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Lake KedronUpon recording, please r~tum (o: M. M~.~bte ~Jcks CO~ER, BE:AUC~.~uM~ ~ I KADL£¥ & ~ICK$, LL~ 99 West Paces Fer~ Road, N.W. Afl.tn, Geor~a 30~05 FILED & RECOROED FflYETTE COUNTY, gA. '~ BEC ~ PB 2 36 ¥1.A. BALLARO, cLERK DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR LAKE KEDRON COblbIUNITY ASSOCIATION, INC. TABLe. OF CONTENTS BOOK 1 1 i 0aOE t3 2 t3 ^nlcle 1.1. 1.2. 1.3. 1.4. 1.5. 1.6. 1.7. 1.8. 1.9. 1.10. 1.11. 1.12. 1.13. 1.14. 1.15. 1.16. 1.17. 1.18. 1.19. 1.20. 1.21. 1.22. 1.23. 1.24. 1.25. 1.26 1.27. 1.28. 1.29. 1.30, 1.31. 1.32. 1.33. 1.34. 1.35. 1.36. 1.37. 1.38. 1.39. 1.40. DEFINITIONS ........ ' 1 'ARB' ! 'Area of Common Responsibility" . ............................... 1 'Articles of Incorporation" or "Articles" . ........................... 1 "Association" . ............................................ 2 "Board of DirectOrs" or "Board" ..... ............................. 2 'Builder" . ................................. · . .. 2 "By Laws" "City" . ......................................... . ........ 2 "Class "B" Control Period" "" 2 "Common Area" . .......................................... 2 "Common Expenses" . ....................................... 2 "Community Wide Standard" . .................................. 2 "Covenant to Share Costs" . .................................... 2 "Declarant" . .............................................. 2 "Declaration of Easements" . ................................... 3 "Design Guidelines" . ........................................ 3 "Exclusive Common Area". .................................... 3 "General Assessment" . ....................................... 3 "Governing Documents" . ..................................... 3 "Lake" . ................................................. 3 "Lake Use Restriction" . ...................................... 3 "Majority" . .............................................. 3 "Ivlaster Plan" . ............................................ 3 "Member" . .............................................. 3 "Nlortgage" . .............................................. 3 "Mortgagee" ' 3 "Neighborhood" . ........................................... 3 "Neighborhood Assessments" . .................................. "Neighborhood ExpensesI' . .......... "Owner" . ................................................ "Person". ................................................ 4 "Properties" . ............................................. 4 "Public Records" . .......................................... 4 "Special Assessment" . ....................................... "Specific Assessment" . ....................................... 4 o pplemental Declaration" 4 "The Square". ............................................. 4 "Unit" . ................................................. 4 "Voting Delegate" . ......................................... 5 "Water Quality Facility" . ..................................... Article 2. PROPERTY RIGHTS 2.1. 2.2. 2.3. 2.4. 2.5. Common Area ............................................. 5 Exclusive Common Area ...................................... 6 Lake .................................................... 6 View impairment ........................................... 7 No Partition ............................................... 7 Article Article Article 2.6. Condemnation ............................................. 7 2.7. Actions Requiring Owner Approval ................................ 8 3, MEMBERSHIP thND VOTING RIGHTS ............................. 8 3. I. Membership .............. ~ ........ ' ......................... 8 3.2. Voting ................................................... 8 3.3. Neighborhoods a[td Voting Delegates .............................. 9 ~ ' 4. RIGHTS .4aND OBLIGATIONS OF THE ASSOCIATION ................ 11 4. I. Function of Association ...................................... 11 4.2, Personal Property and Real Property for Common Use ........... ' ....... 11 4.3. Enforcement .............................................. I 1 4.4. Implied Rights; Board Authority.' ................................ 12 4.5. Governmental Interests ....................................... 12 4.6. Indemnification ........... ; ................................ 12 4,7. Dedication of Common Area ................................... 13 4.8. Lake .................. :. ....... ......................... 13 4.9, Utility Lines ............................................. 13 5. MAINTENAaNCE ............................................ 13 5.1. Association's Responsibility .................................... 13 5.2. Owner's Responsibility ....................................... 15 5.3. Neighborhood's Responsibility .................................. 15 5.4. Standard of Performance ...................................... 15 Article 6. INSURANCE AND CASUALTY LOSSES ........................... 15 6.1. Association Insurance ........................................ 15 6.2. Owners' Insurance .......................................... 18 Article 7. gaNNEY~kTION AND WITHDRAWAL OF PROPERTY .................. 18 7.1. Annexation Without Approval of Membership ........................ 18 7.2, Annexation With Approval of Membership .......................... 19 7.3. Withdrawal of Property ...................................... t9 7.4, Additional Covenants and Easements .............................. 19 7.5. Amendment .............................................. 19 Article 8. ASSESSMENTS 8.1. 8.2. 8.3. 8.4. 8.5. 8.6. 8.7. 8.8. 8.[}. 8.10, 8.11, 8.l~. Creation of Assessments ...................................... 19 Declarant's Obligation for Assessments ............................ 20 Computation of General Assessment .............................. 20 Computation of Neighborhood Assessments ......................... 22 Reserve Budget and Capital Contribution ........................... 22 Special Assessments ......................................... 22 Specific Assessments ........................................ 23 Lien for Assessments ............ tt ........................... 23 Date of Commencement of Assessments. 24 Failure to Assess ........................................... 24 Exempt Propert)' ........................................... 24 Capitalization of Association .................................... 24 -ii- , ! 8,13. Declarant's Obligation Article 24 Article 9. ARCHITECTURAL STA~NDARDS · 25 9.1. General .................... . ............................. 25 9.2. Architectural Review .... ................................... 25 9.3. General Guidelines and Procedures ............................... 25 9.4. Specific Guidelines and Restrictions .............................. 26 9.5. Construction Peribd ........................................ 27 9.6. No Waiver of Future Approvals ................................. 28 9.7. Variance ...................................... ...., ....... 28 9.8. Limitation of Liability ............................. :..' ....... 28 9.9. Enforcement .............................................. 28 10. USE RESTRICTIONS AND RULES .............................. 29 General Use Restrictions ..................................... 29 Residential Use ........................................... .29 Leasing ................................................ 29 Rules and Regulations ....................................... 29 Vehicles ................................................ 30 Nuisance ............................................... 30 Storage of lvlaterials,' Trash, Garbage, Dumping, Etc ................... 30 Animals and Pets .......................................... 3 General Prohibitions ........................................ 31 Streams ................................................ 3 Lake .................................................. 31 Wetlands ............................................... 31 Drainage and Grading ....................................... 32 Water Quality Facilities ......................................32 The Square ' 32 Sight Distance at intersections .................................. 32 Subdivision of Unit Occupancy of Unfinished Unlts .......... ~ ...................... 33 Occupants Bound .......................................... 33 Article Article 10.1. 10.2. 10.3. 10.4. 10.5. 10.6. 10.7. 10.8. 10.9. I0.10. 10.11. 10.12. 10.13. 10.14. 10.15. 10.16. 10.17. 10.18. 10.19. 1 I. EASE~LENTS " 11.1. Easements of Encroachment ................................... 33 11.2. Easements for Utilities, Ere .................................... 33 11.3. Easement for Slope Control, Drainage and Waterway blain:chance .......... 34 11.4. Easements for Lake and Pond Maintenance and Flood Water .............. 35 11.5. Easements to Serve Additional Property ............................ 36 11.6. Easement for Entry ......................................... 36 11.7. Easements for blaintenance and Enforcement ........................ 36 11.8. Lateral Support ........................................... 36 1[.9. Liability for Use of'Easements ................................. 36 11.10. Easement for Special Events ................................... 37 12. MORTGAGEE PROVISIONS ................................... 37 12.1, Notices of Action .......................................... 37 12.2. Special FHLMC Provision .................................... 37 Article Article 12.3. No Priority .............................................. 38 12.4." Notice to Association ........................................ 38 12.5. Failure of Mortgagee to Respond ................................ 38 12.6. Construction of Article ....................................... 38 13. DECLARANT'S RIGHTS .................................... : . 38 13.1. Transfer to Association ............................. i ....... ;. 38 13.2. Development ..: ........... i ............................ :'' 39 13.3. Improvements to Common Areas .............................. I.. 39 13.4. Additional Declarations ....................... ; .............. 39 13.5. A~hendments ...................................... -. ...... 39 14. 14.1. 14.2. 14,3. 14.4, 14,5. 14.6. 14.7. 14,8, 14.9. 14.10, GENERAL PROVISIONS .................................... '.. 39 Duration ................................................ 39 Amendment ............... ' ............................... 40 Severability .............................................. 41 Alternative Dispute Resolution ............................... ~., 41 Litigation ................................................ 41 Cumulative Effect; Conflict .................................... 41 Use of Neighborhood Names .................................. 41 Compliance ..... : ........................................ 42 Notice of Sale or Transfer of Title ............................... 42 Exhibits ................................................. 42 Exhibit A TABLE OF EXHIBITS Sub|ect blatter Land Initially Submitted 1 Land Subject to Annexation 2 By-Laws of Lake Kedron Community Association, Inc. 2 Page First Appearina :1. Oa ;e 6 3 0 DECLARATION OF COVEN,AaNTS~ CONDITIONS~ AND RESTRICTIONS FOR LAKE kq~DRON CObfi~IUNITY ASSOCIATION, INC. THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS is made as of the date on the signature page hereof by Peachtree City Holdings, L.L.C., a Georgia limited liability company (the "Declarant"). Declarant is the owner of the real property described in ~, which is attached and incorporated by reference. This Declaration imposes upon the Properties (as defined in Article I below) mutually beneficial restrictions under a general plan 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 furtheranc~ of such plan, this Declaration provides for the creation of Lake Kedron Community Association, Inc. to own, operate and maintain Common Areas and to administer and enforce the provisions of this Declaration, the By-Laws, and the Design Guidelines (as these terms are defined below). Declarant hereby declares that all of the property described in E.~hibk A and any additional property subjected to this Declaration by Supplemental Declaration (as defined in Article 1 below) 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, successors-in-dale, and assigns, and shall inure 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 the O.C.G.A. {}44-3-70, et ~segt. nor a property owners' development within the meaning of the O.C.G.A. ,544-3-220, et Seq. Article 1. DEFh-NITIONS The terms in this Declaration and the exhibits to this Declaration 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 Section 9.2. 1.2. "Area c?f Common Responsibility": The Common Area, together with such other 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, any Supplemental Declaration or other applicable covenant, contract, or agreement. ;{ 1.3. "Ar~icle~; of Incomoration" or "Articles": The Articles of Incorporation of Lake Kedron Community Association, lnc., as filed with the Secretary of State of the State of Georgia. 1.4. "Association": Lake Kedron Community Association, Inc., a Georgia nonprofit corporation, Jt~ successors or assigns. 1.5. "Board o[ 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. "Builder": Any P~rson which purchases one or more Units for tl/e purpose of constructing improvements for later sale to consumers or purchases one or more parcels of land within the Properties for further subdivision, development, and/or resale in the ordina~'y course of such Person's business. Any Person occupying or leasing a Unit for residential purposes shall cease to be considered a Builder immediately upon occupation of the Unit for residential purposes, notwithstanding that such Person originally purchased the Unit for the purpose of constructing improvements for later sale to consumers. 1.7. "By-Laws": The By-Laws of Lake Kedron Communky Association, Inc., attached.as Exhibit C, as they may be amended. 1.8. "City": 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 IVlajority of' the members of the Board of Directors as provided in Section 3.2. 1.10. "Common Area": All real and personal property, including easements, which the Association owns, leases or holds possessory or use rights in for the common use and enjoyment of the Owners. The term also shall include the Exclusive Common Area, as defined below. 1.11. "Common Expenses": The actual and estimated expenses incurred, or anticipated to be incurred, by the Association for the general benefit of all Owners, hacluding any reasonable reserve, as the Board may find necessary and appropriate pursuant to this Declaration, the By-Laws, and the Articles of Incorporation. Common Expenses shall not include any expenses incurred so long as the Class "B" Membership exists for initial development, original construction, installation of infrastructure, original capital improvements, or other original construction costs unless approved by Voting Delegates representing a Majority of the total Class "A" votes of the Association. 1.12. "Communitv.-Wide Standard": The standard of conduct, maintenance, or other activity generally prevailing throughout the Properties. Such standard may be more specifically determined by the Board of Directors and the Architectural Review Board. 1.13. "Covenant to Share Cosl~": Any agreement or contraft between the Association and an owner or operator of property adjacent to the Properties for the allocation of expeases that benefit both the Association and the owner or operator of such property. 1.14. "Decl0ranC: Peachtree City Holdings, L.L.C., a Georgia limited liability company, or an,,' successor, successor-in-title, or assign who takes title to any portion .Cf the property described on Ex'hibit A or Exllibit B for the purpose of development and/or sale and who is designated as the Declarant in a recorded instrument executed by the immediately preceding Declarant; provided however, there shall be only one Person entitled to exercise the rights and powers oi: the "Declarant" hereunder at any one time. " ' -' ~'. '~"::;K 13 t) .. 1.15. "Declaration of Easements": The Declaration of Easements by Peachtree City Holdings, L.L.C., as joi'ned by the City and Georgia Utilities Company, dated, l, lovember 26 1996, filed ~ , 1996 and recorded in Deed Book l lOl , Page 602 of the Public Records. 