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Coventry-Cloister I, II & III ) . \eTv-R#.jlO: C6Vv./TI'-'f Home OWNc~5 fj%/1 , Po t!3ffX'0tJ([/1- pe/fCtr'fy<ee EJTY}$f 302-69 DECLARATION OF PROTECTIVE COVENANTllI. E!J..& f1~'{;0 C' ,- ANiYRES'TRICTIONS 'l:A'ri:1 rE COUNTY. GA. FOR THE CLOISTER I. IT & III SUBDlVISION~ 1 nq 9 Illl'n 2 5.1'. AND THE COVENTRY HOMEOWNERS ASSOCIA fO'N' I II SHEILA llTlJB!ilMHt CLERK THIS DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS is made and published this q 'fI.- day of CJ ~ , 2001, by the Coventry Homeowners Association. WITNESSETH: WHEREAS, the members of the Coventry Homeowners Association are the owners of certain property in the Cloister I, II, and III Subdivisions, being more particularly described as follows: Cloister I, Land Lots 126, 127, 130 and 131 of the 7th District of Fayette County, Georgia, and being Lots 1 through 13 and 39 through 59 of the Cloister I Subdivision, as per plat of survey recorded in Plat Book 14 as pages 178 & 179, Fayette County, Georgia records (Sed~xhihitS!>A &B). .-. Cloister II, Land Lots 126, 127, 130 & 131, 7th District, Fayette County, Georgia, being lots 14 through 38, inclusive and lots 60 through 76 inclusive of the Cloister Unit II as per Plat Book IS, Pages 126 and 127, Fayette County records (see also Exhibit C). Cloister Ill, Land Lots 126 and 131 of the 7th District of Fayette County, Georgia which property is more particularly Lots 77 through 89 shown of that certain plat of survey of The Cloister III Subdivision, recorded in Plat Book 16 at pages 104 and lOS, Fayette County, Georgia records (also see Exhibit D). Hereinafter referred to as the "Property". WHEREAS, the members of the Coventry Homeowners Association desire to amend and change The Covenants and Restrictions: Declaration of Protective Covenants, Conditions, Restrictions and Easements for Coventry Subdivision filed and recorded on September 20, ] 999 at ]2: I] PM with the Georgia, Fayette County Clerk's Office, Superior Court and recorded in Book 143, pages 317 through 334. WHEREAS, the Coventry Homeowners Association intends that every person who now or hereafter owns or acquires any right, title, estate, or interest in or to the Property or any portion thereof is and shall be conclusively deemed to have consented and agreed to every limitation, restriction, easement, condition and covenant contained herein, whether or not any reference to these restrictions is contained in the instrument by which such person acquired an interest in said lot or any portion of the site. WHEREAS, it is in the interest, benefit and advantage of The Coventry Homeowners Association and to each and every person who shall hereafter purchase any lot in said BOOK 1 718 PAGE 3 49 ~~ ,- ,.-.. BOOK 1 718 PAGE 35 0 subdivision that certain protective covenants governing and regulating the.use and occupancy of the same be established, set forth and declared to be covenants running with the land. NOW, THEREFORE, for and in consideration of the premises and the benefits to be derived by The Coventry Homeowners Association and each and every subsequent owner of any lot in said subdivision, the Coventry Homeowners Association does hereby establish and declare the following protective covenants to apply to all of said lots in said subdivisions and to all persons owning said lots and said lots shall be sold, devised, conveyed, used, mortgaged or otherwise encumbered subject to these protective covenants. Every subsequent grantee of any interest in any lot, by acceptance of a deed or other conveyances of such interest, whether or not such deed or other conveyance shall be signed by such person, and whether or not such person shall otherwise consent in writing, shall take subject to this Declaration and to the terms and conditions hereof and shall be deemed to have assented to such terms and conditions. ]. Duration. These protective covenants shall run with and bind the land, and shall be and remain in effect, and shall inure to the benefit of and be enforceable by any association, person or entity designated by the Coventry Homeowners Association or any owner of any lot, now or hereafter subject to this Declaration, their respective heirs, legal representatives, successors and assigns, until twenty (20) years from the date hereof At that time these Covenants and Restrictions will be automatically renewed for an additional twenty (20) years, unless specific action is taken to supercede or cancel them by 60% of the Coventry Homeowners Association membership. 