Lake Kedron Covenants and Restrictions 2012...
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Upon recording, please rerum to:
M. Maxine Hicks
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F\LED &. RECORDED
FAYETTE COUNTY. GA.
COFER, BEAUCHAMP, STRADLEY & HICKS, LLP DEC u PV\ 2 36
Suite 200 ' 9 6 I
99 West Paces Ferry Road, N.W.
Atlanta, Georgia 30305 W. A. BALLARD. CLERK
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
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FOR
LA.KEKEDRON
COMMUNITY ASSOCIATION, INC.
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2.6. Condemnation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2. 7 . Actions Requiring Owner Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Article 3 . MEMBERSHIP AND VOTING RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 .1. Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.2. Voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.3 . Neighborhoods and Voting Delegates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Article 4. RIGHTS AND OBLIGATIONS OF THE ASSOCIATION . . . . . . . . . . . . . . . . 11
4.1. Function of Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4 .2 . Personal Property and Real Property for Common Use. . . . . . . . . . . . . . . . . . 11
4. 3 . Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4.4 . Implied Rights; Board Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4.5. Governmental Interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4.6 . Indemnification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4.7. Dedication of Common Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
4.8. Lake. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
4 .9 . Util ity Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Article 5. MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5 .1. Association's Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5.2. Owner's Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5 .3 . Neighborhood's Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5.4. Standard of Performance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Article 6. INSURANCE AND CASUALTY LOSSES . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
6.1. Association Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
6.2. Owners' Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Article 7. ANNEXATION AND WITHDRAWAL OF PROPERTY . . . . . . . . . . . . . . . . . . 18
7 .1. Annexation Without Approval of Membership. . . . . . . . . . . . . . . . . . . . . . . . 18
7.2. Annexation With Approval of Membership. . . . . . . . . . . . . . . . . . . . . . . . . . 19
7.3. Withdrawal of Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
7.4. Additional Covenants and Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
7.5. Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Article 8 . ASSESSMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
8.1. Creation of Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
8.2. Declarant's Obligation for Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
8. 3. Computation of General Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
8.4. Computation of Neighborhood Assessments . . . . . . . . . . . . . . . . . . . . . . . . . 22
8.5. Reserve Budget and Capital Contribution. . . . . . . . . . . . . . . . . . . . . . . . . . . 22
8.6. Special Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
8. 7 . Specific Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
8. 8. Lien for Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
8.9 . Date of Commencement of Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
8.10. Failure to Assess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
8 .11 . Exempt Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
8.12. Capitalization of Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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8.13. Declarant's Obligation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Article 9. ARCillTECTURAL STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
9 .1. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
9.2. Architectural Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
9. 3. General Guidelines and Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
9.4. Specific Guidelines and Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
9.5. Construction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
9.6. No Waiver of Future Approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
9.7. Variance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
9. 8. Limitation of Liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
9.9. Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Article 10. USE RESTRICTIONS AND RULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
10.1. General Use Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
10.2. Residential Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
10.3. Leasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
10.4. Rules and R~::gulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
10.5. Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
10.6. Nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
10. 7. Storage of Materials, Trash, Garbage, Dumping, Etc. . . . . . . . . . . . . . . . . . . 30
10.8. Animals and Pets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
10.9. General Prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
10.10. Streams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
10.11. Lake . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
10.12. Wetlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
10.13. Drainage and Grading ............................ o o •• o • • • • • • 32
10.14. Water Quality Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
10.15. The Square . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
10.16. Sight Distance at Intersections ................................. 0 32
10.17. Subdivision of Unit .............................. 0 • • • • • • • • • • 33
10.18. Occupancy ofUnfmished Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
10.19. Occupants Bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Article 11. EASEMENTS ......................................... 0 • • • • 33
11.1. Easements of Encroachment. . ............................ 0 • • • • 33
11.2. Easements for Utilities, Etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
11.3. Easement for Slope Control, Drainage and Waterway Maintenance. . ... 0 • • • • 34
11.4. Easements for Lake and Pond Maintenance and Flood Water . . . . . . . . . . . . . . 35
11.5. Easements to Serve Additional Property ........................ 0 • • • 36
11.6. Easement for Entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 • • 36
11.7. Easements for Maintenance and Enforcement . . . . . . . . . . . . . . . . . . . . 0 • • 0 36
11.8. Lateral Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
11.9. Liability for Use of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 36
11.10. Easement for Special Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Article 12. MORTGAGEE PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
12.1. Notices of Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
12.2. Special FHLMC Provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
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1.4. "Association": Lake Kedron Community Association, Inc ., a Georgia nonprofit
corporation, its successors or assigns.
