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Kedron Estates Community Association (2)F, eLurn tz) *0 ///v 119 IV61 Delle 1 aPer<s .L wc. loe,q c A �re e u FILEDa Rr i' WEIJE COWiT Y, G4. 931 SEP 20 Pm `i 31 €ILA STIInn, PT C + F.t.K DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR KEDRONESTA TE, S COMMUNITY A SSOCIA TION, INC. BOOK Ili 015PAGE. ; :� BOOK1705PAGE 5-08 - TABLE OF CONTENTS - I— Article 1. DEFINITIONS ................................................ 1.1. ARB ................................................... 1.2. Area of Common Responsibility .. . .. . ..................... . .... . 1.3. Articles of Incorporation or Articles ............................... 1.4. Association ....I . . . . . . . . . ................................. . 1,5. Board of Directors or Board .................................... 1.6. Builder .................................................. 1.7. By -Laws ................................................. 1.8. City .................................................... 1.9. Class B Control Period ....................................... 1.10. Common Area .............................................. 1.11. Common Expenses .......................................... 1..12. Community -Wide Standard .. .................................. . 1.13. Covenant to Share Costs ...................................... 1.14. Declarant ................................................ 1.15. Design Guidelines ........................................... 1.16. General Assessment .................. . ..................... . 1.17. Majority ................................................. 1.18. Master Plan ............................................... 1.19. Member ..................................................... 1.20. Mortgage ............................................... . 1.21. Mortgagee ............................................... 1.22. Owner .................................................. 1.23. Person .................................................. 1.24. Properties ......................................... . ..... . 1.25. Public Records ............................ . ........... . ... . 1.26. Special Assessment .......... I ............ I . , .. , ..... I .. , . , - . 1.27. Specific Assessment ........................................ . 1.28. Supplemental Declaration ...................................... 1.29. Unit .................................................... 1.30. Water Quality Facility ........................................ 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 3 3 4 Article 2. PROPERTY RIGHTS ........................................... 4 2.1, Common Area ............................................. 4 2.2. Erosion Control, Water Quality Facilities and Buffer Zones ............... 5 2.3. No Partition .............................................. 5 2.4. Condemnation .............................................. 5 2.5. Actions Requiring Owner Approval ............................... 5 Article 3. MEMBERSHIP AND VOTING RIGHTS ............ . ................. 5 3.1. Membership . ................... . .......................... 5 3.2. Voting ................................................... 6 Article 4. RIGHTS AND OBLIGATIONS OF THE ASSOCIATION ................... 7 4.1. Function of Association . ...................................... 7 4.2, Common Area ............................................. 7 i ARTICLE SECTION PAGE 4.3. Personal Property and Real Property for Common Use .................. 7 4.4. Enforcement .............................................. 7 4.5. Implied Rights; Board Authority ................................. 8 4.6. Governmental Interests ....................................... 8 4.7. Indemnification ............................................. 9 4.8. Dedication of or Grant of Easement on Common Area ................... 9 4.9, Utility Lines .............................................. 9 Article 5. MAINTENANCE .............................................. 9 5.1. Association's Responsibility ........................... :....... 9 5.2, Owner's Responsibility .......................... I ........... 10 5.3. Standard of Performance ..................................... 11 5.4. Covenant to Share Costs ..................................... 11 Article 6. INSURANCE AND CASUALTY LOSSES .. 11 6.1. Association Insurance ....................................... 11 6.2. Owners' Insurance ......................................... 14 Article 7, ANNEXATION AND WITHDRAWAL OF PROPERTY .......... ......... 14 7.1, Annexation Without Approval of Membership ........................ 14 7.2. Annexation With approval of Membership ......................... 14 7.3. Withdrawal of Property ...................................... 15 7.4. Amendment .............................................. 15 Article 8. ASSESSMENTS .............................................. 15 8.1. Creation of and Obligation for Assessments ............... I ......... 15 8.2. Declarant's Obligation for Assessments ............................ 16 8.3. Computation of General Assessments 16 8.4. Reserve Budget and Capital Contribution ........................... 16 8.5. Special Assessments .............................. I ......... 16 8.6. Specific Assessments .............. I ........... I ............. 17 8.7. Lien for Assessments .......... I ..... I ... I . I ................. 17 8.8. Dace of Commencement of Assessments ........................... 18 8.9. Failure to Assess. ........... I .. I ........ I ...... I ........... 18 8.10. Exempt Property .......................................... 18 8.11. Capitalization of Association . ................................... 18 8.12. Declarant's Obligation. ............. 18 Article 9. ARCHITECTURAL STANDARDS ................................. 19 9.1. General ................................................ 19 9.2, Architectural Review. ...................................... 19 9.3. Guidelines and Procedures .................................... 19 9.4. Specific Guidelines and Restrictions .............................. 20 9.5. Construction Period ........................................ 21 9.6. No Waiver of Future Approvals ................ I . I ........... I . 1 21 9.7. Variance ................................................ 22 ii BOOK 17 0 5 PAGE 5 BOOK 17 d 5 PAGE 6 u J ARTICLE SECTION PAGE 9.8. Limitation of Liability . ...................................... 22 9.9. Enforcement .............................................. 22 Article 10. USE RESTRICTIONS ......................................... 23 10.1, General Use Restrictions ..................................... 23 10.2. Residential Use ........................................... 23 10.3. Leasing ................................................ 23 10.4. Rules and Regulations .................................... I. .. 23 10.5. Vehicles .................... I ........ I ........ I . I ... I ... 24 10.6. Nuisance ............................................... 24 10.7. Storage of Materials, Trash, Garbage, Dumping, Etc . .................. 24 10.8. Animals and Pets .......................................... 25 10.9. General Prohibitions ........................................ 25 10.10. Streams ................................................ 25 10.11. Wetlands...............................................25 10.12. Drainage and Grading ....................................... 25 10.13. Water Quality Facilities .............................. I ....... 26 10.14. Greenbelts, Buffer Zones, and Nondisturbance Areas .................. 26 10.15, Sight Distance at Intersections .................................. 26 10.16. Subdivision of Unit ......................................... 26 10.17. Occupancy of Unfinished Units ...... I .......................... 26 10.18. Occupants Bound .......................................... 27 Article 11. EASEMENTS .............................................. 27 11.1. Easements of Encroachment ................................... 27 11.2. Easements for Utilities, Etc ................................... 27 I I.3. Easement for Slope Control and Drainage Maintenance .................. 28 11.4. Easements for Water Quality Facility, Drainage Easement Area Maintenance ... 28 11.5. Easement for Greenbelt Maintenance ................. I ........... 29 11.6. Easements to Serve Additional Property ............ I ............ 29 11.7. Easement for Right of Entry ................................... 30 11.8. Easement for Lateral Support .................................. 30 11.9. Easement for Special Events .................... • • • • • • .... • . • . • 30 11.10. Liability for Use of Easements .......... ........................ 30 11.11. Non -Merger ............................................. 30 1 11.12. Grants ................................................. 31 Article 12. MORTGAGEE PROVISIONS .................................... 31 12.1. Notices of Action .......................................... 31 12.2. Special FI-ILMC Provision .................................... 31 12.3. No Priority .............................................. 32 12.4. Notice to Association ....................................... 32 12.5. Construction of Article 12 .................................... 32 12.6. Failure of Mortgagee to Respond ................................ 32 Article 13. DECLARANT'S RIGHTS ...................................... 32 ff 13.1 Transfer to Association........................................................ 32 13.2 Development................................................................ 32 13.3 Improvements to Common Area .................... . ................... . ........ 33 13.4 Additional Declarations ................................................ . ....... 33 13.5 Amendments.................................................................33 Article 14. GENERAL PROVISIONS ................................................... 33 14.1 Duration................................................................. 33 14.2 Amendment................................................................ 34 14.3 Severability ................................................................ 35 14.4 Alternative Dispute Resolution ......................... . ........................ 35 14.5 Litigation ....................................... ........................... 35 14.6 Cumulative Effect; Conflict .. . ............... . . ......... . ................. . .... 35 14.7 Use of the Words "Kedron Estates" .............................................. 35 14.8 Compliance..................................................................35 14,9 Notice of Sale or Transfer of Title . . . ........................ . ................... 35 14.10 Exhibits.....................................................................36 'TABLE OF EXHIBITS Page First Exhibit Subiect Matter AppearinE A Land Initially Submitted 1 B Land Subject to Annexation 2 C By -Laws of Kedron Estates Community Association, Inc. 2 UOUK 1705PAGE 6i'J BOOK 1705PAGE 60 3 DECLARATION OF COVENANTS, CONDI'T'IONS, AND RESTRICTIONS FOR KEDRON ESTATES COMMUNITY ASSOCIATION, INC. THIS DECLARATION OF,COVENANTS, CONDITIONS, AND RESTRICTIONS is made as of the date set forth on the signature page hereof by Hyland Developers, Inc., a Georgia corporation (hereinafter called the "Declarant"). WHEREAS, Declarant is the owner of the real property described on Exhibit A which is attached and incorporated by reference. This Declaration imposes upon the Properties (as defined in Article 1 below) mutually beneficial restrictions under a general pian of improvement for the benefit of the owners of each portion of the Properties and establishes a flexible and reasonable procedure for the overall development, administration, maintenance and preservation of the Properties. In furtherance of such plan, Declarant has caused or intends to cause the Kedron Estate Community Association, Inc., to be formed as non-profit corporation to own, operate and maintain the Common Area (as defined below) and to administer and enforce the provisions of this Declaration, the Buy -Laws, and the Design Guidelines (as these terms are defined below). Declarant hereby declares that all of the property described on Exhibit A and any additional property subjected to this Declaration shall be held, sold, used and conveyed subject to the following easements, restrictions, covenants, and conditions, which shall run with the title to the real property subjected to this Declaration. This Declaration shall be binding upon all parties having any right, title, or interest in any portion of the Properties, their heirs, successors, successor -in -title, and assign, and shall insure to the benefit of each owner of any portion of the Properties. This document does not and is not intended to create a condominium within the meaning of O.C.G.A. §44-3-70, et seq. nor a property owners' development within the meaning of O.C.G.A. § 44-3- 220, et seq. Ai-ticle 1 DEFINITIONS The terms used in this Declaration and the attached exhibits shall generally be given their natural, commonly accepted definitions except as otherwise specified. Capitalized terms shall be defined as set forth below. 1.1 "ARB": The Architectural Review Board, as described in Article 9. 1.2 "Area of Common Responsibility"; The Common Area, togethe'r with those areas including without limitation any rights-of-way, if any, for which the Association has or assumes responsibility pursuant to the terms of this Declaration, and Supplemental Declaration or other applicable covenant, contract or agreement. 1.3 "Articles of Incorporation " or "Articles"; The Articles of Incorporation of Kedron Estates Community Association, Inc. as field with the Secretary of State of the State of Georgia. -I- 1.4. "Assggiation": Kedron Estates Community Association, Inc. It Georgia non-profit corporation, its successors or assigns. 1.5. "Board of Directors" or "Board": 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. "Bu der": Any Person who purchases one or more Units for the purpose of constructing improvements for later sale to consumers 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. "Bv-Laws": The By -Laws of Kedron Estates Community Association, Inc. attached as Exhibit C, as they may be amended. 1.8. " itv": 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 of this Declaration and Section 3.3 of the By -Laws. 1.10. ",Common Area": All real and personal property, including easements, which the Association owns, leases or otherwise holds possessory or use rights in for the common use and enjoyment of the Owners. 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 find necessary and appropriate pursuant to this Declaration, the By -Laws, and the Articles. 1.12. " ommunity-Wide Standard": The standard of conduct, maintenance, or other activity generally prevailing throughout the Properties. Such standard shall initially be established by the Declarant and 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 opet�,or 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": Hyland Developers, Inc, a Georgia corporation. , 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, that there shall be only one Person entitled to exercise the rights and powers of the "Declarant" hereunder at any one time. 1.15. "Design Guidelines": The design and construction guidelines and application and review procedures applicable to the Properties promulgated and administered pursuant to Article 9. BOOK 1 V b PAGE G J -2- BOOK -17 05 PAGE 60 4 . 1.16. "General Assessment": Assessments levied on all Units subject to assessment under Article 8 to fund Common Expenses for the general benefit of all Unfit, as more particularly described in Sections 8.1 and 8.3. "~ 1.17. a' rite": Those votes, Owners, Members, or other group, as the context may indicate, totaling more than fifty percent (50%) of the total eligible number. 1.18. "Master Plan": The land use plan or development plan for "Kmlron Estates " as such plan may be amended from time to time, which includes the property described on Exhibit A and all or a portion of the property described on Exhibit B that Declarant may from time to time anticipate subjecting to this Declaration. inclusion of property on the Master Plan shall not, under any circumstances, obligate Declarant to subject such property to this Declaration, nor shall the exclusion of property described on Exhibil B from the Master Plan bar its later annexation in accordance with Article 7, 1.19. "Member": A Person subject to membership in the Association pursuant to Article 3. 1.20. "Llylortaa e": A mortgage, a deed of trust, a deed to secure debt, or any other form of security instrument affecting title to any Unit. 1.21. "Morn pee": A beneficiary or holder of a Mortgage. 1.22. "Owner": One or more Persons who hold the record title to any Unit, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Unit is sold under a recorded contract of sale, and the contract specifically so provides, the purchaser (rather than the fee owner) will be considered the Owner. 1.23. "Person": A natural person, a corporation, a partnership, a limited liability company, a fiduciary acting on behalf of another Person, or any other legal entity. 1.24. " er des": The real property described on Exhibit A, together with such additional property as is subjected to this Declaration in accordance with Article 7. 1.25. "Public Records": The Official Records of the Clerk of the Superior Court of Fayette County, Georgia, or such other place which is designated as the official location for recording of deeds and similar documents affecting title to real estate. 1.26. "Special Assessment": Assessments levied in accordance with Section 8.5. 1.27. "Specific Assessment": Assessments levied in accordance with Section 8.6. 1.28. "Supplemental Declaration": An instrument filed in the Public Records pursuant to Article 7 which subjects additional property to this Declaration and/or imposes, expressly or by reference, additional restrictions and obligations on the land described in such instrument. 1,29. "ILA": A portion of the Properties, whether improved or unimproved, which may be independently owned and conveyed and which is intended for development, use, and occupancy as a residence for a single family. The term shall refer to the land, if any, which is part of the Unit as well as any improvements thereon. The term shall include vacant land intended for development, but shall not include Common .Area, or property dedicated to the public. In the case of a parcel of vacant land or land - 3 - on which improvements are under construction, the parcel shall be deemed to be a single Unit until such time as a subdivision plat is filed of record on all or a portion of the parcel. Thereafter, the portion encompassed by such plat shall contain the number of Uniis�determined as set forth in the preceding paragraph and any portion not encompassed by such plat shall continue to be treated in accordance with this paragraph. 1.30. "Water Quality Facility": Areas designated by easement or appearing on a recorded plat and intended to control runoff and water quality for adjacent or nearby bodies of water. 