2. Architectural Control. a) Approval- No dwelling shall be erected, placed or altered on any lot until the construction plans and specifications have been approved by the Coventry Homeowners Association as to the quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finished grade elevation. Any later additions or alterations to dwellings upon said property must be submitted for approval to the Coventry Homeowners Association and must be completed expeditiously in accordance with such approved plans and specifications. All requests must be in writing and must include appropriate diagrams and/or plans. b) Paint Colors - When repainting any portion of the exterior of the home, the choice of colors must harmonize with other house colors in this subdivision. Any changes to include existing unapproved changes to the original John Wieland colors must be approved by the Coventry Homeowners Association. Such requests shall be in writing and be accompanied by paint samples. c) Siding - The use of vinyl or "other than original" siding is authorized. The choice of color, style, and type of siding much harmonize with other house siding in this subdivision. Changes in house siding must be approved by the Coventry Homeowners Association. All requests for change must be in writing and accompanied by siding samples. 3. Land Use and Buildin~ Type. No lot shall be used except for single-family residential purposes. No building shall be erected, altered, placed or permitted to remain in any lot " f / ..../ '. ~ other than one detached single family dwelling not to exceed 2 Y2 stories in height and an attached garage for not more than three vehicles. No lot may be re-subdivided nor more than one dwelling may be placed on a lot. a) No schools, churches, kindergartens, day care centers, temporary buildings, shacks, tents, mobile homes, modular homes, relocatable, relocated homes shall be placed or maintained on any lot in the subdivision. b) Any utility building, playhouse, when authorized by the Coventry Homeowners Association, shall be of the same type construction and color as the main dwelling. No prefab metal or plastic utility buildings or sheds are authorized. 4. Blocks. Whenever dwellings erected on any lot are constructed in whole or in part of concrete blocks, cinder blocks or any other fabricated masonry block units, such blocks shall be veneered with brick, natural stone, painted, stucco or other approved material over the entire surface of exposed blocks above finished grade. 5. Site Distance at Intersections. All lots at street intersections shall be so landscaped as to permit safe sight across the street openings. No fence, wall, hedge or shrub planting shall be placed or permitted to remain at the corner of said lot that would create a traffic or sight problem. /-, 6. Fences and Walls. Fences and walls shall not be erected, placed or altered on any lot closer to any street than the rear edge of the dwelling built on said lot unless the same be retaining walls which do not in any event rise above the finished grade elevation or the earth embankments so retained, reinforced or stabilized. The exposed part of retaining walls shall be made of railroad ties, landscaping timbers, brick, natural stone or other approved material. No such fence or wall shall exceed 6 feet in height above surrounding ground level. On corner lots, no fence or wall shall be constructed closer to a street line than the alternate building line applicable to said lot. In any event, there shall not be erected or placed on any lot in this subdivision a fence of the "cyclone" or "chain link" type. 7. Maintenance of Lots. a) The grounds of each lot shall be maintained in a neat and attractive condition. b) Upon failure of any owner to maintain his lot in a neat and attractive condition, the Coventry Homeowners Association may, after fifteen (J 5) days written notice to such owner, enter upon such lot and have the grass, weeds and other vegetation cut when, and as often as, the same is necessary in its judgment, and may have dead trees, shrubs and other plants and trash removed therefrom. ~~.-... c) Such owner shall be personally liable to the Coventry Homeowners Association for the reasonable cost of cutting, clearing, maintenance or removal and the liability for amounts expended for such cutting, clearing and maintenance shall become a permanent charge and a continuing lien upon such lot, enforceable by BOOK 1718PA6E 351 BOOK 1 718 PAGE 35 2 /- the Coventry Homeowners Association, by any appropriate proceeding in law or in equity including foreclosure of the lien against the lot to which it relates. Although notice as given hereinabove provided shall be sufficient to give the Coventry Homeowners Association or its designated committee the right to enter upon such lot and perform the work required, entry for the purpose of performing the work required shall be only between the hours of7:00 a.m. and 6:00 p.m. on any day except Sunday or a legal holiday. d) No dwelling or structure on any lot shall be allowed to fall into neglect or disrepair. In the case offire damage, the repair or rebuilding should begin within 75 days and be completed within a reasonable time thereafter. In other cases, failure by the owner to take such action as is necessary to maintain, repair, or replace his dwelling shall, after 30 days written notice from the Coventry Homeowners Association to repair or demolish and to charge the cost a lien against the property which shall be enforceable by any means available at law or equity, including foreclosures of the lien against the lot to which it is related. 