1.5. "Board of Directors" or "RQru:d": The body responsible for administration of the
Association, selected as provided in the By-Laws and generally serving the same role as the board of
directors under Georgia corporate law.
1.6. "Builder": Any Person which purchases one or more Units for the purpose of constructing
improvements for later sale to consumers or purchases one or more parcels of land within the Properties
for further subdivision, development, and/or resale in the ordinary course of such Person's business.
Any Person occupying or leasing a Unit for residential purposes shall cease to be considered a
Builder immediately upon occupation of the Unit for residential purposes, notwithstanding that such Person
originally purchased the Unit for the purpose of constructing improvements for later sale to consumers .
1.7. "By-Laws": The By-Laws of Lake Kedron Community Association, Inc., attached as
Exhibit C, as they may be amended.
1.8. "Qtt": The City of Peachtree City, Georgia.
1.9. "Class "B" Control Period": The period of time during which the Class "B" Member is
entitled to appoint a Majority of the members of the Board of Directors as provided in Section 3 .2.
1.10. "Common Area": All real and personal property, including easements, which the
Association owns, leases or holds possessory or use rights in for the common use and enjoyment of the
Owners . The term also shall include the Exclusive Common Area, as defined below.
1.11 . "Common Expenses": The actual and estimated expenses incurred, or anticipated to be
incurred, by the Association for the general benefit of all Owners, including any reasonable reserve, as the
Board may fmd necessary and appropriate pursuant to this Declaration, the By-Laws, and the Articles of
Incorporation. Common Expenses shall not include any expenses incurred so long as the Class "B "
Membership exists for initial development, original construction, installation of infrastructure, original
capital improvements, or other original construction costs unless approved by Voting Delegates
representing a Majority of the total Class "A" votes of the Association.
1.12. "Community-Wide Standard": The standard of conduct, maintenance, or other activity
generally prevailing throughout the Properties. Such standard may be more specifically determined by the
Board of Directors and the Architectural Review Board.
1.13. "Covenant to Share Costs": Any agreement or contract between the Association and an
owner or operator of property adjacent to the Properties for the allocation of expenses that benefit both the
Association and the owner or operator of such property.
1.14. "Declarant": Peachtree City Holdings, L.L.C ., a Georgia limited liability company, or
any successor, successor-in-title, or assign who takes title to any portion of the property described on
Exhibit A or Exhibit B for the purpose of development and/or sale and who is designated as the Declarant
in a recorded instrument executed by the immediately preceding Declarant; provided however, there shall
be only one Person entitled to exercise the rights and powers of the "Declarant" hereunder at any one time.
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in the preceding paragraph and any portion not encompassed by such plat shall continue to be treated in
accordance with this paragraph.
1.39. "Votin~ Delegate": The representative selected by the Class "A" Members within each
Neighborhood to be responsible for casting all Class "A" votes attributable to Units in the Neighborhood
on matters requiring a vote of the membership (except as otherwise specifically provided in this Declaration
and in the By-Laws). The term "Voting Delegate" shall also refer to any alternate Voting Delegate acting
in the absence of a Voting Delegate and any Owner authorized personally to cast the vote for his or her
Unit pursuant to Section 3.3(b).
1.40. "Water Quality Facility": Areas adjacent to or in the vicinity of the Lake as designated
in the Declaration of Easements or appearing on a recorded plat and intended to control the water quality
ofthe Lake.