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 and passes with 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 allow persons other than Owners, their families, lessees and guests to use any recreational or social facilities situated upon the Common Area upon payment of use fees established by the Board; (e) 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 on the Common Area; (f) the right of the Board to suspend the right of an Owner to use recreational and social facilities within the Common Area pursuant to Section 4.4; (g) 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; (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 2.5; and (i) the right of the Declarant to conduct activities within the Common Area, such as tournaments, charitable events, and promotional events and to restrict Members from using the Compton Area during such activities, provided such activities shall be conducted in a manner to minimize (to the extent reasonably possible) any substantial interference with the Members' use and enjoyment of the Common Area and shall not exceed seven (7) consecutive days. BOOK 17 ®5 PAGE 6 p' 4'_ BOOK 1'705pAGE 60'6 Any Owner may extend his or her right of use and enjoyment to the members of his or her family, lessees, and social invitees, as applicable, subject to reasonabltrregulation by the Board. An Owner who leases his or her Unit shall be deemed to have assigned all such. rights to the lessee of such Unit. 2.2, Erosion Control, Water Quality Facilities and Buffer Zones. The Properties are subject to the provisions of: (i) the Peachtree City Erosion Control Ordinance which requires non -disturbance buffers bwveen the Properties and adjoining subdivisions, and restrictions on construction in impervious surface in the vicinity of lakes and other bodies of water, and (ii) if shown on a subdivision plat or under a separate declaration of easements affecting certain lots within the Properties, Water Quality Facilities and Drainage Easement Areas. Use of the Properties by the Owners shall be governed by the Peachtree City Erosion Control Ordinance and any easements govern water quality and erosion control recorded in the Public Records. 2.3. No Partition. Except as permitted in this Declaration, there shall be no judicial partition of the Common Area. No Person shall seek any judicial partition unless the portion of the Common Area which is the subject of such partition action has been removed from the provisions of this Declaration. This Article shall not prohibit the Board from acquiring and disposing of tangible personal property nor from acquiring and disposing of real property which may or may not be subject to this Declaration. 2.4. Condemnation. If any part of the Common Area shall be taken by any authority having the power of condemnation or eminent domain, or conveyed in lieu of and under threat of condemnation, each Owner shall be entitled to written notice of such taking or conveyance prior to disbursement of the cortdemttation award or proceeds of conveyance. Any resulting award or proceeds shall be payable to (lie Association to be disbursed according to this Section. If the taking or conveyance involves a portion of the Common Area on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent available, unless within sixty (60) days after such taking 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, and Voting Delegates representing at least sixty-seven percent (67%) of the total Class "A" vote of the Association shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. The provisions of Section 6.1(c) regarding funds for the repair of damage or destruction shall apply. If the taking or conveyance does not involve any improvements on the Common Area, or if a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement is complete, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board shall determine. 2.5. Actions Regtyiring Owner Approval. As long as there is a Class "B" membership, the conveyance or mortgaging of Common Area, except in accordance with Section 4.3, shall require the prior approval of Members representing at least two-thirds (2/3) of the total Class "A" votes in the Association. Notwithstanding anything to the contrary in this Article, the Association, acting through the Board, may grant easements over the Common Area for installation and maintenance of utilities, and drainage and water quality facilities and for other purposes not inconsistent with the intended use of the Common Area, without the approval of the membership. Article 3. 1VIEMBERSHIP AND VOTING RIGH'T'S 3.1. Membership. Every Owner shall be a Member of the Association. There shall be only .one (1) membership per Unit. If a Unit is owned by more than one (1) Person, all co -Owners shall share -S- the privileges of such membership, subject to reasonable Board regulation and the restrictions on voting set forth in Section 3.2(c) and in the By -Laws, and all such`co-Owners shall be jointly and severally obligated to perform the responsibilities of Owners. The mettrbership rights of an Owner which is not a natural person may be exercised by any officer, director, partner, member, authorized manager fiduciary acting on behalf of the Owner, or by any individual designated from time to time by the Owner in a written instrument delivered to the secretary of the Association. 3.2. Votinb. The Association shall have two (2) classes of membership described in this Section as Class "A" and Class "B." (a)Class "A". Class "A" Members shall be all Owners except the Class "B" Member, if any. Class "A" Members shall have one (1) equal vote for each Unit in which they hold the interest required for membership under Section 3.1; provided however, there shall be only one (1) vote per Unit and no vote shall be exercised for any property which is exempt from assessment under Section 8.10. (b) Cas "B". The sole Class "B" Member shall be the Declarant. The rights of the Class "B" iVlember, including the right to approve, or withhold approval of, actions proposed under this Declaration, the By -Laws and the Articles, are specified in the relevant sections of this Declaration, the By -Laws and the Articles. The Class "B" Member may appoint a Majority of the members of the Board of Directors during the Class "B" Control Period which shall continue until the first to occur of the following: (i) when eighty percent (80%) of the total number of Units permitted by the Master Plan for the property described on Exhibit A and Exhibit B have certificates of occupancy issued thereon and have been conveyed to Persons other than Builders; (ii) December 31, 2004; or (Iii) when, in its discretion, the Class "B" Member so determines. After termination of the Class "B" Control Period, the Class "B" Member shall have a right to disapprove actions of the Board and committees as provided in the By -Laws. The Class "B" membership shall terminate upon the earlier of: (i) two (2) years after expiration of the Class "B" Control Period; or when, in its discretion, the Declarant so determines and declares in a recorded instrument. Upon termination of the Class "B" membership, the Declarant shall be a Class "A" Member entitled to Class "A" votes for each Unit which it owns. (c) Exercise L)f Voting, Ri;lit�. In any situation where a Member is entitled to exercise the vote for his or her Unit and there is more than one (1) Owner of such Unit, the vote for such Unit shall be exercised as the co -Owners determine among themselves and notify the secretary of the Association in BOOK 1 10 5 PAGE 6 � '1 BOOK 1 705PAGE 668 writing prior to the vote being taken. Absent notice to the secretary, the Unit's vote shall be suspended if more than one (1) Person seeks to exercise it. Article 4. RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 4.1. Function of Association. The Association shall be the entity responsible for management, maintenance, operation and control,of the Area of Common Responsibility and all improvements thereon. The Association shall be the primary entity responsible for enforcement of this Declaration and such reasonable rules regulating use of the Properties as the Board may adopt pursuant to Article 10. The Association shall also be responsible for administering and enforcing the architectural standards and controls set forth in this Declaration and in the Design Guidelines. The Association shall perform its functions in accordance with the Governing Documents and the laws of the State of Georgia. 4.2, Common Area. The Association, subject to the rights of the Owners set forth in this Declaration, shall manage and control the Common Area and all improvements thereon (including, without limitation, landscaping, recreational facilities, furnishings, equipment, and other personal property of the Association), and shall keep it in attractive condition and good repair, consistent`with the Community -Wide Standard. The Board is specifically authorized, but not obligated, to retain or employ professional management to assist in carrying out the Association's responsibilities under this Declaration, the cost of which shall be a Common Expense, 4.3, Personal Property and Real Property for Common Use. The Association through the action of its Board, may acquire, hold, and dispose of tangible and intangible personal property and real property, subject to the provisions of Section 2.5. The Declarant and its designees may convey to the Association improved or unimproved real estate, or interests in real estate, located within the properties described in xhibit A or Exhibit B, personal property and leasehold and other property interests. Such property shall be accepted by the Association and thereafter shall be maintained by the Association at its expense for the benefit of its Members, subject to any restrictions set forth in the deed or other instrument transferring such property to the Association. Upon written request of Declarant, the Association shall reconvey to Declarant any unimproved portions of the Properties originally conveyed by Declarant to the Association for no consideration, to the extent conveyed by Declarant in error or needed by Declarant to make adjustments in property lines. 4.4. Enforcement. The Board, or the covenants committee if established, may impose sanctions for violation of this Declaration, the By -Laws, any Supplemental Declaration, or any rule or regulation, after compliance with the notice and hearing procedures set forth in Section 3.25 of the By -Laws, Such sanctions may include, without limitation: (a) imposing reasonable monetary fines which shall constitute a lien upon the Unit of the violator (1n the event that any occupant, guest or invitee of a Unit violates the Declaration, the By - Laws, the Supplemental Declaration, or any rule or regulation and a fine is imposed, the fine shall first be assessed against the occupant; provided however, if the fine is not paid by the occupant within the time period set by the Board, the Owner shall pay the fine upon notice from the Board.);. (b) suspending an Owner's right to vote; -7- (c) suspending any Person's right to use any recreational facilities within the Common Area; provided however, nothing herein shall authorize the Board to limit ingress or egress to or from a Unit; (d) suspending any services provided by the Association to an Owner or the Owner's Unit if the Owner is more than thirty (30) days delinquent in paying any assessment or other charge owed to the Association; and (e) levying Specific Assessments to cover costs incurred in bringing a Unit into compliance in accordance with Section 8.6(b) and 9.9. In addition, the Board, or the covenants committee if established, may elect to enforce any provision of this Declaration, the By -Laws, any Supplemental Declaration, or the rules and regulations of the Association by self-help (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules and the removal of pets that are in violation of pet rules) or by suit at law or in equity to enjoin any violation and/or to recover monetary damages. All remedies set forth in this Declaration and the By -Laws shall be cumulative of any remedies available at law or in equity. In any action to enforce the provisions of this Declaration, the By - Laws, any Supplemental Declaration, or any rule or regulation, if the Association prevails, it shall be entitled to recover all costs, including, without limitation, attorneys fees and court costs, reasonably incurred in such action. The Association shall not be obligated to take action to enforce any covenant, restriction, or rule which the Board in the exercise of its business judgment determines is, or is likely to be construed as, inconsistent with applicable law, or in any case in which the Board reasonably determines that the Association's position is not strong enough to justify taking enforcement action. Any such determination shall not be construed a waiver of the right of the Association to enforce such provision under any circumstances or estop the Association from enforcing any other covenant, restriction or rule. The Association, by contract or other agreement, may enforce county and city ordinances, if applicable, and permit local governments to enforce ordinances on the Properties for the benefit of the Association and its Members. 4.5. implied Rights: Board Authority. The Association may exercise any right or privilege given to it expressly by this Declaration or the By -Laws, or reasonably implied from or reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically provided in this Declaration, the By -Laws, the Articles, or by law, all rights and powers of the Association may be exercised by the Board without a vote of the membership. 4.6. Governmental Interests. For so long as the Declarant owns any property which is subject to this Declaration, or which the Declarant may unilaterally subject to this Declaration, the Declarant may designate sites within the Properties for fire, police, utility facilities, public schools, parks, streets, or other public or quasi -public facilities. The sites may include Common Area, in which case the Association shall take whatever action is required with respect to such site to permit such use, including conveyance of the site, if so directed by Declarant. The sites may include other property not owned by Declarant provided the owner consents. BOOK 1'1® 5PAGE ICIE BOOK 4 7 0 5 PAGE 0 10 4.7. Indemnification. The Association shall indemnify every officer, director, and committee member, against all damages and expenses, including attornoys' fees, reasonably incurred in connection with any action, suit, or other proceeding (including settlementof any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer, director, or committee member, except that such obligation to indemnify shall be limited to those actions for which liability is limited under this Section, the Articles of Incorporation and Georgia law. The officers, directors, and ARB or committee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association (except to the extent that such officers or directors may also be Members of the Association). The Association shall indemnify and forever hold each such officer, director and ARB or committee member harmless from any and all liability to others on account of any such contract, commitment or action. This right to indemnification shall not be exclusive of any other rights to which any present or former officer, director, or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available. 4.$. Dedication of or Grant of Easement on Common Area. The Association may dedicate or grant easements across portions of the Common Area to the City, to Fayette County, or to any other local, state, or federal governmental or quasi -governmental entity. 4.9. iffility Lines. Each Owner, occupant, guest, and invitee acknowledges that neither the Association, the Board nor Declarant shall in any way be considered insurers or guarantors of health within the Properties and neither the Association, the Board, nor Declarant shalt be held liable for any personal injury, illness or any other loss or damage caused by the presence or malfunction of utility lines or utility sub -stations adjacent to, near, over, or on the Properties. Each Owner, occupant, guest, and invitee assumes all risk of personal injury, illness, or other loss or damage arising from the piesence of utility lines or utility sub -stations and further acknowledges that neither Declarant nor the Association have made any representations or warranties, nor has any Owner, occupant, guest, or invitee relied upon any representations or warranties, expressed or implied, relative to the condition or impact of utility lines or utility sub -stations. Article 5. MAINTENANCE 5.1. Association's Responsibility. (a) The Association shall maintain and keep in good condition, order and repair the Area of Common Responsibility, which may include, but need not be limited to: (i) Common Area and the facilities located therein ; (ii) all landscaping and other flora, parks, ponds, structures, and improvements, including any entry features, bike and pedestrian pathways/trails, situated upon the Common Area; (iii) all furnishings, equipment and other personal property of the Association; EM (iv) any landscaping and other flora, parks, pedestrian pathways/trails, cart paths, sidewalks, greenbelts, Water Quality Facilities structures and improvements within public rights-of-way within or abutting the Properties or upon such gther public land adjacent to the Properties as deemed necessary in the discretion of the Board; (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, any declaration of easements by Declarant, 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 Declaration of Easements; and (vii) any property and facilities owned by the Declarant and made available, on a temporary or permanent 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 die Area of Common 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 greenbelts, 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 determines 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 determined 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 otherwise specifically provided herein, all costs associated with maintenance, repair and replacement of the Area of Common Responsibility shall be a Common 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 Common Responsibility pursuant to this Declaration, the Covenant to Share Costs, the Declaration of Easements, other recorded covenants, or agreements with the owner(s) thereof. S.?. Owner's Responsibility. Each Owner shall maintain his or her Unit and all structures, parking areas, landscaping and other improvements comprising the Unit in a manner consistent with the Community -Wide Standard and all applicable covenants, unless such maintenance responsibility is otherwise assumed by or assigned to the Association. In addition to any other enforcement rights, if an Owner fails to perform properly his or her maintenance responsibility, the Association may perform such maintenance responsibilities and assess all costs incurred by the Association against the Unit and the Owner in accordance with Section 8.6. The Association shall afford the Owner reasonable notice and an - to _ BOOK 17 0 5 PACE 61.1- BOOK 1705WE 6J1.2 opportunity to cure the problem prior to entry, except when entry is required due to an emergency situation. 5,3. to da[d of Performance. All maintenance shaltbe performed in a manner consistent with the Community -Wide Standard and all applicable covenants. Maintenance shall include the responsibility for repair and replacement as necessary. The Association and/or an Owner shall not be liable for any damage or injury occurring on, or arising out of the condition of, property which it does not own except to the extent that it has been negligent in the performance of its maintenance responsibilities. 