1.16. "Design Guidelines": The design and construction guidel!nes and application and review procedures applicable to the Properties promulgated and administered pursuant to Article 9. i 1.17. "Exclusive Comrhon Area": A portion of the Common Area intended for the exclusive use or primary benefit of one or more, but less than ail, Neighborhood~ or Units, as more particularly described in Article 2. 1.18. "General Assessmen[": Assessments levied on all Units subject to assessment under Article 8 to fund Common Expenses for the general benefit of all Units, as more particularly described in Sections 8.1 and 8.3. 1.19. "Governing Documents": The Declaration, By-Laws, Articles of Incorporation, all Supplemental Declarations, the Design Guidelines and rules of the Association, or any of the above, as each may be amended from time to time. 1.20. "Lake": Lake Kedron, which is located adjacent to or in the vicinity of the Properties. The Lake is owned and subject to use restrictions promulgated by Fayette County, Georgia. 1.21. "Lake Use Restrictions": Use restrictions, rules and procedures for Lake Kedron promulgated by Fayett¢ County, Georgia. 1.22. "Maioritv": Those votes, Owners, Ivlembers, or other group, as the context may indicate, totaling more than fifty percent (50%) of the total eligible number. 1.23. "Master Plan": The land use plan or development plan for "Lake Kedron Point Neighborhood", 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 blaster Plan.shall not, under 'any circumstances, obligate Declarant to subject such property to this Declaration, nor shall the exclusion of property described on Exhibit B from the blaster Plan bar its later annexation in accordance with Article 7. 1.24. "Member": A Person subject to membership in the Association pursuant to Article 3. 1.25. "Mortgage": A mortgage, a deed of trust, a deed to secure debt, or any other form of security instrument affecting title to any Unit. .26. "Mortgagee": A beneficiary or holder of a Mortgage. 1.27. "Neighborhood": A separately developed area within the Properties in which the Owners of Units may have common interests other than those common to all Members of the Association. For 4example, and by way of illustration and not limitation, each single-'family attached or detached housing development may constitute a separate Neighborhood, or a Neighborhood may be comprised of more than one housing type with other features in common. Where the context permits or requires, the term Neighborhood shall also refer to the Neighborhood Committee, it? any, established in accordance with the By-Laws. Neighborhood boundaries may be established and modified as provided in Section 3.3. 1.28. "N~ighborhood Assessments": Assessments levied against the Units in a particular Neighborhood or Neighborhoods to fund Neighborhood Expenses, as described in Sections 8.1 and 8.4. 1.29. "Neighborhood EXoenses": The actual and estimated expenses incurred or anticipated to be incurred by the Association for the benefit of Owners of Units within a particular Neighborhood or Neighborhoods, which may include a reasonable reserve for capital repairs and replacements, as the Board may specifically authorize from time to time and as may be atithorized herein or in Supplemental Declarations applicable to such Neighborhood(s). 1.30. "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 land sales contract, and the contract specifically so provides, the purchaser (rather than the fee owner) wilt be considered the Owner. 1,31. "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. 1.32. "Properties": The real property described on ]~,xhibit A. together with such additional property as is subjected to this Declaration in accordance with Article 7. 1.33. "public Records": The Official Records of the Clerk of the Superior Court of Fayette County, Georgia. 1.34. "Special Assessment": Assessments levied in accordance with Section 8.6. 1.35. "Specific Assessment": Assessments levied in accordance with Section 8.7. 1.36. "Supplemental Declaration": An instrument filed in the Public Records which subjects additional property to this Declaration, designates Neighborhoods, and/or imposes, expressly or by reference, additional restrictions and obligations on the land described in such instrument. 1,37. "The Square": Exclusive Common Area for Owners of Units located in The Point at Lake Kedron as more particularly described on Exhibit A. 1.38. "Uni;": 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 an attached or detached residence for a single family. The term shall refer to the land, if any, which is par~ of the Unit as well as any improvements thereon. The term shall include within its meaning, by way oF illustration but not limitation, townhouse units, cluster homes, patio or zero lot line homes, and single-family detached houses on separately platted lots, as well as vacant land intended for developm, ent as such, but shall not include Common Area or property dedicated to the public. In the cas~ of a parcel of vacant land or land 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 Units determined as set forth 1 1 i 0 rt. in the precediqg paragraph and any portion not encompassed by such plat shall continue to be treated in accordance with this paragraph. 1.39. "V~": The representative selected by the Class "A" Members within each Neighborhood to be responsible for casting all Class 'A" votes attributable to Units in the Neighborhood on matters requiring a vote of the membership (except as'otherwise specifically provided in this Declarati6n and in the By-Laws). 'Ilae term "¥oting Delegate" shall also refer to any alternate Voting Delegate acting in the absence of a Voting Dela.'gat~ and any Owner authorized personally to cast the vote for his or her Unit pursuant to Section 3.3(b). t 1.40. "Water (~ualitv Facility": Areas adjacent to or in the vicinity of the Lake as designated in the Declaration of Easements or appearing on a recorded plat and intended to control the water quality of the Lake. Article 2. PROPERTY RIGHTS 2.1. Common Area. Every Owner shall have a right and nonexclusive easement of use, access, and enjoyment in and to the Common Area, which is appurtenant to the title to each Unit, subject to: (a) This Declaration and any other applicable covenants; (b) the Association; Any restrictions or limitations contained in any deed conveying such property to (c) The right of the Board to adopt, amend and repeal rules regulating the use and enjoyment of the Common Area, including rules limiting the number of guests who may use the Common Area; (d) The right of the Board to suspend the right of an Owner to use recreational facilities within the Common Area pursuant to Section 4.3; (e) The right of the Association, acting through the Board, to dedicate or transfer all or any part of the Common Area. subiect to such approval requirements as may be set forth in this Declaration; (0 The right of the Board to impose reasonable membership requirements and charge reasonable admission or other use fees for the use of any recreational facility situated upon the Common Area; . (g) The right of the Board and the Declarant to permit use of any recreational facilities situated on the Common Area by persons other than Owners, their families, lessees and guests upon payment of reasonable use fees, if any, established by the Board; (h) The right of the Association, acting through the Board, to mortgage, pledge, or hypothecate any or all of it.~ real or personal property as security for money borrowed or debts incurred; subject to the approval requirements set forth in Section 2.7; l{ (i) The rights of certain Owners to the exclusive use of those portions of the Common Area designated "Exclusive Common Areas," as more particularly described in Section 2.2; and .. 0) The right of the Declarant to conduct activities within the Common Area, such as tournaments, charitablo events, and promotional events and to restrict Members from using the Common Area during such activities, provided such activities shall be conducted in a manner to minimize (to the 6xtent reasonably possible) any substantial interference with the Members' use and enjoyment of the Common Area and shall not exceed seven (7) consecutive days. Any Owner may extend his or her right of use and enjoyment to the members of his or her family, le~sees, and social invitees, as applicable, subject to reasonable regulation by the Board. An Owner who leases his or her Unit shall be deemed to have assigned all such rights to th~ lessee of such Unit. i 2.2. Exclusive Common Area. Certain portions of the Common Area may be designated as Exclusive Common Area and reserved for the exclusive use or primary benefit of Owners and occupants of specified Units or Neighborhoods. By way of iltustration and not limitation, Exclusive Common Areas may include entry features, recreational facilities, landscaped medians and cul-de-sacs, ponds, town squares, and other portions of the Common Area within a particular Neighborhood or Neighborhoods. All costs associated with maintenance, repair, replacement, and insurance of an Exclusive Common Area shall be assessed against the Owners of Units to which the Exclusive Common Areas are assigned either as a Neighborhood Assessment or as a Specific Assessment, as applicable. Initially, any Exclusive Common Area shall be designated as such, and tho exclusive use thereof shall be assigned, in the deed by which the Common Area is conveyed to the Association, this Declaration, a Supplemental Declaration and/or on the subdivision plat relating to such Common Area; provided however, any such assignment shall not preclude the Declarant from later assigning use of the same Exclusive Common Area to additional Units and/or Neighborhoods, so long as the Declarant owns any property which is subject to this Declaration or which may be unilaterally subjected to this Declaration. Thereafter, a portion of the Common Area may be assigned as Exclusive Common Area of particular Units or a particular Neighborhood or Neighborhoods and Exclusive Common Area may be reassigned upon approval of the Board and the vote of Voting Delegates representing a Majority of the total Class "A" votes in the Association, including, if applicable, a Nlajority of the Class "A" votes within the Neighborhood(s) to which the Exclusive Common Area is assigned, if previously assigned, and within the Neighborhood(s) to which the Exclusive Common Area is to be assigned or reassigned. The Square, to be shown on the recorded subdivision plat for the Neighborhood known as The Point at Lake Kedron, and more particularly described in a Supplemental Declaration, shall be designated as Exclusive Corrunon Area for the Owners in The Point at Lake Kedron. The Association may, upon approval of a Majority of the Class "A" votes within the Neighborhood(s) to which any Exclusive Common Area is assigned, permit Owners of Units in other Neighborhoods to use all or a portion of such Exclusive Common Area upon payment of reasonable user fees, which fees shall be used to offset the Neighborhood Expenses or Specific Assessments attributable to such Exclusive Common Area. 2.3. Lake. (a) Access to and use of the Lake is strictly subject to the Lake Use Restrictions and no Person gains any right to enter or to use the Lake or to grain access to the Lake from the Properties by virtue of membership in the Association or ownership or'bccupancy of a Uni~. Each Owner of a Unit adjacent to the Lake acknowledges the Lake Use Restrictiorts and agrees to strictly abide by the Lake Use Restrictions. Any Person, including any Owner, using the Lake for an3' purpose shall assume the risk of such usc. Un.der no circumstance shall the Declarant, the Association, any Builder, or any person acting on their behalf assume any liability for use of the Lake by an Owner, its invitees, or licensees. (b) The Properties are subject to the provisions of: (i) the Peachtree City Erosion Control Ordinance which requires non-disturbance buffers and restrictions on construction in impervious surface in the vicinity of the Lake, and (ii) the Declaration of Easements which governs the use of Water Quality Facilities and Drainage Easement Areas, as defined therein. Use of the Properties by the Owners shall be governed by the Peachtre~ City Erosion Control Ordinance and Declaration of Easements. 2.4. View Impairment. Neither the Declarant, the Association, nor any owner of the Lake guarantees or represents that any view over and across the Lake, the Conunon Area or any public facilities from Units will be preserved without impairment. The owners of such property shall have no obligation to prune or thin trees or other landscaping, and shall have the right, in their sole and absolute discretidn, to add trees and other landscaping to the Units adjacent to the Lake, the Common Area or the public facilities from time to time; provided that such landscaping is installed in accordance with Article 9 herein and any applicable governmental laws, ordinances, or regulations. In addition, the owner of the Lake may, in its sole and absolute discretion, reconfigure the Lake front from time to time. Any such reconfiguration may diminish or obstruct any view from the Units and any express or implied easements for vMw purposes or for the passage of light and air are hereby expressly disclaimed. 2.5. [qo 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. 2.6. Condemnation. If any part of the Common Area shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on the written direction of Voting Delegates 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 property which is subject to this Declaration or which may be unilaterally subjected to this Declaration by the Declarant) by any authority having the power of condemnation or eminent domain, each Owner shall be entitled to written notice of such taking or conveyance prior to disbursement of any condemnation award or proceeds from such conveyance. Such award or proceeds shall be payable to the Association to be disbursed as follows: 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 shaU be in accordance with plans approved by the Board. The provisions of Section 6. I(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 rer~ain 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 she.I determine. 2.7. Actions Reauirin~ Owner Approval. As long as there is a Class "B" membership, the conveyance or'mortgaging of Common Area, except in accordance with Section 4.2, shall require the prior approval of Voting Delegates 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 facilities and for other purposes not inconsistent with the intended use of the Common Area,' without the approval of the meml~ership. Article 3. ~[EMBERSHIP AND VOThNG RIGHTS ~ 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 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 membership rights of an Owner which is not a natural person may be exercised by any officer, director, partner or trustee, 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. Voting. The Association shall have two (2) classes of membership, Class "A" and Class "B." (a) Class "A". Class "A" Members shall be all Owners except the Class "B" lvlember, if any. Class "A" Nlembers shall have one (l) 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 8.11. Notwithstanding the above, the Owner of two (2) contiguous Units, as shown on the final subdivision plat recorded in the Public Records, on which one (1) residential dwelling is constructed which crosses the boundary line separating Units, shall have only one (1) vote for such Units. All Class "A" votes shall be cast as provided in Section 3.2(c) below. (b) Class "B". The sole Class "B" Member shall be the Declarant. The rights of the Class "B" Member, 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 C!ass "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 blaster 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, 2002; or (iii) when, in its discretion, the Class "B" Member so determines. 