Article 2. PROPERTY RIGHTS
2 .1. Common Area. Every Owner shall have a right and nonexclusive easement of use, access,
and enjoyment in and to the Common Area, which is appurtenant to the title to each Unit, subject to:
(a) This Declaration and any other applicable covenants;
(b) Any restrictions or limitations contained in any deed conveying such property to
the Association;
(c) The right of the Board to adopt, amend and repeal rules regulating the use and
enjoyment of the Common Area, including rules limiting the number of guests who may use the Common
Area;
(d) The right of the Board to suspend the right of an Owner to use recreational
facilities within the Common Area pursuant to Section 4.3;
(e) The right of the Association, acting through the Board, to dedicate or transfer all
or any part of the Common Area, subject to such approval requirements as may be set forth in this
Declaration;
(f) The right of the Board to impose reasonable membership requirements and charge
reasonable admission or other use fees for the use of any recreational facility situated upon the Common
Area;
(g) The right of the Board and the Declarant to permit use of any recreational facilities
situated on the Common Area by persons other than Owners, their families, lessees and guests upon
payment of reasonable use fees, if any, established by the Board;
(h) The right of the Association, acting through the Board, to mortgage, pledge, or
hypothecate any or all of its real or personal property as security for money borrowed or debts incurred;
subject to the approval requirements set forth in Section 2.7;
(i) The rights of certain Owners to the exclusive use of those portions of the Common
Area designated "Exclusive Common Areas," as more particularly described in Section 2.2; and
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The Units within a particular Neighborhood may be subject to additional covenants.
Any Neighborhood may, but shall not be obligated to, elect a Neighborhood Committee, as described in
the By-Laws, to represent the interests of Owners of Units in such Neighborhood.
Any Neighborhood may request that the Association provide a higher level of
service or special services for the benefit of Units in such Neighborhood and, upon the affirmative vote,
written consent, or a combination thereof, of Owners of a Majority of the Units within the Neighborhood,
the Association may, in its sole discretion , provide the requested services. The cost of such services,
which may include a reasonable administrative charge in such amount as the Board deems appropriate
(provided any such administrative charge shall apply at a uniform rate per Unit to all Neighborhoods
receiving the same service), shall be assessed against the Units within such Neighborhood as a
Neighborhood Assessment pursuant to Article 8 hereof.
{b) Voting Delegates . The Owners within each Neighborhood may elect a Voting
Delegate who shall be responsible for casting all votes attributable to Units owned by Class "A" Members
in the Neighborhood on all Association matters requiring a membership vote , except as otherwise specified
in this Declaration or the By-Laws. If Voting Delegate is elected, each Neighborhood shall elect an
alternate Voting Delegate who shall be responsible for casting such votes in the absence of the Voting
Delegate, and the Voting Delegate and alternate Voting Delegate from each Neighborhood shall be elected
on an annual basis, either by written ballot cast by mail or at a meeting of the Class "A" Members within
such Neighborhood, as the Board determines; provided however, upon written petition signed by Class "A"
Members holding at least ten percent (10%) of the votes attributable to Units within any Neighborhood,
the election for such Neighborhood shall be held at a meeting. The presence, in person or by proxy, of
Class "A" Members representing at least thirty percent (30%) of the total Class II A" votes attributable to
Units in the Neighborhood shall constitute a quorum at any Neighborhood meeting.
If Voting Delegates are to be elected, the Board shall call for the first election of
Voting Delegates not later than when fifty percent (50%) of the Units permitted under the Master Plan have
been conveyed to Persons other than Builders; provided however, the first election of a Voting Delegate
for any Neighborhood shall not be required until at least seventy-five percent (75%) of the Units planned
for such Neighborhood have been conveyed to Persons other than Builders. Subsequent elections within
each Neighborhood shall be held annually within thirty (30) days of the date of the first election. Each
Class "A" Member who owns a Unit within the Neighborhood shall be entitled to cast one (1) equal vote
per Unit owned. The candidate who receives the greatest number of votes shall be elected as Voting
Delegate and the candidate receiving the next greatest number of votes shall be elected as the alternate
Voting Delegate. The Voting Delegate and the alternate Voting Delegate shall serve a term of one (1) year
and until their successors are elected. All votes may be cast as the Voting Delegate deems appropriate in
its sole discretion.
Any Voting Delegate or alternate Voting Delegate may be removed, with or
without cause, upon the vote or written petition of Owners of a Majority of the total number of Units
owned by Class II A" Members in the Neighborhood which the Voting Delegate or alternate Voting
Delegate represents . Upon removal of a Voting Delegate or an alternate, a successor shall be elected by
the Owners of Units within the Neighborhood to fill the vacancy for the remainder of such delegate's term.
Until such time as the Board first calls for election of a Voting Delegate for any
Neighborhood, the Owners within such Neighborhood shall be entitled personally to cast the votes
attributable to their respective Units on any issue requiring a vote of the Voting Delegates under this
Declaration, the By-Laws, or the Articles.
