fayette County, Georgia Records (hereinafter referred to as the "Origl1lal Dt:claration"); and WHEREAS, Article XIL Section 4 of the Original DeclaratlOn provides j()r amendment of the Original Declaration by the affirmative vote or written consent of at least tvvo-thirds (2/3) of the Lot OWIH;.:rs; and WHEREAS, at least two-thirds (2/3) ofthe Lol owners have approved this Amended and Restated Declaration of Covenants. Conditions and Restrictions for Brookfield Subdivision through affirmative vote or written consent as is evidenced by Ow signatures of the President and the Secretary of the Association affixed hereto: and -1- WHEREAS, Artiele VI, Section 4 of the By-Laws of Brookfield Subdivision ("Original By-Laws") provides for amendment of the OriglI1al By-Laws through the affirmative vote of at least two-thirds (2/3) of the total Association vote; and WHEREAS, at least two-thirds (2/3) of the total Association vote have approved this amended and Restated By-Laws of Brookfield Subdivision through affirmative vote as is evidenced by the signatures ofthe President and the Secretary of the Association affixed hereto; and WHEREAS, these Amendments do not alter, modify, change or reseind any right, title, interest, or privilege held by any Erst MOJigage Holder; provided, however, in thl' event a court of competent jurisdiction determines that these AmendmL:nts do alter, modify, change, or rescind any right, title, interest, or pnvilt:ge held by any first i'-.1ortgagc Holder without such first Mortgage Holder's consent in writing to these Amendments, then these Amendments shall not be binding on the first Mortgage Holder so involved, unJe~s such first Mortgage Holder consents to these Amendments; and if such consent is nol forthcoming, then the provisions of the Origlllal Declaration and the Onginal By-Laws effective prior to these Amendments shall control with respect to the affected first Mortgage Holder; NOW, THEREFORE, the Original By-I.aws and the OriglllaI DecIaration and all exhihits thereto are herehy stricken in their entirety and the following is simultaneously substituted therefor: - 2 . AMIoNDED AND REST ATIoD DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BROOKFIELD SUBDIVISION JUiW 1, 200~ . PIERCE & DUNKELBERGIoR Attorneys 1 k32 Highway 54 West Fayetteville, GA 30214 (770) 632-0052 . - 3- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIII11111111111111111111111 DOG ID: 006924150041 Type: GLR Filed: 11/17/2005 at 02:17:00 PM Fe8 Amt: $90.00 Paqe 1 of 41 Fayette, Ga. Clerk Superior Court Sheila Studdard Clerk of Court. 6K2904 p0206-246 TABLE OF CONTENTO; ARTICLE 1- DeIinitions ........................ ..................................................................... .........5 ARTICLE ll- Property Subject to this Deelaration ......... .............................................5 ARTICLE 11In Association Membership and Voting Rights ....................... ..................5 ARTICLE IV n Assessments......................... ............. ...............................................................6 ARTICLE V - Maintenance............................................................. ...............................8 ARTICLE VI - Use Restrictions and Rules. ........................................................................ .....]() ARTICLE VI1 n Insurance and Casualty Losses................ ..........................................17 ARTICLE vm n Condemnation .......................................................................... . ..........20 ARTICLE IX n Annexation of Additional Property ...................................................................20 ARTICLE X - Mortgagee Provisions .................................................. .........................20 ARTICLE XI- Easements ............................. ...................................................................22 ARTICLE XIJ n General Provisions ........................................ .................................24 EXHIBIT A - Oefinitions ............. . ................................................................. .....2R EXHIBIT B n Property Description ............................. .................................................29 EXHIBIT C n By-Laws of BrookfieJd Suhdivision Homeowner's Association.. .............30 - 4- . . AMENDED AND RESTATED DFCLARA TION OF COVENANTS, CONDITIONS AND RESTRICTIONS 1'01{ BROOKFIELD SUBDIVISION The submitted property is the propcrty deseribed 111 the Original Declaration and all amendments thereto as recorded ill the Fayette County, Georgia deed records. The legal descnption of said propcrty is as shown and described as I "ots 1 through 89 of BrookfieId Subdivision, and being all residential lots in Brookfield Subdivision, as shown on that certain subdivision plat and recorded in Plat Rook 27, Pages 18-32, Fayette Connty Records. ARTICLE I Definitions l;nless thc context shall prohibIt, ecrtam words used in this Deelaration shall have the definitional lIwaning set forth in Exhihit lOAn attached hereto and hy reference made a part hereof. ARTICLF: II Property Subiect to this Declaration . Section 1. Propert", Hcrebv Subiect to this Declaration. The real property which is, hy the recording of this Declaration, subject to the covenants and restrictions hereatler set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, oceupied, and mortgaged or othenvise encumbered subject to thls Declaration IS the r~al property described in Exhibit liB," attached hereto and by reference made a part hereof. Seetion 2. Other Property. Only the real propel1y described in Section 1 of this Artiele II is herehy made subject to tJus Declaration; provided, however, by one or more Supplement31"Y Declarations, and the Association have the right, but not the ohligntion, to subject other real property to thIS Declaration, as hereinafter provided. Section 3. Geon:!ia Proucrtv Owners' Association Act. The Community is a residential property owners' development which herehy submits to the Georgia Property Ownersl AssoeiatlOl1 Acl, O.C.G.A. Section 44-3-220, et selj. (Michie 1982), os slIch aet may be amended from time to time. ARTICLE III Association l\lclIlbcrshio and Volin!!. Ri2:hts Scction L Membership. Every Person who is the record owner of a lee or undivided fee lIlterest in any Unit that is subject to this Declaration shall be deemed to have a membership in the ASSOCIation. The foregoing is not intended to include Persons who hold an interest merely as security for the pcriunnance of an obligation, and the giving of a security interest shall not tenninate the Owner's membership. No Owner, whethcr one or more PersoIl~, shall have more - 5- 11111111111111111111111111111111111111111111111111111111111111111111111I11111111 Doc ID: 006924150041 Type: GLJ:l riled: 11/17/2005 at 02:17:00 PM Fee Amt: $90.00 PaQe 1 of 41 Favette, Ga. Clerk Supen nr Court shella Studdard Clerk of Court -.90(H ~~~{)R ?L1F\ than one (1) membership per Umt. in the event of multiple Owners of a Unit, votes and rights of use and enjoyment shall be as provided in this Declaration and in th(; By-Laws. Membership shall be appurtenant to and may not he separated from ownership of any Unit. The rights and privileges of Inembership, including the nght to vote and to hold office, may he exercised by a Member or the Member's spouse, but in no event shall more than one (1) vote be cast nor office held for each Unit owned. Section 2. Voting. Members shall be cntitled to one (1) vote fur each Unit owned. When more than one Person holds an ownership interest 111 any Unit, the vote for such Unit shall be exercised as those Owners themselves delennine and advise the Secretary prior to any meeling. In the absence of such advice, the Unit's vote Sh811 be suspended in the event more than one Person seeks to exercise it. ARTICLE IV Assessments Section L Pnrpose of Assessment. The ASSOCIation shall have the power to levy assessments as provided herein and in the Act. The assessments for common expenses provided for herein shall be used for the gencraI purposes of promoting the recreation, health, saIdy, welfare, comlllon benefit, and enjo)'ment of the Owners and occupants of Units as may be authorized by the Board. SectIon 2. Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Unit, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant find agree to pay for the Association: (1) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (jji) specific assessments against any particular Unit whieh are established pursuant to Section 4 hereunder, including, but not limited to, reasonable fines iIIlposed in aecordance WIth the terms of the Act and hereof. All such assessments, togelher with charges, interest, costs, and reflsonahle attorney's fees actually illl::urred, and if the Board so elects, rents, in the maximum amount pennilted under the Act, shall be a eharge on thc Unit and shall be a continuing lien upon the Unit against which each assessment is made. Such amounts shan also be the pcrsonal obligation of the person who was the Owner of such Unit at the time when the assessment fell due. Each Owner ,md his or her grantce shall be jointly and severally IiabIe for all assessments and charges due and payable at the time of any conveyance. Assessments shall be paid in such manner and on such dates as may be fixcd by the Board. No Owner may exempt Inmself or herself from liability for or otherwise wilhhold payment of assessments for any reason v.,.'hatsoever, including, but not limited to, nonuse of the Common Property owned by the Association and reserved lor the use and enjoyment of Rrookfield Suhdivision Owners, the Assu(,;iation's failure to provide services or perform ils obligations reqUlred hereunder, or inconvenience or discomfort arising from lhe Association1s perfonnance of its duties. The lien provided for herein shall have pnonty as provided in the Act. 1111111[[1111111111111111[111[111111111111111111111111111111[111111111111111[111 - 6- Doc ID: 006924150041 Type: GLR Filed: 11/17/2005 at 02:17:00 PM ree Amt: $90.00 PaQe 1 of 41 Fayette, Ga. Clerk Superior Court Sheila Studdard Clerk of Court 8K2904 p0206-246 . . . Section 3. Individual Assessments. Except as otherwise provided herein, ea<.:h Unit is hereby allocated equal liability for the t.:ommon expenses of the Association. (a) Ex<.:ept as provided helow, or elsewhere in the Act, the Veclaration ur the By-Laws, the amount of all common expenses shall be assessed against all the Units. (b) The Board of Directors shall have the power to assess specially pursuant to this Section and to SectIOn 44-3-225(a) of the Act as, in its discretion, it deems appropriate. Failure oftne Board to exercise its authority under this Section shall not he grounds for any action against the Association or the Board and shall not constitute a waiver of the Hoard's right to exercise its authority hereunder in the future with respect to any expenses. (i) Any common expenses benefiting less than all of the Units or significantly disproportionateIy benefiting al1 Units may be spcClal1y assessed equitably among all of the Units whIch arc bencIited according to the benefit received. (ii) Any common expenses occasIOned by the conduct OflC58 than all of those entitled to occupy all of the I Jnits or by the licensees or invitees of any such Unites) may he specially assessed against such Unites). Section 4. OelinQuent Assessments. All assessments and related charges not paid on or before the due date shall be delinquent, and the Owncr shal1 be in defaul!. (a) If any assessment or other charge, or any part thereof, is not paid in full within ten (I 0) days of the due date, a late charge equal to the greater often ($10.00) dol1ars or tcn (10%) percent of the amount not paid, or sllch higher amounts as may be authorized by the Act, nnd interest at the rate often (10%) percent per annum, or such higher rate as may be pennilled by the Act, shall accrue from the due date. If pari payment of assessments and related charges is made, the amount received shall be applied first to costs and attorney's kes. then to late charges, then to interest, then to delinquent assessments, and then to current assessments. (b) If assessments and other charges or any part thcreof remain unpaid more than thirty (30) days after the assessment payments first become delinquent the Association, acting through the Board, may institute suit to collect all amounts due pursuant to the provisions of the Declaration, the By- Laws, the Act and Georgia law and suspend the Owner's right to vote. Section S. Computation of Operating Budget and Assessment. At least thil1y (30) days prior to the beginning of the Assoeiation's fiscal year, the Board shall preparc a budget covering the estimated costs of operating the Association during tht: coming year. The Board shall cause the budget and notice of the assessments to he levied against each Unit lur the fi)llowing year to he delivered to each member at least twenty-one (21) dnys prior to the beginning of the Association's fiscal year. The annual budget and assessment shall hecomc effective unless disapproved at an Association meeting hy a majority of the entire Association voll:. If the Board fails for any reason to deternuIle the budget for the succeeding year or the - 7- membership rlisapproves the budget, then and until such time as a budget shall have heen deternuIlcd as pruvideu h\:rein, th<.:: budget in effect Jor the current year shall continue lor the sllcceeding year, and the Board may propose a new budget at any time during the year by "ausing the proposed budget and assessment to be delivered to the Owners at Icast thirty (30) days prior to the proposed effective date thereof. Section 6. Special Assessments. In addition to the other assessments authorized herein, the Association IIlay levy spe<.:ial assessments ill any year. So long as the total amount of special assessments alloeable to eaeh Unit does not exeeed Two Hundred (200.00) Dollars in anyone fiscal year, the Board may impose the special assessment. Any special assessment which would cause the amount of special assessments allocahIe to any Unit to exceed this limitation shall he effective only if approved by a Majority or the Owners. Special assessments shall be paid as determined by the I3oard, and the I30ard may pennit speeial assessments to be paid in installments extending beyond the fiscal year in which tne special assessment is imposed. Section 7. Statement of Account. Any O\vner, mortgagee, or a person having executed a contract for the purchase of a Unit, or a lender considering a loan to be secured by a Unit, shall he entitled, upon written request, to a statement from the Association setting forth the amount of assessments due and unpaid, including any late charges, interest, fines, or other charges against a Unit. The Association shall respond in writing wltluIl five (5) days of receipt of the request for a statement; provided, hmvever, the Association may require the pa:vment of a fee, not exceeding ten ($10.00) dollars, as 11 prerequisite to the issuance of such a statement. Such written statement shall be binding on the Association as to the amount of assessments due on the Unit as of the date specified therem. ARTICLE V Maintenance Section 1. Association's Responsibilitv. The Association shall maintain and keep in good repair the Common Property. This maintenance shall include, without limitation, maintenanct.:, repair, amI replacement, subject to any insurance then in efIect of all landscaping and improvements situated on the Common Property including, without limitation, all entry features, streets, and street lights. The association shall 111aintain and keep in good repair, hut snaIl not he responsible for replacement of, all landscaping grounds areas within the boundaries of Units. TIle Association shall have the right, but not the obligation, to maintain property not owned by the Association including, witholltlimitatioll, any green helt areas located adjacent to the Community, where the Board has determined that such maintenance would b~neiit all Owners. The foregoing maintenance shall be performed consistent with the COIllmunity-wide Standard. Section 2. Owner's Responsibility. Except as provide in Section 1, ahove, all maintenance of the Unit including, without limitation, all structures and Rarkil1l.! areas. shall be 1111I1111111111111111111I1111111111[1[1111111111[111111111111III1111111111111111 - 8- Doc IO; 006924150041 Tvpe: GLR F-ded: 11/17/2005 at 02:17:00 PM Fee Amt: $90.00 Pa!