1 1 i OPinE 6 3 8 · 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 recorded instrument. (ii) w..hen, in its discretion, the Declarant so determine's and declares in a i 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. The Declarant may, by Supplemental Declaration, create additional classes of membership for the owners of Units within any additional property made subject to this Declaration pursuant to Article 7, with such rights, privileges and obligations as may be specified in such Supplemental Declaration, in recognition of the different character and intended use of the property subject to such Supplemental Declaration. (c) · Exercise of Voting Rights. Except as otherwise specified in this Declaration or the By-Laws, the vote for each Unit owned by a Class "A" Member shall be exercised by the Voting Delegate representing the Neighborhood of which the Unit is a part, as provided in Section 3.3(b). The Voting Delegate may cast all such votes as it, in its discretion, deems appropriate. No vote shall be exercised on behalf of any Unit if any assessment for such Unit is delinquent. In any situation where a Member is entitled personally 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 advise the secretary of the Association in writing prior to the vote being taken. Absent such advice, the Unit's vote shall be suspended it' more than one (1) Person seeks to exercise it. 3.3. Neighborhoods and Voting Delegates. (a) Neighhorh00ds. Every Unit shall be located within a Neighborhood; provided however, unless and until additional Neighborhoods are established, the Properties shall consist or: one Neighborhood. The Declarant, in its sole discretion, may establish Neighborhoods within the Properties by designation on Exhibit & to this Declaration, a Supplemental Declaration, or a plat. So long as it owns aay property which is subject to this Declaration or which may be unilaterally subjected to this Declaration by the Declarant, the Declarant may unilaterally amend this Declaration or any Supplemental Declaration from time to time to assign property to a specific Neighborhood, to redesignate Neighborhood boundaries, or to remove property from a specific Neighborhood. The Owner(s) of a Majority or the total number of Units within any Neighborhood may at any time petition the Board of Directors to divide the property comprising the Neighborhood into two or more Neighborhoods. Such petition shall be in writing and shall include a survey of the entire parcel which indicates the proposed boundaries of the new Neighborhoods or otherwise identifies the Units to be included within the proposed Neighborhoods. Such petition shall be deemed granted thirty (30) days t.ollowing the filing of all required~documents with the Board unless t~e Board of Directors denies such application in writing within sucti 30-day period. The Board may deny an application only upon determination that there is no reasonable basis for distinguishing between the areas proposed to be divided into separate Neighborhoods. All applications and copies of any denials shall be filed with the books and records of the Association and shall be maintained as long as this Declaration is in effect. The Units within a particular Neighborhood may be subject to additional covenants. Any Neighborhood may, but shall not be obligated to, elect a Neighborhood Committee, as described in the By-Laws, to represent the interests of Owners of Units in such Neighborhood. Any Neighborhood may request that the Association provide a higher level of service or special services for the benefit of Units in such Neighborhood and, upon the affirmative vote, written consent, or a combination..thereof, of Owners of a Majority of the Units within the Neighborhood, the Association may, in its sole discretion, provide the requested services. The cost of such services, which may include a reasonable administrative charge in such amount as the Board deems appropriate (provided any such administrative charge shall apply at a uniform rate per Unit to all Neighborhoods receiving the same service), shall be assessed against the Units within such Neighborhood as a Neighborhood Assessment pursuant to Article 8 hereof. (b) Votin~ Delegates. The Owners within each Neighborhood may elect a Voting Delegate who shall be responsible for casting all votes attributable to Units owned by Class "A" Ivlembers in the Neighborhood on all Association matters requiring a membership vote, except as otherwise specified in this Declaration or the By-Laws. If Voting Delegate is elected, each Neighborhood shall elect an alternate Voting Delegate who shall be responsible for casting such votes in the absence of the Voting Delegate, and the Voting Delegate and alternate Voting Delegate from each Neighborhood shall be elected on an annual basis, either by written ballot cast by mail or at a meeting of the Class "A" Members within such Neighborhood, as the Board dete'rmines; provided however, upon written petition signed by Class "A" Members holding at least ten percent (10%) of the votes attributable to Units within any Neighborhood, the election for such Neighborhood shall be held at a meeting. The presence, in person or by proxy, of Class "A" Members representing at least thirty percent (30%) of the total Class "A" votes attributable to Units in the Neighborhood shall constitute a quorum at any Neighborhood meeting. If Voting Delegates are to be elected, the Board shall call for the first election of Voting Delegates not later than when fifty percent (50%) of the Units permitted under the Master Plan have been conveyed to Persons other than Builders; provided however, the first election of a Voting Delegate for any Neighborhood shall not be required until at least seventy-five percent (75 %) of the Units planned for such Neighborhood have been conveyed to Persons other than Builders. Subsequent elections within each Neighborhood shall be held annually within thirty (30) days of the date of the first election. Each Class "A" Member who owns a Unit within the Neighborhood shall be entitled to cast one (1) equal vote per Unit owned. The candidate who receives the greatest number of votes shall be elected as Voting Delegate and the candidate receiving the next greatest number of votes shall be elected as the alternate Voting Delegate. The Voting Delegate and the alternate Voting Delegate shall serve a term of one (l) year and until their successors are elected. All votes may be cast as the Voting Delegate deems appropriate in its sole discretion. Any Voting Delegate or alternate Voting Delegate may be removed, with or without cause, upon the vote or written petition of Owners of a Ivl'ajori~' of the total ~umber of Units owned by Class "A" Members in the Neighborhood which the Voting Delegate or alternate Voting Delegate represents. Upon removal of a Voting Delegate or an alternate, a successor shall be elected by' the Owners of Units within the Neighborhood to fitt the vacancy for the remainder of such delegate's term. Until such time as the Board first calls for election of a Voting Delegate for any Neighborhood. the Owners within such Neighborhood shall be entitled personally to cast the votes attributable to their respective Units on any issue requiring a vote of the Voting Delegates under this Declaration, the By-Laws, or the Articles. BOOK ]. i 0 P GE 0 · , Article 4. RIOHT$ ~NrD OBLIO~TIO~S OF THg ~$SOOI~TIO~ 4.1. Function of Association. The Association shall be the entity responsible for management, maintenance, operation and control of the Area of Cormnon Responsibility and all improvements thereon. The Association shall be the primary entity responsible for enforcement of this Declaration and such reasonable rules regulating uae 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 Declarer{on and in the Design Guidelines. The Association sha.'ll perform its functions in accordance with the Governing Documents and the la{va of the State of Georgia. 4.2. Personal Property and Real Property for Common Use. The Association; through action of its Board, may acquire, hold, and dispose of tangible and intangible personal property and real property, subject to the provisions of Section 2.7. The Declarant and its designees may convey to the Association improved or unin~proved real estate, or interests in real estate, located within the properties described in Exhil~it 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. 4.3. 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 (In 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 frae 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; (c) suspending any Person's right to use any recreational facilities within the Common Area or any part of Exclusive Common Area; provided however, nothing herein shall authorize the Board t.) 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 Sections 8.7(b) and 9.9. In addition, the Board, or the covenants comminee if established, may elect to enforce an5' 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 orin 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, incl.uding, without limitation, attorneys fees and court costs, reasonably incurred in such action, i 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. 4.4. Implied Right~;: Boar~l Authori .ry. (a) 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. 4.5. Governmental Interests. For 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 Declarant may designate sites within the Properties for fire, police, and utility facilities, public schools and parks, streets, and other public or quasi-public facilities. The sites may include Common Areas, 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. 4.6. Indemnification. The Association shall indemnify every officer, director, and ARB or committee member against all damages and expenses, including attorneys fees, reasonably incurred in connection with any action, suit, or other proceeding (including settlement of 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 ARB 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 :gfficers, 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 an5' 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 ma.',' also be Members of the Association). The Association shall ! l 641 indemM~y and forever hold each such officer, director and ~ or committee member harmless from any and all liability to others on account oi' any such contract, commitment or action. This right to indemnification shall not be exclusive of any other rigbu to which any present or former officer, director, or ARB 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, it' such insurance is reasonably available. 4.7. Dedication of Corel'non Are:t. The Association may;dedicate portions of the Common Area to Fayette County, Georgia or the City, or to any other local, state, or federal governmental or quasi-governmental entity, subject to such approval as may be required by Section 2.7. 4.8. Lake. Neither the Association, the original Declarant, nor any successor Declarant shall be held liable for any loss or damage by reason of use of the Lake for any purpose by Owners, their invitees, licensees, and tenants. Each Owner acknowledges, understands and covenants to inform its tenants and all occupants of its Unit that the Association, its Board of Directors and committees, Declarant, and any successor Declarant are not insurers that the Association has no rights in and to the Lake and that each Person using the Lake shall do so only as permitted under the Lake Use Restrictions and assumes all risks of personal injury, and loss or damage to property, including Units, resulting from or in association with use of the Lake. 4.9. Utility 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 shall 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 presence of utility lines or utility sub-stations and further acknowledges that neither Declaraat 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. bL-LIxNTEN..MNCE 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 (including Exclusive Common Area); (ii) all landscaping and other flora, parks, ponds, structures, and improvements, including any entry features, town squares, bike and pedestrian pathways/trails, situated upon the Common Area; (iii) all furnishings, equipment an~[other personal property of the Association; (iv) any landscaping and other flora, parks, pedestrian pathways/trails, sidewalks, structures and improvements within public rights-of-way within or abutting the Properties or upon such other 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 Rest~0nsibility aa may be dictated by this Declaration, any Supplemental Declaration, any Covenant to Share Costs, or any contract or agreement for maintenance thereof entered into by the Association; (vi) all ponds, streams, wetlands and/or Water Quality Facilities located within the Properties which serve as parg of the drainage and storm water retention system for the Properties, including any retaining wails, bulkheads or dams (earthen or otherwise) retaining water therein, and any I ' 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 the 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 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. Co) 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 Nlembers holding sixty- seven percent (67%) of the Class "A" votes in the Association and the Class "B" Nlember, if any, agree in writing to discontinue such operation. Except as provided above, the Area of Common Responsibility shall not be reduced by amendment -,.f this Declaration or any other means except with the written consent of the Declarant, so long as the Declarant owns any property which is subject to this Declaration or which may be unilaterally. subjected to this Declaration by the Declarant. (c) Except as otherwise specifically provided herein, all costs associated with maintenance, repair and replacement of the Area of Common Responsibility shall be a 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 Corm'non Responsibility pursuant to this Declaration, the Covenant to Share Costs, the Declaration of Easements, other recorded covenants, or agreements with the owner(s) thereof. All costs associated with maintenance, repair and replacement of Exclusive Common Areas shall be a Neighborhood Expense assessed as a Neighborhood Assessment solely against the Units within the Neighborhood(s) to which the Exclusive Common Areas are assigned, or a Specific Assessment against the particular Units to which the Exclusive Common Areas are assigned, notwithstanding that the Association may be responsible for,performing such mainteqance hereunder. (d) With respect to the Units within The Point at Lake Kedron Neighborhood, the Association shall maintain, repair, and replace the landscaping and other improvements within the area designated on subdivision plats as Exclusive Common Area known as "The S(luar.e". All costs associated BOOK OP, GE 4 with such maintenance, repair and replacement shall be a Neighborhood Expense assessed is a Neighborhood Assessment against the Units within The Point at Lake Kedron Neighborhood. (e) With respect to the Units within each Neighborhood, the Association shall maintain, repair, and replace the landscaping and other improvements within the entry feature for such Neighborhood. All costs associated with such maintenance, repair and replacement shall be a Neighborhood Expense assessed.,as a Neighborhood Assessment against the Units within the affected Neighborhood. 5.2. Owner's Responsibili _ry. Each Owner shall maintain his or her Unit, and all structures, parking areas, 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 as.~igned to the Association. In addition to any other enforcement rights, if an Owner fails properly to perform 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 8.7. The Association shall afford the Owner reasonable notice and an opportunity to cure the problem prior to entry, except when entry is required due to an emergency situation, 5.3. Neighborhood's Responsibility. Upon resolution of the Board of Directors, the Owners of Units within each Neighborhood stiall be responsible for paying, through Neighborhood Assessments, the costs of operating, maintaining and insuring certain portions of the Area of Common Responsibility within or adjacent to such Neighborhood. This may include, without limitation, the costs of maintaining any signage, entry features, right-of-way and greenspace between the Neighborhood and adjacent public roads, private streets within the Neighborhood, and greenspaces or ponds within the Neighborhood, regardless of ownership and regardless of the fact that such maintenance may be performed by the Association; provided however, all Neighborhoods which are similarly situated shall be treated the same. 5.4. Standard of Performance. Unless otherwise specifically provided herein or in other instruments creating and assigning such maintenance responsibility, responsibility for maintenance shall include responsibility for repair and replacement, as necessary. All maintenance shatl be performed in a manner consistent with the Community-Wide Standard and all applicable covenants. 