5.4. Covenant o Share Costs. Adjacent to or in the vicinity of the Properties, there may be certain residential or nonresidential areas, including without limitation single family residential developments and retail, commercial, or business areas, which are not subject to this Declaration and which are neither Units nor Common Area as defined in this Declaration (hereinafter "adjacent properties"), The owners of such adjacent properties shall not be Members of the Association and shall not be entitled to vote, nor shall they be subject to assessment under Article 8 of this Declaration. The Association may enter into agreements with the owners of portions of the adjacent properties which obligate the owners of such adjacent properties to share in certain costs associated with the maintenance, repair, replacement and insuring of portions of the Area of Common Responsibility, if any, which are used by or benefit jointly the owners of such adjacent properties and the owners within the Properties or which obligate the Association to share in certain costs associated with the maintenance, repair, replacement and insuring of portions of such adjacent properties, if any, which are used by or benefit jointly the owners of such adjacent properties and the owners within the Properties. The owners of such adjacent properties shall be subject to assessment by the Association in accordance with the provisions of such agreement(s). The owners of the adjacent properties shall not be subject to the restrictions contained in this Declaration except as otherwise specifically provided herein. Article 6. INSURANCE AND CASUALTY LOSSES 6.1, Association Insurance. (a) Required Coverages and Payment of Premiums. The Association, acting through its Board or its duly authorized agent, shall obtain and continue in effect the following types of insurance, if reasonably available, or if not reasonably available, the most nearly equivalent coverages as are reasonably available; (i) Blanket property insurance covering "risks of direct physical loss" on a "special form" basis (or comparable coverage by whatever name denominated) for all insurable improvements on the Common Area, if any, and on other portions of the Area of Common Responsibility to the extent that it has assumed responsibility for maintenance, repair and/or replacement in the event of a casualty. If such coverage is not generally available at reasonable cost, then "broad form" coverage may be substituted. The Association shall have the authority to and interest in insuring any property for which it has maintenance or repair responsibility, regardless of ownership. All property insurance policies obtained by the Association shall have policy limits sufficient to cover the full replacement cost of the insured improvements; (ii) Commercial general liability insurance on the Area of Common Responsibility, insuring the Association and its Members for damage or injury caused by the negligence of the Association or any of its Members, employees, agents, or contractors while acting on its behalf. If generally available at reasonable cost, the commercial general liability coverage (including primary and any umbrella coverage) shall have a limit of at least one millioa dollars (51,000,000) per occurrence with respect to bodily injury, personal injury, and property damaget,,provided should additional coverage and higher limits be available at reasonable cost which a reasonably prudent person would obtain, the Association shall obtain such additional coverages or limits; (iii) Workers compensation insurance and employers liability insurance, if and to the extent required by law; (iv) Directors and officers liability coverage; (v) Fidelity insurance covering all Persons responsible for handling Associadon funds in an amount determined in the Board's best business judgment but not less than an amount equal to one-sixth (1/6) of the annual General Assessments on all Units plus reserves on hand. Fidelity insurance policies shall contain a waiver of all defenses based upon the exclusion of Persons serving without compensation; and (vi) Such additional insurance as the Board, in its best business judgment, determines advisable, which may include, without limitation, flood insurance, fidelity insurance covering Persons responsible for the Association funds, and property insurance on insurable improvements. Premiums for all insurance on the Area of Common Responsibility shall be Common Expenses and shall be included in the General Assessment. In the event of an insured loss, the deductible shall be treated as a Common Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board reasonably determines, after notice and an opportunity to be heard in accordance with the By -Laws, that the loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees, or lessees, then the Board may specifically assess the full amount of such deductible against such Owner(s) and their Units pursuant to Section 8.6. (b) Policy Requirements. The Association shall arrange for an annual review of the sufficiency of insurance coverage by one or more qualified Persons, at least one of whom must be familiar with insurable replacement costs in the metropolitan Atlanta area. All Association policies shall provide for a certificate of insurance to be furnished to the Association and to each Member insured upon such Member's written request. The policies may contain a reasonable deductible and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the policy limits satisfy the requirements of Section 6.1(a). In die event of an insured loss, the deductible shall be treated as a Common Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board reasonably determines, after notice and an opportunity to be heard in accordance with the By -Laws, that die loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees, or lessees, then the Board may specifically assess the full amount of such deductible against such Owner(s) and their Units pursuant to Section 8.6. BOOK 17 0 ' PACE All insurance coverage obtained by the Board shall: (i) be written with a company authorized to do business in the State of Georgia which satisfies the requirements of the Federal National Mortgage Association, or such other secondary mortgage market agencies or federal agencies as the Board deems appropriate; - 12 - BOOK 1705PAGE 61*'4 (ii) be written in the name of the Association as trustee for the benefitted parties. Policies on the Common Areas shall be for the benefu of the Association and its Members; (iii) not be brought into contribution with insurance purchased by Owners, occupants, or their Mortgagees individually; (iv) contain an inflation guard endorsement; and (v) include an agreed amount endorsement, if the policy contains a co-insurance clause. In addition, the Board shall use reasonable efforts to secure insurance policies which list the Owners as additional insureds and provide: (i) a waiver of subrogation as to any claims against the Association's Board, officers, employees, and its manager, the Owners and their tenants, servants, agents, and guests; (ii) a waiver of the insurer's rights to repair and reconstruct instead of paying cash; (iii) an endorsement precluding cancellation, invalidation, suspension, or non -renewal by the insurer on account of any one or more individual Owners, or on account of any curable defect or violation without prior written dernand to the Association to cure the defect or violation and allowance of a reasonable time to cure; (iv) an endorsement excluding Owners' individual policies from consideration under any "other insurance" clause; (v) an endorsement requiring at least thirty (30) days' prior written notice to the Association of any cancellation, substantial modification, or non -renewal; (v i) a cross -liability provision; and (vii) a provision vesting in the Board exclusive authority to adjust losses; provided however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related to the loss. (c) Damage and DgstMptigt}. Immediately after damage or destruction to all or any part of the Properties covered by insurance written in the name of the Association, the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repair or reconstruction. Repair or reconstruction, as used in this paragraph, means repairing or restoring the property to substantially the condition in which it existed prior to the damage, allowing for changes or improvements necessitated by changes in applicable building codes. Any damage to or destruction of the Common Area shall be repaired or reconstructed unless the Voting Delegates representing at least sixty-seven percent (67%) of the total Class "A" votes in the Association, and the Class "B" Member, if any, decide within sixty (60) days after the loss not to repair or reconstruct. If either the insurance proceeds or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not available to the Association within such sixty (60) day period, then the period shall be extended until such funds or information are available. However, such extension shall not exceed sixty (60) -I3- additional days. No Mortgagee shall have the riCr ght to participate in the determination of whether the damage or destruction to the Common Area shall be repaired or reconstructed. If determined in the manner described above that the damage or destruction to the_Common Area shall not be repaired or reconstructed and no alternative improvements are authorized, the affected property shall be cleared of all debris and ruins and thereafter shall be maintained by the Association in a neat and attractive, landscaped condition consistent with die Community -Wide Standard. Any insurance proceeds remaining after paying the costs of repair or reconstruction, or after such settlement as is necessary and appropriate, shall be retained by and for the benefit of the Association and placed in a capital improvements account. This is a covenant for the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Unit. If insurance proceeds are insufficient to cover the costs of repair or reconstruction, the Board of Directors may levy Special Assessments without a vote of the Members to cover the shortfall against those Owners responsible for the premiums for the applicable insurance coverage under Section 6.1(a). 6.2. Qwners' Insurance. By virtue of taking title to a Unit, each Owner covenants and agrees with all other Owners and with the Association to carry property insurance for the full replacement cost of all insurable improvements on his or her Unit, less a reasonable deductible. Each Owner further covenants and agrees that in the event of damage to or destruction of structures on his Unit, the Owner shall proceed promptly to repair or to reconstruct in a manner consistent with the original construction or such other plans and specifications as are approved in accordance with Article 9. Alternatively, the Owner shall clear the Unit of all debris and ruins and maintain the Unit in a neat and attractive, landscaped condition consistent with the Community -Wide Standard, The Owner shall pay any costs which are not covered by insurance proceeds. Article 7. AtYN XA.TION AND WITIIDRAWAL OF PROPERTY 7.1, Annexation Without Approval of Membership. Until twenty (20) years after the recording of this Declaration in the Public Records, Declarant may from time to time unilaterally subject to the provisions of this Declaration all or any portion of the real property described in ]E jiibit B. The Declarant may transfer or assign this right to annex property, provided that the transferee or assignee is the developer of at least a portion of the real property described in Exhibit A or Exhibit B and that such transfer is memorialized in a written, recorded instrument executed by Declarant. Such annexation shall be accomplished by filing a Supplemental Declaration in the Public Records describing the property being annexed. Such Supplemental Declaration shall not require die consent of Members, but shall require the consent of the owner of such property, if other than Declarant. Any such annexation shall be effective upon the filing for record of such Supplemental Declaration unless otherwise provided therein. Nothing in this Declaration shall be construed to require the Declarant or any successor to annex or develop any of the property set forth in Exhibit B in any matcher whatsoever. 7.2. Annexation With Appmal of Membership. The Association may annex any other real property to the provisions of this Declaration with the consent of the owner of such property, the affirmative vote of Members representing a Nlajority of the Class "A" votes of the Association represented at a meeting duly called for such purpose, and the written consent of the Declarant so long as Declarant owns property subject to this Declaration or which the Declarant may unilaterally subject to this Declaration. Such annexation shall be accomplished by filing a Supplemental Declaration describing (lie property being annexed in the Public Records. Any such Supplemental Declaration shall be signed by the President and the Secretary of the Association, and by the owner of the annexed property, and by the Declarant, if the Declarant's consent is required. Any such annexation shall be effective upon filing unless otherwise provided therein. - 14 - GOOK 17 © 5" PAGE fix BOOK 1 0 5 PAGE 6 :�. G 7.3. Withdrawal Property. The Declarant reserves the right to amend this Declaration so long as it has a right to annex additional property pursuant to Section 7. 1, for the purpose of removing any portion of the Properties from the coverage of this Declaration,.provided such withdrawal is not contrary to the overall, uniform scheme of development for the Properties. Such amendment shall not require the consent of any Person other than the Owner of the property to be withdrawn, if not the Declarant. 7.4. Amendment. This Article shall not be amended without the prior written consent of Declarant so long as the Declarant owns any property which is subject to this Declaration or which Declarant may unilaterally subject to this Declaration. Article 8. ASSESSMENTS 8.1. Creation of and Obligation for Assessments. (a) PuMgses and Types. There are hereby created assessments for the Common Expenses of the Association as the Board may authorize from time to time. There shall be three types of assessments: (a) General Assessments as described in Section 8.3; (b) Special Assessments as described in Section 8.5; and (c) Specific Assessments as described in Section 8.6. Each Owner, by accepting a deed or entering into a recorded contract of sale for any portion of the Properties, is deemed to have notice of liability for these assessments and to covenant and agree to pay these assessments. (b) 'Lersgnal Obligation and Lien. All assessments, together with interest not to exceed the maximum rate allowable by law, late charges, costs of collection, and reasonable attorneys' fees, shall be a charge and continuing lien upon each Unit against which the assessment is made until paid, as more particularly provided in Section 8.7. Each assessment, together with interest, late charges, costs of collection, and reasonable attorneys' fees, also shall be the personal obligation of the Person who was the Owner of such Unit at the time the assessment arose. Upon a transfer of title to a Unit, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. However, no first Mortgagee who obtains title to a Unit by exercising the remedies provided in its Mortgage shall be liable for unpaid assessments which accrued prior to such acquisition of title. The Association shall, upon request, furnish to any Owner liable for any type of assessment a written statement signed by an Association officer setting forth whether such assessment has been paid. Such statement shall be conclusive evidence of payment. The Association may require the advance payment of a reasonable processing fee for the issuance of a statement. Assessments shall be paid in such manner and on such dates as the Board may establish. Unless the Board otherwise provides, the General Assessment shall be due and payable in advance on the first (1st) day of each fiscal year. The Board may require advance payment of assessments at closing of the transfer of title to a Unit and impose special requirements for Owners with a history of delinquent payment. If the Board so elects, assessments may be paid in two (2) or more installments. If any Owner is delinquent in paying any assessments or other charges levied on his Unit, the Board may require any unpaid installments or all outstanding assessments to be paid in full immediately. Any assessment or installment shall be considered delinquent on the fifteenth (15th) day following the due date unless otherwise specified by Board Resolution. No Owner may exempt himself from liability for assessments by non-use of Common Area, abandonment of his Unit, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or set-off shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. The Association is specifically authorized to enter into subsidy contracts or contracts. for "in kind" contribution - 15 - of services, materials, or a combination of services and materials with the Decl rant or other entities for payment of Common Expenses. 8.2. Declarant's Obligation for Assessmentj. So long as the Declarant owns any property which is subject to this Declaration or which Declarant may unilaterally subject to this Declaration, Declarant may elect annually either to pay an amount equal to regular assessments on its unsold Units, or to pay the difference between the amount of assessments levied on all other Units subject to assessment and the amount of actual expenditures by the Association during the fiscal year. Unless the Declarant otherwise notifies the Board in writing at least sixty (60) days before the beginning of each fiscal year, the Declarant shall be deemed to have elected to continue paying on the same basis as during th immediately preceding fiscal year. The Declarant's obligations hereunder may be satisfied in the forrn of cash or by "in kind" contributions of services or materials, or by a combination of these. 8.3. Computation of General Assessments. The Board shall prepa e a budget covering the estimated Common Expenses during the coming year including a capital contribut on to establish a reserve fund in accordance with a budget separately prepared as provided in Section 8.. General Assessments shall be levied equally on all Units subject to assessment pursuant to Section 8. . The Board shall send a copy of the budget and notice of the amount of the General Assessment for the upcoming year to each Owner at least thirty (30) days prior to the effective date of such budget. Such budget and assessment shall become effective unless disapproved at a meeting by Members representing at least sixty-seven percent (677o) of the total Class "A" votes in the Association and by the Class "B" Member, if any. If a budget is not adopted for any year, or if the Association fails to deliver an assessment notice, then until such time as a budget is adopted, the budget in effect for the urunediately preceding yelir shall continue for the current year and each Owner shall continue to pay General Assessments on the same basis as during the last year. Once a new budget is adopted and assessments levied, the Association may retroactively assess any shortfalls in collections, if the budget proves inadequate for any reason, the Board may prepare a revised budget for the remainder of the fiscal year, which revised budget shall ecome effective unless disapproved at a meeting by Members in the same manner as prescribed for the initial.budget. There shall be no obligation to call a meeting for the purpose of considering the budget or a y revised budget except on petition of the Members as required for special meetings in the By-Laws,which petition must be presented to the Board within ten (10) days after delivery of the notice of assessments. So long as the Declarant has the right unilaterally to annex additional property pursuant to Sectior 7. 