=le 1 of 41 F-nyette. Ga. Clerk Superior Court Sheila Studdard Clerk of Court RK?OnLi Dc?nl=:_'JAl=: . . . the responsihility of the Owner. Such maintenanee shall be perfurmed consistent with this Declaration amI the Community- \Vide Standard established pursuant hereto. Tn the event that the Board of Directors ofihe Association determines that (a) any Owner has failed or refused to discharge properly his obligations with regard to the maintenance, repair, or replacement of items for which he is responsible hereunder; or (b) that the need {(Jf maintenance, repair, or replacement, ",'hi<.:h is the responsihility of the Association hereunder, is caused through the willfitl or negligent act of an Owner, his or her family, guests, lessees, or invitees, and is not covered Of paid for by insurance. in \\,'hole or 111 part, then, the Association may perfonn the repair, n.:placemcnt or maintenance and shall, except in the event of an emergency situation. give the Owner writkn notice of the Association's intent to provide such necessary maintenance, repair, or replacement, at Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (10) days within which to complete such maintenance. repair, or replacement, or in the event that such maintenance, repair, or replacement is not capable of completion within a ten (10) day pcnod. to commence such work which shall be completed within a reasonable time. If any O\vner does not comply with the provisions hereof, the Association may proVIde any such maintenance, repair, or replacement at Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Unit. Section 3. Part, Walls (a) General Rules of Law to Applv. Eaeh wall built as a part of the original construction of the Units which shall serve and separate any two (2) adjoining Units shall constitute a pmiy wall and, to the extent not inconsistent with the provisions of thIS Section. the general rulcs oflaw regarding party walls amI liability for property damage due to negligenee or willful acts or commissions shall apply thereto. (b) Shariu!! of Rcoair and l\faintcnancc. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who made use of the wall in equal proportions. (c) Dama!!e and Destruction. If a party wall is destroyed or damaged by Iirc or other casualty, then to the extent that such damage is not covereo by insurance and repaired out oftlle proceeds of insurance, any Owner who has used the wall may restore it, and it the other Owner is Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in equal proportions without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule uflaw regarding liability for negligent or willful acts or omISSIOns. (d) RilZht to Contributiun Runs with Land. The right of any owner to contribution from any other owner under this Section shall be appurtenant to the land shall pass to such owner's successors-in-title. - 9- (e) Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Section, each party shall appoint one (1) arhitrator. Should any party refuse to appoint an arhilrator within ten (10) days aftcr WrittCIl request therefor by the Board of Directors, the Buaru shall appoint an arbitrator for the refusing party_ The arbitrators thus appointed shall appoint one (1) additional arhitrator and thc decision hy a majority of all threc (3) arllltrators shall be binding upon the parties and shall be a condition precedent to any right of legal action that either party may have against the other. ARTICLE VI Use Restrictions and Rules Section 1. General. The Board of Directors may, from time to time, without consent of the Members, promulgate, modify, or delete use Tt:Stridions and rules and regulations applicable tu the Units and the COIIllllon Property. This authority shall include, but shall not he limited to, the right to limit the type and size and to set the maximum and minimum speeds ofvehides within the Community_ The Association shall also have the authority to impose all other necessary tmffic and parking re!,TUlations and tu restnet the maximum noise levels of vehicles in the community. Such regulations and usc restrictwns shall be binding upon all Owners and occupants until and unless overruled, cancelled, or modified in a regular or special meeting by the vote of Members holding a majority of the total votcs in the Association. Section 2. Residential Use. Each Umt shall be used for residential purposes only, and no traue or business of an)" kind ma:y be conducted in or from a Unit or any part of the Community, including business uses ancillary to a primary residential use, except that the Owner or occupant residing in the residence on a Unit may cumlu\:t such anclllary business activities within the residence so long as (a) the existence ur operation of the business activity is not apparenl or detcctable by sIght, sound. or smell from the exterior ofthc residence; (b) the business activity does not involve persons coming onto the Community who do not reside 111 the CQmmunity or door-to-door solicitation ofresidents of the Community; (c) the business activity conforms to fill zoning requirements for the Community; and (d) the business activity is consistent with the residential character of the Community and does not constitute a nuisance or a hazardous or offensive uses, or threaten the security or safety of other residents of the Community, as may be determined in thc sole discretion of the Board of Direclurs. The tenns "husiness" and "trade," as used in this provision, shall bc construed to have their ordinary, generally' accepted meamngs, and shall include, without limitation, any occupation, work, or activity undertaken on an on-going basis V\.'nich involves the proVIsion of goods or services to persons other than the provider's family and for which the provider receives a fcc, compensation, or other form of consideration, regardless of whether; (1) the aetivlty 1S engaged iu full or part-tIme, (ii) the activity is intended to or docs gener"!e a profit; or (iii) a lIcense IS required for the activity. Notwithstanding the ahove, the leasing of a Unit OT the use of a Unit by an on-site management company operating on behalf of he Association shall not be considered a trade or business within the meaning of this Section. Section 3. Sie:ns. No signs of any klnd, except for one (1) normal "'For Salc"or "'Por Rent (Lease)" sign per Unit, shall be erected by any Owner within the community withont the _. 1111111I1111111111111111111111111111111111111111111111111111111111\\1111\\111111 Doc IO: 006924150041 Type: G~R Filed: 11/17/2005 at 02:17:00 PM -10 _ Fee Am1:: $90.00 PaQe 1 of 41 Fayette. Ga. Clerk Superior Court she1la Studdard clerk of Court BK?Q04 PG206-246 . written consent urthe Board. The Board shall have the right to erect reasonable and appropriate sIgns. . . Section 4. Parldn1! and Garae:cs. The term "vehicles," as used in this proViSlOI1, shall include without lImitation, motor homes, boats, trailers, motorcycles, minibikes, scooters, go- carts, trucks, campers, buses, vans, and automobiles. No Owner or occupant shall park his or her vehicle on any portion of the Community, other than in the garage or driveway unless the maximum number or vehicles \vhich can be parked in the garage according to its design capacity are already parked in said garage. AU garages shall be maintained in such a manner that parking for the maximum number of automobiles, cars, or other motor vehicks lor which it was originally designed to hold is allowed and possible. Garage Doors shall be elosed at all timcs except during entry and/or exit, or when activity is in probTfCSS in or around the garage area. All commercial vehicles, tractors, mobile homes, trailers (eIther \vith or without wheels), campers, campt:r trailers. boats and other water craft, boat trailers, motorcycles, minibikes, and scooters must be parked within a garage unless otherwise permitted by the Board. 1\0 garage may he altered in such a manner that the number of automobiles which may reasonahly he parked therein after the alteration is less than the number of automobiles that could have reasonably been parked in the garage as originally constnlctcd. Section 5. Leasin2:. In order to protect the equity oftht: individual Lot Owners at Brooklield, to carry out the purpose for which the Property was fonned by preserving the character of the Community as a homogenous rcsideminl community of predominantly owner- occupied homes and by preventing the COlIlmunily from assuming the character of a rcnter- occupied suhdivision, and to comply with the eligibility requiremenls lor financing in the secondary mortgage market insofar as such critcria provide that the project be substantially owner-occupied, leasing of Units shall be governed hy the restrictions imposed by this Section. Except as provided herein, the leasing of Units shall be prohibited if Open I.easing Status (leased units) is at fifteen (15%) perccnt (a) Definitions. (i) "I ,easing," for purposes of this DeclaratIOn, is defined as regular, exelusive occupancy of a Unit by any person or persons other than the Owner. lOPTIO]\; WHERE RELATIVES PERMITTED; provided, however, for purposes of this Declaration, leasing shall not include exclusive occupancy by the child or parent of an Owner.} For purposes hereof, occupancy by a roommate of an Owner who occupies the Unit as such Owner1s primary n.::sidence shall not constitute leasing hereunder. (ii) Open Leasing Status shall authorize a Unit to he leased 8t any time. Each Unit at Brookfield which is being leased on the date that this Amendment is reeorded in the Fayette County, GeorgIa re<..:onls shall have Open Leasing Status until the Unit is sold at which time the Unit shall automatically be cOllvetied to Restnded Leasing Status. Unless so converted to Restricted Leasing Status, the Unit shall be in Open Leasing Status until su<:h time as title is conveyed to any person or cntity other than the person or entity holding record title on the date that this Declaration is recorded in the Fayette County. Georgia records, after which conveyance -tl- the Unit shall automatieally be eonvcrted to Restricted I "easing Status. Open Leasing Status may also be eonfeITed upon a Unit as provided in subpara,,'raph (b) below. (iii) Restricted Leasine: Status shall subject a Unit to the restrictions on leasing conlained ll1 subparagraph (b) below. All Units which are nol being leased on the date that this Declaration is rccordcd in the Fayette County, Georgia reeords shall be in Rcstricted Leasing Status unless converted to Open Leasing Status as provided in subpara[;raph (b) below. (b) General. No Owncr of a I lnit in Rcstricted Leasing Status may lease his or her Unit if fifteen (15%) pcrcent or more ofthe Units ll1 the Community are in Open Leasing Status, cxcept as provided in subparagraph (e) below for cascs of undue hardship. Any Owner of a Unit in Restricteu Leasing Status may apply in writing to the Board of Directors for conversion to Open Leasing Status in accordance with rules and regulations promulgated by the Board of Directors. Upon receipt of such written application, the Unit shall he placed at the end of a waiting list for l:onvcrsion to Open Leasing Status. At such times as less than fifteen (15%) percent of the Units are in Opcn Leasing Status, the Board shall notify the Owner of the Unit at thc top of the waiting list of its conversion to Open Leasing Status, and such Owner shall have ninety (90) days within whieh to lease the Unit or it shall automatically revert lo Restrict Leasing Status. Any Unit III Open Leasing Status shall automatically he converted to Restricted Leasing Status if the Unit is not subject to an approved lease lor ninety (90) or more consecutive days. (c) Undue Hardship. Notwithstanding the provisions of subsection (b) above, the Board of Directors shall be empowered to allow reasonable leasing of a Unit upon application in accordanee with this Section to avoid undue hardship, ineluding, but not limited to, (1) where a Unit Owner must relocate his or her residence outside the Atlanta metropolitan area fClr employment purposes and cannot, within six (6) months from the date that the Unit was placed on the market, sell the Unit for a priee no greater than the current appraised market value, after having made reasonable efforts to do so; (2) where the Owner dies and the Unit is being administered by his or her estate; and (3) where the Owner takes a leave of abst:nce or temporarily relocates and intends to return to reside in the Unit, in which case the Unit Owner must reapply every year for renewal of the hardship exception. Those Owners who have eomplied with this subscction (e), have demonstrated that the inability to lease their Unit wouId result in undue hardship, and hav\: obtained the requisite written approval of the Board may lease their Units for sUl:h duration as the Board reasonably determines is necessary to prevent undue hardship. Any Owner who believes that he or she must lease his or her Unit to avoid undue hmdshlP shall submit a written application to the Hoard setting 10rth the circumstances necessitating the leasing and such other infonnation as the Board may reasonably require. Leasing in the case of undue hardship shall be permitted only upon the Board's written approval of the Owner's application. \Vhen an application is approved, thl.: Owner shall provide the Board with the name and phone number of the lessee and the O\vner's address other than at the Community and other such information as the Board may rcasonahly require within ten (10) days after a lease has been signed by both parties. - 12- . . . The Board shall have the power to make and enforce reasonable rules and regulations and to fine, in accordance with the Declaration and By-Laws, in order to enforce the provisions of this subsection. Any transaction whIch does not comply with this Section shall he voidable at the option of the Board of Directors. (d) Leasln2 Provisions. Such leasing as is permitted hy this Section shall he governed by the following provisions: (i) General. AIl leases shall be in writing on a Gcorgia Association of Realtors (GAK) or similar Lease. All leases must be for an initialterrn of at least twelve (12) months, except with written Board approval. There shall be no subleasing or assib,'llment ofleases unless approveu in writing by the Board. Units may be leased only in their entirety; no fraction or portion may be leased. No transient tenants shaIl he accommodated on a Unit. All leases shall be suhjcet to the Deelaration, the By-Laws and the Association's rules and regulations. The Owner must provide the lessee copies of the Declaration, By-Laws, and the rules and regulations, and the lease fonn shall provide that the Owner has done so. (ii) Notice. Within ten (10) days after entering into the lease of a Unit, the Owner shall provide the Board of Directors with the name and phone number of the kssee and the names of all other people occupying the Unit, the Owner's address other than at the Commulllty, and such other information as the Board may reasonably require. Notv/ithstanding anything in the Deelarution to the eontrary, failure to provide the above infonnation to the Board within ten (10) days after entering into the lease of a Unit may result in a fine against the Owner for each day that the jnllmnation is not provided to the Board. Nothing herein shall be construed as giving any party the nght to approve or disapprove u proposed lessee. (iii) Liahilitv for Assessments. Use of Common Proverb..'