BOOK 11 i 0PAGE 639
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(v) such portions of any additional property included within the Area of
Common Responsibility as may be dictated by this Declaration, any Supplemental Declaration, any
Covenant to Share Costs, or any contract or agreement for maintenance thereof entered into by the
Association;
(vi) all ponds, streams, wetlands and/or Water Quality Facilities located within
the Properties which serve as part of the drainage and storm water retention system for the Properties,
including any retaining walls, bulkheads or dams (earthen or otherwise) retaining water therein, and any
fountains, lighting, pumps, conduits, and similar equipment installed therein or used in connection
therewith, except as pre-empted by the De.claration of Easements; and
(vii) any property and facilities owned by the Declarant and made available, on
a temporary or pennanent basis, for the primary use and enjoyment of the Association and its Members,
such property and facilities to be identified by written notice from the Declarant to the Association and to
remain a part of the Area of Cormnon Responsibility and be maintained by the Association until such time
as Declarant revokes such privilege of use and enjoyment by written notice to the Association.
The Association may, as a Common Expense, maintain other property which it
does not own, including, without limitation, property dedicated to the public such as buffer zones and cart
paths, or provide maintenance or services related to such property over and above the level being provided
by the property owner, if the Board of Directors detennines that such maintenance is necessary or desirable
to maintain the Community-Wide Standard.
(b) The Association shall maintain the facilities and equipment within the Area of
Common Responsibility in continuous operation, except for any periods necessary, as detennined in the
sole discretion of the Board, to perform required maintenance or repairs, unless Members holding sixty-
seven percent (67%) of the Class "A" votes in the Association and the Class "B .. Member, if any, agree
in writing to discontinue such operation.
Except as provided above, the Area of Common Responsibility shall not be reduced
by amendment of this Declaration or any other means except with the written consent of the Declarant, so
long as the Declarant owns any property which is subject to this Declaration or which may be unilaterally
subjected to this Declaration by the Declarant.
(c) Except as otherwise specifically provided herein, all costs associated with
maintenance, repair and replacement of the Area of Common Responsibility shall be a Conunon Expense
to be allocated among all Units as part of the General Assessment, without prejudice to the right of the
Association to seek reimbursement from the owner(s) of, or other Persons responsible for , certain portions
of the Area of Cormnon Responsibility pursuant to this Declaration, the Covenant to Share Costs, the
Declaration of Easements, other recorded covenants, or agreements with the owner(s) thereof. All costs
associated with maintenance, repair and replacement of Exclusive Cormnon Areas shall be a Neighborhood
Expense assessed as a Neighborhood Assessment solely against the Units within the Neighborhood(s) to
which the Exclusive Com..rnon Areas are assigned, or a Specific Assessment against the particular Units
to which the Exclusive Common Areas are assigned, notwithstanding that the Association may be
responsible for perfonning such maintenance hereunder .
(d) With respect to the Units within The Point at Lake Kedron Neighborhood, the
Association shall maintain, repair, and replace the landscaping and other improvements within the area
designated on subdivision plats as Exclusive Conunon Area known aB ~~~e tial"O ~~lGc~sts G~r3ted
redlpcdlkcdronl ccr-lng.v2 -14-
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BOOK 11 i 0 PAGE 6 56
is improved or unimproved, except in strict compliance with this Article . This shall include without
limitation, mailboxes; basketball hoops; swing sets and similar sports and play equipment; clotheslines;
garbage cans; wood piles; swimming pools ; docks, piers, boathouses, boat slips or wharfs; hot tubs;
gazebos; playhouses; window air conditioning units or fans; solar panels; antennas; satellite dishes, or any
other apparatus for the transmission or reception of television, radio, satellite, or other signals of any kind;
and hedges, walls, dog runs, animal pens, or fences of any kind. Notwithstanding the foregoing, the
Association shall regulate antennas, satellite dishes, or any other apparatus for the transmission or reception
of television, radio, satellite or other signals of any kind only in strict compliance with all federal laws and
regulations.