1, the Declarant may, but shall not be obligated to, reduce the General Assessment for any fiscal year y payment of a subsidy (in addition to any amounts paid by Declarant under Section 8.2), which mal be treated as either a contribution or an advance against future assessments due from the Declarant, or d loan, in the Declarant's discretion. Any such subsidy shall be conspicuously disclosed as a line item in the Common Expense budget and the treatment of such subsidy shall be made known to the membership. The payment of such subsidy in any year shall under no circumstances obligate the Declarant to continue payment of such subsidy in future years, unless otherwise provided in a written agreement between the Association and the Declarant. 8.4, Reserve Budget and Capital Contribp-Lion. The Board shall annually prepare reserve budgets which take into account the number and nature of replaceable assets within the Area of Common Responsibility, the expected life of each asset, and the expected repair or repla ement cost. The Board shall set die required capital contribution in an amount sufficient to permit meeting the projected needs of the Association, as shown on the budget over the budget period. 8.5. Special Assessments. In addition to other authorized assessments,:he Association may levy Special Assessments from time to time to cover unbudgeted expenses or ex nses in excess o t])oae BOOK 0 PAGE_ -16- BM 1705PAGE 6J[ budgeted. So long as the total amount of Special Assessments allocable to a Unit does not exceed $250.00 in any one (1) fiscal year, the Board may impose the Spec ial•Assessment. Except as provided in Section 6.1(c) hereof, any Special Assessment which would cause the afnount of Special Assessments allocable to any Unit to exceed this limitation shall require the affirmative vote or writ en consent of Members representing at least sixty-seven percent (67%) of the total Class "A" votes in the Association, and the written consent of the Declarant so long as the Declarant owns any prope which is subject to this declaration or which Declarant may unilaterally subject to this Declaration. Spe ial Assessments shall be payable in such manner and at such times as determined by the Board, and may lie payable in installments extending beyond the fiscal year in which the Special Assessment is approved, pecial Assessments shall be levied equally on all Units. 8.6. Specific Assessments. The Association shall have the power to Ivy Specific Assessments against a particular Unit or Units as follows: (a) to cover the costs, including overhead and administr tive costs, of providing benefits, items, or services to the Unit(s) or occupants thereof upon request of the Owner pursuant to a menu of special services which the Board may from time to time authorize to lie offered to Owners and occupants (which might include, without limitation, garbage collection, landsca a maintenance, janitorial service, pest control, etc.), which assessments may be levied in advance of the provision of the requested benefit, item or service as a deposit against charges to be incurred by the Owner; and (b) to cover costs incurred in bringing the Unit(s) into co liance with the terms of this Declaration, any applicable Supplemental Declaration, the By -Laws or rules, or costs incurred as a consequence of the conduct of the Owner or occupants of the Unit, their agents contractors, employees, licensees, invitees, or guests; provided, however, the Board shall give the Unit Owner prior written notice and an opportunity for a hearing, in accordance with the By -Laws before levying any Specific Assessment. 8.7. Lien for Assessments, The Association shall have a lien ag-, payment of delinquent assessments, as well as interest at a rate set by the Board interest rate limitations under Georgia law), late charges and costs of collection -(i Such lien shall be superior to all other liens, except (a) the liens of all taxes, bon( levies which by law would be superior, and (b) the lien or charge of any first Mo any recorded Mortgage with first priority over other Mortgages) made in good i lien, when delinquent, may be enforced by suit, judgment, and foreclosure t Association may bid for the Unit at the foreclosure sale and acquire, hold, leas the Unit. While a Unit is owned by the Association following foreclosure: (a; exercised on its behalf; (b) no assessment shall be levied on it; and (c) each oth in addition to its usual assessment, its pro rata share of the assessment that woulc Unit had it not been acquired by the Association. The Association may sue fo other charges authorized hereunder without foreclosing or waiving the lien secs or transfer of any Unit shall not affect the assessment lien or relieve such'U subsequent assessments. However, the sale or transfer of any Unit pursuant I Mortgage shall extinguish the lien as to any installments of such assessments transfer. A Mortgagee or other purchaser of a Unit who obtains title pursu Mortgage shall not be personally liable for assessments on such Unit due prior tc Such unpaid assessments shall be deemed to be Common Expenses collectible subject to assessment, including such acquirer, its successors and assigns. - 17 - inst each Unit to secure (subject to the maximum zcluding attorneys' fees). S, assessments, and other tgage of record (meaning with and for value. Such rider Georgia law. The mortgage, and convey no right to vote shall be :r Unit shall be charged, have been charged such unpaid assessments and tring the same. The sale tit from the lien for any a foreclosure of the first iue prior to such sale or int to foreclosure of the such acquisition of title. 'rorn Owners of all Units 8.8. pate of Commencement ofAsa ss ent . The obligation to pay assessments shall commence as to each Unit on the date which the Unit is conveyed to or oc5upied for residential purposes by a Person other than a Builder or Declarant. The first annual General Assessment levied on each Unit shall be paid at the closing of the sale to a Person other than a Builder or Deccarant. In the event the obligation to pay assessments accrues by virtue of occupation of a Unit for residential purposes, the first annual General Assessment levied shall be paid immediately upon demand by the Association, and shall be based on the date of occupancy of the Unit for residential purposes. Notwithstanding the foregoing, a Builder holding any lot for one (1) year after purchase shall be obligated to pay the full annual assessment and capital contribution under Section 8.11 for stich lot, commencing with the first day of the month after the first anniversary of the Builder's purchase of the lot. The first annual General Assessment shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Unit. 8.9. Failure to Assess. Failure of die Board to fix assessment amounts or rates or to deliver or mail 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 General Assessments on the same basis as during the last year for which an assessment was made, if any, until a new assessment is levied, at which time the Association may retroactively assess any shortfalls in collection. 8.10. Exempt Property. The following property shall be exempt from payment of assessments: (a) All Common Area and such portions of the property owned by the Declarant as are included in the Area of Common Responsibility pursuant to Section 5.1, and (b) Any property dedicated to and accepted by any governmental authority or public utility. 8.11. Capitalization of Association. Upon acquisition of record title to a, Unit by the first Owner thereof other than the Declarant or a Builder, or upon occupation of a Unit by a Person other than a Builder or Declarant, a contribution shall be made by or on behalf of the purchaser or Person occupying the Unit to the working capital of the Association in an amount equal to one-sixth (1/6) of the annual General Assessment per Unit for that year. This amount shall be in addition to, not in lieu of, the annual General Assessment and shall not be considered an advance payment of such assessment. This amount shall be collected and disbursed to the Association at closing of the purchase and sale of the Unit, or, in the event the obligation to make the capital contribution accrues by virtue of occupation of a Unit for residential purposes, the capital contribution shall be paid immediately upon demand by the Association, and shall be based on the date of occupancy of the Unit for residential purposes. The capital contributions shall be used in covering operating expenses and other expenses incurred by the Association pursuant to this Declaration and the By -Laws. 8.12. Decl2Cant's Obligation. During the Class "B" Control Period, Declarant shall fund any deficit during any fiscal year. The "deficit" shall be the difference between: (a) the amount of all income and revenue of any kind received by the Association, including but not limited to, assessments collected on all Units, use fees, advances made by Declarant, and income from all other sources, and BOOK 17 0 5 PAGE - 18 - BOOK 1705PAGE 620 (b) the amount of all actual expenditures incurred by the Association during the fiscal year, including any reserve contributions for such year, but excluding all non-cash expenses, such as depreciation or amortization, and all expenditures made from reserve funds. Calculation of the deficit shall be performed on a cash basis of accounting. The Declarant may satisfy such obligation through "in kind" contribution of services, materials, or a combination of services and materials. Article 9. ARCHITECTURAL STANDARDS 9.1. General. No structure shall be placed, erected, or installed upon any Unit, and no improvements (including staking, clearing, excavation, grading and other site work, exterior alteration of existing improvements, and planting or removal of landscaping materials) shall take place except in compliance with this Article, and approval of the ARB under this Article unless exempted from the application and approval requirements pursuant to Section 9.3. Any Owner may remodel, paint or redecorate the interior of structures on his Unit without approval; however, modifications to the interior of screened porches, patios, and similar portions of a Unit visible from outside the structures on the Unit shall be subject to approval. No approval shall be required to repaint the exterior of a structure in accordance with the originally approved color scheme or to rebuild in accordance with originally approved plans and specifications. All dwellings constructed on any portion of the Properties shall be designed by and built in accordance with the plans and specifications of a licensed architect or other qualified building designer. This Article shall not apply to the activities of the Declarant. This Article may not be amended without die Declarant's written consent so long as the Declarant owns any land subject to this Declaration or which Declarant may unilaterally subject to this Declaration.. 9.2. Arrcllitectural review. Responsibility for administration of the Design Guidelines and review of all applications for construction and modifications under this Article shall be handled by the ARB, the members of which need not be Members of the Association or representatives of Members, and may, but need not, include architects, landscape architects, engineers or similar professionals, whose compensation, if any, shall be established from time to time by the ARB. The ARB may establish and chane reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review of any application. Such fees may include the reasonable costs incurred by the ARB in having any application reviewed by architects, engineers or other professionals. The ARB shall consist of at least three (3), but not more than five (S), persons and shall have exclusive jurisdiction over all construction on any portion of the Properties. The Declarant shall have the right to appoint all members of the ARB who shall serve at the Declarant's discretion. There shall be no surrender of this right except in a written instrument in recordable form executed by Declarant. Upon the surrender of such right as set forth herein, the Board shall appoint the members of the ARB, who shall thereafter serve and may be removed in the Board's discretion. 9.3. Guidelines arLd Procedures. (a) Design Guidelines. The Declarant shall prepare Design Guidelines for the Properties. The Desitin Guidelines may contain general provisions applicable to all of the Properties, as well as other specific provisions which vary from one portion of the Properties to another depending upon the location and unique characteristics. The Design Guidelines are intended to provide guidance to Owners and Builders regarding matters of particular concern to the ARB in considering applications hereunder. The Design Guidelines are not the exclusive basis for decisions of the ARB, and compliance with the Design EVE Guidelines does not guarantee approval of any application. The ARB shall adopt such Design Guidelines at its initial organizational meeting and thereafter shall have Bole and Tull authority to amend them. Any amendments to the Design Guidelines shall be prospective only and shall not apply to require modifications to or removal of structures previously approved once the approved construction or modification has commenced. There shall be no limitation on the scope of amendments to the Design Guidelines; the ARB is expressly authorized to amend the Design Guidelines to remove requirements previously imposed or otherwise to make the Design Guidelines less restrictive. The ARB shall make the Design Guidelines available to Owners and Builders who seek to engage in development or construction within the Properties. In the Declarant's discretion, such Dbsign Guidelines may be recorded in the Public Records, in which event the recorded version, as it may unilaterally be amended from the to time, shall control in the event of any dispute as to which version of the Design Guidelines was in effect at any particular time. (b) r cdunes. Plans and specifications showing the nature, kind, shape, color, size, materials, and location of all proposed structures and improvements shall be submitted to the ARB for review and a decision on approval. In addition, information concerning irrigation systems, drainage, lighting, landscaping and other features of proposed construction shall be submitted as applicable and as required by the Design Guidelines. In reviewing each submission, the ARB may consider the quality of workmanship and design, harmony of external design with existing structures, and location in relation to surrounding structures, topography, and finish grade elevation, among other considerations. Decisions of the ARB may be based on purely aesthetic considerations. Each Owner acknowledges that opinions on aesthetic matters are subjective and may vary as ARB members change over time. In the event that the ARB fails to approve or to disapprove any application within ten (10) business days after submission of all information and materials reasonably requested, the application shall be deemed approved, However, no approval, whether expressly granted or deemed granted pursuant to the foregoing, shall be inconsistent with the Design Guidelines unless a variance has been granted in writing by the ARB pursuant to this Article. Notwithstanding the above, the ARB by resolution may exempt certain activities from the application and approval requirements of this Article, provided such activities are undertaken in strict compliance with the requirements of such resolution. 9.4. Specific Guidelines and Restrictions. The following items are strictly regulated by the ARB, and the ARB shall have the right, in its sole discretion, to prohibit or restrict these items within the Properties. Each Owner must strictly comply with the terms of this Section unless approval or waiver in writing is obtained from the ARB. The ARB may, but is not required to, adopt specific guidelines as part of the Design Guidelines, or rules and regulations which address these items. (a) Tree Removal. Removal of trees and other natural resources without the prior written consent of the ARB is prohibited except as permitted by the Design Guidelines. (b) Lighting. Exterior lighting visible from the street shall not be permitted unless approved by the ARB under this Article. Seasonal decorative lights may be used only pursuant to rules and regulations established by the Board from time to time. (c) Exterior Structures. No exterior structure of any kind nor any artificial vegetation or sculpture shall be constructed, erected or placed on the outside portion of the Unit, whether such portion 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, boatslips 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; -20- BOOK 17 n 5 PAGE b � :� BOOK 17 ©5 PAGE W22 2 and hedges, walls, dog runs, animal pens, or fences of any kind. Notwithstanding the foregoing, the Association shall regulate antennas, satellite dishes, or any otheLapparatus for the transmission or reception of television, radio, satellite or other signals of any kind ordy kstrict 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, dwelling, garage or out building 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) Utilitv Cines. 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) Ligns. 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 Unit, or any structure or dwelling located on the Common Area or any Unit (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 Treatment�. 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 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 Properties. (i) Water Quality and Erosion Control. The plans for each Unit shall comply with easements, this Declaration and the Peachtree City Erosion Control Ordinance with regard to water quality facilities and erosion control. 9.5. Qonstruction 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 be completed within the time limits established by the ARB at the time the project is submitted to the ARB for approval 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. -21- 9.7. Variance. Tlie ARB may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, nataual obstructions, hardship, or aesthetic or environmental considerations require, but only in accordanceZ ith 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 (e) 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 and other governmental requirements including without limitation the Peachtree City Erosion Control Ordinance. Neither the Declarant, the Association, the Board, the ARB, nor 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 4.7. 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, improvement or landscaping placed or made in violation of this Article shall be deemed to be nonconforming, except to the extent that a variance has been granted pursuant to Section 9.7. 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 4.4. 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 law, may be assessed against the benefitted Unit and collected as a Specific Assessment which shall be subject to enforcement as set forth in Article 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 maturer 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 8.7. 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. 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. BOOK 17 0 5 PAGE 6 2.1 1 -22 - BOOK-1705PAGE 624 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 10.1. General Use Restrictjons. 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 terms "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; (x) such activity is engaged in full or part-time, (y) such activity is intended to or does generate a profit, or (2) 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. I easin . Units may be leased for residential purposes only for a minimum terns 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. 