. and ComDliancc with Declaratiun. Bv-Laws. and Rules and Re2ulations. Any lease of a Unit shall be deemed to contain the folloWlllg provisions, whether or not expressly stated therein, and each Owner covenants and agrees that any lease of a Unit shall contain the following language and abrrees that if such lan.bJUnge is not expressly contained therein, then such language shall he incorporated into the lease by existence of this covenant, and the lessee, by occupancy of the Unit, agrees to the applicability of this covenant and incorporation ofthc following language into the least.:: (I) Complianee with Declaration, Bv-Laws, and Rnles and Re2nlations. Les~ee agrees to abide and comply with all provisions of the Ueclaration, By-Laws, and rules and rebTUJations adopted pursuant thereto. Owner agrees to cause all Occupants of his or her Unit to comply with the Declaration, Hy-Lal,vs, and the rules and regulations adopted pursuant thereto and is responsihle for a1] violations and losses caused by sudl Occupants, notwithstanding the fact that such Occupants of the Unit arc fully liable and may be sanctioned lor any violation of the Declaration, By-Laws, and rules and regulations adopted pursuant thereto. If the lessee or a person living with the lessee violate the Declaralion, By-Laws, or a rule or regulation for which a fine js imposed, such fine may bc assessed against the lessee and/'or tlit: Owner; provided, however, if a fine IS not paid by the lessee \vithin the time period set by the Board of Diredors, the Owner shall pay the fine upon notice from the Association of the lessee's failure to do so. Any lessee charged with violation of the Declaration, Ry-Laws, or rules and regulations adopted -13- pursuant thereto is entitled to the procedure to which an Owner is entitled prior to the imposition or a fine or other sanction. Any violation orlhe Deelaration, I3y-Laws, or mles and regulations adopted pursuant thereto is deemed to be a violation of the terms of the lease and authorizes the Owner to terminate the lease "vithont liability and to evict the It.:ssee in accordance with Georgia law. The Owner hereby delegates and assigns to Brookfield Subdivision Homeowner's Association, Inc., acting through the Board, the power and authority to evict the lessee on behalr or and for the benefit ufthe Owner, in accordance with the terms hereof, or 10 require the Owner to do so. In the event the Association proceeds to evict the lessee, any costs, including attorney's fees and court costs, associated with the eviction shall be specially assessed against the Unit amllhe Owner thereof, such being deemed hereby as an expense with henefits the kased Unit and the Owner thereof. (2) Use of Commun Property. The Owner transfers and assib'lls to the lessee, for the term ofthe kase, any and all rights and privileges that the Owner has to use the Common Property, including, but not hmited to, the use nf any and all recreational faeilities and other amenities. (3) Liabililv for Assessments. Lessce agrees to be personally obligated for the payment of all annual and special assessments and all other charges against the Owner vlhich become due during the term of the lease and any other penod of occupancy by the lessee or which become due as a conscquenct: of lessee's activities, including, hut not limited to: activities which violate provisions of the Declaration, the By-Laws, or the rules and regulations adopted pursuant thereto. The above provision shall not be construt;d to release the Owner from any obligation, including the obligntion for assessments, for which he or shc would otherwise be responsible. \Vhen a Unit Owner who is leasing his or her Unit Jails to pay any annual or special assessment or any other charge for a period ormore than thirty (30) days after;t is due and payable. then the delinquent Unit Owner hereby consents to the assignment of any rent received fi'om the lessee during the period of delinquency, and, upon request by the Board of D;reetors, lessee shall pay to the Association all unpaid annual and spel:ial assessments and other charges, as lawfully determined and made payahle during the term of the lease and any other period of occupancy by lessee; provided, however, lessee need not make such payments to the Assoclation in excess of, or prior to tht: due dates for monthly rental payments unpaid at the time of the Boardts request. All such payments made by lessee shall reduce, by the same amount, lessee's oblIgation to make monthly rental payments to lessor. If lessee fails to comply with the Buard's request to pay assessments or other charges. lessee shall pay to the Association all late charges, fines, interest, and costs of collection, including, but not limitl:d to, reasonable attorney's fees actually incuned, to the same extent lessee would be rcqUlred to make sueh payments to the Association if lessee were the Ownt:r of the premises during the tenn of the ah'Teement and any other period of OCl:upancy by lessee. (e) Applicabilitv of this Section 5. Leases existing on the date which this Amendment is recorded in the Fayette County, Georgia, rccords shall not be subJect to the terms ofth;, - 14 . . . Section; such leases may continue in accordance with the tenns of the Declaration as it existed prior to the recording date of this Amendment. However, any assignment, extension, renewal, or modification of any lease agreement, including, but not liIIllted to, changes in the terms or duration of occupancy, shall be considered a termination of the old lease and commencement of a new lease which must comply with this Section. Any Owner of a Unit which IS leased on the cffective date of this Amendment shall place on file with the Board of Dircctors a copy of the lease agreement in effect within thirty (30) days of the date OIl which this Amcndment is recorded in the Fayette County, Georgia, records. This Scction 5 shall not apply to any leasing transaction entered into by the holder of any first Mortgage on a Unit who becomes the Owner of a Unit through f(xcclosure or any other means pursuant to the satisfaction of the indebtedness secured by such Mortgag~. Section 6, Roadwav Safety, Brookfield's roadways are designed and constructcd lor moving n;sid~nts in and out of the property. for safety and liability purposes, the ^ssociation requires all dnvers to utilizt: the roadways at a safe speed and watchful of others utilizing the roadways. No unlicensed person shall opi:rate a motor vehicle on thc roadvlays (except golf carts which are requircd to adhere to Peaehtrec City's golf cart rules). The Association and its Hoard of Directors do not support playing, skateboarding, scoott:rs, dc. in the streets due to safety and liability risks. Section 7. Animals and Pets. No animals, livestock, or poultry of any kind may be raised, bnxl, kept, or pennitted on any Unit, with the exception of dogs, cats, or other usual and common household pets in reasonable number. as determined by the ASSOCIation; provided, howevcr those pets which are kept, bred or maintained for any commercial purposes, permitted to roam free, or in the sole discretion of the Association, endanger the health, make objectionable nOise, or constitute a nuisance or inconvenience to the Owners of other Units or the owner of any property located adjacent to the community may be removed by the Association. Dogs \vhich arc household pets shall at all limes whenever they arc outside a Unit be confined 011 a leash or under voice command of Owner. Dogs shall be walked only in those areas desibrnated by the Association. Section 8, Nuisance, It shall be the responsibility of eaeh Owner to prevenl the development of any unclean, unhealthy, unsightly. or unkempt condition of his or her Unit. No Unlt shall be used, in whole or in part, for the storage orany property or thing that \vill cause such Unit to appear to be in an unclean or untidy condition or that \vill be obnoxious to the eye: nor shall any substance, thing, or material be kept upon any Unit that wIll emit flJul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or offensive activity shall bc carried on upon any Unit, nor shall anything be uone thereon tending to cause embarrassment. discomfort, annoyance. or nuisance to any perSOl1 using any property adjacent to the Unit. There shall not be maintall1cd any plants ur animals or device or thing of any SOli whose activities or existence in any way' is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Communit).'. -]5- Section 9. Unslghtlv or Unkempt ConditIons. The pursuit ol"hobbies or other activities, including speeifiealIy, without limiting the generality of the foregoing, thc assemhly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken in any pati of the Community. Section 10. Architectural Standards. No exterior construction, alteration, addition, or erection of any nature whatsoever shall be commenced or placed upon any part of the Community unless and until the plans and specifications showing (he nature, kind, shape, hcight, matr.;:rials, and location shall have been suhmitted in writing to and approved by the Board or its desi6'11ee. The Board or its designee may promulgate written guideline for the exercise of this revlCW. The Board or its designee shall he the sole arbitrator of such plans and may withhold approval for any reason, including purely aesthetic considerations, and it shall be entitled to stop any construction in violation o1'the5e restrictions. Any memher of the Board or its representatives shall have the right, during reasonable hours, to enter upon any Unit to inspect any Unit and any improvements thereon for the purpose of ascertaining whether or not these restrictive covenants have heen or are being complied with. Such person Of persons shall not be deemed bruilty of trespass by reason of such entry. In the event the Board. or its deSlbl11ee fails to approve or tu disapprove such design and location within sixty (60) days after the plans and specifications have been submitted to it, approval will not be required, and this Section will be decmed to have been fully complied with. In addition, all exterior construction, alterations, additions or erections are subjcct to the ordinances of Peachtree City, Gcorgia. Section 11. Clothesline, Garbage Cans, Woodpiles, cte, All elothe~lines, garbage cans, woodpiles, and other similar items shall be located or screened so as to be concealed from view of neighboring Units and Common Property and the strect on whieh the Unit (on which the item is located) fronts. All dehris, rubbish, trash, and garbage shall be re6'1l1arly removed and shall not be allowed to aecumulate. Section 12, Subdivision of Ilnit. No Unit shall be subdivided or its boundary lines changed except with the prior written approval of the Board or its designee. Any such diVISIOn, boundary line change, or replatting shall not be in violation of the applicable subdivision and zoning regulations. Section 13. Local Ordinances. All use of Units within thc Community is also subject to the ordinances of Pcachtn:<..: City, Georgia, and all other governmental entities having jurisdiction over the Community. - 16- . . ARTICLE VII Insurance and Casualty Lusses Section 1. Insurance for COllullun l")roocrnJ. The Association's Board of Directors OT its duly authorized agent shall have the authority to and shall obtain insurance for all insurable improvements on the Common Prop~rty. This insurance shall cover loss or damage by fire or other hazards, including extended coverage, vandalism, and malicious mischief and shall be in an amount sui1icient to cover the full replacement cost of any repair or reconstruction in the event of damage or destmction fi-om any such hazard. The Roard shall obtain a pubic liability polIcy applicable to the C:ommon Propcrty eovenng the ^ssociation and its Members for all damage or injury caused by the negligcnce of the Association or any of its Members or agents, and, if reasonably available, dinx;tors' amI officers' liability insurance. The publi\: liability policy shall have a combined single limit of at least One Million ($ I ,000,000.00) Dollars. Premiums for all insurance shall he common expenses of the Association. The policies may contain a reasonable deductible, and thc amount thereof shall be added to the face amount ufthe pollcy in determining whether the insuraIH..:e alleast equals the full replaccment cost . A!! such insurance covernge obtained by the I30ard of Directors shall be written in the name of the Association, as trustee, fiJT the respective benefited parties, as further identified in suhparagraph (b), below. Such insurance shall be governed hy the provisions hereinafter set forth: (a) All pofiCles shall be written with a company licensed to do business m Georgia and holding a rating of XI or better U1 the Fmancial Category as cstablished by A.M. Best Company, Inc.. if availahle, or, if not available, the 1110St nearly equivalent rating. (b) Exclusive authority to adjust Iosses undcr policies obtained by the Association shall he vested in the Assocwtionos Board ufDirectors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto. (c) In no event shall the iIlsurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurancc purchased by individual Owners, occupants, or their Mortgagees, amI the insurance cameo by the Association shaU be pnmary. (d) AU casualty insurance poIicies shaU have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed anIlually by one of mOTe qualified persons, at least one ol'whum must be in the real estate industry' and familIar with construction in the Fayette County. Georgia, area. (e) The Association's Board of Directors shall be required to make every reasonable effort to secure lllsurance policies that will provide 'for the following: 1111I11111111111111I11111111111111111111111111111111111111111111111111111111111 - 17- Doc 1D: U06924150041 Type: GLR riled: 11/17/2005 at 02:17:00 PM Fee Amt: $90.00 Paqe 1 of 41 Favette, Ga. Clerk Superior Court Sheila Studdard Clerk of Court 8K2904 PG206-246 (i) a waiver of subrogation by the insurer as to any claims against the Association's Board of Directors, its manager, the Owners and their respective tenants, servants, agents, and guests; (ii) a waiver by the insurer of its rights to repair and reconstmct instead of paying cash; (iii) that no policy may be cancelled, invalidated, or suspended on account of any one or more individual Owners; (iv) that no policy may be cancelled, invalidated, or suspended on account of any defect or the conduct of any director, officer, or employee oj the Assoeiation or its doIy authorized manager without prior demand in writing delivered to the Association to cure the defect or to ccasc the conduct and the allowance of a reasonable time thereafter within which a cure may he effected by the Association, its Manager, any Owner or MOligagec; (v) that any '"'other insurani.:c" clause ll1 any polic.y exclude individual Owners' policies from consideration; and (vi) that no policy may be cancelled or substantially modified without at least ten (J 0) days' prior written notice to the Association. In addition to the other ll1surance required by this Section, the Board shall obtain workmen's compensation insurance, if and to the extent necessary, to satisfy thc requirements of applieable laws and a fidelity hond or bonds on directors, officers, employees, and other persons handling or rcsponsihle for the A"oeiation's funds. The amount oftidclity coverage shall be detcnllined in the directors' best business judgment. Ronds shall contain a waiver of all defenses hased upon the exclusion of persons serving without cumpensation and may not be cancelled or substantially modified without at least ten (J 0) days' prior written notice to the Association. The Association shall also obtain conshuction code endorsemcnts, steam boiler t:overage, and flood insurance, if and to the extent necessary to satisfy the requirements ofthe Mortgage Corporation or the Federal National Mortgage Association. Section 2, Individual Insurancc. Each Owner shall carry hlanket all-risk casualty insurance on the Unit and all stluctures constructed thereon and a liability policy covcring damage or injury occurring on a Unit. If reasonably available, the casualty insurance shall cover loss or damage by fire and other hazards commonly insured under an "all-risk" policy, including vandalism and malicious mischiet~ and shall be in an amount sufficient to i.:ovcr the full replacement cost of any repair or reconstnlction in the event of damage or destruction from any such hazard and shall name the Assoclation as an additional insurcd. Tfall-risk coverage is not reasonably availahle, Owners shall obtain, at a minimum, fire and extended coverage. Thc policies required hereunder shall be in effect at all times. Authority to adjust losses under policJes obtall1ed by an Owner shall be vesled in the Owner. 18 - . . . Section 3, Damage and Destruction - Association Property. (a) In General. Immediately aftcr the damage or destruetion by lire or other casualty to all or any improvement covereu by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insumncc and obtain reliable and detailed estimates of the cost of repair or reconstmctioIl or lhe damaged or destroyed property. Repair or reconstlUctioIl, as used in this paragraph, meaTIS repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty. (b) Repair and Reconstruction. Any damage or dcstruction shall bc repaired or reconstructed unless, within sixty (60) days after the casualty, members holding at least seventy- five (750/0) percent of the total Association vote shall otherwise ab'Tee. If for any reason either the amount of the insunmce proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association withm such period, then the period shall be extended nntiI sneh infonnation shall be made available; provided, however, such extension shall not exceed sixty (60) days. No Mortgagee shall havc the right to participate 11l the determination ofwhcther damage or destruction shall be repaired or reconstructed. If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds arc not suf1icient to dcfray thc eost thereof: the Board of Directors shall, withuut the necessity of (1 vote of the Association's Members. levy a special assessment against all Owners ill proportion to the number of Units owned by such Owners. Additional assessments may be made in like manner at any time during or following the c.:omplction of any repair or reconstruction. If the funds availablL: lrom insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such cxcess shall be depos1led to the benclit of the Association. In the event that it should bc detennined by the AssocIation in the manner describcd above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements arc authorized, th~n and in that event tne property shall be restored to its natural state and maintained as an undeveloped portion of the Common Property by the Association in a neat and attractive condition. Section 4. Dama!!~ and Destruction - - Insured by O,vners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Unit shall be repaired hy the Owner within scventy-five (75) days after the damage or destruction. However, wherc repairs cannot be completed within scventy-five (75) days, they shall begin within the required period and shall be diligently and continuously pursued until their completion. A1temntivcly, the Owner may decide to destroy and remove all improvements on the Unit v./ithin sevl:nty-fivc (75) days after sucn damage or destruction. - 19- ARTICLE VIII Condemnation If the taking 111volves a portion of the Common Property OIl which improvements have been eonstructcd, then, unless within sixty (60) days after such taking, Members holding at least seventy-five (75%) pen.:ent urtbe total Association vote, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Property to the extent lands arc available therefor. Thl: prOViSlOl1S of Article VII, Section 3, above, applicable to Common Property improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements src not restored ur replaced. ARTICLE IX Annexatiun of Additional Property Section L Annexation With Approval of Membership. Subject to tbc consent of the Owner thereof, upon the affirmative vote or consent of Members holding a majority of the total Association vote, the Association may annex other real property to the provisions ofthi5 Declaration and tbe Jurisdiction of the Association by filing for record in the Office ofthc Clerk onhe Superior Court ofl'ayette County, Georgia, a Snpplementary Declaration in respect to the property being annexed. Any such Supplementary Declaration shall be signcd by the President and Secretary of the Association, and any such annexation shall be effective upon t.~e tiling for record of such Supplementary Declaration, unless otherwise provided therein. The time within which and the manner in which notice of any such meeting of the Members of the Association called for the purpose of determining whether additional property shall be annexed, and the quorum required for the transaction o[business at any such mccting, is specified in the By-Laws of the Association. ARTICLE X Morlt:!at:!cc Provisions The following provisions are for the benefit of holders of first Mortgages on Units in the Community. The provisions of this Article apply to both tIus A111cndcd Declaration and to the By-Laws, notv./ithstanding any other pruvisions contained herein. Sectiun 1. Notices of Action. An institutional holder, insurer, or guarantor of a first MOligage, who provides written request to the ASSoclation (-such request to state the name and address of such holder, insurer, or !,'liaranlor and the Unit numbcr) (therefore becoming an "digible holder"), will be entitled to timely written notice of: (a) an)' condemnation loss or any casualty loss which affects a material portion urthe Community or which affects any Unit OIl which there is a first Mortgage held, insured, or guaranteed by sueh eligible holder; (b) any delinquency in the paym~Ilt of assessments or charges owed by an Owner of a Unit subject to the Mortgage of sueh eligiblc holdcr, where such delinquency has continuer! for a period of sixty (60) days; provided, however, notwithstanding thls provision, any holder of a first 11111111111111111111111111111111111111111111111111111111111~lrlll~111111111II Doc ID; 006924150041 Type: GLR Filed: 11/17/2005 at 02:17:00 PM _ 20 _ Fee Amt: $90.00 Pas:le 1 of 41 Favette, Ga. Clerk Superior Court Sheila Studdard clerk cf Court BK2904 PG206-246 . . . Mortgage, upon request, is entitled to written notice from the Association of any default in the per!cmnanee by an Owner ofa Unit of any oblIgation under the Declaration or By-Laws of the Associatiun which is not cured within sixty (60) days~ (c) any lapse, cancellation, or matt:rial modification of any insurance policy maintained by the Association; or (d) any proposed action which would require the consent of a specified percentage of Mortgage holders. Section 2. Special FHLMC Provision. So long as required by the Federal Home Loan Mortgage Corporation (The Mortgage Corporation) and so long as the U.S. Department of Housing and Urban Development ("HUD") is msuring or the Veterans Administration ("'VA") is guarantl::cing any Mortgage in the Community, the following provisiuns apply in addition to and not in lieu of the foregoing. Unless two-thirds (2/3) of the first Mortgagees or Owners give their consent the Association shall not; (a) by act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer the Common Propc11y which the Association owns, directly or indirectly (the granting of easements fc)r public. utilities or other SImilar purposes consistent with the intended use of the Common Property shall not be deemed a transfer within the meaning of this subsection); (b) change the method of detenTIining the obligations, assessments, dues, or other charges whieh may be levied against an Owner; (c) by act or omission change, waive, or abandon any schernt: of regulations or enforcement thereof pertaining to the architectural design or the exterior appearance amI maintenance of Units and of the Common Property (The issuance and amendment of architectural standards, procedures, rules, and regulations or use restrictions shall not constitute a change, waiver, or abandonment within the meaning of this subsection.); (d) fail to maintain fire and extenued coverage insurance, as required by this Declaration; or (e) use hazard insurance proceeds for any Common Propeliy losses tor other than the repair, replacement, or reconstruction of such property. Nothmg contained in Artielc X, Section 2, of this Deelaration shall be construed to reduce the percentage vote that must othenvise be obtained under the Declaration lor any of the acts set out in this Section 2. First Mortgagt:t:s may, jointly or singly, pay taxes or other charges whieh are in default and v.rhich mayor have become a charge against the Common Property and may pay overdue premiums on casualty insurance policies or secure ne\v casualty insurance coverage upon the lapse of an Association policy, and First Mortgagees making such paYlIlt:nts shall be entitled to immediate reimbursement from the Association. - 2] Section 3. No Priority. No proV1SlOTI of this Declaration or the By~Laws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Unit in the case of dlstrihution to such Owner of insurance proceeds or condemnation awards for losses to or a taking or (he Common Property. Section 4. Notice to Association. Upon requestl each Unit Owner shall be ohligated to furnish to the Association the name and addrcss oithe holdcr of any mortgage eneumbering sueh Owner's Unit. Section 5, Amendments bv Buard. Should the Federal National Mortgage Association or the Federal Home Loan MOltgage Corporation subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the I3oard, without approval of the Owners, may l:ause an amendment to this Article to be recorded to reflect such changes. Section 6. Applicability of this Article. Nothing contained ill this Article shall be construed to reduce the perccntnge vote that must otherwise be obtamed under the Declaration, By-Laws, or Georgia law for any of the acts set uut III thIS Artlcle. Section 7. Failure of l\1orte:ae:ee to Respond. Any Mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association docs not receive a wriUen response from the Mortgagee within thirty (30) days ofthe date ofthe ASSOCIation's request. ARTICLE XI Easements SediuIl 1. Easements for Encroachment and Ovcrhan2:. There shall be reciprocal appurtenant easements for encroachment and overhang as bdween each Unit and such portion or portions ofthe Common Property adjacent thereto or as between adjacent units due to the unintentional placement or settling or shifting of the improvements constructed, reconstructcdl or altered thereon (in acconlance with the ten11S of this Declaration) to a distance of not more than live (5) teet, as measured from any point on the common boundary between each Unit and adjacent portion of thc Common Property or as between adjacent Units, as the case may hel along a line perpendicular to sllch boundary at such point; provided, however, in no event shall an easement for encroachment eXIst if such encroachment occurred due to willful conduct on the part of an Owner, tenalltl or the Association. Section 2. Easements for Use and Eniovment. (a) Every Owner of a Unit shall have a right and easement or ingress and egress, use and enjoyment in and to the Common Property which shall be appurtenant to and shall pass with the title to his Unit, subject to the following provisions: 22 - 11111111111111111111111111111111111111111111111111111111I1II1111III1I1111I1II111 Doc 1D: 006924150041 Tvpe: GLR Filed: 11/17/2005 at 02:17:00 PM Fee Amt; $90.00 Paqe 1 of 41 Favette. Ga. Clerk Superior Court shella Studdard Clerk of Gourt 8K2904 PG206-246 . . . (i) the right otthe Association to charge rcasonable admission and other fees lur the use of any portion of the Common Property aml to limit the numher of h'1lcsts of Unit Owners and tenants who may use the Common Property; (ii) the nght of the Association to suspend the right of an