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. Article 6. ~NSURANCE )aND CASUALTY LOSSES 6.1. Association Ir~uraoce. (a) Required Coverages. The Association, acting through its Board or its duly authorized agent, shall obtain and continue in effect the foltowing 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 "ris -les 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 portio~ of the Area of Common Responsibilio' to the extent that it has assumed responsibility for maintenance, repair and/or replacement in the event or' a casualo'. 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, agenis, 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 million dollars ($1,000,000) per occurrence with respect to bodily injury, personal injury, and property' damage, 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) to the extent required by law; (iv) Workers compensation insurance and employers liability insurance, if and Directors and officers liability coverage; (v) Such additional insurance as the Board, in its best business judgment, determines advisable, which may indlude without limitation flood insurance, fidelity insurance covering Persons responsible for the Association funds, and proper~ 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, except that (i) premiums for property insurance obtained on behalf of a Neighborhood shall be charged to the Owners of Units within the benefitted Neighborhood as a Neighborhood Assessment; and (ii) premiums for insurance on Exclusive Common Areas may be included in the Neighborhood Assessment of the Neighborhood(s) benefitted unless the Board of Directors reasonably determines that other treatment of the premiums is more appropriate. (b) Policy Requirements. The Association shall arrange for an annual review of the ~ufficiency 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 Ii.mits satisfy the requirements of Section 6.1(a). In the event of an insured loss, the deductible shall be treated as a Common Expense or a Neighborhood 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 8.7. All insurance coverage obtained by the Board shall: (i) be written with a compa}~y authorized ilo~ do business in the State of Georgia which satisfies the requirements of the Federal National Mortgage Association, or su:h other secondary mortgage market agencies or federal ao. encies as the Board deems app. lom'iare'- (ii) be written in the name of the Association as trustee for the benefitted parties. Policies on the Common Areas shall be for the benefit of the Association and its Members. Policies secured on behalf of a Neighborhood shall be for the benefit of the Owners of Units within the Neighborhood and their Ivlortgagees, as their interests may appear; (iii) not be brought into contribution with insurance purchased by Owners, occupants, or their Mortgagees ind. ividually; (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; cash; (ii) a waiver of the insurer's rights to repair and reconstruct instead of paying (iii) an endorsement precluding cancellation, invalidation, su?ension, 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 demand 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;' (vi) 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 Destruction. 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 Com.mon 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 ! r'.~J'gc4%.~lron,c:r-le.;.v.' - 17- 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) additional days. No Mortgagee shall have the right 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 th~, Association in a neat and attractive, landscaped condition consistent with the 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 or the Neighborhood, as appropriate, and placed in a capital improvements account. This is a covenant for the benefit of IVlortgagees 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, without a vote of the Voting Delegates, lew Special Assessments to cover the shortfall against those Owners responsible for the premiums for the applicable insurance coverage under Section 6. l(a). 6.2. Owners' 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, unless the Association carries such insurance (which it may; but is not obligated to do hereunder). If the Association assumes responsibility for obtaining any insurance coverage on behalf of Owners, the premiums for such insurance shall be levied as a Specific Assessment against the benefitted Unit and the Owner thereof pursuant to Section 8.7. Each Owner further covenants and agrees that in the event of damage to or destruction of structures on or comprising 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. Additional recorded covenants applicable to any Neighborhood may establish more stringent requirements for insurance and more stringent standards for rebuilding or reconstructing structures on the Units within such Neighborhood and for clearing and maintaining the Units in the event the structures are not rebuilt or reconstructed. Article 7. AN]NEXATION AND WITHDtL4.WAL 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 properts' described in Exhibit B. The Declarant may transfer or assign this right to annex proper'fi, 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 byi{Declarant. Such l~rmexation shall be accomplished by filing a Supplemental Declaration in the Public Records describinl the property being annexed. Such Supplemental Declaration shall not require the consent of Voting Delegates, 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 t~e~e arant or: any i'uccess~r annex or develop any of the property set forth in ~ in any manner whatsoever. 7.2. Annexation With Approval 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 Voting Delegates representing a Majority of the Class "A" votes of the Association represented at a meeting duly calle.cl for such purpose, and the written consent of the Declarant so long as Declarant owns any pre}perry which is subject to this Declaration or which may be unilaterally subjected to this Declaration by the Declarant. Such annexation shall be accomplished by filing a Supplemental Declaration describing the 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. 7.3. Withdrawal of 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. If the property is Common Area, the Association shall consent to such withdrawal. 7.4. Additional Covenants and Easements. The Declarant may unilaterally subject any portion of the Properties to additional covenants and easements, including covenants obligating the Association to maintain and insure such property on behalf of the Owners and obligating such Owners to pay the costs incurred by the Association through Neighborhood Assessments. Such additional covenants and easements shall be set forth in a Supplemental Declaration filed either concurrently with or after the annexation of the subject property, and shall require the written consent of the owner(s) of such property, if other than the Declarant. Any such Supplemental Declaration may supplement, create exceptions to, or otherwise modify the terms of this Declaration as it applies to the subject property in order to reflect the different character and intended use of such property. , 7.5. Amendment. This Article shall not be amended without the prior written consent o~' Declarant so long as the Declarant owns any property which is subject to this Declara.:ion or which ma.,,' be unilaterally subjected to this Declaration by the Declarant. Article 8. ASSESSMENTS 8.1. Creation of Assessments. There are hereby created assessments for Association expenses as the Board may specifically authorize from time to time. There shall be four types of assessments: (a) General Assessments to fund Common Expenses for the general benefit of all Units; (b) Neighborhood Assessments for Neighborhood Expenses benefitting only Units within a particular Neighborhood or Neighborhoods; (c) Special Assessments as described in Section 8.6: and (d) Specific Assessments as described in Section 8.7. Each Owner, by accepting a deed or entering into a 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~ssessments. All assessments, together with interest, 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 8.8. Each such assessment, together with interest noc to exceed the maximum rate allowable by law, late charges, costs, 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/vlortgagee 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 Owiaer 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 such statement. Assessments shall be paid in such manner and on such dates as the Board may establish, which may include discounts for early payment or similar time/price differentials. 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. Unless the Board otherwise provides, the General Assessment and any Neighborhood Assessment shall be due and payable in advance on the first day of each fiscal year. 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 thereof 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, including Exclusive Common Area reserved for such Owner's use, 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 of services, materials, or a combination of services and materials with the Declarant or other entities for payment of Common Expenses. 8.2. Declarant's Obligation {'0t' Assessments. 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, Declarant may annually elect either to pay an amount equal to re~lar assessments on all of 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 othenvise notifies the Board in writing at least slx .ty (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 the immediate!y preceding fiscal year. The Declarant's obligations hereunder may be satisfied in the form of cash or by' "in kind" contributions of services or materials, or by a combination of these. 8.3. Computation 0{' General Assessment (a) At least thirty (30) days before the beginning of each fiscal 3'ear, the Board shall prepare a budget covering the estimated Common Expenses during the coming .,,'ear, including a capital contribution to establish a reserve fund in accordance with a budget separately prepared as provided in ':.: c,: ,v.:r m .:.:: :,; ,2 - 20 - : 1. ! i 0 , SE 6 0 Section 8.5. O.,~neral Assessments shall be levied equally against all Units subject to assessment, except as provided in paragraph (b) of this Section. The assessment rate shall be set at a level which is reasonably expected to produce total income for the Association equal to the total budgeted Common Expenses, · ' including reserves. In determining the total ~unds to be generated through the levy of General Assessments, the Board, in its discretion, may consider other sources of funds available to the Association, including any surplus from prior years and any assessment income expected to be generated from any additional Units reasonably anticip.ated to become subject to assessment during the fiscal year. At its option, the Board may include in tt~e budget for the General Assessment expenses the Association will incur for maintenance of entry features, or other expenses, which while attributable to particular Neighborhoods, are similar in nature and amount among the Neighborhoods. The base amount corm'non to all Neighborhoods shall be paid as a General Assessment, with expenses in excess of the base amount, if any, to be paid as a Neighborhood Expense and funded through a Neighborhood Assessment. 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 Declarant may, but shall not be obligated to, reduce the General Assessment for any fiscal year by payment of a subsidy and/or contributions of services and materials (in addition to any amounts paid by Declarant under Section 8.2), which may be treated as either a contribution or an advance against future assessments due from the Declarant, or a loan, in the Declaranf's discretion. Any such anticipated payment or contribution by the Declarant shall be conspicuously disclosed as a line item in the Common Expense budget. Payments by the Declarant in any year shall under no circumstances obligate the Declarant to continue such payments in furore years and the treatment of such payment shall be made known to the membership, unless otherwise provided in a written agreement between the Association and the Declarant. The Board shall send a copy of the budget and notice of the amount of the General Assessment for the following year to each Owner at least thirty (30) days prior to the beginning of the fiscal year for which it is to be effective. Such budget and assessment shall become effective unless disapproved at a meeting by Voting Delegates representing at least sixty-seven percent (67%) of the total Class "A" votes in the Association and by 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. There shall be no obligation to call a meedng for the purpose of considering the budget except on petition of the Voting Delegates as provided for special meetings in Section 2.4 of the By-Laws, which petition must be presented to the Board within twenty (20) days after delivery of the notice of assessments. If a meeting is requested, assessments pursuant to such proposed budget shall not become effective until after such meeting is held, pro¥ided such assessments shall be retroactive to the original effective date of the budget if the budget is not disapproved at such meeting. If the proposed budget is disapproved or the Board fails for any reason to determine the budget for any year, then until such time as a budget is determined, the budget in effect for the immediately preceding year shall continue for the current year. The Board shall send a copy of the revised budget to each Owner at least thirty (30) days prior to irs becoming effective. The revised budget shall become effective unless disapproved in accordance with the above procedure. (b) The Owner of two (2) contiguous Units, as shown on the final subdivision plat re~orded in the Public Records, on which one residential dwelling is constructed which crosses the boundary line separating such Units, shall pay one (1)'mGeneral Assessment rate equal to one and one-half times the assessment for an individual Unit. 8.4. "Computation of Neighborhood Assessments. At least thirty (30) days before the beginning of each fiscal year, the Board shall prepare a separate budget covering the estimated Neighborhood Expenses for each Neighborhood on whose behalf Neighborhood Expenses are expected to be incurred during the coming year. The Board shall be entitled to set such budget only to the extent that this Declaration, any Supplemental Declaration, or the By-Laws specifically authorizes the Board to assess certain costs as a Neighborhood Assessment. Any Neighborhood may request that additional services or a highe, r level of services be provided by the Association and, upon approval of Owners in accordance with Section 3.3(a), any additional costs shall be added to such budget. In addition, any excess expenses over and above the base amount for similar Neighborhood expenses paid through the General Assessment shall be added to such budget. Such budget shall include a capital contribution establishing a reserve fund for repair and replacement of capital items maintained as a Neighborhood Expense, if any, within the Neighborhood. Neighborhood Expenses shall be allocated equally among all Units within the Neighborhood benefitted thereby and levied as a Neighborhood Assessment; provided however, if so specified in the Supplemental Declaration applicable to such Neighborhood or if so directed by petition signed by a Majority of the Owners within the Neighborhood, any portion of the assessment intended for exterior maintenance of structures, insurance on structures, or replacement reserves which pertain to particular structures shall be levied on each of the benefitted Units in proportion to the benefit received. The Board shall cause a copy of such budget and notice of the amount of the Neighborhood Assessment for the coming year to be delivered to each OWner of a Unit in the Neighborhood at least thirty (30) days prior to the beginning of the fiscal year. Such budget and assessment shall become effective unless disapproved by Owners of a Majority of the Units in the Neighborhood to which the Neighborhood Assessment applies and by 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. There shall be no obligation to call a meeting for the purpose of considering the budget except on petition of Owners of at least ten percent 00%) of the Units in such Neighborhood. This right to disapprove shall only apply to those line items in the Neighborhood budget which are attributable to services requested by the Neighborhood. If a meeting is requested, assessments pursuant to such proposed budget shall not become effective until after such meeting is held, provided such assessments shah be retroactive to the original effective date of the budget if the budget is not disapproved at such meeting. If :he Owners within any Neighborhood disapprove any line item of a Neighborhood budget, the Association shall not be obligated to provide the services anticipated to be funded by such line item of the bu:tget. If the Board fails for an.,,' reason to determine a Neighborhood budget for any year, then until such time as a budget is determined, the budget in effect for the inLmediate[y preceding year shall continue for the current year. 8.5. Reserve Bud-oct and Capital Contributioq. The Board shall annually prepare reserve budgets for both general and Neighborhood purposes 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 replacement cost. The Board shall set the required capital contribfition in an amount sufficient to permit meeting the projected needs of the Association, as shown on the budget, with respect both to amount and timing by annual General Assessments or Neighborhood Assessments, as appropriate, over the budget period. 