10.1. Rules ,ind Regulations. In addition to the rules and regulations stated in this Article, the Board may, front 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 by a Majority of the Members, and the written consent of the Declarant, so Iong as the Declarant owns any property which is subject to this Declaration or which may be unilaterally subjected to this Declaration by the Declarant. -23- 10.5. Vehicles. All vehicles shall be subject to such reasonable rules and regulations as the Board of Directors may adopt. In addition, the following shall apply: 4.. (a) Automobiles and non-commercial trucks and vans shall be parked only in the garages or in the driveways, if any, serving the Units unless otherwise approved by the ARB; provided however, the Declarant and/or the Association may designate certain on -street parking areas for visitors or guests subject to reasonable riles. No automobile or non-commercial truck or van may be left upon any portion of the Properties, except in a garage, if it is unlicensed or if it is in a condition such that it is incapable of being operated upon the'public highways. Such vehicle shall be considered a nuisance and may be removed from the Properties. No motorized vehicles shall be permitted on unpaved Common Area except for public safety vehicles authorized by the Board. (b) Recreational vehicles shall be parked only in the garages, if any, serving the Units. The term "recreational vehicles," as used herein, shall include, without limitation, motor homes, mobile homes, boats, trailers, other towed vehicles, motorcycles, minibikes, scooters, golf carts, go-carts, campers, buses, commercial trucks and vans. Any recreational vehicle parked or stored in violation of this provision in excess of two (2) days shall be considered a nuisance and may be removed from the Properties. Trucks with mounted campers which are an Owner's or occupant's primary means of transportation shall not be considered recreational vehicles, provided they are used on a regular basis for transportation and the camper is stored out of public view. 10.6. Nuisance. It shall be the responsibility of each Owner and occupant to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her property. No property within the Properties shall be used, in whole or in part, for the storage of any property or thing that will cause such Unit to appear to be in -an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept that will emit foul 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 be carried on within the Properties, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Properties. There.shall not be maintained any plants or animals or device or thing of any sort 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 Properties. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes or as approved by the ARB, shall be located, installed or maintained upon the exterior of any Unit unless required by law. 10.7. Storage of Materials_ Trash. Garbage, Dumping, Etc. (a) No lumber, metals, bulk materials, refuse, trash or other similar materials shall be kept, stored, or allowed to accumulate outside the buildings on any Unit, except during the initial construction period of the improvements to the Unit, not to exceed one (1) year irr duration, and then only during periods of actual construction. In addition, during construction the building materials on any Unit shall be placed and kept in an orderly fashion. Any Unit on which construction is in progress shall be policed prior to each weekend and during the weekend all materials shall be neatly stacked or placed and any trash or waste materials shall be removed. (b) All garbage cans shall be located or screened so as to be concealed from view of neighboring streets and property. All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate. Declarant and Builders may dump and bury rocks and trees removed from a 800K 17055PA6E 6wr5 -24-i 24 - BOOK 1705PAGE 62-(') building site on such building site. Owners and occupants may burn or bury biodegradable trash, leaves, debris or other materials only in accordance with rules%established by the Board and . applicable governmental laws and regulations. 10.8. Altimals and Pets. No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any Unit, with die exception of dogs, cats, or other usual and common household pets in reasonable number, as determined by the Board. No animals shall be kept, bred or maintained for any commercial purpose. All pets shall be reasonably controlled by the owner whenever outside a Unit and shall be kept in such a manner as to not become a nuisance by barking or other acts. The owners of the pet shall be responsible for all of the pet's actions. If, in the sole opinion of the Board, any animal becomes dangerous or an annoyance or nuisance in the Properties or to nearby property or destructive of wildlife, they shall be removed from the Properties. By way of explanation and not limitation, this Section may be enforced by exercising self-help rights provided in Section 4.4. 10.9. Gelteral Prohibitions. The following are strictly prohibited: (a) 9m. The discharge of firearms on the Properties. The term "firearms" includes without limitation "B -B" guns, pellet guns, and firearms of all types. The Board shall have no obligation to take action to prevent or stop such discharge. (b) Combustible Liquid. Storage of gasoline, heating or other fuels, except for a reasonable amount of fuel that may be stored on each Unit for emergency purposes and operation of lawn mowers and similar tools or equipment; provided that the Association shall be permitted to store fuel for operation of maintenance vehicles, generators and similar equipment. 10.10. Streams. No streams which run across any Unit may be dammed, or the water therefrom impounded, diverted, or used for any purpose without the prior written consent of the Board, except that the Declarant shall have such rights as provided in Article 11. 10.11. Wetlands. All areas designated on a recorded plat as "wetlands" shall be generally left in a natural state, and any proposed alteration of the wetlands must be in accordance with any restrictions or covenants recorded against such property and be approved by all appropriate regulatory bodies. Nonvidhstanding anything contained in this paragraph, the Declarant, the Association, and the successors, assigns, affiliates and designees of each may conduct such activities as have been or may be permitted by the U.S. Army Corps of Engineers or any successor thereof responsible for the regulation of wetlands, 10.12. Drainage and Grading. (a) 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. No Owner or occupant may obstruct or rechannel the drainage flows after location and installation of drainage swales, storm sewers, or storm drains. (b) Use of the areas designated as "Drainage Easement Areas" on any recorded subdivision plat of the Properties, shall be subject to strict prohibitions against encroachment of structures into, over or across the Drainage Easement Areas, and the right of the City and Declarant to go upon and maintain the Drainage Easement Areas. Such maintenance activities may include disturbance of landscaping pursuant to die terms contained in the Declaration of Easements, notwithstanding approval of the landscaping as set forth in Article 9. -25 - (c) No Person shall alter the grading of any Unit without prior approval pursuant to Article 9 of this Declaration. The Declarant hereby reserver for itself and the Association a perpetual easement across the Properties for the purpose of altering drainage and water flow. The exercise of such an easement shall not materially diminish the value' of or unreasonably interfere with the use of any Unit without the Owner's consent. (d) All Persons shall comply with the Peachtree City Erosion Control Ordinance in construction of improvements on any Unit and in conducting any activity within non -disturbance buffer zones and restricted areas of impervious surface. 10.13. Water Qua lty Facilities. The Properties are lecated in the vicinity of bodies of water and for that reason involve special considerations regarding water runoff from the Properties. In order to control water quality, there shall be no dumping of grass clippings, leaves or other debris; rubbish, trash or garbage; petroleum products, or other potentially hazardous or toxic substances in or on any drainage ditch, stream, pond, Water Quality Facility, greenbelt, buffer zone, or nondisturbance area within or adjacent to the Properties. Fertilizers may be applied to landscaping only if care is taken to minimize runoff. In addition, Declarant has designed and constructed Water Quality Facilities which the Declarant or City will maintain to assure performance of those facilities as intended. All areas designated as "water quality facilities" appearing on a recorded subdivision plat of the Properties shall be generally left in a natural state, and any proposed alteration or landscaping of the Water Quality Facilities must be in accordance with any restrictions or covenants recorded against such property and be approved by all appropriate regulatory bodies and the ARB in accordance with Article 9. 10.14. Greenbelts, Buffer Zones, and Nondisturbance- Areas. The Properties are located adjacent to other subdivisions which are separated from the Properties by a greenbelt, buffer zone or nondisturbance area. All areas designated as "greenbelts" "buffer zones" or "nondisturbance areas" shall be generally left in a natural state, and any proposed alteration or landscaping of these areas must be in accordance with any restrictions or covenants recorded against such property and be approved by all appropriate regulatory bodies and the ARB in accordance with Article 9. 10.15. Sight Distance at Intersections. All property located at street intersections or driveways shall be landscaped so as to permit safe sight across such areas. 10.16. Subdivision of Unit. No Unit shall be subdivided or its boundary lines changed after a subdivision plat including such Unit has been approved and filed in the Public Records, Declarant, however, hereby expressly reserves the right to replat any Unit or Units which it or any Builder owns, with the written prior consent of the owner of the Unit or Units affected. Any such division, boundary line change, or replatting shall not be in violation of the applicable subdivision and zoning regulations, if any. 10.17. Occupancy of Unfinished Units. No dwelling erected upon any Unit shall be occupied in any manner before commencement of construction or while in the course of construction, nor at any time prior to the dwelling being fully completed. For the purposes of this Section, commencement of construction shall mean that (i) all plans for such construction have been approved by the ARB; (ii) a building permit has been issued for the Unit by the appropriate jurisdiction; and (iii) construction of a residential dwelling on the Unit has physically commenced beyond site preparation. Completion of a dwelling shall mean that a certificate of occupancy has been issued by the appropriate jurisdiction for the Unit. -26- BOOK 17 0 5 PAGE 6 2'S 10.13. Occupants Bound. All provisions of the Declaration, By -Laws, and of any rules and regulations, use restrictions or Design Guidelines governing.. the conduct of Owners and establishing sanctions against Owners shall also apply to all occupants even though occupants are not specifically mentioned. lines may be levied against Owners or occupants. If a fine is fust levied against an occupant and is not paid timely, the fine may then be levied against the Owner. Article 11. EASEMENTS 11.1. Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment, and for maintenance and use of any permitted encroachment, between adjacent Units and between each Unit and any adjacent Common Area and between adjacent Units due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed or altered thereon (in accordance with the terms of these restrictions) to a distance of not more than three (3) feet. However, in no event shall an easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the pact of, or with the knowledge and consent of, the Person claiming the benefit of such easement, 11.2. Easements for -Utilities, Etc. (a) There are hereby reserved to the Declarant, so long as the Declarant owns any property which is subject to this Declaration or which the Declarant may unilaterally subject to this Declaration, the Association, and the designees of each (which may include, without limitation, any governmental or quasi -governmental entity and any utility company, whether public or private) perpetual non-exclusive easements upon, across, over, and under all of the Properties (but not through a structure) to the extent reasonably necessary for the purpose of installing, constructing, monitoring, replacing, repairing, maintaining, operating and/or removing cable television or master antenna systems; security systems; roads and walkways; wetlands and drainage systems; irrigation systems, street lights; signage; and all utilities including but not limited to water, sewers, telephone, gas, and electricity and utility meters; and an easement for access of vehicular and pedestrian traffic over, across and through the properties, as necessary, to exercise the above-described easements. Declarant specifically grants to the local water supplier, electric company, telephone company and natural gas supplier easements across the Properties for ingress, egress, installation, reading, replacing, repairing, and maintaining utility lines, meters and boxes, as applicable. (b) There is hereby reserved to 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, the non-exclusive right and power to grant such specific easements as may be necessary, in the sole discretion of Declarant, in connection with the orderly development of any property described on Eshi i A or Exhih B. (c) Any damage to a Unit resulting from the exercise of the easements described in paragraphs (a) and (b) of this Section shall promptly be repaired by, and at the expense of, the Person exercising the easement. The exercise of these easements shall not extend to permitting entry into the structures on any Unit, nor shall it unreasonably interfere with the use of any Unit and, except in an emergency, entry onto any Unit shall be made only after reasonable notice to the Owner or occupant. (d) Declarant reserves unto itself the right, in the exercise of its sole discretion, upon the request of any Person holding, or intending to hold, an interest in the Properties, or at any other time, - 27 - (i) to release all or any portion of the Properties from the burden, effect, and encumbrance of any of the easements granted or reserved under this Section, or (ii) to define the limits of any such easements. 11.3. Easement for Slope Control and Drainage Maintenance. The Declarant, for itself and the Association, and their respective representatives, successors and assigns, contractors and agents, hereby establishes and reserves a permanent and perpetual non-exclusive easement appurtenant over, across, under, through and upon each Unit for the purposes of: (a) controlling soil erosion, including grading and planting with vegetation any areas of any Unit which are or may be subject to soil erosion and complying with the Peachtree City Erosion Control Ordinance; (b) drainage of natural or man-made water flow and water areas from any portion of the Properties; (c) changing, modifying or altering the natural flow of water, water courses or waterways on or adjacent to any Unit; (d) dredging, enlarging, reducing or maintaining any water areas or waterways within the Properties; and (e) installing such pipes, lines, conduits, Water Quality Facilities, or other equipment or facilities as may be necessary for slope control, drainage and waterway maintenance of any portion of the Properties. 11.4. Easements for Water Quality Facility. Drilinage Easement Area Maintenance. (a) The Declarant reserves for itself and its successors, assigns, and designees the nonexclusive right and easement, but not the obligation, to enter upon the ponds, streams, and wetlands located within the Area of Common Responsibility to (i) install, keep, maintain, and replace pumps in order to provide water for the irrigation of any of the Area of Common Responsibility; (ii) construct, maintain, and repair any structure retaining water; and (iii) remove trash and other debris therefrom and fulfill maintenance responsibilities as provided in this Declaration. The Declarant's rights and easements provided in this Section shall be transferred to die Association at such time as the Declarant shall cease to own any property subject to the Declaration, or such earlier time as Declarant may elect, in its sole discretion, to transfer such rights by a written instrument. The Declarant, the Association, and their designees shall have an access easement over and across any of the Properties abutting or containing any portion of any pond, stream, or wetland to the extent reasonably necessary to exercise their rights under this Section. (b) Declarant reserves easement rights for non-exclusive, perpetual easement to allow the passing, discharging and draining of surface waters over and across the Properties to the drainage easement areas and Water Quality Facilities shown on recorded subdivision plats of the Properties. The easement rights reserved are perpetual and run with and are appurtenant to title to the Properties and constitute a perpetual burden upon the Drainage Easement Areas. The rights reserved include without limitation the right of the Declarant to go upon the Drainage Easement Areas to effect maintenance, repair and replacement, and the right of the City to go upon the Drainage Easement Areas to.effect maintenance, repair and replacement of the drainage and Water Quality Facilities, and to disturb existing landscaping within the Drainage Easement Areas and to temporarily pile dirt and plant material upon the Drainage BDDK -70bAME 62 1) -28- BOOK 17 0 5 PAGE 6 a 0 Easement Areas, provided the area is restored to a neat and attractive condition to (lie extent practical, as soon as reasonably possible after completion of the activities authorized hereunder. Use of the Drainage Easement Areas is limited to landscaping. Encroachment of.Ztructures into, over, or across Drainage Easement Areas is strictly prohibited. Landscaping in the Drainage Easement Areas is subject to removal in the reasonable discretion of Declarant and/or City in the ordinary course of maintenance of the drainage and water quality facilities. Such landscaping shall be installed in conformance with Article 9 herein. (c) In addition to the foregoing, the Declarant reserves for itself and its successors, assigns, and designees the nonexclusive right and easement, but not the obligation, to enter upon the Properties to (i) construct, maintain, and repair any Water Quality Facility, wall, dam, or other structure retaining water; and (ii) remove trash and other debris therefrom and fulfill any maintenance responsibilities assumed by Declarant. All persons entitled to exercise these easements shall use reasonable care in, and repair any damage resulting from the intentional exercise of such easements. Nothing herein shall be construed to make Declarant or any other Person liable for damage resulting from flooding due to heavy rainfall or other natural disasters. (d) Declarant reserves unto itself the right, in the exercise of its sole discretion, upon the request of any Person holding, or intending to hold, an interest in the Properties, or at any other time, (i) to release all or any portion of the Properties from the burden, effect, and encumbrance of any of the easements granted or reserved under this Section, or (ii) to define the limits of any such easements. 