8, Business Activitv. No business, trade or commercial activity of any kind shall be conducted on the land, provided, nonetheless, a residence may be used for personal or professional office work by a resident, or customary home occupation, if the conduct of such profession does not entail a measurable amount of increase in the flow of vehicular traffic on the property (if allowed by local zoning or other land use ordinances). r"'~ 9, Mailboxes. All mailboxes shall be of a standard type, T-2 size, black or matching house color, unembellished, and maintained in good repair. Wooden posts shall be used for all mailboxes. The color of the wood post shall be natural or match the house colors. 10. Drainage. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. II. Gardens. Plav Eauioment and Pools. Only ornamental plants and shrubbery shall be allowed between the rear of the dwelling and any street line. Any vegetable garden, hammocks, statuary, play equipment or pools must be located between the rear of the dwelling and the rear lot line. 12. Evesores. a) All clothes drying equipment and areas shall be constructed so as to be hidden from any view from the street. b) No lot or property shall be used as a dumping ground for rubbish or garbage. c) Compost piles, when used, shall be constructed and maintained so as not to be an eyesore or emit offensive odors. 13. Garbage Containers and Collection, ,~ a) All garbage containers shall be screened so as not to be visible from the street. ,."'-"" b) If garbage is placed on the street for collection, it shall be done in such a manner that it will not become scattered around the neighborhood prior to collection. 14. Easements. a) Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the referenced subdivision plats. b) No owner of any lot may obstruct or re-channel the drainage flows after installation of drainage swales, storm sewers or storm drains. An easement is reserved to the County for purposes of repairing or maintaining the sewer and storm drains. 15. Parking and Vehicles. No boat trailer, motor home, house trailer, school bus, commercial vehicle, or any similar items shall be stored or parked on any lot except within an approved enclosed garage. In addition, no inoperable, unregistered or dismantled automobile, truck or other motorized vehicle may be kept outside a garage. Boats and recreational vehicles must be stored in enclosed garages. Parking on lawns is expressly prohibited. 16. Guns. The use of firearms on the subdivision premises is prohibited. The term firearms includes "B-B" guns, pellet guns and firearms of all types. /"'" 17. Antennas. No one shall mount an antenna on their dwelling, which extends more than six feet above the highest part of the roof Satellite dishes 18" and smaller may be mounted on the house. No free standing antennas whatsoever are permitted on any lot. The word "antenna" is used herein to include any and all devices designed to receive or transmit any type of commercial signal. 18. Solar Collectors. No solar collector panels of any description shall be installed without the approval of the Coventry Homeowners Association. 19. Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except dogs, cats or other household pets which may be kept provided they are not kept, bred or maintained for any commercial purposes. No household pets shall be allowed to run loose throughout the subdivision. 20. Si€(ns. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than five square feet advertising the property for sale or rent. Political signs before elections are authorized. 21. Tree Removal. No trees shall be removed except for: (a) diseased or dead trees, (b) trees needing to be removed to promote growth of other trees, ( c) trees in the way of construction of an in-ground swimming pool, rear yard play facility or fence. ~ BOOK 1718PAGE 353 '. BOOK 1718PA6E 354 ,- 22. Lighting. No residents shall have exterior lighting other than: (a) a decorative post light, (b) low illumination walkway lights (C) seasonal decorative lights, (d) direct illumination of the home which shall be positioned not to shine on any neighbor's home. 23. Recreation Property. Every member of the Association has a right in the easement of enjoyment in and to the Recreation Area including, but not limited to, the non-exclusive right to ingress and egress and non-exclusive right to use the Recreation Area for recreation purposes and such easement shall be appurtenant to and shall pass with the title to all portions of the Restricted Property, unless waived by a vote of 60% of the Coventry Homeowners Association membership. 