Owner to use the recreational facilities in the community, if any, and to sllsp<.:nu the voting rights of n Unit Owner for any period of time during which an assessment against his Unit remains unpaid or any separate charge incurred by such Unit Owner for infTllction oftne Declaration, By-Laws, or its rules and regulations; (iii) the right oftne Association to borrow money for the purpose oflrnproving the Common Property, or any portion lhereof. or for construction, repairing or improving any facilities located or to be located thereon, and give as security f()[ the payment of any such loan a mortgage conveying all or any portion of the Common Propeliy; provided, however, the lien and encumbrance of any sUi..:h mortgage given hy the Association shall be subject and subordinate to any rights, interest, options, easements, privileges herein reserved or established for the benefit of, or any Unit or Unit Owner, or the holder of any Mortgage, irrespective of when executed, given by Unit Owner encumbering any Unit or other property located witluIl the Community (any provision 111 this Declaration or in any such Mortgage given by the Association to the contrary notwithstanding, the exercise of any rights thcrcin by the holder thcrcof in the event of a default thereunder shall not cancel or tenninate any rights. easements or privileges herein reserved or established any Unit or Unit Owner, or the holder of any 1l100igage, irrespective of when executed, given by any Unit Owner encumbering any Unit or other property located within the Community.) No mortgage conveying all or a portion the Common Property shall be effective unless an lnstmmcnt agreeing to the Mortgage has been approved by Members holding at least two-thirds (2/3) of the total Association vote; and (iv) The right of the Association to dedicatc or transfer all or any portion of the Common Property suhject to such conditions as may be agreed 10 by the Members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved hy at least two-thirds (2/3) of the total Assoeiatiun. Notwithstanding the above, Peachtree City, Georgia will not accept dedication of the streets IOi..:ated in the Common Property now or in the future. (b) Any Unit Owner may delegate his or her tight of use and enjo)onent in and to the Common Property and facilities located tht:n:on to the members of his family, his tenants and guests and shall hc deemed to have made a delegatIOn all such rights to the occupants of any leased Unit. Section 3. Easements for utilities. There is ht:reby reserved to the Association blanket easements upon, across, above and under all property within the Community for aceesso ingress, q:,:rress, installation, repairing, n:placillg, and maintaining all utilities serving the Community or any portion thereof~ in eluding, but 110t limited to, gas, water, sanitary sewer, telephone and electricity, as well as stonn drainage and any other service such as, but not limited to, a master television antenna system, cable television system, or security system \vhich the Association might decide to havc installed to serve the Community. It shall be expressly pennissib1c for the - 23- Association or its designee, as the case may be, to install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of ~uch wire, conduits, cables and other equipment related to the providing of any such utility or service. Should any party furnishing any such utility or scrvice requcst n specific license or easement by separate recordable document, the Board shall have the right to f,'Tant such easement. Section 4. Easement for Entrv. The Association shall have an easement to enter into any Unit for emergency, security, safety, and for other purposes reasonably neee"ary for the proper maintenance and operation orthe Community, which right may be exercised by the Association's Board of Directors, officers, agents, employees, managers, and all policemen, firemen, ambulance personnel, and similar emergency personnel in the performam.:e of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours and after noliee to the Owner. It is intended that this right of entry shall include thc right ofthe Association to enter a Unit to cure any condition which may increase the possibility of a fire or other hazard in the event an Owner faiIs or refuses to cure the comJilion upon request by the Board. ARTICLE XII General Provisions Section 1. Enforcement. Each Owner and every occupant of a Unit shall comply strictly with the By-Laws., the mles and regulations, the use restrictions, as they may be lawfully amended or modified frOlTI time to time, and with the covenants, conditions, and restrictions set forth in this Deelaration and III the deed to his or hcr Unit, if any. The Board of Directors may impose fines or other sanctions, which shall be collected as provided herein for the collection of asscssmcnts_ Failure to comply with this Dcclnnnion, the By-Laws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintamable by the Board of Directors, 011 behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any oftne foregoing shall in no event be deemed a \vaivcr ofthc right to do so thercafter. Section 2. Self-Help. In addltion to any other remedics provided for therein, the Association or its duly authorized agent shall have the power to entcr upon a Unit or any portion of the Common Property to abate or remove, using such force as may be reasonably nt:cessary, any erection, thing or condition which violates this Declaration, the By-Laws the rules and regulations, or the use restrictions. Unless au emergency situation eXIsts, the Board shall give the violating Unit Ov...'ner ten (10) days' written notice of its intent to exercise self-help. All custs of self-help, including reasonable attorney's fees actually incurred shall he assessed against the violating Unit Owner and shall be collected as provided fur herem for the collection of assessments. Section 3. Duration. The covenants and restrictions of llus Declaration shall run with and bmd the Community perpetually to thc extent provided in the Act. Section 4, Amendment. This Declaration may be amendcd unilaterally at any time (a) if such amendment is necessary to bring any provision hereof il1to compliance with any 1111I1111111111111111111111111111111111111111111111111111111111111111111\\111111 Doc 1D: 006924150041 Type: GLR Filed: 11/17/2005 at 02:17:00 PM 24 Fee Amt: $90.00 Pa~e 1 of 41 - - Fayette, Ga. Clerk superior' Court Sheila Studdard Clerk Qf Court BK2904 p0206-246 . . . applicable governmental statute, rule, or regulation or judicial detennination which shall be in conflict therewith: (b) if such amenument is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to the Units suhject to this Declaration; (l:) if such amendment is required by an institutional or governmental lender or purchaser of m01igage loans, including, for example, the Federal National Mortgage ASSOcIation or Federal Home Loan Mortgage Corporation. to enable such lender or purchaser to make or purchase mortgage loans on the Units subject to this Declaration; or (u) ifsuch amendment is necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the Units subjed to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Unit unless any such Unit Owner shall consent thereto in writing. In addition to the above, this Declaration may be amended upon the affirn1ative vote or writtcn consent, or any combination thereo1~ oCMembers holding at least two-thirds (2/3) of the total Association votc who are voting in person or by proxy. Amendments to this Declaration shall become effective upon recordation in the Fayette County, Georgia, Records, unless a later effective date is specilicu therein. Scction 5, Partition. The Common PropeIty shall remain undivided, and no Unit Owner nor any other Person shall hYing any action for partition or division oftlle whole or any part thereof without the writtl.:n consent of all Owners of all portions of the property' located within the Community and without the written consent of all holders of alJ Mortgages encumhering any portion ofthe property, including, hut not necessarily limited to, the Units located within the Community. Section 6. Gender and Grallllnar. The sin.brular, wherever used herein, shall be construed to mean the plural, when applicable, and the use or the masculine pronoun shall include the neuter and feminine. Section 7. Severability, Whenevt:r possible, each provision of this Declaration shall be interpreted in such manncr as to be cffeetive and valid, but irthe application of any provision of this Declaration to any person or to any property shall be prohIbIted or heId invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the lJlvalid provision or application, and, to this end, the provisions ofthi5 Declaration are declared to be severable. Section 8, Captions. The caption of each Artiele and Seetion hereof, as to the contents of eaeh Article and Section, are IIlsertcd only for convenience and arc in no way to be constmed as defining, llmiting, extending, or othern'lse modifying or adding to the particular Article or SectIOn 10 which they refer. Section 9. Preparer. rhis Oeclaration was prepared by Glover & Davis, P.A., attorneys at law, Peachtree City, Georgia, and amendments prepared by Weissman, NO\vack, Curry and \\tileo, P.C.. attorneys at la\\', Atlanta, Georgia. - 25- Section 10. Indenlnification. In accordance with the Gcorg1a Nonprofit Corporation Code, and to the full extent allowed hy Georgia law, the Assoeiation shall indemnify every person who was or is a party or who is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the Association), by reasons of the faet that such person 1S or was serving as a director or officer of the Association against any and all expenses, including attorneys' fees, imposed upon or reasonably incurred in connection with any action, suit, or proceeding, if such person acted in a manner reasonably believed to be in or not opposed to the best interest of the Association and, with respect to any crimmal action or proceeding, had no reasonable cause to believe this conduct was unlawful. Any indemnification shall be made by the Association only as authorized in a specific case upon n detennination that indemnification of the person is propt;;r under the circumstances. Section I L Books and Records. (a) Inspection bv Member~ and Mortga~!ees. This Declaratlon, the By-Laws, copies of the rules and use restriction, membership register, books of account, and minutes of meetings of the members of the Board and of committees shall be made available for inspection and copying by any Memher of the ASSOCiation or by his duly appointed representative and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to his or her interest as a Member or holder, lIlsurer, or guarantor of a first Mortgage at the offiee of the Association or at such other reasonable place as thc Board shall prescribe. (b) Rules for InsDeetion. The Board shall estahIish reasonable lUIes with respect to: (i) notice to be given to the custodian of the records; (ii) hours and days o1'the week when such an inspeetion may be made; and (iii) paymenI of the cost of reproducing copies of documents. (e) lnsDcetion hv Directors. Every Director shall havc the absolutc right at any reasonable thne to inspect all books, reem"ds, and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a Director includes tl1e right to make extra copies of documents at the reasonable expense of the Association. Section 12, Financial Review. A review of the aeeounts of the Association shall be made annually in the manner as the Board of Directors may decide: provided, however, after having received the Board's reviewed financial statement at the anIlual meeting, by a Majority of the Assm::iation vote present, or represented by proxy, the Owners may require that the accounts of the Association be audited as a common expense by a public accountant. Upon written request of any institutional holder of a first mortgage and upon payment or all necessary costs, such holdlT shall be entitled to receive a eopy of an audited flllanclal statement within ninety (90) days of the datc of the request. Sectiun 13. Noticc of Sale or Leasc. In the event an Owner sells or leases his or her Unit, the Owner shall give to the Association, In writing, the name of the purchaser or lessee of the Unit and such other in1urmation as the Board msy reasonably requlre. - 26- . . Section 14. Variances. Notwithstanding anything to the contrary contained in this Declaration: the Board of Directors or its desibJUcc shall be authorized to grant individual variances flum any of the provisions ofthi5 Declaration, the By-Laws and any rule, regulation or use restriction promulgated pursuant thereto If it detL:rmines that waiver of application or enforcement of the provIsion in a particular case would not be inconsistent with the overall scheme of uevelopmem for the Con1111uuity. Section 15. Security. The Association may but shall nut be required to, provide measures or take actions which direetIy or indirectly improve safety on the Community. However, each Owner, for themselves and their tenants, guests, licensees, and invitees, acknowledges and agrees that the Association is not a provider of security and shall have no duty to pruvide security for the Community. 1t shall be the responsibility of each Owner to protect his or her person and property, and all responsibility to provide security shall lie solely with each Owner. The Association shall not be held hable lor any loss or damage by reason of" Jailure to provide adequate secunty or ineffectiveness of security IIlt:asures undertaken. . IN WITNESS WHEREOF, the undersigned office" of Brookfield Homeowners Association, Inc. hereby certify that this Amended and Restated Declaration of Covenants, Conditions and RestrictlOns for Brookfield Subdivision was duly adopted by the required vote of the Association membership and any required notices were duly gIven. j I " ~ j' ;/ This --,,--7"^day of l}z?rVn1-!>-CL.<2005. Vlitness: BROOKFIELD SUBDIVISION HOMEO WNER'S~C'! TION, INC. ~/~/~ By{!& ,'(l "----- ..~'__ cE-d!u d~::f- ? ./~ By Sworn to and subscribed before me thiS!.? I. /1 da. y.of4~.f(,fi7! /Jf-'(, 2005. .~. /f" // 'f'J. /1 "1~. tt' /Hr .1i .. i/f)ffA.bC ~~_ Notary Pubhc, State of GeSr My Commission expires: ..