(d) Temporary or Detached Structures. Except as may be permitted by the Declarant
during initial construction, or the ARB thereafter, no temporary or detached house or dwelling shall be
placed or erected on any Unit. No mobile home, trailer home, travel trailer, camper or vehicle commonly
known as a "recreational vehicle" shall be stored, parked or otherwise allowed to be placed on a Unit as
a temporary or permanent dwelling.
(e) Utility Lines. Overhead utility lines are not permitted, including lines for cable
television, except for temporary lines as required during construction and lines installed by or at the request
of Declarant.
(f) Sigm. No sign of any kind shall be erected by an Owner or occupant without the
prior written consent of the ARB except as provided in the Design Guidelines. Unless in compliance with
this Article, no signs shall be posted or erected by any Owner or occupant within any portion of the
Properties, including the Common Area, any Lot, or any structure or dwelling located on the Common
Area or any Lot (if such sign would be visible from the exterior of such structure or dwelling as determined
in the ARB's sole discretion). All signs must be professionally prepared. The ARB reserves the right to
restrict the color, lettering and placement of all signs. This provision shall not apply to entry, directional,
or other signs installed by the Declarant or its duly authorized agents as may be necessary or convenient
for the marketing and development of the Properties.
(g) Window Treatments . Unless otherwise approved in writing by the ARB, all
windows on any structure or dwelling shall have window treatments, and any portion thereof visible from
outside such structure or dwelling shall be white or neutral in color.
(h) Minimum Dwelling Size. Each residential dwelling located on any Unit shall have
established a minimum square footage of enclosed, heated and cooled living space for each Neighborhood
in the Design Guidelines. Upon written request of an Owner, the ARB may waive such square footage
requirement if, in the ARB's sole discretion, the resulting appearance of such residential dwelling will
preserve the overall appearance, scheme, and design within the Neighborhood in which the Unit is located.
(i) Water Quality and Erosion Control. The plans for each Unit shall comply with
the Peachtree City Erosion Control Ordinance and the Declaration of Easements.
9.5. Construction Period . The initial construction of all structures must be completed within
one (1) year after issuance of a building permit, unless extended by the ARB in its sole discretion. All
other construction shall he completed within the time limits established by the ARB at the time the project
is submitted to the ARB for approval.
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9.6. No Waiver of future Approvals. Approval of proposals, plans and specifications, or
drawings for any work done or proposed, or in connection with any other matter requiring approval, shall
not be deemed to constitute a waiver of the right to withhold approval as to any similar proposals, plans
and specifications, drawings, or other matters subsequently or additionally submitted for approval.
9 . 7. Variance. The ARB may authorize variances from compliance with any of its guidelines
and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or
environmental considerations require, but only in accordance with duly adopted rules and regulations.
Such variances may only be granted, however, when unique circumstances dictate and no variance shall
(a) be effective unless in writing; (b) be contrary to this Declaration; or (c) estop the ARB from denying
a variance in other circumstances. For purposes of this Section, the inability to obtain approval of any
governmental agency, the issuance of any permit, or the terms of any financing shall not be considered a
hardship warranting a variance .
9 .8. Limitation of Liability. Review and approval of any application pursuant to this Article
is made on the basis of aesthetic considerations only and the ARB shall bear no responsibility for ensuring
the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance
with building codes, other governmental requirements including without limitation the Peachtree City
Erosion Control Ordinance, and the Declaration of Easements. Neither the Declarant, the Association,
the Board, the ARB, or member of any of the foregoing shall be held liable for any injury, damages, or
loss arising out of the manner or quality of approved construction on or modifications to any Unit . In all
matters, the ARB, and its members shall be defended and indemnified by the Association as provided in
Section 4 .6.
9 .9 . Enforcement. Any member of the ARB or its representatives shall have the right, during
reasonable hours and after reasonable notice, to enter upon any Unit to inspect for the purpose of
ascertaining whether or not any structure or improvement is in violation of this Article. Any structure or
improvement placed or made in violation of this Article shall be deemed to be nonconforming. Upon
written request from the ARB, Owners shall, at their own cost and expense, remove such structure or
improvement and restore the property to substantially the same condition as existed prior to the
nonconforming work. Should an Owner fail to remove and restore as required, the Board may enforce the
decisions of the ARB by any means of enforcement described in Section 4.3. In addition, the ARB shall
have the right to enter the property, remove the violation, and restore the property to substantially the same
condition as previously existed. Entry by the ARB or its representatives onto a Unit for the purpose of
inspecting or enforcing compliance with this Article shall not constitute a trespass. All costs , together with
the interest at the maximum rate then allowed by Jaw , may be assessed against the benefitted Unit, and
collected as a Specific Asses sment which shall be subject to enforcement as set forth in Section 8.8 .