24, Assessments. . a) The annual and special assessments, together with such interests and costs of collection thereof shall be a charge on the land, shall be a continuing lien upon the property against which each such assessment is made and shall also be the personal obligation of the person who is the record owner of the property at the time the assessment fell due and shall also pass to such owner's successor-in-title. -, b) The levied assessments shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the members and their tenants and, in particular, for the servicing, improvement and maintenance of the Recreation Area and facilities related thereto devoted to such purposes and related to the use and enjoyment of the Recreation Area, and for maintenance of the landscaped entrance areas of the Coventry Subdivisions. c) The Coventry Homeowners Association may levy and collect a specific special assessment so authorized for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction or unexpected repair or replacement of a capital improvement upon the Recreation Area, including any necessary fixtures or personal property related thereto. d) If an assessment is not paid on or before the date when due then such assessment shall become delinquent and shall, together with such interest thereon and the cost of the collection thereof if hereinafter, thereupon become a continuing lien on the delinquent members' property which shall bind such property in the hands of the then owner, his heirs, designees, personal representatives, successors and assigns. e) If assessment is not paid within 30 days after the due date, such assessment shall incur a late charge in the amount greater of$lO.OO or ten (10%) of the amount due. The Coventry Homeowners Association may also bring legal action against the owner personally obligated to pay the same or foreclose its lien against such owner's property, in which event, attorney's fees shall be added to the amount of such assessment as may be then due. .,,-. - f) If the assessment is not paid within 30 days after the due date, the Association may also suspend membership rights of the delinquent member, including the right to vote, the right to enjoyment in and to the Recreation Area and facilities and the right to receive and enjoy such servicing and other benefits as may then be provided by the Association. Any such suspension shall not affect such member's obligation to pay assessments. g) The omission or failure of the Coventry Homeowners Association Board to fix the assessment amount or rates or to deliver or mail to each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. In such event, each owner shall continue to pay assessments on the same basis as for the last year for which an assessment was made, if any, until a new assessment is made, at which time any shortfalls in collections may be assessed retroactively by the Coventry Homeowners Association. /"'"" 25. Limitations of Liability: Indemnification, Notwithstanding the duties of the Coventry Homeowners Association to maintain and operate the Recreation Area and to maintain the Entrance Areas, the Coventry Homeowners Association shall not be liable for injury or damage caused by the latent condition of the Recreation Area nor injury caused by the elements, members or other persons; nor shall any officer and director of the Association be liable to any person for injury or damage by such officer or director in performance of their duties hereunder unless due to willful misfeasance or malfeasance or gross negligence of such officer or director. Each officer and director of the Coventry Homeowners Association shall be indemnified by the members against all expenses and liabilities, including attorney's fees, reasonably incurred or imposed upon him in connection with any proceeding to which he may be a party or in which he becomes involved by reason of his being having been an officer or director of the Coventry Homeowners Association, and any settlement, whether or not they are an officer or director of the Coventry Homeowners Association at the time such expenses and liabilities are incurred, except in such cases where the officer and director is adjudged guilty of willful misfeasance or malfeasance or gross negligence in the performance of their duties; provided that in the event of a settlement, the indemnification shall apply only when the Board of Directors of the Association approves of such settlement and reimbursement as being for and in the best interest of the Association. /-..... 26. Insurance, The Board of Directors of the Association or its duly authorizing agent shall have the authority to and shall obtain insurance for all improvements on the Recreation Area against loss or damage by fire or other hazards, including extended coverage, vandalism, and malicious mischief, in amounts sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard and shall also obtain a public liability policy covering the Recreation Area and all damage or injury caused by negligence of the Association or any of its agents. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association and all such policies shall be written by accompanied license to do business in the State of Georgia and holding a "AAA" or better by Best's Insurance Report or a BOOK 1718PA6E 355 " BOOK 1 718 PAGE 35 6 /- similar publication, and all policies shall be for the benefit of the Association and its mortgagees, if any, as their interest may appear. 27. Notices. Any notice required orperrnitted to be sent to any member pursuant to any provision ofthis Declaration may be served by depositing such notice in the mails, postage prepaid, addressed to the member or owner to whom it is intended at his last known place of residence, or to such other address as may be furnished to the secretary of the Coventry Homeowners Association, and such service shall be deemed sufficient. The date of service shall be the date of mailing. 