8.6. Special Assessments. In addition to other authorized assessments, the Association may leW Sl~ecial Assessments from time to time to cover unbudgeted expenses or expenses in exc~lss of those budgeted. Any such Special Assessment may be levied against the entire membership, if such Special Assessment is for Common Expenses, or against the Units within any Neighborhood if such Special Assessment is for Neighborhood Expenses. Special Assessments shall be allocated equally among all Units subject to such Special Assessment. Any Special Assessment shall require the written consent of the BOOK :1. i i 0 6 5 2 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. Special Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. 8.7. Specific Assessments. The Association shall have the power to levy Specific Assessme.nts against a particular Unit or Units a~ follows: (a) to cover the costs, including overhead and administrative 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 be offered to Owners and occupants (which might include, without limitation, garbage collection, landscape 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 compliance with the terms of this Declaration, any applicable Supplemental Declaration, the By-Laws or rules, or costs incurred ha 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 lewing any Specific Assessment under this paragraph (b). The Association may also levy a Specific Assessment against the Units within any Neighborhood to reimburse the Association for costs incurred in bringing the Neighborhood into compliance with the provisions of the Declaration, any applicable Supplemental Declaration, the Articles, the By-Laws, and rules; provided however, the Board shall give prior written notice to the Owners of Units in, or the Voting Delegate representing, the Neighborhood and an opportunity for such Owners or Voting Delegate to be heard before levying any such assessment. 8.8. Lien for Assessments. The Association shall have a lien against each Unit to secure payment of delinquent assessments, as well as interest at a rate to be set by the Board (subject to the maximum interest rate limitations of Georgia law), late charges in such amount as the Board may establish (subject to the limitations of Georgia law), costs of collection and reasonable attorneys fees. Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other levies which by law would be superior, and (b) the lien or charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment, and judicial or nonjudicial foreclosure as permitted under Georgia law. The Association may bid for the Unit, at the foreclosure sale and acquire, hold, lease, mortgage, and convey the Unit. While a Unit is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Unit shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would have beea charged such Unit had it not been acquired by the Association. The Association may sue for unpaid assessments and otl-{er charges authorized hereunder without foreclosing or waiving the lien secu~[ing the same. The sale or transfer of any Unit shall not affect the assessment lien or relieve such Up, it from the lien for an,',' subsequent assessments. However, the sale or transfer of any Unit pursuant to foreclosure of.; the first Mortgage shall extinguish the lien as to any installments of such assessments due prior to such sale or transfer. A IVlortgagee or other purchaser of a Unit who obtains title pursuant to foreclosure of the Mortgage shall not be personally liable for assessments on such Unit due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Units subject to assessment under Section 8.9, including such acquirer, its successors and assigns. 8.9. Date of Commencement of Assessments. The obligation to pay assessments ~Shall commence as to each Unit on the date which the Unit is conveyed to or occupied for residential purposes by a Person other than a Builder or Declarant. The first annual General Assessment and Neighborhood Assessment levied on each Unit shall be paid at the closing of the sale to a Person other than a Builder or Declarant. In the event the obligation to pay assessments accrues by virtue of occupation of a Unit fo: residential purposes, the first annual General Assessment and Neighborhood 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 8.12 for such 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 and Neighborhood Assessment shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Unit. 8.10. Failure tO Assess. Failure of the Board to establish 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 and Neighborhood 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 collections. 8.11. Exempt Property. The following property shall be exempt from payment of General Assessments, Neighborhood Assessments, and Special 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; (b) any property dedicated to and accepted by any governmental authority or public utility. 8.12. 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 expense, is incurred by the Association pursuant to this D~claration and the By-Laws. 8.13. Declarant's Obligation. During the Class "B" Control Period, Declarant shall fund an?' 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 (b) the amount of all actual expenditures incurred by the Association during the fiscal year, including afiy 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 STAaNDARDS 9.1. General. No structure shall be placed, erected, or installed upon any Unit or adjacent to any Unit where the purpose of the structure is to service such 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 approva'l; 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. Ail 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 the Declarant's written consent, so long as the Declarant owns any property which is subject to this Declaration or which may be unilaterally subjected to this Declaratic.: by the Declarant. 9.2. Architectural 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 Metnbers 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 charge 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 (5), 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 se~'e at the Declarant's discretion. There shall be no surrender of this right except in a written hnstmment 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 diszrerion. 9.3. General Guidelir~e$ and Procedures. (a) Design Guidelines. The Declarant shall prepare the initial Design Guidelines for the Properties. The Design Guidelines may contain general provisions applicable to all of the Properties, as well as specific provisions which vary according to land use and from one portion of the Properties to another depending upon the location, unique characteristics, and intended use. 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 Guidelines does not guarantee approval of any application, i The ARB shall adopt such Design Guidelines at its initial organizational meeting and thereafter shall have sole and full 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 appioved 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 Gpidelines 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 Design Guidelines may be recorded in the Public Records, in which event the recorded version, as it may unilaterally be amended from time 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) Procedure& 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 featut:es 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 complete application within ten (10) business days after submission of all information and materials re'asonably 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 z 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 APB. 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 b.v the ARB under this Article. Seasonal decorative lights may be used oqly 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. 6vhether suchportion bob BO0 1 :t i G 6 is improved o~ unimproved, except in strict compliance with this Article. This shall include without limitation, mailboxes; basketball hoops; swing sets and similar spor~s and play equipment; clotheslines; garbage cans; wood piles; swimming pools; docks, piers, boathouses, boat slips or wharfs; hot tubs; gazebos; playhouses; window air conditioning units or fans; solar panels; antennas; satellite dishes, or any other apparatus for the traramission or reception of television, radio, satellite, or other signals of any kind; and hedges, walls, dog runs, animal pens, or fences of any kind. Notwithstanding the foregoing, the Association shall regulate antennas, satellite dishes, or any other apparatus for the transmission or reception of television, radio, satellite or oth?r signals of any kind only in strict compliance with all federal laws and regulations. (d) Temporary or Detached Structures. Except as may be permitted by the Declarant during initial construction, or the ARB thereafter, no temporary or detached house or dwelling shall be placed or erected on any Unit. No mobile home, trailer home, travel trailer, camper or vehicle commonly known as a "recreational vehicle" shall be stored, parked or otherwise allowed to be placed on a Unit as a temporary or permanent dwelling. (e) Utility Lines. Overhead utility lines are not permitted, including lines for cable television, except for temporary lines as required during construction and lines installed by or at the request of Declarant. (0 Signal. No si~n of any kind shall be erected by an Owner or occupant without the prior written consent o~' the ARB except as provided in the Design Guidelines. Unless in compliance with this Article, no signs shall be posted or erected by any Owner or occupant within any portion of the Properties, including the Common Area, any Lot, or any structure or dwelling located on the Common Area or any Lot (if such sign would be visible from the exterior of such structure or dwelling as determined in the ARB's sole discretion). All signs must be professionally prepared. The ARB reserves the right to restrict the color, lettering and placement of all signs. This provision shall not apply to entry, directional, or.other signs installed by the Declarant or its duly authorized agents as may be necessary or convenient for the marketing and development of the Properties. (g) Window Treatments. Unless otherwise approved in writing by the ARB, ail xvindows 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 minLmum square footage of enclosed, heated and cooled living space for each Neighborhood in the Design Guidelines. Upon written request of an Owner, the ARB may waive such square footage requirement if, in the ARB's sole discretion, the resulting appearance of such residential dwelling will preserve the overall appearance, scheme, and design within the Neighborhood in which the Unit is located. (i) Water Ouali _ty and Erosion Control. The plans for each Unit shall compiy with the Peachtree City Erosion Control Ordinance and the Declaration of Easements. 9.5. Construction, period. The initial construction of all structures must be completed within one (l) year after i{;suance o~a building permit, unless extended by the ARB in its sole discretion. All other construction shall be corhpleted within the time limits established by the ARB at the time the projec: is submitted to the ARB for approval. 9.6.., No Waiver of Furore Approvals. Approval o~' 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 an3, similar proposals, plans and specifications, drawings, or other matters subsequently or additionally submitted for approval. 9.7. Variance. The ARB may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require, but only in accordance with duly adopted rules and regulations. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless in writing; (b) be contrary to this Declaration; or (c) estop the ARB from denying a variance in other circumstances. For purposes of this Section, the inability to obtain'approval of any governmental agency, the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance. 9.8. Limitation of Liability. Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations only and the ARB shall bear no responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes, other governmental requirements including without limitation the Peachtree City Erosion Control Ordinance, and the Declaration of Easements. Neither the Declarant, the Association, the Board, the ARB, or member of any of the foregoing shall be held liable for any injury, damages, or loss arising out of the manner or quality of approved construction on or modifications to any Unit. In all matters, the ARB, and its members shall be defended and indemnified by the Association as provided in Section 4.6. 9.9. Enforcement. Any member of the ARB or its representatives shall have the right, during reasonable hours and after reasonable notice, to enter upon any Unit to inspect for the purpose of ascertaining whether or not any structure or improvement is in violation of this Article. Any structure or improvement placed or made in violation of this Article shall be deemed to be nonconforming. Upon written request from the ARB, Owners shall, at their own cost and expense, remove such structure or improvement and restore the property to substantially the same condition as existed prior to the nonconforming work. Should an Owner fail to remove and restore as required, the Board may enforce the decisions of the ARB by any means of enforcement described in Section 4.3. In addition, the ARB shall have the right to enter the property., remove the violation, and restore the property to substantially the same condition as previously existed. Entry by the ARB or its representatives onto a Unit for the purpose of inspecting or enforcing compliance with this Article shall not constitute a trespass. All costs, together with the interest at the maximum rate then allowed by law, may be assessed against the benefitted Unit, and collected as a Specific Assessment which shall be subject to enforcement as set forth in Section 8.8. Unless otherwise specified in writing by the ARB, all approvals granted hereunder shall be deemed conditioned upon completion of all elements of the approved work and all work previously approved with respect to the same Unit in the manner approved, unless approval to modify any application has been obtained. In the event that any Person fails to commence and diligently pursue to completion al! approved work, the Association shall be authorized, after notice to the Owner of the Unit and ar. 