\ ~ CONDllFF f!!l!gry "'**' '- CounIv _O/~ My Commission EIIpIres ~ 14, 2002 , ,. ~ \ \ '--, ') ~I :J .... - 27- 1111I1//111/11111111111111111111111111111111/11111111111111IIIIIIIIIIIIIIIII~II Doc 10: 006924150041 Type: GLR Filed: 11/17/2005 at 02:17:00 PM Fee Amt: $90.00 Pa~e 1 of 41 Favette, Ga. Clerk Superior Court Sheila Studdard Clerk Qf Court BK2904 p0206-246 EXHIBIT "A" DEFiNITIONS The following words, when used in this Deelaration or Ul any Supplementary Declaration (unless the context sholl prohibit), shall have the following meanings: (a) "Association" shall mean and refer to the Brookfield Suhdivision Homeowners Association, Inc., a nonprofit Georgia corporation, its successors and assigns. (b) "Board ofDll-cetors" or "Board" shall mean the appointed or elected hody ofthe Association, 8S applicable, having its normal meamng under Georgia curporate law. (c) "By-Laws" shall refec to thc By-Laws of the Brookfield Subdivision Homeowners Association, Inc., (attached to this Declaration as Exhibit ';C" and incorporated therein by this reference. (d) "Common Property" shall mean any and all real and personaI property and easements and other lIltercsls therein, together with the facilities and improvements located thereon, now or hereafter owned by the Association lor the common use and enjoyment of the Owners. (e) "Community" shall mean and refer to that certain real property and intcrcst thercin desclibed m1::'xhibit "B" attached hereto, and (i) such additions thereto as may be made by)ts Mortgagee or transferee, as provided in the Declaration; amI (ii) such additions thereto as may be made hy the Association by Supplementary Deelaration of other real propeliy. (f) '"COllllllullltY-Wlde S(andard" shalllllean the standard of conduct, maintenance, or their activity generally prevailing in the Community. Such stamlan.l may be more specifically determined hy the Board of Dircctors of the Association. (g) "Malority" means (hose eligible votes, Owners, or other group as the context may indicate totaling more than fifty (50'%) percent orthe total eligihle nnmher. (h) "Act" shall mean thc Georgia Property Owners' Association Act, O.C.G.A. Section 44-3-220, et seq. (Michie 1982), as snch act may be amended from time to time. - 2S- 11111111111111111111111111111111111111\11111111111111111111\11111111111111111111 Ooc 1U: 006924150041 Type: GLR Filed: 11/17/2005 at O?:17:00 PM Fee Amt: $90.00 Pa~e 1 of 41 Fayette, Ga. Clerk Superior Court Sheila Studdard Clerk at court 8K2904 PG206-246 . EXllIllIT "13" ALL THOSE T~"CTS or parcels ofland lying and heing in Land T.ots 39 and 40 of the 61h Land Distnct of Fay-ette County, Georgia, being shown and described as J ,ots 1 through 89 of Brookfield Subdi'vision, and heing all resJdential Lots in Brookfield Subdivision, as shown on that cel1nin suhdivision plat of same prepared by Larry C. Shimshick, G.R.L.S. t/2343, dated August 7,1995, revised November], 1995, and recorded 1Il PIal Book 27, Pages 28-32, Fayette Connty, Georgia Records, reference to wlllch plat IS hereby made for a more accurate description of said T ,01s 1 through 89. Book 103~, Page 7()~. . . - 29- 1111!1II11111111111111111111111111111111111111111111111111111IIIIIIIIIIIIIIIIII! D?c Ill: 006924150041 Type: GLR Fllsd: 11/17/2005 at 02:17:00 PM ree Amt: $90.00 Paqe 1 of 41 Fayette. Ga. Clerk SUPI?I'iul" Court Sheila Studdard clerk of Court BK2904 p0206-246 EXHIBIT "c" BY-LAWS of HROUKFljo;LD SUHDIVISION HOMEOWNER'S ASSOCIATION, INC. 11111111111111111111111I11111111111111111111WI~111111m11lllllrnlll~mlll D?c ID: 006924150041 Type" GLR FLIed: 11/17/2005 at 02:17:00 PM Fee Amt: $90.00 Pa~e 1 of 41 ~hyeltte. Ga. Clerk Superior Court e! a Studdard Clerk tof Court BK2904 p0206-246 - 30- . . . TABLE or CONTENTS Page I. NAME, MEMBERSlIIP, APPLICABILITY, AND DEFINITJONS I. Name..................................................................... ............... ......... I 2. Membership ....................................................................................................... 1 3. Dcfinitions..... ..m.......................... ..... ....... ........... ................... ..... ..... .................. I 11. ASSOCIATION: MEETINGS, QUORUM, VOTING, PROXIES I. Place of Meetings.. ...................... ..................................................................... 1 2. First Meeting and Annual Meetings ................ ................... ............ ............... 1 3. Special Meetings.............................................................................,..................1 4. Notice of Meetings.............................................................................. ............... I 5. Waiver of Notice. ........... .............. ...... ....... ....................................................2 6. Adjournment of Meetings........................................ ............ ...............2 7. Voting.. ......... ..... .................... ..... ........... .................. ....... ..... ..... ........ .......... ....... 2 8. Proxies .............. ................................................................................................ 2 9. Quorum ............................ ............... .....................................................2 Ill. BOARD OF DIRECTORS: NUMBER, POWERS, MEETINGS A. COITmosilion and Selection. 1 . Governing Body; Composition,.. ... ..... ....... ........ .... ... ...... ... ....... ..... .... ..... ..... ...... 2 2. NUlnber of Directors ................. ................................................................2 3. Nomination of Directors ..................... ........... ........... ......................................2 4. Eleetion of Te1111 of Ot11ce........................................................... .....................3 5. Removal of Directors....................... ............... ......... ...... .......... ........... ........ ....... 3 6. Vacancies ......... .............................m............................................... 3 B. Meetings. 1. Organization Meetings. ... ......................................................................... 3 2. Regular Meetings ...................................... ........................3 3. Special Meetings ................................................................................... .... 3 4. Waiver of Notice..... ............. ..... ......................... ............................ ............... ..... 4 5. Quorum of Board of Directors ..... .............. .....................................................4 6. Compensation ............................................................... ............ ........4 7. Opcn Meetings ...................................................................................................4 8. Ext:cutive Session .............. .....................................................................4 9. Aetion Without a FormaI Meeting.................................. ......4 10. Telepnonie Participation ...................................."..............................................5 Page i C. Powers and Duties. 1. Po\vers ............... ..... ....... ... ...... ..... ...... .... .......... .... ................ ...... ........ ......... ... .... 5 2. Management Agent............................................... .......................... .................6 3. l:3oITO\ving ...... .............. ....... ........... .... .. ......... ..... ... .... ........ ... .......... ... ........ 6 4. Fining Procedure..... .......... ................. ................... ..... ....... ......... ........... ....... ...... 6 IV. OFFICERS 1. Officers .... ........................................................................................ . .......7 2. Election, Ternl or Office, and Vaeaneies.......... ...........................................7 3. Removal.................................... . ............................................................... 7 4. President. ........... ................ ..... .................... ................. .................. .......... ...... 7 5. Vice President .............................................................................. ............ ........7 6. Secretary............................................ ..................................... 7 7 . Treasurer ........... ..... .. ...... ... .... ...... ..... ..... ....... ....... ........ ......... ..........7 8. Resignation .................................................................................... .....7 V. COMMITTEES 1. General .................................................................................... .........R VI. MISCELLANEOUS I. Fiscal Year ............................................................................ ............................8 2. Parliamentary Rules .................................. ........................................... R 3. Confliets. ..... ................ ........... ............ ................... ....... ............... .......... ......... 8 4. Amendment.. ................................................................................. ....8 Page II . . BY-LAWS ARTICLE I Nanle. l\lenlbershio. Aoolicabilitv. and Definitions Sectiun 1. Name. The name of the Association shall be the Brookfield Subdivision Homeowners Association, Inc., (hereinafter sometimes referred to as the "AssocIation"). Section 2, Membership. The Association shall have one class of membership, as set forth in that Declaration of Covenants, Conditions, and Restrictions for Brookfield Subdivision, (this Declaration, as amended, renc\ved, or extended from time to time, is hereinafter sometimes referred to as the "Declmation",) the terms of which pcrtainjng to the membership arc specifically incurporated by reference herein. Section 3, Definitions. The words used in these By-Laws shall have the same meaning as set forth in the Dcclaration, unless the context shall prohibit. ARTICLE II Association: Medine:. Quorum. Votinl:!. Proxies . Sectiun 1. Place of MeetIngs. Meetings of the Association shall be held at the principal office of the Association or at such other suitable place convenient to the Members as may be desihrnated by the Board of directors, either In the Community or as convenient thereto as possihle and practical. Sectiou 2. Annual Meetiu1!s. Annual meetings shall be set by the Board so as to occur no latcr than sixty (60) days after the elose of the Association's fiscal year. If the day for the annual meeting of the members is a legal holiday, the meeting will be held as the same hour on the tirst day following which is not a legal holiday (cxeluding Saturday and Sunday). Section 3. Special Meetiut!s. The President IIlay call spct:ial meetings. In additiun, it shall be the duty ofthe President to call a speeial meeting of the Association if so directed hy resolution of a Majority ofthc Board of directors or upon a petition signcd by Membcrs holding at least twenty-five (25%) percent of the total Association vote. Thc notice of any spccial meeting shall state the date, time, and place or such meeting and the purpose thereof. No husiness shall be transacted at a special meeting, except as stated in the notice. Section 4, Notice of Meetings. Tbe Secrctary ofthc Association shall mail or delivcr to each Owner of a Unit a nolice of each annual or special Association meeting at least twenty-one (21) days prior to each am1ualmeeting and at least seven (7) days prior to each special meeting. The notice shall state the purpose of any special meeting and time and place where it is to be held. The notice of an annual meeting shall state the time and place of the meeting. If any Owner wishes llOllee to be given at an address other than his or her Unit, thc (lwner shall have designated by notice 10 writing to the Secretary such other address. The mailing or deli vcring of a Ilolil;e of meeting in the mmmcr provided in this Section shall be considered proper service of notice. Page 1 \\\\\\\\\\\\\\\\\\\\\\\1\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\!\!\\\~~~\\\\\ Doc 10: 1~~~~%6~5~~462~i~:oo PM F.11ed: 11 P<1 e 1 of 41 Fee Amt: $90.0~ k1;!supcrl0r. Court Fayet.te, Gadd C /~lerk uf Court Sheila 5tu ac 06 246 8K2904 p02 - Section S. \Vaiver of Notice. \Vaiver of notice of a meeting of the Members shall be deemed the equivalent of proper notice. Any Member may, in writing, waive notice of any meeting uf the members, either before or after such meeting. Attendance at a meeting by a member, whether in person or by proxy, shall be deemed waiver hy such member of the notice of time, date, and plaee thereof, unless such member specifically object to lack of proper notice at the time the mt:eting is called to order. Section 6, Adjournment of Meetings. If any meetings of the Association eannot be held because ofa quorum is not present, a Majority of the Members who are present at such meeting, either 1Il person or by proxy, 111ay adjourn the meeting to a time not less than five (5) nor more than thirty (30) days from the time the original meeting was called. At such adjourned meeting at which a quomm is present, any husiness which might have been transacted at the meeting originally called may be transacted without further notice. Section 7, Voting. The voting rights of the memhers shall he as set forth in lhe Declaration, and such voting rights are specifically incorporated herem Section 8. Proxies. At all meetings of members, each Member may vote in person or by proxy. All proxies shall be in writing, dated, and filed with the Secretary hefore the appointed time of each meeting. Every proxy shall be revocahle and shall automatically t:ease upon conveyance hy the member of his or her Unit, or upon n:ceipt of notice by the Secretary of the death or judicially declared incompetence of a Member, or of written revocation, or upon the expiration of eleven (11) months from the date of the proxy. Section 9, Quorum. The presence, in person or by proxy, of Members holding at least twenty-five (25%) percent oj'[he lotal eligible Association votes appertain shan constitnte a quorum at all meetings of the Association. The members present at duly called or held meeting at whieh a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of enough members to leave less than a quorum. ARTICLE III Board of Directors: Nnmber~ Powers, Meetim.!s A, Composition and SelectIon. Section L Governing Bodv; Composition. The affairs of the Association shan be governed by a Board of Directors. Except as provided in Section 2 ofthis Article, the directors shall be Members or spollses of such members; provided, however, no Person and his or her spouse may serve on the Buard at the same time. Section 2. Numher of Directors. The Board shall consist of three to five (5) members, the exact number to be set by the Board of Directors. Section 3. Nomination of Directors. Elected Directors shall be nominated from the floor and may also he nominated by a Nominating Committee, if such a committee is estahlished .,__ 1111I11111111111111111111111111111111111111111111111111111111111111111111111111\ Doc IO: 006924150041 Type: GlR Fil@d: 11/17/2005 at 02:17:00 PM Page 2 Fee Amt: $90.00 Pa\=1e 1 of 41 Fayett@. Ga. Clerk Superior Court Sheila Studdard clerk of Court BK?Q04 po?On-?46 . . . by the I3oard. All eandidates shall have a reasonable opportunity to communicate their qualifications to the Members and to solicit votes. Section 4, Election and Term of Office. The term of a MaJonty of the duectors shall expire two (2) years after the first annual meeting, and the tenn of the remainder of the directors shall expire one (1) year after that annual meeting. At the expif8tion of the first tcrm of officc of each member of the initial elected Board ofDire<.:lors, a successor shall be elected to serve for a term of