28. Severability. Whenever possible each provision ofthis Declaration shall be interpreted in such manner as to be effective and valid, but if any provision of this Declaration or the application hereof to any person or to any property shall be prohibited, or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared severable. ~" 29. Amendment. The Covenants and Restrictions of this Declaration may be amended upon the affirmative vote or written consent of at least two thirds of the owners provided, however, that any such amendment of these Covenants and Restrictions must be in full compliance with all applicable laws and regulations, including the zoning ordinances applicable to the Restricted Property and any such covenants affecting the Restricted Property recorded in Fayette County, Georgia Records, and shall not become effective until the instrument evidencing such change has been duly filed for record in the Office of the Clerk of the Superior Court of Fayette County, Georgia, and unless written notice of the proposed amendment is sent to ev.ery member in advance of any action taken. 30. Captions. The captions of each section hereof as to the contents of each section are inserted only for convenience and are in no way to be construed as defining, limiting or otherwise modifying or adding to the particular sections to which they refer. 31. Implementation. a) The Coventry Homeowners Association or any person owning an interest in any lot subject to this Declaration are entitled to enforce these covenants by appropriate action in law or equity to prevent or restrain a breach or attempted breach or to recover damages, .--.-...... b) The Coventry Homeowners Association Board may at any time, and from time to time, delegate and assign to a committee, of at least three Coventry Homeowners Association members, authority to review deviations from the covenants provided for herein and to make recommendations to the Coventry Homeowners Association Board for ultimate approval or disapproval. At a minimum, the immediate neighbors affected by the deviation shall also have input into the Board's decision. No deviation should be approved where the change will create an unwanted nuisance or impact on a homeowner. " .' ~ c) Upon approval and recording of these Covenants and Restrictions with the Georgia, Fayette County Clerk's Office, Superior Court, all previous Covenants and Restrictions for the Coventry Subdivision, to include Cloister I, II and III (see page 1) are declared null and void. In witness whereof, this document has been executed and sealed as of the day and year first written above. Signed, Sealed and Delivered in our Presence: 0JJk~~ Witness CI'/If, 7/. &~f?fl)w ot Public ~ The Coventry Homeowners Association Its: '4 t7 A/;r;y,(r7~ 6L4.L:n> .J c..H,6/4 ,P~ 1-1cudep.l~ ~ ~H{) It ~V~Yj By: /"'" ...........,......--. OFFICIAL SEAL Nolary Public, Georgia Fayette County SYLVIA B PACE M Commission E)cpi,es 0212812004 BOOK 1718PA6E 357 /"'" ~;., -r' . ,~ I CHANGE TO THE BYLAWS OF THE COVENTRY HOMEOWNERS ASSOCIATION ARTICLE IV, SECTION 2, a & b EFFECTIVE OCTOBER 9, 2001 AND SUPERCEDING ALL OTHER COPIES ARTICLE IV BOARD OF DIRECTORS Section 2. Term of Office. The Board of Directors shall be divided into two overlapping terms: Term I and Term II. Term I shall be defmed as beginning following election at the Spring Homeowners Association Meeting and ending the following Spring. Term II shall be defined as beginning following election at the Fall Homeowners Association Meeting and ending the following Fall. Each term shall be composed, as nearly as possible, of half the total number of Directors. (a) Term I Directors. Term I Directors shall include, but need not be limited to, the following, as more specifically described in Article VII, Section 2( c), (d) and (e), herein: Grounds Director Membership Director Finance Director (h) Term II Directors. Tenn II Directors shall include, but need not be limited to, the following, as more specially described in Article VII, Section 2(a) and (hJ, herein: Pool and Tennis Director I Pool and Tennis Director II ,.-.. CHANGE TO THE BYLAWS OF THE COVENTRY HOMEOWNERS ASSOCIATION ARTICLE X, SECTION 2 EFFECTIVE OCTOBER 9, 200 I AND SUPERCEDING ALL OTHER COPIES ARTICLE X GENERAL PROVISIONS Section 2. Assessments. As more fully provided in the Declaration, each Member is obligated to pay to the Association annual and special assessments which are secured by a continuing Hen upon the property against which the assessment is made. Dues as established by the annual assessment are due April 15'" of each year and payable by May I" of that same year. After May 31" of that same year, payments are considered delinquent and will incur a late charge of $10.00 or 1 0% of the amount due, whichever is greater. In the event the assessment remains unpaid by June 30'" of that same year, the Association will file a claim oflien on the property of the delinquent member. Th"lien will also include any legal fees incurred by the Association. No owner may waive or otherwise escape liabHiiy for the assessments provided herein by nonuse orthe Recreation Area or abandonment or ,- his Unit.