11.5. Easement for Greenbelt Maintenance. (a) The Declarant reserves for itself and its successors, assigns, and designees the nonexclusive right and easement, but not the obligation, to enter upon greenbelts, buffer zones and nondisturbance areas located within the Area of Common Responsibility to remove trash and other debris therefrom and fulfill maintenance responsibilities as provided in this Declaration. The Declarant's rights and easements provided in this Section shall be transferred to the Association at such time as the Declarant shall cease to own any property subject to the Declaration, or such earlier time as Declarant may elect, in its sole discretion, to transfer such rights by a written instrument., The Declarant, the Association, and their designees shall have an access easement over and across any of the Properties abutting or containing any portion of greenbelt, buffer zone or nondisturbance area to the extent reasonably necessary to exercise their rights under this Section. (b) Encroachment of structures into, over, or across greenbelts, buffer zones and nondisturbance areas. shown on any recorded subdivision plat of the Properties is strictly prohibited. Landscaping in these areas is subject to removal in the reasonable discretion of Declarant and/or City in the ordinary course of maintenance of these areas. Any landscaping permitted shall be installed in conformance with Article 9 herein. All persons entitled to exercise these easements shall use reasonable care in, and repair any damage resulting from the intentional exercise of such easements. (c) Declarant reserves unto itself the right, in the exercise of its sole discretion, upon the request of any Person holding, or intending to hold, an interest in the Properties, or at any other time, (i) to release all or any portion of the Properties from the burden, effect, and encumbrance of any of the easements granted or reserved under this Section, or (ii) to define the limits of any such easements. 11.6. Easements to Serve Additional Property. The Declarant hereby reserves for itself and its duly authorized agents, representatives, and employees, successors, assigns, licensees, and mortgagees, an easement over the Common Area for the purposes of enjoyment, use, access, and development of the -29- property described in Exhibit B, whether or not such property is made subject to this Declaration. This easement includes, but is not limited to, a right of ingress`. and egress over the Common Area for construction of roads and for connecting and installing utilities and improvements on such property. In addition, Declarant reserves the non-exclusive right and power to grant such specific easements as may be necessary, in the sole discretion of Declarant, in connection with the orderly development of any property described on Exhibit A or Exhibit B. 11.7. Easement for Right of Entry. The Association shall have the right, but not the obligation, to enter upon any Unit for emergency, security, and safety reasons, to perform maintenance pursuant to Article 5 hereof, and to inspect for the purpose of ensuring compliance with this Declaration, any Supplemental Declaration, By -Laws, and rules. Such right may be exercised by any member of the Board, the Association's officers, agents, employees, and managers, members of the ARB pursuant to Article 9, and all police officers, fire fighters, ambulance personnel, and shnilar emergency personnel in the performance of their duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to and permission from the Owner. The Association may also enter a Unit to abate or remove, using such measures as may be reasonably necessary, any structure, thing or condition which violates the Declaration, any Supplemental Declaration, the By -Laws, the Design Guidelines, or the rules. All costs incurred, including reasonable attorneys' fees, may be assessed against the Owner as a Specific Assessment. This easement includes the right to enter any Unit to cure any condition which may increase the risk of fire, immediate danger of personal injury or other hazard if an Owner fails or refuses to cure the condition with a reasonable time after request by the Board, but shall not authorize entry into any dwelling without permission of the Owner, except as set forth herein for emergencies. 11.8.sa ement for Lateral Suppe. Every portion of the Common Area, every Unit, and any improvement which contributes to the lateral support of another portion of the Common Area or of another Unit shall be burdened with an easement for lateral support, and each shall also have the right to lateral support which shall be appurtenant to and pass with title to such property. 11.9. Easement for Special Events. Declarant hereby reserves for itself, its successors, assigns and designees a perpetual, non-exclusive easement over the Common Area for the purpose of conducting educational, cultural, entertainment, or sporting events, and other activities of general community interest, including without limitation the Tour of Homes, at such locations and times as Declarant, in its sole discretion, deems appropriate. Each Owner, by accepting a deed or other instrument conveying any interest in a Unit, acknowledges and agrees that the exercise of this easement may result in a temporary increase in traffic, noise, gathering of crowds, and related inconveniences, and each Owner agrees on behalf of itself and the occupants of its Unit to take no action, legal or otherwise, which would interfere with the exercise of such easement or to recover damages for or as the result of any such activities. 11.10. Liabiliv for Use of Easements. No Owner shall have a claim or cause of action against the Declarant, its successors or assigns, arising out of the exercise or non -exercise of any easement reserved hereunder or shown on any subdivision plat for the Properties, except in cases of willful or wanton misconduct, 11.11. Non -'Merger. Notwithstanding the fact that Declarant is the current owner of the Properties, it is the express intention of Declarant that the easements in Articles 2 and l I herein established for the benefit of cite Properties and Owners shall not merge into the fee simple estate of individual lots conveyed by Declarant or its successor, but that the estates of the Declarant and individual lot owners shall remain as separate and distinct estates. Any conveyance of all or a portion of the Properties shall be subject GDQK 1705PAGE 623.1 -30- BOOK 170 5 PAGE 6 21 to the terms and provisions of this Declaration, regardless of whether the instrument of conveyance refers to this Declaration. 11.12. Qrants. The parties hereby declare that this Declaration, and the easements created hereunder in Articles 2 and I 1 shall be and constitute covenants running with the fee simple estate of the Properties. The grants of easements in this Declaration are independent of any covenants and contractual agreements undertaken by the parties in this Declaration and a breach by either party of any such covenants or contractual agreements shall not cause or result in a forfeiture or reversion of the easements granted in this Declaration. ' Article 12. MORTGAGEE iPRO'VISIONS The following provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Units in the Properties. The provisions of this Article apply to both this Declaration and to the By -Laws, notwithstanding any other provisions contained therein. 12.1. Notices of ActiQn. An institutional holder, insurer, or guarantor of a first Mortgage who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the street address of the Unit to which its Mortgage relates, thereby becoming an "Eligible Holder"), will be entitled to timely written notice of. (a) Any condemnation loss or any casualty loss which affects a material portion of the Properties or which affects any Unit on which there is a first Mortgage held, insured, or guaranteed by such Eligible Holder, (b) Any delinquency in the payment of assessments or charges owed by a Unit subject to the ,Mortgage of such Eligible Holder, where such delinquency has continued for a period of sixty (60) days, or any other violation of the Declaration or By -Laws relating to such Unit or the Owner or Occupant which is not cured within sixty (60) days; (c) Any lapse, cancellation, or material modification of any insurance policy maintained by the Association; or (d) Any proposed action which would require the consent of a specified percentage of Eligible Holders. 12.2. Special FHLM Pr vi ' . So long as required by die Federal Home Loan Mortgage Corporation, the following provisions apply in addition to and not in lieu of the foregoing. Unless at least sixty-seven (67%) of the first Mortgagees or Members representing at least sixty-seven (67%) of the total Association vote consent, the Association shall not: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer all or any portion of the real property comprising the Common Area which the Association owns, directly or indirectly (neither die conveyance of property in accordance with Section 4.3 nor the granting of easements for utilities or other similar purposes consistent with the intended use of the Common Area shall be deemed a transfer within the meaning of this paragraph); -31- (b) Change the method of determining the obligations, assessments, dues, or other charges which may be levied against an Owner of a Unit; •� (c) By act or omission change, waive, or abandon any scheme of regulations or enforcement pertaining to architectural design, exterior appearance or maintenance of Units and the Common Area (the issuance and amendment of Design Guidelines, architectural standards, procedures, rules and regulations, or use restrictions shall not constitute a change, waiver, or abandonment within the meaning of this provision); (d) Fail to maintain insurance, as required by this Declaration; or (e) Use hazard insurance proceeds for any Common Area losses for other than the repair, replacement, or reconstruction of such property. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area and may pay overdue premiums on casualty insurance policies or secure new casualty insurance coverage upon the lapse of an Association policy, and first Mortgagees making such payments shall be entitled to immediate reimbursement from the Association. 12.3. No Priority. No provision 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 distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Area. 12.4. Notice to A55ciatigu. Upon request, each Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Unit. 12.5. Construction of Article 12. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, By -Laws, or Georgia law for any of the acts set out in this Article. 12.6. Failure ofytortgagee 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 does not receive a written response from the Mortgagee within thirty (30) days of the date of the Association's request, provided such request is delivered to the Mortgagee by certified or registered mail, return receipt requested. Article 13. DECLARANT'S RIGHTS 13.1. Transfer to Association. Any or all of the special rights and obligations of the Declarant set forth in this Declaration or the By -Laws may be transferred or assigned in whole or in part to other Persons, provided that the transfer shall not reduce an obligation nor enlarge a right beyond that which the Declarant has under this Declaration or the By -Laws. No such transfer or assignment shall be effective unless it is in a written instrument signed by the Declarant and duly recorded in the Public Records. 13.2. Development. ent. The Declarant and Builders authorized by Declarant may maintain and carry on upon portions of the Properties such facilities and activities as, in the sole opinion of the Declarant, may BOOK 1.7 0 .� pAGE 6"91 `' - 32 - BOOK 1705PA6E fiat be reasonably required, convenient, or incidental to the development of the Properties, and/or construction or sale of Units, including, but not limited to, business offices, signs, model homes, and sales offices. The Declarant and authorized Builders shall have easements for access to and use of such facilities. 13.3. Imp o�_.vements-W Common area. The Declarant and its employees,agents and designees shall also have a right and easement over and upon all die Common Area as it deems appropriate in its sole discretion. 13.4. Additional Declaratio s. No Person shall record any declaration of covenants, conditions and restrictions, declaration of easements or similar instrument affecting any portion of the Properties without Declarant's review and written consent. Any attempted recordation without such consent shall result in such instrument being void and of no force and effect unless subsequently approved by written consent sigr e'd by the Declarant and recorded in the Public Records. 13.5. Amendments. Notwithstanding any contrary provision of this Declaration, no amendment to or modification of any use restrictions, rules or Design Guidelines made after termination of the Class "B" Control Period shall be effective without prior notice to and the written consent of Declarant so long as the Declarant owns any property which is subject to this Declaration or which Declarant may unilaterally subject tot the Declaration. This Article may not be amended without the written consent of the Declarant. The rights contained in this Article shall terminate upon the earlier of (a) twenty (20) years from the date this Declaration is recorded, or (b) upon recording by Declarant of a written statement that all sales activity has ceased. Article 14. GENERAL PROVISIONS 11.1. Duration. (a) Unless terminated as provided in this Section or unless otherwise limited by Georgia law, this Declaration shall have perpetual duration. If Georgia law hereafter limits the period during which covenants may run with the land, then, unless terminated as provided herein or, if such termination method is not consistent with Georgia law, in such other manner as required by Georgia law, this Declaration shall automatically be extended at die expiration of such period for successive periods of twenty (20) years each. Notwithstanding the above, if any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now living descendants of Elizabeth II, Queen of England. (b) Unless otherwise provided by Georgia law, this Declaration may be terminated within the first twenty (20) years after the date of recording by an instrument signed by Owners of at least ninety percent (90%) of the total Units within the Properties, which instrument is recorded in the Public Records; provided, however, regardless of the provisions of Georgia law, this Declaration may not be terminated without the prior written consent of the Declarant so long as the Declarant owns any property which is subject to this Declaration or which the Declarant may unilaterally subject to this Declaration. After twenty (20) years from the date of recording, this Declaration may be terminated only by an instrument signed by Owners owning at least fifty-one percent (51 %) of the Units and constituting at least fifty-one percent (51 %) of the total number of Owners, and by the Declarant, if the Declarant owns any portion of the Properties, which instrument complies with the requirements of O.C,G.A. §44-5-60(d) and is recorded in - 33 - the Public Records. Nothing in this Section shall be construed to permit termination of any easement created in this Declaration without the consent of the holder of such easement. 14.2. Amendment. �- (a) By Declarant. Until termination of the Class "B" Membership, Declarant may unilaterally amend this Declaration for any purpose. Thereafter, the Declarant may unilaterally amend this Declaration at any time and from gime to time if such amendment is necessary (i) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination; (ii) to enable any reputable title insurance company to issue title insurance coverage on the Units; (iii) to enable any institutional or governmental lender, purchaser, insurer or guarantor of Mortgage loans, including for example, the Department of Veterans Affairs, the Federal Housing Administration, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, to make, purchase, insure or guarantee Mortgage loans on the Units; or (iv) to satisfy the requirements of any local, state or federal governmental agency. However, any such amendment shall not adversely affect the title to any Unit unless the Owner shall consent in writing. In addition, so long as the Declarant owns property which is subject to this Declaration or which Declarant may unilaterally subject to this Declaration, it may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse effect upon any right of any Owner. (b) By the Board. The Board shall be authorized to amend this Declaration without the consent of the Members for the purpose of submitting the Properties to the Georgia Property Owners' Association Act, O.C.G.A. §44-3-220, et sect. (1994) and conforming this Declaration to any mandatory provisions thereof. Any such amendments shall require the written consent of the Declarant, so long as the Declarant owns any property which is subject to this Declaration, or which Declarant may unilaterally subject to this Declaration. (c) By Members. Except as otherwise specifically provided above and elsewhere in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Members holding at least sixty-seven percent (67%) of the total Class "A" votes in the Association, including sixty-seven percent (67%) of the Class "A" votes held by Members other than the Declarant, and the consent of the Declarant, so long as the Declarant owns any property which is subject to this Declaration, or which Declarant may unilaterally subject to this Declaration. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. (d) Validity and Effective Date. Any amendment to the Declaration shall become effective upon recording in the Public Records, unless a later effective date is specified in the amendment. Any procedural challenge to an amendment must be made within six months of its recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of chis Declaration. No amendment may remove, revoke, or modify any right or privilege of the Declarant or the Class "B" Member without the written consent of the Declarant, the Class "i3" Member, or the assignee of such right or privilege. If an Owner consents to any amendment to this Declaration or the By -Laws, it will be conclusively presumed that such Owner has the authority to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. 800( 1705PAGE 643r - 34 BOOK 170SPA6E 6020 14.3. Sever b' 'tv. Invalidation of any provision of this Declaration, in whole or in part, or any application of a provision of this Declaration by judgment or court order shall in no way affect other provisions or applications. w 14.4. Alternative DisT)Ute Resolution. It is the intent of the Association and the Declarant to encourage the amicable resolution of disputes involving the Properties and to avoid the emotional and financial costs of litigation if at all possible. Accordingly, the Association, the Declarant and each Owner covenants and agrees that it shall attempt to resolve all claims, grievances or disputes involving the Properties, including, without 11mitztion, claims, grievances or disputes arising out of or relating to the interpretation, application or enforcement of this Declaration, the By -Laws, the Association rules, or the Articles through alternative dispute resolution methods, such as mediation and arbitration. To foster the amicable resolution of disputes, the Board may adopt alternative dispute resolution procedures. Participation in alternative dispute resolution procedures shall be voluntary and confidential. Should either party conclude that such discussions have become unproductive or unwarranted, then the parties may proceed with litigation. 