two (2) years. The members of the Board ofDireetors shall hold office until their respective successors shall have been elected by the Association. At each annual meeting of the membership, directors shall be elected to succeed those directors whose terms are expiring. All eligible Members of the association shall vote 011 all directors to he elected, and the candidate(s) rcceiving thc most votcs shall bc elected. Section 5. Removal of Directors. At any rc!:,rular or speclal meeting ortht: Assm;iation duly called, anyone or morc of the members of the Board of Directors may be removed, wlth or without cause, by Members holding at least a Majority vote ofthc total Association Votc and a successor lIlay then and there be e1eded to Jill the vacancy thus created, A Director whose removal has been proposed by the Owners shall be given at least ten (10) days' notice ol"the call of the meeting and the purpose thereof and shall be given an opportunity to be heard at the meeting. Additionally, any Director who has three (1) conseeutivc uncxcused absences from Board meetings or who 1S delinquent in the payment of an assessment for more than twenty (20) days may be removed by a Majority vote of the Directors at a meeting, a quorum being present Section 6. Vacancies. Vacancies in the Board of Directors caused by an)' reason, ex eluding the removal of a Director by vote of' the Association, shall he filled hy a vote of the Majority of the remaining Directors, even though less than a qUOlum, at any meeting urthe Board of Directors. Each Person so selected shall serve the uncxpired portion of the tCll11. B. MeetiIu!s. Section 1. Or!!anization l\1cctiD!!s. The tirst mecting of the members of the Board of Directors f()llowing each annual meeting of the memhcrship shall be held within ten (10) davs thereafter at sueh time and place as shall be fixed by the Board. Section 2. Rc!!uJar Meetin2:s. Rq.,Tular meetings of the Board of Directors may be held at such time and place as shall be determined from time to timc by a Majority of the Directors, but at least four (4) such IIlcctmgs shall be held during each fiscal year with a least one (1) pcr quarter. Notice of the regular schedule shall constitute suffic1ent noti~e ufsuch meetings. Section 3. Special Meetin!!s. Special meetings of the Board ofDireetors shall be held when requested by the President, Vice President or by any two (2) Directors. The notice shall specify the time and place of the meeting and the nature of any special business to be considered. The notice shall be given to each Director by one of the following methods: (a) by pcrsonal dclivcry; (b) written notiee by first elass mail, postage prepaid; (c) by telephone communication, either directly to thc Director or to a Person at the Director's home or office who would Page 1 reasonably be expected to communicate such noti<.:c promptly to the Director; or Cd) by telegram, charges prepaid. All such notices shall be given or sent to the Director's address or telephone number as shown on the records of the Association. Notices sent hy first class mail shall be deposited into a Unitcd States mailhox at least four (4) days belore the time set tor the meeting. Noticcs given hy personal delivery, telephone, or telegraph eompany shall be given at lcast forty- eight (48) hours before the time set for the meeting. Section 4. Waiver of Notiee. the transactions of any meeting ofthc Board of Directors, however called and noticed or wherever held, shall be as valid as though taken at a meeting duly held ancr regular call and notice, if (a) a quorum is present, and (b) either before or ancr the meeting, each of the Directors not present slgns a written waiver ofnutice, a consent to holding the meeting, or an approval of the minutes. The waiver of notice or consent need not specify the purpose of the meeting. Notice of a meeting shall aIso be deemed given to any Director who attends the meeting without protesting before or at its commencement about the lack of adequate notice. Section 5. Quorum of Board of Directors. At all mectings of the Roard of Directors, a Majority of the Directors shall constitute a quon1m for the transaction of business, and the votes of a Majority of the Directors present at a meeting at which a qUOlum is present shall constitute the decision of the Board of Directors. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the \vithdrawal of Directors, if any action taken 1S approved by at least a Majority ofthc rcquired quorum for that meeting. If any meeting cannot be held because a quorum is not present, a Majority of the Directors who are present at such mccting may adjourn the meeting to a tnnc not less than five (5) nor more than thirty (30) days from the time that the original meeting was called. At such adjourned meeting at whlch a yuorum is present, any business whieh might have heen transacted at the meeting originally called may be transacted without further notice. Section 6. COIllDcnsation. No Director shall receive any compensation from the Assoeiation for acting as such unless approved hy Members holding a Majority of the total Association vote. SectIon 7. Open Meetings. All meetings of the Board shall be open to all Members, but Members other than Directors may not participate in any discussion or deliberation unless expressly so authorized by the Board. Section 8. Executivc Session. The Board may adjourn a meeting aml reconvene in executive session to discuss and vote upon personnel matters, litigation in which the Association is or may become involved, and orders of business of a similar nature, The nature of any and all business to be considered in executive session shall first be announced in open session. Section 9. Action \Vithout a FOrIllal J\.leetio2. Any action to be taken at a meeting of the Directors or any action that may be taken at a meeting of the Directors may be taken without a meeting if a consent in \\Titing, setting forth the action so taken, shall bc signed by all of the Directors. PilE;C 4 . . . Section 10. Telephonic Participation. One or more Directors may par1icipate in and vote during any rC,b'Ular or special meeting of the Board by telephone conference call or similar commulllcatioIl equipment by means of which all persons participating in the meeting can hear each other at the same time, and those Directors pariicipating by telephone shall be dt:t:mcd to be present at such meeting for quorum and other purposes. Any such meeting at ",..hieh a quorum participates shall constitute a regular meeting of the Board. C. Po\'\,crs and Duties. SectIon L Powers. The Board of Directors shall be responsihle for the affairs ofthc Association and shall have all of the powers and duties necessary tor the administration of the Association's affairs and, as provided by law, may do all acts and things as are not by the Declaration, Artieles, or these By-Laws directed to he donc and excrciscd cxelusiveIy by the Members. In addition to the dulles imposed by these By-Laws or by any resolution of the Association that may hereafter be adopted, the Board of Directors shall have the power to and be responsible for the following, in way of explanation, but not limitation: (a) preparation and adoption of an annl1al budget in which thcre shall be established the contribution of each owner to the common expenses; (b) making assessments to defray the common expenses, establishing the means and methods of eollecllng sueh assessments, and establishing the pcriod of the installment payments of tile annual assessment; (c) providing for the operation, care, upkeep, and maintenance of all areas which arc the maintenance responsibility of the Association. (d) designating, hiring, and dismissing the personnel necessary for the operation of the Association and, where appropriah:, providing for the compensation of such personnel and for the purchase of equipment, supplies, and material to be used by such personnel in the perfonnancc of their duties; (e) collecting the assessments, depositing the proceeds thereof in a bank depository which it shall approve, and using the proceeds to administer the Association. (f) making and amending use restrictions and TIlles and rCh'1llations; (g) opening of bank accounts on behalf of the Association and designating the signatories required: (h) enforcing by legal means the provisions of the Declaration, these By-I ,aws, and the rules and regulations adopted by it, and bring any proceedings which may be instituteu on behalf of or against the Owners concerning the Association. (i) obtaining and carrying insurance against casualties and habilities. as provideu in the Declaration, and paYlIlg the premium cost thereof; Page 5 (j) paying the cost of all services rendered to the Association or its Members which are not directly chargeable to Owners; (k) keeping books with detailed accounts of the receipts and expelldltures affecting the Association and its administration, and specifying the maintenance and repair expenses and any other expenses incurred; and (1) contracting with any Person for the perfonnance of various duties and functions. The Board shall have the power to enter into <.:ommon managemcnt agreements with trusts, condo- miniums, or olher associations. Any and all functions of the Association shall be fully transferable by the Board, in whole or in part, to any other entity. Scction 2, Manal!cment AI!ent. The Hoard of Directors may employ for the Association a professional management agent or agcnts at a compensation estabhsht:u by the Board of Directors to perform such duties and services as the Board of Directors shall authorize. The tenn of any management agreement shall not exceed one (I) year and shall be subject to ten11ination by either party, without cause and without penalty, upon thirty (10) days' written notice. Section 3. Borrowinl!.. The Board of Directors shall have the power to bOITmv money for the purpose of repair or restoration of the Common Property and tacilities without the approval of the Members of the Association; provided, hmvever, the Board shall obta111 membership approval in the same manner as for spet.:iaJ assessments, in the event that the proposed borrowing is for the purpose of modifying, improving, or adding amenities, and the total amount of such bon-owing exeeeds or would exceed Ten Thousand (S 1 0,000.00) Dollars oUlstanding debt at anyone time. Section 4, Fininl! Procedure. The Hoard shall not impose a fine (a late charge shall not constitute a line) unless and until the following procedure is followed: (a) Notice. Written notice shall be served upon the violator speeifying: (i) the nature of the violation and the tine imposed: (ii) that the violator may, willun ten (10) days from the datc notice, request a hearing regarding the fine imposed; (iii) challcnge the finc; the name, address and telephone number of a person to contact to (iv) that any statements, evidence, and witnesses may be produced by the violator at the hearing; (v) that all rights to have the fine reconsidered are waived if a hearing is not rcqucsted within ten (10) days olthe date of the notice. Page 6 . (b) Hearing. If a hearing is requested, it shall be held before the Board in execuhve session, and the alleged violator shall be given a reasonahle opportunity to be heard. The minutes of the lneeting shall contain a written statement orth~ results ufthe hearing. ARTICLE IV Officers Section 1. Officers. The officers of the Assodation shall be a President, Vice President, Secretary, and Treasurer. Any two or more offices may be held by the same Person, excepting the omces of President and Secretary. The Prcsident and Treasurer shall be elected from among the members of the Board of Directors. Section 2. Election. Term of Office. and Vacancies. The officers oftlle Association shall be elected arumally by the Board of Directors at the first mccting of the Board of Directors following eaeh annual meeting of 11m Members. A vacancy in any office arising because of death, resignation, rcmoval, or otherwise may be Iillcd by the Board of Directors for the unexpired portion of the term. Section 3. Removal. Any officer may he removed hy the Board of Directors whenever, in its judgment, the best interests of the Association will be served thereby. . Section 4. President. The President shall be the chief exccutive officer of the Association and shall presIde at all medings ofthe Association and of the Board of Directors. The Prcsident shall have all the general powers and duties which are incident to the officc of the president of a corporation organized under the Georgia Nonprofit Corporatiun Code. Section 5, Vice President. The Vice President shall act in the President's absence and shall have all powers, duties, and responsibilIties provided for the Presidcnt wben so acting. Section 6. Secrctarv. The Secretary shall kccp the minutes of all meetings ofthe Association and of the Board of DIrectors and shall have charge of such books and papers as the Board of Directors may direct and shall, in general perfoTIn all duties incident to the office ofthc secretary of a corporation organized in accordance with Georgia law. Section 7, Treasurer. The Treasurer shall have the responsibilIty for the Association's funds and securities ar1d shall be responsibIe for keeping full and accurate financial records and books or account showing all receipts and disbursements, for preparing all required financial statements and tax returns, and for the dcposit of all monies and 0111er valuable dh:ds in the name of the Association or the managing agent in such depositories as may from time to time be designated by the Board of Directors. Section 8. Resil::mation. Any officer may resign at any time by giving written notice to . the Board of Directors, the President, or thc Secretary. Such resignntion shall take effect on the 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIIIIIIIIIIIW11111111I111111 Doc 10: 006924150041 Type: GLR FlIed: 11/17/2005 at 02:17:00 PM Fee Amt: $90.00 Pa~e 1 of 41 Page 7 Fayette, Ga. Clerk Superior Court Sheila Studdard Clerk of Court 8K2904 PG206~246 date of the receipt of SllCh notlce or at any later time specified therein, and unless otherwise specified thcreln, the acceptance of such resignation shall not be necessary to make it effective. ARTICLE V Committees Section 1. General. Committees to perform such tasks and to serve for sucn periods as may be desi~,'nated by the Board are hcrcby authorized. Each eommittee shaIl he composed and shall operate in accordance with the terms 0 rthe resolution of the Board of Directors designating the committee or with rules adopted by the Board of Directors. ARTICLE VI l\iiscellaneous Section L Fiscal Year. The fiscal year of the AssociatlOn shall bc determined by resoIution o[the Board. In the abscnce of such a resolution, the fiscal year shall be the ealendar year. Section 2, Parliamentarv Rules. Roberts Rules of Order (current edition) shall govern the conduct of all Association proceedings, when not in conilict with GeorgIa Law, the Articles ofIncorporation, the Declaration, these By-Laws, or ruling made hy the Person presiding over the proceeding. Section 3. Conflicts. If there are conflicts or inconsistencies between the provisions of GeorgIa law~ the Articles of Incorporation, the Declarations, and these By-Laws, the provisions of Georgia law, the Declaration, the Articles oflncorporation, and the By-Laws (in that onkr) shall prevaiL Section 4, Amendment. These By-Laws may he amended unilaterally at any time and from tilTIe to time (a) if an amendment is nec.essary to bring any provIsion into eompliance with any applicable goverllInental statute, fillc, or regulation or Judicial determination with which it is in conflict; (h) if an amendment is necessary to enable any reputable title insurance company to issue title Insurance coverage with respect to the Units subject to the Dedaration; (c) if an amendment is required by an lIlstitutional or govcmmentallender or purchaser of mortgage loans, including, fur example~ the Federal National M01tgage Assoc.iation or Federal Home Loan Mortgage Corporation, to enable the lender or purchaser to make or purchase Mortgage loans on the Units subject to the Declaration; or (d) if an amendment is necessary to enable any governmental agency Of reputable private insurance company to insure Mortgage loans on the 1 Tnits subject to the Declaration. However, any such amendment shall not advcrsely affect the title to any Owner's Unit unless any l Jnit Owner consents to the amendment in writing. These By-Laws may be amended upon the affinnative vote or written consent, ur any combination of allinnative vote and written consent, of Members holding at least a Majority of the total Association vote. Amendments to these By-Laws sha1] hecome effective upon recordation, unless a later effective date is specified in the amendment 1\\\\\I\I\\\\\\\\\I\\I\\\\I\\\.