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 Specifi: Assessment, which shall be subject to enforcement pursuant to Section 8.8. Neither the ARB, nor any member of the foregoing nor the Association, the Declarant, or their officers or directors shall be held liable to any Person for exercising the rights granted by this Article. 1:i. 0 Any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of this Article or the Design Guidelines may be excluded by the ARB from the Properties, subject to the notice and hearing procedures contained in the By-Laws. In addition to the foregoing, the Association shall have the authority and standing to pursue all legal and equitable remedies available to enforce the provisions of this Article and the decisions of the ARB. Article 10, USE RESTRICTIONS AND RULES 10.1. General Use Restrictions. This Article sets out certain use restrictions which must be complied with by all Owners and occupants of any Unit. The Properties shall be used only for residential, recreational, and related purposes (which may include, without limitation, model homes and sales offices for Builders, an information center and/or a sales office for any real estate broker retained by the Declarant to assist in the sale of property described on Exhibit ,~ or l~,xhibit 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 resider, ts 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: (i) such activity is engaged in full or part-time, (ii) such activit5' is intended to or does generate a profit, or (iii) a license is required. The leasing ora Unit shall not be considered a business or trade within the meaning of this Section. This Section sha'.l not apply to any activity, conducted by the Declarant or a Builder approved by the Declarant with respect to its development and sale of the Properties or its use of any Units which it owns within the Properties, including the operation of a timeshare or similar program. 10.3. Leasing. Units may be leased for residential purposes only for a minimum term of six (6) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, By-Laws, use restrictions, and rules and regulations of the Association. The lease shall also obligate the tenant to comply with the foregoing. The Board may require notice of any lease together with such additional information deemed necessary by the Board. 10.4. Rules and Re_oulatio, ns. In addition to the rules and regulatio{ns stated in this Article, the Board may, from time to time, without consent of the Members, promulgatel 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 ali Owners and occupants until and unless overruled, canceled, or modified in a regular or special meeting by a lVlajority o.f the Members, and the written consent of the Declarant, so long as the Declarant owns any property which is subject to this Declaration or which may be unilaterally subjected to this Declaration by the Declarant. 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: ;. (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 rules. No automobile or non-commercial truck or van may be le~t 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, minlbikes, 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) dayg 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 wilt 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 implrovements to the Unit, not to exceed one (1) year in duration, and then oniy during periods of actual consd-uction. 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 alt materials shall be neatly stacked or placed and an>' trash or waste materials shall be removed. SOO}{ 1 ~ .~ 0 ['dS:- ~ 5 ~ ., (b) All garbage cans shall be located or screened so as to be concealed from view or' 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 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. Animals and Pets. No animals, livestock, or poultry of any kind may bc raised, bred, kept, or permitted on any Unit, with the 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. Pets shall not be permitted in the Lake except in compliance with conditions established by Fayette County, Georgia. 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 4.3. 10.9. General Prohibitions. The following are strictly prohibited: (a) Guns. 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 1 I. 10. t I. Lake. The Lake shal[ be used only in accordance with the use restrictions promulgated by Fayette County, Georgia. No Person may use the Lake in any fashion for irrigation of a Unit within the Properties. The Association shall not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of the Lake or any pond, or streams within the Properties. 10.12. Wetlands. Alt 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. Notwithstanding 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 bb' the U.S. Army Corps of Engineers or any successor thereof r.~sponsible for the regulation of wetlands. 10.13... 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 "D?ainage Easement Areas" in the Declaration of Easements shall be subject to the terms of the Declaration o~f Easements, including without Iknitation 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 the terms contained in the Declaration of Easements, notwithstanding approval of the landscaping as set forth in Article 9. (c) No Person shall alter the grading of any Unit without prior approval pursuant to Article 9 of this Declaration. The Declarant hereby reserves 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. 10.14. Water Ouality Facilities. The Properties are located adjacent to the Lake 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 any drainage ditch, stream, pond, Water Quality Facility or the Lake 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 at points near the Lake which the Declarant or City will maintain puz~uant to the Declaration of Easements to assure performance of those facilities as intended. All areas designated in the Declaration of Easements or appearing on a recorded plat as "water quality facitities" shall be generally lea in a natural state, and any proposed alteration or landscaping of the Water Quality Facilities must be ia 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. The Square. Owners of Units in the Neighborhood known as The Point at Lake Kedron, as well as their families, tenants, guests, invitees, and pets, shall be obligated to refrain from any actions which would deter from the enjoyment of the Exclusive Corrmaon Area known as The Square by other residents of The Point at Lake Kedron Neighborhood. Prohibited activities shall include, but shall not be lknited to, maintenance of dogs or other pets under conditions which interfere with use of The Square by other Owners in the Neighborhood, playing of loud radios or musical instruments, holding of large gatherings without advance approval by the Board, and use of outdoor grills, cooking facilities, tents, or other temporary structures, stages, vending machines or facilities, except for events approved in advance by the Board. The Board may promulgate other ruleI and restrictions for the use of The Square. 10.~6. Sight Distance at intersections. All property located at street intersections or driveways shall be landscaped so as to permit safe sight across such areas. 10.17.., Subdivision of UniL No Unit shafi bc subdivided or its boundary lines changed after a subdivision plat including such Unit has been approved and filed in thc Public Records. Declarant, however, hereby expressly reserves the right to rcplat an)' Unit or Units which it or an)' Builder owns, with thc 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. 10.18. 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 cons!ruction 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. 10.19. 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. Fines may be levied against Owners or occupants. If a fine is first 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 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, as measured from any point on the common boundary along a line perpendicular to such boundary. However, in no event shall an easement for encroachment exist if such encroacl'u'nent occurred due to willful and knowing conduct on the part 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 an>' property which is subject to this Declaration or which may be unilaterally subjected to this Declaration by the Declarant, 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 to the extent reasonably necessary for the purpose of installing, constructing, monitoring, replacing, repairing, maintaining, operating and removing cable television systems, master television antenna systems, and other devices for sending or receiving data and/or other electronic signals; security and similar systems; roads, walkways, pathways and trails; lakes, ponds, wetlands, irrigation, and drainage systems; street lights and signage; and all utilities, including, but not limited to, water, sewers, telephone, gas, and electrici,.w, and utility meters; and an easement for access o~ vehicular and pedestri{n traffic over, across, and thr0~gh the Properties, as necessary, to exercise the easements described above. In addition to those easements granted in the Declaration of 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. If a conflict arises between this Declaration and the Declaration of Easements, the Declaration of Easements shall control. (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, ~!n connection with the orderly development of any property described on Exhibit A or ~. I (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 P/'operties, 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. (e) By the Declai'ation of Easements, Declarant has reserved certain easement rights and has granted certain easement rights to Georgia Utilities Company for a non-exclusive perpetual easement under, through, over and across certain Sanitary Sewer Easement Areas within the Properties, as more particularly described on E~ibit C of the Declaration of Easements, for installation, maintenance, repair and replacement of sanitary sewer lines. Tile rights granted include without limitation the rights to replace any existing sanitary sewer lines with lines of equal or larger capacity and to go upon the Sanitary Sewer Easement Areas to effect maintenance, repair and replacement of the sanitary sewer lines. In the event of a conflict between the Declaration of Easements and this Declaration, the Declaration of Easements shall control. 11.3. Easement for ..5lope Control, Drainage and Waterway 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) the Properties; drainage of natural or man-made water flow and water areas from any portion of (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 afl)' water areas or waterways within the Properties: and i i 0 :',aoE 6 G 3 (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. .4. Easements for Lake and Pond Maintenance and Flood Wa{er. fa) The Declarant reserves for itself and its successors, assigns, and designees the nonexclusive right and easement. 'but not the obligation, to enter upon th.e ponds, streams, and wetlands located within the Area of Common Responsibility to fa) install, keep, maintain, and replace pumps in order to provide water for the irrigation of any of the Area of Common Responsibil[~; (bi construct, maintain, and repair any structure retaining water; and (c) remove trash and other debris therefrom and fulfill their 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 any pond, stream, or wetland to the extent reasonably necessary to exercise their rights under this Section. (b) Declarant has reserved certain easement rights and has granted to the City certain easement rights for a 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, as more particularly shown on E.'chibk B of the Declaration of Easements. The easement rights granted 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 granted 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 and the Sanitary Sewer 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 Easement Areas, provided the area is restored to a neat and attractive condition to the extent practical, as soon as reasonably possible after completion of the activities authorized hereunder. Use or' the Drainage Easement Areas is limited to landscaping. Encroachment of structures into, over, or across Drainage Easement Areas is stric:ly prohibited. Landscaping in the Drainage Easement Areas is subjec: to removal in the reasonable discretion of Declarant and/or Civ:' in the ordinaW course of maintenance or' the drainage and water qualiv/ facilities. Such landscaping shall be installed in conformance with Article t. herein. In the event of a conflict between the Declaration of Easements and this Declaration, the Declaration of Easements shall control. (c) [n addition to the easements granted in the Declaration of Easements. the Declarant reserves for itself and its successors, assigns, and designees the nonexctusive right and easement, but not the obligation, to enter upon the Properties adjacent to the Lake to (ii construct, maintain, and repair an? Water Quality Facilir:', wall. dam, or other structure retaining water; (ii) remove trash and other debris therefrcm and ;~:lfill their v..,intenance responsibilities as providefl in this Declaration or the Declaratio::. of Easements: and (iii/ maintain and landscape the slopes and ba~ pertaining to the Lake. Att persor~ eatided :o exercise these easements shall use reasonable care in. ac.d repair any damage resulting from the intentional exercise of such easements. Nothing herein shall be construed to make Declarant or any other Person liable ~'or damage resulting from flooding due to hear?' 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 Prope~ies, or at any other time. (i) to release all or any portion of the Properties fi.om 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. I.t.5. Easer~ents 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 Corrtmon Asea for the purposes of enjoyment, use, access, and development of the property described in ~, 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 on such property. Declarant agrees that it and it~ successors or assigns shall be responsible for any damage caused to the Common Area as a result of vehicular traffic connected with development of such property. Declarant further agrees that if the easement is exercised for permanent access to such property and such property or any portion thereof benefitting from such easement is not made subject to this Declaration, the Declarant, its successors or assigns shall enter into a reasonable agreement with the Association to sh.~..-e the cost of any maintenance which the Association provides to or along any roadway providing access to such property, 11.6. Easement for Entry. The Association shall have the right, but not the obligation, and a l~erpemal easement is hereby granted to the Association, to enter all portions of the Properties, including each Unit, for emergency, security, and safety reasons. Such right may be exercised by the authorized agents, employees and managers of the Association, any member of its Board, the ARB, or committees. and its officers, and by all police officers, fire fighters, ambulance personnel, and similar emergency personnel in the performance of their duties. Except ixt emergencies, entry onto a Unit shall be only during reasonable hours and a~er notice to and permission from the Owner. 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 within a reasonable time alter request by the Board, but shall not authorize entry into any dwelling without permission of the Owner, except by emergency personnel acting in their official capacities. 