14.5. Litigation, Except as provided below, no judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by a vote of Members holding seventy-five percent (757o) of the total Class "A" votes in the Association. This Section shall not apply, however, to (a) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens); (b) the imposition and collection of assessments as provided in Article $; (c) proceedings involving challenges to ad va r taxation; (d) counterclaims brought by the Association in proceedings instituted against it; or (e) actions brought by the Association against any contractor, vendor, or supplier of goods and services arising out of a contract for services or supplies. This Section shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. 14.6. Cumulative Effect: Conflict. Ile provisions of this Declaration shall be cumulative with the provisions of any applicable Supplemental Declaration. The Association shall have the standing and authority to enforce the provisions of any Supplemental Declaration. 14.7, Use of the Words "Kedron tsstateS". No Person shall use the words ";Kedron Estates," in any printed or promotional material without the Declarant's prior written consent. However, Owners may use die words "Kedron Estatcr " in printed or promotional matter where such terms are used solely to specify that particular property is located within the Kedron Estates development and the Association shall be entitled to use the words " Kedron 1'sstates in its name. 14.8. Complince. Every Owner and occupant of any Unit shall comply with this Declaration, any applicable Supplemental Declaration, the By -Laws, and the Association rules. Failure to comply shall be grounds for an action by the Association or by any aggrieved Unit Owner(s) to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, in addition to those enforcement powers granted to the Association in Section 4.4. 14.9. Notice of Sale or Transfer of Title. Any Owner desiring to sell or otherwise transfer title to his or her Unit shall give the Board at least seven (7) days' prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board may reasonably require. The transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Unit, including assessment obligations, until the date upon which such notice is received by the Board, notwithstanding the transfer of title. -35 - 14.11 Exhibits. Exhibit A, Exhibit B, and Exhibit_ C attached to this Declaration are incorporated by this reference. Amendment of Exhibit A and Exhibit B shall be governed by the provisions of Section 14.2. All other exhibits are attached for informational purposes and may be amended a provided therein or in the provisions of this Declaration which refer to such exhibits. IN TNESS WHEREOF, the Declarant has executed this Declaration under seal, this o Q day of ,2061 Signed, sealed, and delivered in the prescoce of: WITNESS DECLARANT: Hyland Developers, Inc., a Georgia corporation k;"-?1)vs -36- By: _ z- mmy Ilalligan, President :5: •.: r71r.. r [AFFIX COMPANY fy►i �,�"::_� N". r BOOK 17 0 5 PAGE � �� BOOK i 7 ©5 PAGE 63S AMENDED & RESTATED EXHIBIT A Land Initially Submitted All that certain tract or parcel of land lying in Land Lot 90 of the 70' District, Fayette County, Georgia, comprising approximately 37.15 acres as shown and depicted on a plat of survey captioned "Final Plat of Kedron Estates" dated November 29, 2000 prepared for Hyland Developers, Inc. by integrated Science & Engineers (bearing the seal of George White RLS 1929 filed and recorded in Plat Book 3' , pages ._Z1 22 2?Fayette County, Georgia Records, which plat is incorporated herein by this reference and made a part of this description. LESS AND EXCEPT any streets, rights-of-way, alleys, cart paths, water courses, drains, easements, greenbelts and public places dedicated on the above referenced plat to the City of Peachtree City, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEDRON ESTATES COMMUNITY ASSOCIATION, INC. The following AR architectural guidelines (the "Architectural Guidelines") which govern the design, construction and landscaping of all homes in Kedron Estates Community (the "Community"). The Architectural Review Board (the "ARB), which as of the date hereof consists of Mr. Jimmy Halligan, Mr. Kenny Johnson, and Mr. Richard Simms will administer these guidelines and the Declaration of Covenants and Restrictions for Kedron Estates Community (the "Declaration") which is supplemental to these guidelines and is incorporated herein by this reference. All required submittals shall be approved by the ARB prior to commencing any clearing, grading, excavation and/or construction o the lot (s). The approvals required herein shall be granted or withheld by the ARB solely on the basis of the determination of the ARB as to whether a request for approval complies with these guidelines and the Declaration. In order to facilitate and expedite the approval process, any party (a "Builder") planning the construction of a home or landscaping or performing any other work on any Homesite (a "Homesite") in the community should review these guidelines in conjunction with such planning and consult with the ARB with regard to the provisions of the guidelines and/or the Declaration prior to the commencement of construction. Upon the completion of construction and the sale of the property to a resident homeowner (the "Homeowner") these guidelines shall continue to be applicable to any changes or modification made by the Homeowner to the improvement and the landscaping on the Homesite. The intended purpose of these guidelines is to assure that all dwellings, other buildings_and landscaping constructed, erected, placed or installed in the Community shalt be substantially the same in terms of quality of workmanship, materials and appearance. *Special Note: The builder's attention is also drawn to the Peachtree City Erosion \Control Ordinance governing, among other things, the use an protection of buffer areas, as well as the requirements for Homesites adjacent to streams, ponds, lakes, etc. I. RESIDENTIAL DWELLINGS I . Square Footage The total heated living area of the main residential Structure for a ranch shall not have less than 2,200 square feet and for a two story shall not have less than 2,400 square feet. The enclosed, heated living areas are exclusive, except where otherwise permitted, of garages, porches, unfinished "bonus" areas and basements at he time of the sale of such Homesite by the Builder to a Homeowner. BOOK 1705ME 6140 2. Height. The main residential Structure on any Homesite shall not exceed three stories in height above grade as viewed from street level. 3. Residence Qfi-entation:&-mer Honieai m Where corner Homesites allow for the orientation of the main residential dwellings to be corner oriented, such orientation shall be allowed with ARB approval. II. -GAR8QES AND DRIVEWAYS 1. Height, All Homes shall be constructed with garages, and, if detached from the main house Structure, shall not exceed 25 feet in height measured from the paved parking pad to the apex of the roof. 2. S-Lzje. No garages shall be constructed on any Homesite of a size less than is necessary for the housing of two standard size (7' x 20') automobiles or for more than three standard size automobiles. Exception: Allowance is provided for golf cart storage within garage. 3. Garage Orientation. Garages shall open to the side unless an exception is approved by the ARB for a Homesite for reasons related to topography, trees or building lines. Such exception must be requested when plans and specifications for any garage are submitted for approval. 4. image-DQQrs. All garage doors shall be equipped with electric actuators. Garage doors shall be coordinated with all Structures on the Homesite and materials and colors for such doors shall be specified on the plans and specifications submitted to the ARB for approval. 5. Driveways. Driveways shall be constructed to take best advantage of existing trees, topography and landscape planning. Where possible, driveways should be curvilinear. 6. Corner Homesite Drivpways. All driveways on corner Homesites shall be located away from the corner. 7. Materials. Driveways must be paved with concrete, brick, exposed concrete aggregate or stamped concrete. 8. Eaish+na. All concrete driveways shall have a light broom finish unless a similar texture is provided by stamped or exposed aggregate concrete, and joints shall be provided to control surface cracking. 9. Width. Driveways shall be a minimum of 10 feet and maximum of 16 feet in width as measured at the street "right-of-way" line. Private golf cart paths shall be a maximum of 6 feet in width and are subject to ARB approval. SITE_PLANNING AND LANDSCAPING Whenever possible, the landscape setting in this residential development shall retain existing natural features and native plant materials. Rock out- croppings, stands of mature hardwoods and significant vistas are several of the existing characteristics. Where changes to the existing terrain or removal of ot1WPNMAI' fL ALUtlIsIA1M5.WIID 2 existing vegetation is necessary, the site will be regraded to blend with adjoining slopes and replanted with species indigenous to the area. Limited use of non - indigenous plant materials for ornamental purposes may be appropriate but is subject to review. In an effort to minimize erosion and destruction of this environment, site grading plans must be submitted for review and approval prior to issuance of a development permit. Proposed grading and excavation must be staked out or similarly indicated, reviewed and approved by the ARB prior to commencement of any site work. 1. Site. Planning and Desian. All Structures with related improvements, paved and open areas, shall be located on each Homesite to: (a) Minimize changes in existing topography (b) Preserve existing trees and vegetation to the maximum extent possible (c) Control drainage and prevent erosion , (d) Create prime views and conceal unsightly areas 2, Landscape Plan. Homesites in the community shall have specific minimum requirements for planted and lawn areas. In general, shrubs shall be set at a proper spacing so as to give a full and mature appearance after two growing seasons. Homesites with side or rear yards visible from cart paths shall have these side and rear yards landscaped to the same minimums as "front" yards. Corner Homesites shall be considered as having two "front" yards. Prior to the installation of any landscaping or removal of existing vegetation, except as provided in Section IV of these guidelines, a landscape plan shall be submitted to the ARB for approval. Such plan shall be drawn to scale and shall, as a minimum, contain the following information: (a) The names of the Community, Builder or Homeowner, the landscape architect or person preparing the plan and the homesite number (b) Location of tree save areas and sodded areas (c) Location of areas to be landscaped and indication of the type, number and size of trees and shrubs to be used (d) Location of driveways, walks, retaining walls and all other improvements 3. Trenched Areas. All trenched areas shall be filled and compacted so as to remain level with land adjacent to such areas. 4. Tree Removal No pine trees having a diameter of six (6) inches or greater (measured four (4) feet above ground level) and no hardwood trees greater than six feet in height may be removed without prior written approval or as provided herein. Tree removal shall be selective, replacing less desirable or valuable trees with more desirable specimens. 5. Sodding, That portion of the front yards, as a minimum, of any Homesite not landscaped with planting beds or left in a natural wooded setting shall be 100% sodded with Bermuda, Emerald Green zoysia, or Centipede sod. No fescue will be allowed. All right-of- ways must be sodded, including the area between the street and any cart path where applicable. 3 BOOK 1 7 0 5 PAGE 641 BOOK 1705PAGE 6412 6. J 5lands. Mulched islands around existing trees are desirable and recommended, however, overuse of mulched islands can detract from the overall landscaped effect. There shall be special limitations and requirements for the size of newly created islands and the types of planting within. Gravel or stone is not an acceptable ground cover, islands around existing trees in front yards shall have ground cover or shrubs planted to cover a minimum area as required by the ARB. Islands having no naturally occurring trees shall have at least one tree per 400 square feet of area and ground cover or shrubs planted to cover at least one-third of the total island area. 7. Undeveloped Homesites Each builder shall be responsible for the maintenance of his/her undeveloped lots in the community including, but not limited to, the removal of windblown or damaged trees, trash pick-up, and construction debris as needed or as required by the ARB. IV, BUILDING E,6D, (NEARING AND STAK)N(3 1 . Concurrent with approval by the ARB of plans and specifications for any Structure and prior to the commencement of any construction or grading on the Homesite for which such plans and specifications were approved, the location of such Structure shall be clearly marked on such Homesite. After such marking, the Owner or the Owner's contractor shall request that a representative of the ARB inspect the proposed location of the Structure as marked on the Homesite to determine whether such location is consistent with the guidelines for location of buildings contained in these Architectural Guidelines. After receipt of such request, the ARB shall inspect the proposed location of the Structure as marked on the Homesite, and notify the Owner in writing of its approval or disapproval of the proposed location of the Structure. In any case in which the ARB shall disapprove the proposed location, or shall approve the same only as modified or upon specified conditions, such disapproval or qualified approval shall be accompanied by a statement of the grounds upon which such action was based. In any such case the ARB shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable location may be marked and submitted for approval. In no event shall the Builder or Homeowner allow any grading or cutting of trees on the Homesite prior to approval of the proposed location by the ARB and receipt of a Development Permit. 2. There shall be no clearing in excess of twelve (12) feet beyond the building pad or three (3) feet beyond the driveway without the prior written approval of the ARB. a] 3. Notwithstanding the foregoing, the clearing of the rear portion of any Homesite up to a maximum of thirty (30) feet from the main plane of the largest portion of the rear of the primary residential Structure is allowed to provide for sufficient area for a rear yard. Clearing beyond the thirty (30) foot limit requires written approval of the ARB. The Builder's attention is also drawn to the Peachtree City Erosion Control Ordinance governing, among other things, the use and protection of buffer areas, as well as the requirements for Homesites adjacent to streams, ponds, lakes, etc., 4. For conditions relative to the removal of trees see Section III. 5. During approved construction, all vehicles in any way connected with such construction shall enter the Homesite or Homesites under construction only by the driveway as approved in the plans and specifications by the ARB. In no event shall any driveways other than those approved by the ARB be constructed or used for temporary access to any Homesite. All vehicles shall be parked at Homesite so as to avoid damage to trees, paving, curbs, gutters and any other improvements on the Homesite. 6. Construction debris shall be removed as often as necessary to keep the Homesite and any Structure thereon attractive. Construction debris shall not be dumped in any area of the Development unless approved in writing by the ARB, and shall, at no time, be dumped on any undeveloped lot within the Development. 7. Homesites shall be graded in such a manner so as not to block any natural or manmade swales, ditches or drainage Structures. Earth and hay berms shall be installed on Homesites by the Builder or Homeowner thereof when, in the opinion of the ARB, such Homesite may erode due to topography. Whenever possible, Homesites shall drain independently rather than to adjoining Homesites. Builder or Homeowner shall be held responsible for any damage caused to streams, ponds lakes, or adjoining homesite(s) by erosion. M 1. Set Back Lines. No building or other Structures, except as herein identified, shall be located on any Homesite in the Community nearer to the front Homesite line than fifty (50) feet nor nearer to the side Homesite line than fifteen (15) feet and no nearer to the rear Homesite line than thirty (30) feet. With the exception of allowances for fences, no other improvements (pools, decks, etc.) shall be located on any Homesite in the Community nearer than ten (10) feet to the side or twenty (20) feet to the rear property line. 2, Retaining Walla. The main Structure shall be located on the site to de-emphasize any retaining walls and to prevent their excessive use on uphill lots for door or garage openings on the rear or side elevations. Estimated heights, locations and finish materials of all retaining walls must be noted on the site or landscape plan and are subject to approval by the ARB. Finish materials may 5 BOOK 1705PAGE 643 BOOK 1705' PAGE 644 include masonry and treated wood, and must complement and be compatible with the main Structure. VI. 1. Siam: Generally. No signs shall be permitted on any Homesite in the Community except as provided herein. 2. Sign Design. On individual single family Homesites as to which permits have been issued by the City of Peachtree City, one sign measuring 28 inches x 42 inches of the design specified by the ARB may be place on each Homesite. builder and Realtor signs are to be attached to this sign in the appropriate places and the permits from the City of Peachtree City shall be inserted into the plastic sleeves as indicated. 3. - With regard to contract or pre -sold houses, the Builder may display on the sign referred to in Item 2 above an indication that any such house has been "pre -sold". or is "under contract". 4. Model Houses. With regard to model houses that have been approved by the ARB, the Builder may display a sign on a Homesite upon which a completely constructed and landscaped model house has been erected indicating such house represents that Builder's model product for the Community. Such sign shall not exceed twenty (20) square feet in area and shall be professionally fabricated and installed. Prior to installation of said signage, the proposed design, size and format, materials and colors shall be submitted to the ARB for approval. The approved sign may be installed but shall replace any signage provided for in VI -2 of these guidelines. 5. Curage Sales, etc. Signs pertaining to garage sales, legal proceedings, political campaigns, "for sale" or "for rent" signs, which do not exceed a four (4) square feet area, are allowed without approval required; provided however, no more than three (3) signs will be placed concurrently on any one Homesite. No signs may be placed on the common property of the entrance area to the development. 6. Number, No more than one sign shall be placed on any Homesite, except as provided herein. M 1. Multi -fronted Hornesites. The side and rear elevations of the improvements constructed on all multiple fronted Homesites in the Community (greenbelt, cart path or corner Homesites) shall receive as mucti attention to design and detail as to the front elevation of such improvements and may have additional requirements. 