~\\II\\\III\\I\II\\\\L ~~~l ~~:11/~~'~66~5~~462~i~~boG~~ Fl e. ~ 00 PaQe 1 of 41 Fee Amt: ~90'Cl k superlor Court Page R ~~~n~e st~~da~/berk of Court 8K2904 p0206-246 . TN WITNESS WHEREOI', the undersigned ofjlcers of Brookfield Homeowners AssocIal1on, Inc. hereby certify that tnese Amendments to the By-Laws were duly adopted by the required vote of the Association membt:r.ship and any required notices were duly given. TIllS / 7:' day of '7J'>[jY:FYvIL~/ ..' 2005. \\/itness: BROOKFIELD SUBDIVISION IIOMEOWNER'S ASSOCIATION, INC. ~e:g</ / By By. ~ (;~~7L~~r/ . Swam to and sUbseri.b. cd l?e.fore me tIllS ;]IJ; day of@tIi'I1/!J(A. ,2005. ,I "./;'y n_ /! ' ' / II (1 f -'1 /, ,t ,:..---- . dt{//{l.1C. ill: )1 ?"If/!- NotRry Public, State of Georgia My Commission expires: ~JN!'..v1 (:QNOUFF Notary Public _County State of Georg6a My Commission Explfe5 ftpr 1.11 ?0(W ~, U...) v . -11111111111111111111111111111111111111111111111111111111111111111111111111111111 Doc 10: 006924150041 Tvpe: GLR Filed: 11/17/2005 at 02:17:00 PM Fee Amt: $90.00 PaQe 1 of 41 Fayette, Ga. Clerk Superior Court Sheila Studdard Clerk of Court BK2904 PG206-246 Page 9 . . . Revised lO/26/Uj EffectIve date 10..'9/99 Brookfield Homeowners Association Architectural Guidelines/Rules and Regulations ARCHITECTURAL GUIDELINES I. Exterior Decorations. Obiects. Liahtina. etc, 1. Exterior decorative objects include (but not limited to) items such as birdbaths, sculptures, fountains, freestanding poles, flagpoles and exterior lights, as well as large fixtures or other items attached to the home, other than antennas. 2. A Request Form (attached) must be submitted for the above, except for the following which do not require the submission of a Request Form: A. B. F!ag poles of 5 feet or less, attached to the home. lights that meet the following criteria: 1 lighting does not exceed 12" in height above the ground. 2. The number of lights does not exceed 15, are of low brightness, and are located to cause minimal visual impact on adjacent properties and streets. 3. Seasonal decorative lights. These must be removed within thirty (30) days following the holiday. 4. Front door, entry and porch area decorations must be tasteful and in keeping with the style and colors of the home. Plants and flowers in pots must be neat and kept healthy. 5. Garden plots must be located in the back yard within the property line and maintained in a clean and attractive manner. The maximum height of any plant can be NO more than 6 feet. II, Playhouses and Play Eauipment 1. Plavhouses, A A Request Form (attached) must be submitted for all playhouses, and must adhere to the following guidelines: 1. Playhouses must be located where they have a minimal visual Impact on adjacent properties, and may be of no larger dimension than 64 square feet. Page 2 2 If constructed of wooden material, it must be stained or painted a color consistent with the house. 2. Play Eauipment Other Than Playhouses. A. A Request Form (attached) must be submitted for play equipment. except if it is to be located: 1. In the rear (backyard), inside the fenced area, if the yard is fenced. 2. Directly behind the house, inside extended lines of the side of house. 3 Located where it will have minimal visual impact on adjacent properties III. Basketball Goals 1. A Request Form (attached) must be submilted, except if the following requirements are met. A. The backboard is perpendicular to the street. B. The post is painted black and portable free standing. 2 No basketball goals may be attached to the house. IV, Fences 1. A Request Form (attached) must be submitted for all fences. Additionally, all fences must adhere to the following guidelines: A. All fences must be of white pve material. B. A Site Plan denoting a detailed location of the fence must accompany the Request Form. e The maximum height shall not exceed six (6) feet, and shall be erected on the side and back property lines, conSidered "common" lines. D No fence shall be erected forward of the rear plane of the house, and corner lot fencing may not be closer to the side street than the building line of the Lot E. Any plan to erect fencing should involve approval from adjacent neighbors, as any subsequent fencing approved for their property would require attachment to your fence on the common line . . . Page 3 V, Exterior Landscapinq and Maintenance. 1. A Request Form (attached) IS required for screen planting (row or cluster style), property line plantings and large scale landscaping. Forms must include the description of types and sizes of trees or shrubs to be planted, and a site Q@!:Lshowing relationship of planting to the house and adjacent property. No shrubs on property lines in the front yard and/or trees. Back or side yard shrubs must be no closer than five (5) feet from property line. 2. All landscape beds must be covered with natural pine straw, cypress bark, mulch, volcanic nuggets or landscape gravel 3 All landscaping and shrubs located in the front yard must be kept manicured and trimmed periodically through the year. 4 All trees and shrubs must be kept trimmed and shaped at all times For annual/perennial plants, all dead plant trimmings should be immediately removed and discarded in an appropriate manner VI. Firewood 1. A Request Form is not required for stacking firewood. All firewood must meet the following requirements: A. Firewood should be stacked and maintained in good order, and must be screened to be concealed from view of neighbOring Lots, streets, and common property. If shrubs screen firewood piles, they must be evergreen shrubs. Residents are advised that firewood piles are an attraction for termites, and therefore, precautions should be taken to shield for such, and not stacked against the residence. VII. Decks 1. A Request Form (attached) must be submitted for all deck construcllon and additions. This Form must include and be accompanied by the following data: A A site plan denoting the location and position relative to the house, dimensions, material, and color, If painted. Materials must be of cedar, cypress, redwood or pressure treated. Color must be natural or painted to match or compliment house color and/or existing deck. A Buildinq Permit must be obtained from the Buildinq Department of Peachtree Citv. B C D Page 4 VIII, Exterior House Alterations 1. A Request Form (attached) must be submitted for all extenor alterations, construction or additions. This includes, but is not limited to, storm doors and windows, repair or reconstruction of garages, porches, and room additions. A site drawing showing area of planned alteration or addition must accompany the Request Form. Additionally, the following guidelines must be met: A If paint color is different from present house color, a paint color sample and area of home to be painted must accompany the Request Form. B. Roof repair or replacement requires a Request Form and sample of new roof material that matches or is nearlv identical to present roof C. Driveways must be repaired or replaced with concrete. No asphalt! D. Doghouses - a Request Form must be submitted for all doghouses. These must be located in the BACK YARD with minimal visual impact to adjacent neighbors. E. A Building Permit must be obtained from the Peachtree City Building Department for any alterations or additions, except permits are not required for repair of drivewavs, roofs or repaintinq. F. Mailbox replacements must be identical to the origlllal mailbox. No permanent alterations are permitted, nor color change-- must be black. IX. Interior Home Alterations No request form IS necessary. No alterations to garage's interior are permitted except for shelving/cabinetry which Will not diminish access for two (2) vehicles at any given time RULES AND REGULATIONS X, Parkinll 1. No parking by residents is permitted on the street except for shorI periods of four (4) hours or less. 2 Guest parking is permitted along street, but not to exceed 72 hours. 3. Residents are to advise guest to avoid parking in areas of possible obstruction of traffic, such as near an intersection, on a curve in a cul-de- sac or very near a driveway. Parking near a mailbox will likely result In non-mail delivery. . . . Page 5 4 No Parking on any grass area. This includes golf carts. XL Pets 1. Must be on leash when outside. 2. Unleashed pets are permitted outside in their yard only, and when accompanied by owner(s) and under voice command. 3 Animal deposits must be picked up and deposited in an appropriate container. XII, Sians 1. Real Estate or Rent/Lease A Must be no more than 18" x 24" x 36" high, on metal frames. B. Must be removed immediately after sale-closing date. Rent/Lease removed after contract consummated 2. Yard Sale A Entrance-way 1 Only signs from the City of Peachtree City (brown & white) are permitted at the front entrance. Please use the left side of entrance as you eXit the subdivision for placement of signs NO slqns are permitted in the center island of the entrance wav Signs must be removed following the day of event 3 Graduation Sians A May be displayed for a period not to exceed two (2) weeks. 4. Political" A Signs displaying candidates for political office may be erected on owner's property In conformance with the following limitations and restrictions: 1. No more than two (2) signs per yard. 2. No more than 18" x 24" In size per sign, and 36 inches overall height 3 Signs must be located at least 10 feet back from the curb. 4. Duration of display is no more than three (3) weeks pnor to election day, and removal within 24 hours following election day. Also applies to run-off eleclions. " Effeclive October 26, 2005 by edict of Board of Directors Checklist Items to be submitted with your REQUEST FORM The followine items MUST accomvanv vour REQUEST FORM 1. Description of materials to be used, 2. Site plan (approx, to scale) or copy of the survey of your lot with dimensions of subject request. Exterior Decorations, Objects and Lighting, etc. Some do not require a Request Form. Consult the Guidelines Picture or sketch and description of objects with colors. Play House - Reouest.Form n""~~ Picture or sketch of play house including dimensions and location. Play Equipment Some do not require a Request Form. Consult the Guidelines Sketch and description including dimensions and location. Basketball Goal Some do not require a Request Form. Consult the Guidelines Fencing - Reouest Form n""~~, Copy of lot surveyor sketch showing location and measurements, Exterior Landscaping - Reouest.Form need~ _Some landscaping does not require a Request Form Drawings and dimensions along with location on a site plan, Types and sizes of plantings listed Deck - ,Reauest.form needed Sketch and description of materials along with dimensions and color. Deck screws should be used Exterior House Alterations - Reouest Form need~ Sketch of subject alteration or addition showing dimensions and colors. Color of paint if different from present color. Sample of roof material to be used. _Sketch of dog house and dimensions. . Brookfield Homeowners Association P.O,Box 3607 Peachtree City, GA 30269-7607 . . REQUEST FORM for: PLANTING - CONSTRUCTION - MODIFICATION -- ADDITION, ETC, of Home and lor Lot I/We Residence Home# Work#_______.________-____________ Request approval from the Brookfield Homeowners Board of DIrectors to proceed with the following described project (use back if more space needed) The plans and/or sketch ofthls project are attached and are In full compliance with the Brookfield Homeowners Association Guidelines and the Covenants, Rules and Regulations. A Building Permit will be obtained from the City of Peachtree City (if required), a copy of such will be given to the Board of DIrectors as part of this ftle, ------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------- I understand and agree that no work 0f1 this request shall commence unt!1 written approval of the Boardl of Directors has been received by me. I understand that I am responsible for complying with all citY. county and Atlanta Regional Commission (ARC) regulation. The Association Board of Directcrs ncr their respective members, Secretary, successors. ass!~ns, agents, representatives or employees shall be liable for damages or otherwise to anyone requesting approval of an architectual alteration by reason of mistakl"! in judgment, negligence or non-feasance, arising out of any action with respect to any submission. The architectual review is directed tow<ifd review and approval of site planning, appearance and aesthetics. None of the foregoing assume any responsibility regarding design or construction, including, without limitation, the strlJctlJal integrity. mechanical or electrical design methods of construction, or technical suitability of materials. I hereby release and covenant not to sue all of the foregoing from/for any claims or damages regarding this request or the approval or denial thereof. Owners Signature Date ------------------------------------------------------------------------------ ApprovedjDisapproved this date / / by the Board oj Directors whose signatures appear belaw. A majority of three (3) required. (Reason Jar disapproval on back). jJresident Vice-President Treasurer Secretary Director