11.7. Ea.sement.,s for Maintenance and Enforcement. Authorized agents of the Association shah have the right, and a perpetual easement is hereby grame~ to the Association, to enter ali portions of Properties, including each Unit to (a)'perform its maintenance responsibilities under Article 5, and make inspections to ensure compliance with this Declaration, any Supplemental Declaration, By-Laws. Design Guidelines and rules. Except in emergencies, entry onto a Unit shall be only during reasonable hours. This easement shall be exercised with a minimum of interference to the quiet enjoyment to Owners' property, and any damage shall be repaired by the Association at its expense,. The Association also ma,.; enter a Unit to abate or remove, using such measures as may be reasonably necessar/, 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 violator as a Specific Assessment, I t.8. [.areral SuppolX. Eveu po~.ion of the Common Area, ever/Unit, and any improvem=.-.: which contributes to the lateral support of another portion or' tlne Common Area or o~'another Unit shzi[ be burdene~i with an easeme=ii, for lateral support, and each shall also have the right to lateral support whic5 shall be acr~urtemnt to and p~ss with title to such probe.wv. I t.9. Liabilie.' For I,Jq, e nF Easements. No Owner shall have a claim or cause of action against the Declarant, i~ successors or assign, arising out o( the exercise or non-¢xer:[se of any.easement reserved hereunder or shown on any subdivision plat for thc Propc~ies. except in cases of ~viHfi~l or wanton misconduct. 11. t0. 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, ent-.~ainment, or sporting evenm, and other activities of general community interest. including without limitation the Tour of Homes, at such locations and times as Declarant, in its sola 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 othenvise, which would interfere with the exercise of such easement or to recover damages for or as the result of any such activities. Article 12. MORTGAGEE PROVISIONS 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 Action. 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 six .ty (60) days, or any other violation of the Declaration or By-Laws relating to such Unit or d-.e Owner or Occupant which is not cured within sixty. (60) days; (c) Any lapse, cancellation, or material modification oi any insurance polic7 maintained by the Association; or (d) Any proposed action which would require the consent or' a specified percentage of Etigibte Holders. 12.2. ~pecial FHLMC Provision. So long as required by the 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 Voting Delegates 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 tran.s(er all or any portion of the real prope.~y comprising the Common Area whic'.q :,he Association owns. directly or indirectly (neither the conveyance o~' proper'ty in accordance with See:ion 4.2 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 wi~in the meaning of this paragraph~; Co) Change the method of deten'nining the obligations, assessments, dues, or other charges which'h~ay be levied against an Owner of a Unit (a decision, including contracts, by the Board or provisions of any declaration subsequently recorded on any portion of the Properties regarding assessments for Neighborhoods or other similar areas shall not be subject to this provision where such decision or subsequent declaration is otherwise authorized by this Declaration); (c) By act or omission change, waive, or abandon any scheme of regulations or enforcement pertaining t0 architectural design, exterior appearance or maintenance of Uniu and the C~ommon Area (the issuance and amendment of Design Guidelines, architectural standards, procedures, roles 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 casualL3, insurance policies or secure new casual .ty 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. iqotice tO A~;~,'?ciatiorl. 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. Failure of Mortgagee tO Re~/F~oud. Any Motxgagee who receives a w.ritten 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 thir,:y (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. 12.6. Certstruction of Article. Nothing contained in this Article shail be construed to reduce the percentao,,,=, vote that must otherwise be obtained under the Declaration, By-Laws, or Georgia law for any of the acts set out in this Article. Article 13. DECLA. RANT'S RIGHTS 13.i. Transfer to Associagiorl. Any or all of the special rights and obligations of' the Declarant set f'or~h in this Dec!~ation or the By-Laws may be transferred in whole or in pan to the Association or to other Persoas. proqided that the transfer shall not reduce an obligation nor enlarge a right beyond that which the Declarant has u su=c this Declaration or the By-Laws. No suc,h transfer or assignment shall be effective unless it is ina w'ritten instrument si~ned bv the Declarant aid.duty ~esorded i,B,t~e~ Public Records. ' ' BOO}{ ! .~..~ 0}'~$E{..) l..) 7 13.2. ~. The Declarant and Builders authorized by Declarant may maintain and carry. on upon portio'ks of the Properties such facilities and activities as. in the sole opinion of the Declarant, may be reasonably required, convenient, or incidental to the development of the Properties and/or th~ construction or sale of UnlLL. incJuding, but not limited to, business offices, signs, model units, and sales offices. The Declarant and authorized Builders shall have easements for access to and u~;e of such facilities. 13.3. Improvements to ~ommon Areas. The Declarant and its employees, agents and designees shall also have a right and easement over and upon all of the Common Area for the purpose ~of making, constructing and. installing such anprovements to the Common Area as it deems appropriate in iLL sole discretion. 13.4. Additional Declarations. No Person shall record any declaration of covenantsi conditions and restrictions, or 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 signed by the Declarant and recorded in the Public Records. : 13..5. Amendmen't~. Notwid~tanding any contrary provision of this Declaration, no amendment to or modification of any use restrictions and rules or Design Guidelines made after termination of the Class "B" Control Period shall be effective without prior notice to and the wrinen consent of the Declarant, so long as the Declarant owns any property which is subject to this Declaration or which may be unilaterally subjected to this Declaration by the Declarant. 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 fa) forty. (40) 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. GENER.&L PROVISIONS 14.[. Duration,. fa) . 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 the 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 twen .fy-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 cite first twenty. (20) years after the date of recording by an instrument signed by O(vners of at leu: 90% of the total Units within the Propeaies, 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 wrinea consent of the Declarant. so long as the Declarant owns any prope~' which i~ subject to this Dec!aration or which may be unilaterally subjected to this Declaration by the Dez!arxnt. After twenty. (20~ '.,'ears from the date of recording, this Declaration may be terminated only b7 an instrument signed by Owners owning at least fifty-one percent (5t%) of the Units and constituting at least fifty-one percent (51 ,%) of the .tgtal 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 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. z (a) By Declaeant. Until term~ation of the Class "B" membership, Declarant may unillterally amend this Declaration for any purpose. Thereafter, the Declarant may unilaterally amend this Declaration at any time and from time 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 ,'vlor~gage Corporation, to make, purchase, insure or guarantee Nlortgage loans on the Units; or (iv) to satist'y 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 may be unilaterally subjected to the Declaration by the Declarant, 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 thc 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. e.~.q. 0994) and conforming this Declaration to any mandatory provisions thereof. Any such amendment shall require the wrinen consent of the Declarant, so long as the Declarant owns any property which is subject Id this Declaration or which may be unilaterally subjected to this Declaration by the Declarant. (c) By Member~. Except as otherwise specifically provided above and elsewhere in this Declaration, this Declaration may be amended only by the a~firmative vote or written consent, or any combination thereof, of Voting Delegates representing sixty-seven percent (67%) of the .total Class "A" votes in the Association, including sixt%seven percent (67%) oftke Class "A" votes he!d by Members other than the Declarant, and the written consent of the Declarant. so tong as the Declarant owns any property which is subject to this Dez!aration or which may be unilaterally subjected to this Declaration by the Declarant. 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 recordation in t~e 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 validIy adopted. In no event shall a change of conditions or circumstances operate to amend any provisioru of ',.his Declaration. No amendment ma>' remove, revoke. or modify any right or privilege of the Declaraqt or the Class "B" Member wit,hour the written consent ;[he Declarant. th~ Class "B" Member, or the assignee o~ 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 h~ ,he authorit7 to consent, and no contrac,' provision in an;,' .Mortg~gt~9.~ ~ntra.~t between the ~O~ner and a third party, will affect the validity o? such amendment. _.1 J i {-~ Pfi.'.S[' ~ 'b 9 800i 1 1 i in,..,.. ',-, (j ;'0 14.3.., Severabiliw. Invalidation of any provision of this Declaration, in whole or in pan, or any application of a provision of this Declaration by judgment or court order shall in no way affect other provisions or applications. 14.4. Alternative Disoute Resolution. It is the intent of the Association and the Declarant to encourage the amicable resolution of disputes involving the Propeaies and to avoid the emotional and financial cosr~ 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,~.*rievances or disputes_ mvol' v',n_g the Properties, including, without limitation, claims, grievances or disputes arising out of or relatin~ 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. Litigatiorl. Except as provided below, no judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by a vote of seventy-five percent (75%) of the Voting Delegates. A 'v'oting De!egate representing Units owned by Persons other than himself or herself shall not vote in favor of bringing or prosecuting any such proceeding unless authorized to do so by a vote of Owners holding seventy-five percent (75%) of the total votes attributable to Units in the Neighborhood represented by the Voting Delegate. 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 8; (c) proceedings involving challenges to ad vaDrerrl taxation: (d) counter-claims 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. The provisions of this Declaration shall be cumulative with any additional covenap.,ts, restrictions, and declara'Jons applicable to any Neighborhood, and the Association may, but shall not be required to, enforce the covecants, conditions, and provisions applicable to any Neighborhood: provided however, in the event of a conflict bep.veen or among this Declaration and such covenants or restrictions, and/or the provisions of any articles of incorporation, by-laws, rules and re~lations, policies, or practices adopted or carried out pursuant thereto, this Declaration, the By-Laws, A~icles, and use restrictions and rules of the Association shall prevail over those of any Neighborhood. The foregoing priorities shall apply, but not be limited to, the lien for assessments created in favor of the Association. Nothing in this Section shall preclude any Supplemental Declaration or other record~.d declaration, covenants and restrictions applicable to any portion of the Properties from containing additional restrictions or provisions which are moi'e restrictive th~ the provisions of this Declaration, ar, d the Association shall have the standing and authority, to enforc= the same. [4.7. U~e of Neighborhood Name~. No Person shall use :he names o[' Neighborhoods in LoZ-:e Kedron with relation to the Proper-ties or any derivative in any printed or promotional material without the Declarant's prior written consent. However, Owners may use the Neighborhood name ~ printed or promotional matter where such te,wn is used solely to speciN.' tha~ particular prope:'D', is located within a cer,.ain Neighborhood in Lake Kedron. 14.8. "Compliance. Every Owner and occupant of any Unit shall comply with the Governing Documents. Failure to comply shall be grounds for an action by the Association or by any aggrieved ., 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 4.3. 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 Boffrd at least seven (7) days' prior written notice of the name and ~.ddress of the purchaser or transferee, the date of shch 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. 14.10. Exhibits. Exhibit A, Exhibit B and Exhibit C attached to this Declaration are incorporated by this reference. Amendment of l~xhibit ~ 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 as provided therein or in the provisions of this Declaration which refer to such exhibits. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this 26 day Of l~Iov~mh ~'C , 1996. Signed, sealed, and delivered in the presence of ~Oitness PEACHTREE CITY HOLDINGS, L.L.C., a Georgia limited liability company " COUNTERPART SIGN'ATURE PACE to be attached to DECLARATION OF COVENANTS, CONDITIONS geNT} RESTRICTIONS FOR LAKE KEDRON COMMUNITY ASSOCIATION, INC. ' by PEA'CHTREE CITY HOLDINGS, L.L.C. The undersigned lender does hereby consent to the greet by Declarant of the within and attached covenants, conditions, restrictions and easements and does hereby agree to subordinate its interest such that the foreclosure of said instruments shall not affect or eliminate said covenants, conditions, restrictions and easements. IN WITNESS WHEREOF, the undersigned Lender has signed, sealed and delivered this Consent of Lender this 26th day of l, lovember , 1996. Signed, sealed and delivered in the presence of: Notary. Publ~L~.~' ..".:' .i : {NOT'-ARY SEAL) '::'. "~ ,b' ~ LtG ' ' [ly. cg~ission expires: M't Co~ls~ ~piras Ma't 9, IS~9 PEACHTREE NATIONAL BANK Name: Thomas E. Farr Title: Executive Vice President Name: William C. Crowley Title: Vice President Neighborhood Desi.nadon: Laad rnltiaUy Submitted Albemarle All that tract or parcel of land I'ying and belng in Land Lots 123 and 134 of the 7th Distr;ict. City of Peachtree City, Fayerte County.. Georgia. as shown on plat of survey captioned "Final Plat of Albemarle" by Southeastem.,Engineers, W.S, Bodkin. Georgia Registered Land Sutw'eyor No. 2580. dated October 3 I. 1996, as last revised November 1. 1996. filed November 8. 1998 and recorded in Plat Book 28. Pages 119 through 121 inclusive. Fayerte County. Georgia Records, which plat is incorporated heFein by this reference and made a parc of this description. LESS AND EXCEPT any streets, rights-of way, alleys, cart paths, water courses, drains: easements. greenbehs and public places dedicated on the plat to the City of Peachtree City, ,~=::,,~::.~ .: E, xhibi~..-k - Page t of t ! L~nd Subject to Annexat~00}( .~ ! J. 0,nAn..oE' {; '7:1 .-LLL TtL-kT TRACT OR PARCEL OF L-kND lying and being in Laz. d Lots 123,124 and 1.34, 7th District, City. of Peachtree City, Faye::e County, Georgia and being more parficu[arly described as foilo~vs: Beginning at the mitered intersection o~'the Nonheasterb! dght of way o~'Kegents Park (100'Rt%V, Under Construction) ac.d the Southeasterly right of way of Geo rgiaq Park (130'R.n,V). THENCE along a curve to the le~ having a radius o/' i0 tS.00 feet and an arc len~h of 500. t5 fee.',' ' · ..... oe:ng subten~e~ oy o~'Nor~h .37 degrees .39 minutes 51 seconds F,ast i'or a distance 495.10 feet along the Southeasterly fight o~'way o~'Georgi,-n Park to an iron pin set. THENCE South 69 degrees 11 minutes 52 seconds East For a distance of 94.64 feet to an tron pin set. THENCE South 53 degrees 59 .minutes 58 seconds Eas~ distance of 93.05 feet to an ,ron pin ..'::. THENCE South 80 degrees 26 mcr. utes 2'i secoeds East for a distance of 3 t.68 fee,. to mq tron pin se:. TD..T. NCE South 74 degrees 'I I minutes 41 secoeds East :'ar a distance of 57.72 feet to an ,roa pin se.,. TI~NCE North, 89 degrees .35 minutes .3.3 se:ands F. as: For a distance o[' l 1.44 fee,. to an trofi pin se'.. T.r"~NCE South 70 degrees 39 minutes 59 seconds ,,asr distance o~'48.20 tee,' to an trort pin se.'