2 1. 8pproval. Requests for the approval of exterior colors or materials must be presented in such a manner that the ARB can determine how the color or material will appear on the substrate or Structure to which it is to be applied. 2. ExYvr(Qr Colors, and Materials. All exterior colors and materials of all Structures shall be specified in the plans and specifications submitted to the ARB for approval and shall be subject to the color and material guidelines contained in these Architectural Guidelines. 3. Changes In Colors,,,,and MaterialsNo Homeowner or Builder shall change the exterior colors or materials of any residence or garage without the prior written approval of the ARB. Changes in color to the interior of screened porches, patios and similar portions of any dwelling visible from outside the structures shall be subject to ARB approval. 4. Materials and Colors Guidelines, A. Materials. (1) A minimum number of exterior materials shall be used on Structures to avoid a cluttered appearance. Where two materials are used (in addition to glass), one shall be dominant. (2) Secondary materials, when used, shall complement the dominant material in texture and color. (3) Acceptable materials include: (a) Natural wood siding, trimwork, and detailing (b) Brick, stone and stucco (c) Natural cedar shakes or shingles (d) Fiberglass/asphalt shingles (e) Wood or vinyl garage doors of simple design (f) A higher grade or quality of vinyl siding, trimwork and detailing may be allowed with special approval by the ARB. (4) Unacceptable materials include: (a) Color coatings which simulate natural materials (b) Unnatural tones of brick and stone (c) Visible mill (silver) finish and aluminum flashing (d) Unfinished standard concrete masonry units (block) (5) The exterior materials of all Structures on all Homesites shall be harmonious and complementary. B. loM- (1) The exterior colors of the walls and roof of all Structure shall be compatible and harmonious with the colors of nearby Structures. Highly reflective and neon colors shall be avoided. (2) A minimum number of exterior colors shall be used. When more than one color is used, one shall be clearly dominant. (3) Secondary colors shall be compatible with the dominant colors and shall be limited to architectural details such as fascia frames and other building trim. 7 BOOK 17 0 � PAGE r 4 Ii BOOK 17 05- PAGE f 4 G (4) High contrast colors shall be limited to architectural elements such as entry doors and shutters. (5) The colors of exterior walls of adjacent single-family residential Structures shall not be the same. (6) The natural color of brick and stone shall not be altered with paint or stain. IX. RODFS 1. Roof,Pitches. The minimum allowable roof pitch shall be 8/12 on the primary roof and front facing gables with the exception of a roof garden or deck, or as herein provided herein. The minimum allowable pitch for other roof configurations shall be 6/12. . 2. Shed-ly e Roof. Shed -type roofs having an area in excess of sixty (60) square feet of maximum roof area are prohibited, unless in the opinion of the ARB, this roof type represents a significant architectural element in the house design. 3. Roofing Materials. Roof materials may be standing or batten seam metal, copper, metal shingles, clay tile, slate, concrete tile, fiberglass/asphalt shingles or similar roofing material. 4. Boof Surfaces. Large expanses of roof shall be broken up with dormers or other elements significant to the house design as required by the ARB. 5. C.Dlors. Roof material colors shall be of dark brown, black, charcoal and similar hues. Metal roof materials shall be also limited to these colors, natural tones or copper tones. Mill or "silver/aluminum" type finishes are unacceptable. 1 . Stack Vents: etc. All stack vents, at ventilators, and similar roof penetrations shall be located on the rear slope of the roof in such a manner so that they cannot be viewed from the street on which the main residential dwelling fronts. 2. Roof Accessories. All exposed roof accessories including, without limitation, stack vents, roof flashings, attic ventilators, metal chimney caps, and skylight curbs shall match the color of the roofing material or shall be of a compatible color. VENEER MATERIAL U�jA_aE 1 . Foundation Materials. All foundations must be of Masonry or masonry veneer construction. 2. Foundation Exposure. Not more than eight (8) inches of any concrete or concrete masonry unit may be exposed to view from any street or golf cart path. This eight (8) inch section must be painted to match exterior house color down to grade. 8 3. Wall Coverage. A material covering 60% or more of the front elevation shall be considered to be the dominant wall material. If masonry is used as the dominant material on the front, it shall wrap the corner a minimum of 24". Secondary wall materials, when used on the front, shall wrap the corner a minimum of 24" or as determined by the design. If the corner plane is five (5) feet deep or less, this secondary material shall wrap all the way back to the next perpendicular plane. 4. Limitations To promote better variety in the street scape the dominant exterior veneer materials shall not be repeated more than three times in a row. 5. Masonry Defined. Masonry, as used herein, shall include brick, brick veneer, stone, stone veneer, glass block, stucco or other masonry type construction or a combination thereof. 6. Stucco, Stucco exteriors must be adorned with quoins, shutters, detailed trimwork, etc. or have a secondary wall or foundation material such as brick or stone. 1. Mated als• All fireplace chimneys on the front and side elevations shall be of masonry or masonry veneer. Interior fireplace chimneys or those located on the rear elevation may be of siding. 2. Sus coded Chimn .vS. All fireplace chimneys shall be continuous from elevation grade to chimney cap. A painted metal shroud -type cap shall be installed on all chimneys. 10111 No antenna for transmission or reception of television or radio signal in excess of 12=feet in height above the roof line of a structure shall be erected, used or maintained where visible from any adjoining property unless approved by the ARB. Satellite dishes having overall dimensions of more than 39 -inches in diameter are prohibited. Satellite dishes of less than 39 inches in diameter are permissible so long as they are installed in accordance with the approval of the ARB. WINDOWS DOORS AND SCREENS 1. Material & Tye. Windows shall be of wood unless otherwise approve by the ARB. Exterior doors shall be of wood or metal and are subject to approval. 2. Mill -finish Aluminum. Windows, screens, sliding glass doors and aluminum frames for fixed glass (such as storm windows) with a silver "mill -finish" appearance are prohibited. 9 BooK 17 0 5PAGE 64 1 BooK 1705PAGE 64-S 3. Tinted Glass. Tinted window glazing is permitted, however, reflecting glazing is not. 4. Exception*, Solarium window units may be bronzed anodized or white aluminum if not visible from the street. leaded, beveled, or similar type glass in wood frame is acceptable. 5. Window Treatments. All window treatments must be of a neutral or white color on the side exposed to view from the exterior of the house. XV, DISBURSEMENT OF HQUSING STYLES Residences having same or similar floor plans and front elevations shall have an eight (8) homesite separation, minimum unless otherwise approved by ARB. Residences having same or similar floor plans but different front elevations shall have a four (4) homesite separation, minimum unless otherwise approved by ARB. XV1. 1. Temporary Structurea. Construction or Use. With ARB approval, a Builder who is constructing a residential dwelling on a homesite may during the period of construction of such dwelling, erect, place or maintain on a Homesite facilities which may include model houses, signs, portable toilet facilities and constuction refuse dumpsters and sales trailers. XVII. ACCESSORY BUIL12INGS 1. Acces�my Buildings No accessory, building Structures may be placed, erected, moved or maintained on any Homesite in the community except with prior approval of the ARB. Such Structures must be architecturally consistent with the main residential Structure in terms of design, materials and color and is designed, located and constructed to minimize its visual impact within the Community. Additional landscape screening may be required by the ARB based on the visibility of the Structure. 2. Prefabricated Structures. Prefabricated or factory built Structures, including accessory buildings, shall not be permitted within the development, and such manufactured units shall not be employed as elements in the construction of residential Structures affixed to real property within the development except by express written consent of the ARB. XVIII, FENCE QBITERIA 1 . Appreval ReQuired No fence shall be constructed or installed in the H subdivision without written approval of the ARB. 2. Fence Styr and Materials All fences must comply with the following requirements: (a,) I-leiaht. Fences shall be a maximum height of six (6) feet (except as provided herein) on rear and side yards. Fence posts, columns, or decorative elements may be up to twelve 0 2) inches higher than the maximum fence height. The only fences allowed in front yard setbacks are four (4) foot,maximum height of open decorative type such as wood rail or wrought iron. There are no setbacks for fences. They can be installed on the property lines. (b.) Walls, privacy Structures and courtyard enclosures shall be limited to a maximum height of ten (10) feet and must be constructed, installed, and maintained in such a manner that they are architecturally compatible in terms of design, materials and color with the main residential Structure on the lot and comply with all building set back lines. (c.) Design; (1) Street - Lots which have a rear or side line fronting on a street, or a greenbelt adjacent to a street, may be a decorative wood fence or other material of solid or open design to provide for privacy. In the event existing vegetation does not, in the opinion of the ARB, adequately screen the fence from street view, additional planting shall be required. (2) Front Yard - The only fence allowed between the front of a house and the street is a maximum four (4) feet high open decorative fence of a material such as wood rail, wrought iron, or aluminum without any wire backing. 3. At the sole discretion of the ARB, additional planting may be required as a condition to the installation of fences with respect to lot lines adjacent to streets, or greenbelts with pedestrian paths. 4. prohibited No chain link fence (except in conjunction with a tennis court or herein provided), or wire fence (except in conjunction with rail fence as herein provided) of any type is permitted. 5. Tennia CouLl The use of chain Fink fencing surrounding a tennis court is permitted, provided the fence is vinyl coated so as to subdue its appearance and visibly blend with the natural surroundings. The maximum height of fencing surrounding a tennis court shall be ten (10) feet above grade. 6, F.rQui Elevation That portion of the fence facing the front lot line or any street shall be compatible with the main residential Structure in terms of design, color and materials. BOOK 17 0 5PAGE 64'9 BOOK 1705 PAGE 650 XIX. ENERGY GONSE_ RVABO ISE. l IEMENT No solar energy panels, attendant hardware or other similar equipment shall be constructed or installed on the main residential dwelling, the garage or any accessory building. XX. LIGHTING All exterior lighting shall be consistent with the character of the Community and shall be limited to the minimum necessary for safety, identifica€ton, and decoration. The source of lighting shall not be visible from streets and other common areas and no color lens or lamp are permitted. No lighting of tennis courts is permitted and seasonal decorative lighting shall be removed no later than two weeks following the actual holiday. XXI. MAILBQXE$ All mailboxes must be a black standard U.S. Postal Office mailbox, size 1 %. All mailboxes must be mounted on the standard post as approved by the ARB. No variances from this standard will be approved by the ARB. XXII. SWIMMING_pQOLS 1 . No above -ground swimming pools shall be permitted. 2. Construction of in -ground swimming pools, including decks or paved areas surrounding any such pool, shall require ARB approval and shall comply with all safety requirements promulgated by any governmental authority, state or municipal, having jurisdiction over such matters. 3. No swimming pool or the amenities associated therewith shall be located nearer than twenty (20) feet to a rear property line or ten (10) feet to a side property line. XXIII. RECREATIONAL VEHICLES AND TBAILEBS No trailer, trailer house, camper, boat or recreational vehicle shall be parked on any Homesite, except within enclosures erected in accordance with plans and specifications submitted to and approved by the ARB. In addition, no automobile, truck, or other motorized vehicle may be kept outside a garage unless such vehicle has an up-to-date registration and may be parked on the street only temporarily and for a limited amount of time. The parking of vehicles on any portion of the lawn is prohibited. 12 XXIV. Unless approved by the ARB, no decorative or recreational appurtenances including, without limitation, decorative embellishments, sculptures, flagpoles, trampolines, basketball goals, skateboard ramps, tree houses, play houses, or swing sets, shall be placed on front lawns or on any area that is visible from any street. XXV. AIR CONDITIONIUG UNITS Except as may be specifically approved by the ARB, no window air conditioning units may be installed. XXVI. SUBMISSIOU AND APPROVAL 1. No clearing, grading, or other construction shall commence on any Homesite nor shall any existing Structure upon any Homesite be altered in any way which materially changes the exterior appearance of the Structure or Homesite, unless plans and specifications therefor shall have been submitted to and approved in writing by the ARB. Two sets of plans and specifications shall be submitted and shall contain such information as may be reasonably required by the ARB in the Architectural Guidelines, including, without being limited to: (a) A site plan showing the location of all proposed and existing Structures on the Homesite (b) A clearing plan, if proposed clearing exceeds that allowed by Section IV of these Guidelines (c) A foundation plan with the correct basement, slab or crawl space indicated (d) All completed floor plans with heated square footage indicated (e) Exterior elevations of all proposed Structures and alterations to existing Structures, as such Structures will appear after all backfilling and landscaping are completed (f) Specifications of materials, color scheme, lighting scheme and other details affecting the exterior appearance of all proposed Structures and alterations to existing Structures (g) Landscaping and grading plans with particular attention to drainage & erosion control and including' the location of all retaining walls 2. Concurrent with plans and specifications submittal, the Builder shall clearly mark the location(s) of all Structures proposed to be constructed on the Homesite. Such marking shall be in the form of staking the outermost corners of the proposed improvements, Structures, driveways, turnarounds, etc. As part of the 13 BOO 17 05PAGE 60.1 BOOK 1705PAGE 65 `�. approval process, the ARB shall inspect the proposed location(s) of the improvements as marked on the Homesite to determine whether such location(s) is (are) consistent with the guidelines for locating buildings and other improvements contained in the Architectural Guidelines. 3. Items (f) and (g) of paragraph 1, this section, may be submitted separately but prior to implementation of the construction or improvements covered by said item, 4. flans and specifications shall be either approved or disapproved by the ARB. If the plans and specifications are approved, one set of the plans and specifications will be returned to the Builder on which the approval of the ARB has been noted. Upon ARB approval, the Development Permit will be issued within three to five days of receipt of submittal package. If the plans are disapproved, one set of the plans and specifications will be returned to the Builder with a note from the ARB specifying the basis upon which the disapproval is based and, to the extent possible, advising the Builder of the changes to the plans and specifications or requesting additional information from the Builder, which is required before the plans and specifications can be approved. 5. All plans and specifications required to be submitted to the ARB shall be delivered to the following address: KEDRON ESTATES SALES OF'F'ICE --V 1:40101119JAM The guidelines and the Declaration are an important part of the consideration of Hyland Developers, Inc. in connection with the sale of any Lot or Lots to a Builder and ARB, shall have the right to enforce these guidelines and the Declaration by withholding or revoking permits, or assessing monetary fines against any Builder or Homeowner in violation of these guidelines or the Declaration or by bringing injunctive or other legal action in any court of competent jurisdiction. Such enforcement rights shall be cumulative in nature and Hyland Developers, Inc. shall have the aforesaid rights notwithstanding the fact that it may no longer own any lot or Lots in the Subdivision. Any fines. so imposed and collected shall be retained by the ARB to defray the cost incurred in the enforcement of these Guidelines and the Declaration. 14 AMENDED & RESTATED EXHIBIT' "ll" HIGHLIGHIN QF ARCHITECTURAL GUIDELINES JEOR Kedron Estates The following Guidelines dated this day of_, 2000 are subject to modification by the Architectural Review Board as it deems appropriate. SQUARE FOOTAGE:. 2600 sq fi. minimum for ranch and 2800sq.ft. minimum for two-story. GARAGES: Two -car minimum with garage doors to coordinate with house in color and style. Garages shall open to the side unless an exception is approved by the ARB. LANDSCAPE: Sod is required on all front and side yards not left natural or otherwise landscaped. Special limitations and requirements for newly created islands. UNDEVELOPED HOMESITES:.Each builder shall be responsible for the maintenance of his/her undeveloped lots including the removal of windblown or damaged trees, trash pick-up and construction debris. ROOF PITCHES: 8/12 minimum on primary roof and front facing gables; 6/12 minimum for other roollines. VENEER MATERIAL USAGE: Any material covering 60% or more of the front will be considered the dominant wall material. Secondary accent materials shall wrap a minimum of 24" or as determined by the design. The dominant exterior wall material shall not be repeated more than three houses in a row. CHIMNEYS: Chimneys on front and sides must be masonry while those on rear may be siding, PLAN DISBURSEMENT: Houses having same or similar floor plans and front elevations shall have an eight lot separation. Houses having the same or similar floor plans but different elevations shall have a four lot separation. MAILBOXES: Standard mailboxes shall be mounted on standard posts as approved by the ARB. RECREATIONAL VEHICLES: Must be stored within garage or an enclosure as approved by ARB. om 17Q5PAGE 64 EXHIBIT B BOOK 17 ©5 PAGE 654 Land Subject to Annexation All that tract or parcel of land lying and being within one mile of the outer perimeter boundary of that certain tract or parcel of land known as "Kedron Estates", as more particularly described on Exhibit A hereto.