Unless otherwise specified in writing by the ARB, all approvals granted hereunder shall
be deemed conditioned upon completion of all elements of the approved work and all work previously
approved with respect to the same Unit in the manner approved, unless approval to modify any application
has been obtained. In the event that any Person fails to commence and diligently pursue to completion all
approved work, the Association shall be authorized, after notice to the Owner of the Unit and an
opportunity to be heard in accordance with the By-Laws, to enter upon the Unit and remove or complete
any incomplete work and to assess all costs incurred against the Unit and the Owner thereof as a Specific
Assessment, which shall be subject to enforcement pursuant to Section 8.8.
Neither the ARB, nor any member of the foregoing nor the Association, the Declarant, or
their officers or directors shall be held liable to any Person for exercising the rights granted by this Article.
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Any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with
the terms and provisions of this Article or the Design Guidelines may be excluded by the ARB from the
Properties, subject to the notice and hearing procedures contained in the By-Laws .
In addition to the foregoing, the Association shall have the authority and standing to pursue
all legal and equitable remedies available to enforce the provisions of this Article and the decisions of the
ARB.
Article 10. USE RESTRICTIONS AND RULES
10 .1. General Use Restrictions. This Article sets out certain use restrictions which must be
complied with by all Owners and occupants of any Unit. The Properties shall be used only for residential,
recreational, and related purposes (which may include, without limitation, model homes and sales offices
for Builders, an information center and/or a sales office for any real estate broker retained by the Declarant
to assist in the sale of property described on Exhibit A or Exhibit B, offices for any property manager
retained by the Association, or business offices for the Declarant or the Association) consistent with this
Declaration and any Supplemental Declaration .
10.2. Residential Use. All Units shall be used exclusively for residential purposes and shall not
be used to conduct business or trade. An Owner or occupant residing in a Unit may conduct business
activities within the Unit so long as: (i) the existence or operation of the business activity is not apparent
or detectable by sight, sound , or smell from outside the Unit; (ii) the business activity conforms to all
zoning requirements for the Properties; (iii) the business activity does not involve regular visitation of the
Unit by clients, customers, suppliers , or other business invitees or door-to.-door solicitation of residents of
the Properties; and (iv) the business activity is consistent with the residential character of the Properties
and does not constitute a nuisance, or a hazardous or offensive use , or threaten the security or safety of
other residents of the Properties, as may be determined in the sole discretion of the Board . The tenns
"business" and "trade ," as used in this provision, shall be construed to have their ordinary, generally
accepted meanings and shall include, without limitation, any occupation, work, or activity undertaken on
an ongoing basis which involves the provision of goods or services to persons other than the provider 's
family and for which the provider receives a fee , compensation , or other form of consideration, regardless
of whether: (i) such activity is engaged in full or part-time, (ii) such activity is intended to or doe s generate
a profit, or (iii) a license is required . The leasing of a Unit shall not be considered a business or trade
within the meaning of this Section. This Section shall not apply to any activity conducted by the Declarant
or a Builder approved by the Declarant with respect to its development and sale of the Properties or its use
of any Units which it owns within the Properties, including the operation of a timeshare or similar
program.
10.3. Leasing . Units may be leased for residential purposes only for a minimum term of six {6)
months . All leases shall require , without limitation, that the tenant acknowledge receipt of a copy of the
Declaration, By-Laws, use restrictions, and rules and regulations of the Association. The lease shall also
obligate the tenant to comply with the foregoing. The Board may require notice of any lease together with
such additional information deemed necessary by the Board.
10.4. Rules and Rei'Jiations . In addition to the rules and regulations stated in this Article, the
Board may, from time to time, without consent of the Members, promulgate, modify, or delete rules and
regulations applicable to the Properties. Such rules and regulations shall be distributed to all Owners and
occupants prior to the date that they are to become effective and shall thereafter be binding upon all
Owners and occupants until and unless overruled, canceled, or modified in a regular or special meeting
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