. THENCE North 8,5 degrees 18 minutes 39 seconds Ease :'er 2 dist0z.-.ce of !.8.59 Fee: to an tron pi= se:. "LT-ENCE South. S0 de~,'ees 27 mia,..::es 23 secO, ntis =-s' ::ar distance o~'43.34 ,'--' to an ~ron pin se:. T'r~_NCE South 7l degrees 49 mia, utes 28 secccds East distance ~r ,o '~,, 'OL'-r..-'~- t~. tO ~ I['Ofl pin se:. Ti--LT. NCE South 79 degrees 58 minutes 37 seconds ,,2s~ 5ct dist.,ace of'49.4[ fee: to an tron pin set. T'rr~NCE No~h 88 degrees 13 minutes 13 seam:ds ,,asr distance 0~'42.4'; fee: to an tron pin se:. Ti-,L'FNCE South S2 degrees 40 re,autos 27 seconds --as: 5c: .a distance of 61.29 fee: to ~ ,rca pin se:. ~,-;~NCE Soutk 8.z' degrees 06 - ',- 29 sec:ads E2s: dis~ce O.F 57.78 Ice: :0 an ~ron pin se:. T'?~----':'. fCE .N'er'J'x S0 d:g..'ees 30 mw, utes i6 safer, ds ,,~: ';--.~ o '.' '7~ .-"=o, · afl ' - · C.at~qC.,~r-.9.- = .... O .ron ri n T?.T.5 Ct. Soum ~ ~ de~'..s 20 re,autos .39 se:ands --lit c..:_;c. 0.."'.33.32 --oo" :o ~q iron pin se:. . ............... ,.: Exhib!: B - p'~=e t or' 3 TH~EN'CE South 24 degrees 17 minutes 14 seconds East for die.ce of'~.2.99 feet to an iron pin set. 'r~-D~NCE North 66 de~ees 52 minutes 3'~ seconds E.~st for distance of 55.02 feet to an ~ron pin set THENCE North 86 de~ees 50 rmnutes 38 seconds East for distance of 41.83 feet to an u'on pin set. Tt-IENCE North 34 de.re'eec 28 rrunutes 24 seconds East for distance of 45.25 feet to an iron pin set. TI-IENCE North 53 degrees 12 rmnutes 50 seconds East for distance of 24.95 feet to an iron pm set. THENCE North 79 de~ees 29 minutes 39 seconds East for distance of 64.49 feet to an iron pin set. THENCE North 81 degrees 52 minutes 06 seconds Eas; for distance of 42.49 feet to an ~ron pm set, TI-iENCE South 60 degrees 57 rmnutes 48 seconds East for distance of 22.12 feet to an Lron pin set, THENCE North 66 de~ees 13 rmnutes 05 seconds East distance of 58,39 feet to an iron pm set, THENCE North 74. de~ees 19 minutes 07 seconds East for distance of 12.87 feet to an tron pin set, THENCE North 74 de~ees 19 minutes 07 seconds East for dictate of 42.34 feet to an iron pin set, THENCE North 76 degrees 41 minutes 36 seconds East (or distance 0['63.34 feet to an ~ron pin set. THENCE North 77 degrees 07 minutes 2.2 seconds East for distance of 44.64 feet to an tron pin set. 'I-r[ENCE South 17 deg.,'ees 24 minutes 27 seconds East (or distance of 39.53 feet to an tron pin set. TH]ENCE South 08 de~ees 04 minutes l.c seconds West distance of 69.30 feet to ~lron pin set. THENCE South 79 de~ees 20 minutes 53 seconds East r'or distance of 81.25 feet to ~ tron pin set. THENCE South 36 de~ees 39 minutes 04 seconds Eas~ %r distance of 146.53 feet to mq iron pin set. THENCE South 12 de~ees 24 rmnutes a2 seconds Eas~ for distance of 61.90 feet to an iron pin set. THaENCE South 02 de~ees 15 minutes 55 seconds West distance o~' 12!.23 feet to an h'on pin set. T' ~er~-NCE South 33 de~ees 07 mtv, c:es 54 seconds Eas~ dis~=.'~ce of2l [.l t &et to an iron pin se:. TFLTNCE South 50 degrees 11 minutes 5-.' seconds Easz distance of 65.99 ~et ~o a~q iron pin se:. '[-HaENCE South 25 de~ees !5 minutes 35 seconds E~: dis:~_,,ce of 72.54 feet to a 5,'hinch rebar r'cund THEN'CE South 32 degrees 43 minutes 31 seconds East t'or a dish.ce o~72.86 t~et to a 5/ginch rebar ~NCE South 42 de~ees 38 m~nutes dish.ce of 30.98 &et to a 5/8inch reb~ found. T~NCE South 52 de~e~s 04 ~nu~es dist~ce of 66.00 feet to a 5/8~ch reb~ t%und. ' ; ~NCE South 36 de~.ees 55 ~nutes 16 seconds E~s~ [or a dish,ce o~83.24 to ~ iron ~in sec T~NCE South 69 de~ees 01 minutes 16 seconds East tbr a dist~ce o~39.95 feet to a 5/Sinch reb~ found. ~NCE South 79 de~ees 32 minutes 18 seconds East t~r a dist~ce o~74.37 fee= to a 5/Sinch reb~ found. ~NCE Sou~h 12 de~ees 14 minutes 08 seconds East for a disr~ce of 85.71 feet to a 5/Sinch reb~ t~und. ~NCE South 71 de~ees 1 l ~nutes 10 seconds West ~or a dist~ce o~31.94 feet to ~ ~on pin sec ~'CE South 41 de~ees 42 ~nutes 13 seconds East t~r a dist~ce of 43.06 feet to a 5/Siach reb~ found. ~NCE No~h 80 de~ees 52 minutes 03 seconds East for a distance of 20.59 leer to a 5/8~ch rebar Found. ~NCE South 47 de~ees 50 ~nutes 09 seconds East t~r a dist~ce of 59.96 feet to a 5/Sinch rebar ~ound. ~NCE South 76 de~ees 34 ~nutes 32 seconds West (er a dist~qce of 58.57 t~et to ~ iron pin sec ~NCE South 53 de~ees 53 minutes 48 seconds West t~c a distance o~39.28 ~eer to a 5/SNch rebar t~und. ~NCE No~h 82 de~ees [~ minutes 27 seconds East for distance o~tl7.77 feet to a 5/Sinch rebar found. ~NCE South 34 degrees 56 minutes 58 seconds Eas~ t~r 2 distance o(56.67 ~eet to a 5/8~ch rebar ~ , tOU~d, ~NCE Seuch 07 de~ees 30 minutes t3 seconds Wesc diz~ce ot85.65 leer co a 5/Siach rebar ~ , ,ound. ~'CE South 09 de~e~s 16 minutes 34 seconds Ease (or a dist~ce o(~35.12 feet to ~ iron pin set. ~NCE South ~ I de~ees ~ minutes 15 seconds East tbr a dist~ce of 39.04 feet to a 5/Sinch rebar tbund. ~NCE South 24 de~ees t6 minutes 13 seconds East For a '', ~ '"v~ iron pinse:. ~'CE Sou~h 4] de~e~s O~ minutes ~'CE South 36 de~ees 36 minutes distance of 62.89 (eec co a 5iSinch rebar Found. ~[. ~NCE Somh 85 deo~ees=, al, minutes 30 seconas disc~zce of gr.75 Fee: co a 5/Sinch rebar Found. 676 Exhibit TF~NC~ South 82 degrees :4 minutes 49 seconds West for ~ dist~ce of6T.5 t t~et to ~ ~on pin ~. ~NCE Sou~h ~7 degrees 02 ~nu~es ~ ~ seconds Wes; for a dist~ce of 59.83 t~et to ~ iron pin sec ~NCE South 53 degees 43 minutes 27 seconds Wes; t~r a dist~ce o~40.07 ~et to a 5/8~ch reb~ tbund. ~NCE South 30 dege~s 03 ~nutes 47 seconds West for a dist~ce o~a~.68 t~et to a ~/Smcn reb~ found. ~NCE South 27 de~ees 07 ~nutes 35 seconds West for a dist~ce of 66.89 gee: to a 5/Sinck rebar found. ~NCE South 21 de~ees 25 minutes 48 seconds Wes; for a dist~ce o~84.36 feet to a 5/Sbch rebar found. ~NCE South 67 de~ees 42 minutes 08 seconds Wes; Eot a dist~ce oE 16.8~ feet to a 5/Sinch reb~ found. ~NCE South 08 de~ees 22 ~nutes 09 seconds Wes; Eot a dist~ce of 32.75 fee: to a 5/8~ch rebar t~und. ~NCE South 6B donees 0B ~nutes 38 seconds East for a dist~ce o612.40 feet to a 5/Sinch reb~ r~und. ~NCE South 11 donees t4 minutes 5 t seconds West for a dist~ce of 147.62 feet to a 5/8inch rebar found. ~NCE No~h 76 de~ees 58 minutes t4 seconds Wes~ goc a distance o620.72 feet to a 5/Sinch rebar found. ~NCE South 20 donees 10 minutes 02 seconds West for ~ dist~ce of 10t.95 feet to a 5/Sinch rebar tbund. ~NCE South t0 degrees 47 minutes 57 seconds West t~r a dis~ce of 40.02 fee: to a 5/Sinch rebar found. ~NCE South 38 de_r..=2 =*' 37 minutes 47 seconds Wes~ ret' .~ dish.ce of 61.51 fee: to a 5/Sinch rebar found. T~N'CE South 25 degrees 39 minutes 53 seconds Wes: tbr a distance of 5 t.67 fee: to mq iron pin sec T~NCE South 22 de~ees 47 minutes 45 seconds West r~c ~ distance o~40.07 feet to ~ iron pin set. ~NCE No.h 78 donees 27 minutes 37 seconds West ~r a dist~ce o6 109.g7 feet to ~ iron pin set. ~NCE South 47 donees 25 minutes 03 secoeds East for a dist~ce og t t0.55 gees to a 5/8~ch rebut %und. ~NCE South 48 de~ees 04 minutes 26 seconds Wes~ rSr ~ dtst~qce o~ 74.79 tees ~o a ~Smcn rebar found. ~5;CE South t~ donees 33 minuses 26 seconds Wes; for z distmqce of ~0877 r~e: co a 5/Sinch rebar gound. ~NCE No~h 67 de~-ees 37 minutes 5~ iecaeds Wes~ :icc z mst~q~e ot 4o.oJ fee: ~o ~ :/Smcn rebar Found. ~'CE South J~ de~ees 03 minu~es ~ seconds E~s~ '7,~ = B00x J. 1 i Li? s U :7 ? 1 .! THENCE South 58 degrees 14 minutes 26 seconds East For a distmce o['27.03 Feet to a 5iSinch rebar found. TI--fENCE South 14 degrees 16 rrunutes 42 seconds West for distance of 70.95 feet to a 5/Sinch rebar found. THENCE South 65 degrees 1.3 minutes 27 seconds West ~'or distance of 19.55 feet to a 5/Sinch rebar found. THENCE South 02 de~ees 43 rmnutes 09 seconds East ."or a distance of 57.53 feet to a 5/Shach rebar found. THENCE South 05 de~ees 40 rmnutes 52 seconds West for distance of 317.07 feet to a 5/Sinch rebar found. THENCE North 65 de~ees 40 rmnutes 05 seconds West for distance of 123.37 feet to a.n iron pin set. THENCE North 37 de~ees 05 rmnutes 25 seconds West for distance of 70.64 feet to an iron pin set. THENCE North 20 de~ees 16 rmnutes 35 seconds West for distance of 34.91 feet to a 5/Sinch rebar found. THENCE North 45 de~ees 37 minutes 33 seconds West ['or distance of 73.92 feet to a 5/Sinch rebar found. THENCE North 03 degrees 28 minutes 09 seconds West [or distance of 66.36 Feet to a 5/Sinch rebar found. THENCE North 19 de~re~_ 09 rrunutes "4_. seconds Wes: for distance of 47.82 feet to an iron pin set. THENCE North 60 de~ees 27 rrunutes 30 seconds West for distance of 30.15 tCeet to an iron pin set. THENCE NoFth 76 de~ees t3 rmnutes 3 ! seconds West flor distance o~' 1.02.40 feet to a 5/$inch rebar found. THENCE No~h 20 de~ees 34 minutes 54 seconds West for dist~ce oF50.59 feet to an iron pin set. TH:ENCE >;orrh 00 degrees 54 minutes 4 [ seconds East distance of 35.94 Feet to a 5/Sinch rebar Found. TKF. NCE South .30 decrees [4 ~nutes 3 t se:ands u.'~. ,."or distance of 62.93 feet to a 5/Sinch rebar Found. 'Fr-~NCE South 85 degrees 36 minutes 05 seconds West ~'or distance o~ 109.68 feet to a 5/Siach rebar found. TI-fENCE No~h 07 de~ees 09 minutes 06 seconds East [or a distance oF62.3 t feet to a 5/Sinch rebar found. THENCE North 68 de~ees 58 minutes 58 se:onds West for distance of 3 [.4!. Feet to mn iron pin set. T'B_W_NCE x' ' 84 _ ' .,or:n de~ees 57 mizutes 35 seconds V,,'esr. dist~ce oF72.67 £eer to an iron pin set. TheNCE South 75 degrees 27 minutes 43 seconds West :~cr distance of 4Z 53 ~.~, to a 5tSinch rebar" ' · ~. tounG. THENCE South 7t de~rees 26 minutes ;9 seconds V/esr. for distance erSt.fa ~%,: to ~ ken pin se:. G'78 THENCE Noah 78 donees 3 t minutes 02 seconds Wes: For distance o~86.19 Ir'eot to a 5iSinch rebar found. THENCE Noah 1 l degrees 29 minutes 53 seconds West for distance or' 39.0l feet to a 5/Sinch rebar found. THENCE South 48 degrees 30 rmnutes 55 seconds West for distance of 62.97 feet to a 5/Sinch rebar found. 'rI-t~NC£ North 73 degrees 47 rmnutes I0 seconds Wes: t'or distance o~' !.91.34 feet to a 5/Sinch rebar found. IHENC£ North 66 donees 42 minutes 15 seconds Wes: for distance of 95.92 feet to a >/8 nco rebar found. TI-[ENCE North 20 donees 01 minutes 3.3 seconds West for distance of 99.97 t'eet to a 5/Sinch rebar found. THENCE North 67 donees 45 minutes 51. seconds Wes: ,rot distance of 42.74 feet to a 5/Sinch rebar found. THENCE Noah 70 donees 18 minutes 07 seconds West :'or distance of 49.57 feet to a 5/Sinch rebar ~ound. THENCE North 87 de~ees 08 minutes 28 seconds Veesr for distance of 100.66 feet to a 5/Sinch rebar ~'ound. THENCE North 4.1 de_grees 50 minutes 5;' seconds Wes: for distance of 48.16 t'eet to a 5/Sinch rebar found. THENCE North 54 donees 50 minutes 59 seconds Wes: :'or distance of 38.21 feet to a 5/Sinch rebar found. THENCE North 55 degrees 20 minutes 14 seconds Wes: far distance oi:' 188.50 feet to an iron pin se,'. THENCE North 19 degrees 49 minutes 54 seconds Wes: For distance o~'66.74 feet to an iron pin se:. 'F'rt~ENC E North 85 degrees_ 19 minutes 52 seconds W~,,' ~<' for distance of 143. [5 feet to an iron pin set. 'F'r-~NCE Noah 85 de~ees 39 minutes 17 seconds West/.er distance of'gt.70 tee', to ?.n iron'pm set. 'D-[ENCE South 85 donees 02 minutes 02 seconds We.<.'. flor distance c-- , ot o>.9,+ feet ro an iron pm se:. TF[ENCE North 8 l donees 28 minutes 41 seconds West flor d[sta.nce o~'72.07 feet to an iron ,~m se:. THENCE Noah 43 donees 40 minutes 04 seconds West for distance o~'99.45 feet to an iron pm set. T'N~.";CE bioah 46 donees 58 minutes x; seconds Wes: for distance or'93. [5 feet to an iron pm se:. 'V'~,.~. C~ Noah-,~.'" a~,~ _~3 minutes ' ' seconds ~,'~ ~'~., :'or ~.~,=,c~ or' t [5.08 ~ee: ro an iron pm set. ' ' '- ' ~'' 2'5 1. t-'w. NC~- North 67 ce~'ees ~-, minutes seconds ~,~,'es~ for distance 0/'92.79 Fee,' to mn iron gin tTP-~NCE Noah 8a dem~ees 34 .'nmutes 0S se:ands West ,...~,_.c~ cf iG034 5eec .'.o an iron pin se:. TH~,N'cE .N'or~h :3 de~rees 13 minutes I-.' ~econds East :'or dist~ce o~"l~2.61 l'eet to an iron l~m se',. 'FFI~'cE Nordx ?- de~¢es 09 minutes ,~0 seco~ds E:ts~ ~'or distance of'429.49 Feet to an iron pin se:. T'-riEN'CE N'or~h 55 degrees 27 minutes 59 seconds West ~'or distance of 316.94 Feet to art iron pin se:. ~'CE North 31 de~e~s 2t minutes 0.3 seconds West for distance of t 16.67 feet to an iron pin set.i TJ-~NCE North 15 de_.grees 14 minutes 45 seconds West .~er a distance o~'259.79 feet to an iron pin set. TI-IE-N'CE North 74 de~ees 45 rmnutes 15 seconds East ~'or a distance ot'514.89 feet to an iron pm set. TFiENCE along a curve to the let~ having a radius of 10!5.00 feet and an arc len~h of 230.77 feet, being subtended by a chord of North 68 de~ees !.4 minutes 27 seconds East For a distance of 2.30.27 feet to an iron pin set at the mitered intersection of the Southeasterly right of'way oFOeor~an Park and the Southwesterly right of,,va¥ of Regents Park (under construction). TFYENCE South 75 de~ees.3 t minutes 3 t seconds East for a distance of 65.40 fee', along the miter to an iron pin set. THENCE South .33 degrees 14 minutes 45 seconds East .,'or a distartce 0f260,07 Feet to ~ kan pin se,.. THENCE South 33 degrees 14 minutes 45 seconds East ~'or a distance oF329.69 feet to an iron pin se:. THENCE South 33 de~ees t4 minutes -'.5 seconds East For a distance of 20.48 feet to ~ iron pin se',. TI-[ENCE along a curve to the lee having a radius oi' 300.C,3 feet artd an arc len~h 0['36.36 Feet, being subtended by a c~,¢rd oFSouth 36 dee'.ecs a] minutes 06 seconds East ."or a distance er' 36.34 gee~ to an iron pin se',. THENCE ,dong a cur%'e to the le~ having a radius Fee: and a:~ acc lea~h o~' 166.79 fee:, being subtended bFa cb. etd o~'South 56 de~ees 07 minutes 04 seconds East For a distance of 154.65 Feet to an iron pin se',. THENCE South 72 de_m-ecs 02 minutes .z't seconds East For a distance oF266.52 Feet to an iron pin se:. TFiENCE along a cu~ze to the right having a radius gee', and a.q arc len~h oggt.62 tee:, being, subtended by a o(South. 58 degrees 55 minutes 16 secones Ezs~ ~'or a dista.:.ce or' 90.8~ gee', to an iron pin se:. T'r~.q:.x,'CE South. 04 de~ees 49 mint:res zO seconds West ."or dist~ce or'43.57 r'ee: ~o ,,~. iron Fin T~r-~.NCE Nort. h '.-4. de~ees 32 minu~es ~5 seconds East for dist~-.ce or` [da. :. t Fee: to ,,,n iron pin se:. 680 Exhibk 3 - Page TFIENCE South 83 degrees 56 minutes ZB seconds West for a distance of.,x4.77 feet to an iron pin set. Ti-I~NCE along a curve to the le~ havin~ a radius of 300.O0 tee,' and an arc len~h of 1.37.43 feet, being subtended by a chord of North 58 degrees 55 minutes 16 seconds West for a dist~ce 136.23 Feet to an iron pin se,'. TFZENCE North 72 de~ee.s 02 minute~ 41 seconds West for distance of 161.87 feet to an iron pin se:. THENCE North 72 donees 02 minutes 4l seconds West for distance of 104.66. fleet to an iron pin se.,. TI-~NCE along a cu~'e to the right having a radius of 200.00 Feet and an arc len~h of t35.43 feet, being subtended by a chord of North 52 degrees 38 minutes 43 seconds West for a distance oC 132.86 fleet to an iron pin set. THENCE North 33 de_re'ecs 14 minutes 45 seconds West t'or a distance oF350.14 Feet to an iron pin set. TH[ENCE Notxh 33 degrees 14 minutes 45 seconds west for a distance of 278.00 feet to an iron pin set. THENCE Noah 13 de,m'ees .08 minutes 26 seconds East for a distance of 44.20 feet along the mitered intersection to an iron pin set, said point being the ?OB'I OF BEG[N~'TNG. Together with and subject to covenants, easements, and restrictions of record. Said property contains 122.57 acres more or less. LESS AND EXCEPT the 'Land [nitiall?' Submitted. as more pardcula;[?' desc:ibed on [Xhihic -k to this Declaration. After recording rcturn to: FI L E D 6, R E C 0 R D E D M. Maxin= Hicks'' Corer. Bcauchamp, Stradley & Hicks, LLP FAY£'TTI~ 99 West Paces reft7 Road, N.W. ,quite 200 Atlanta, Georgia 30305 STATE OF GEORGIA '96 OEC 23 PIq 3 03 W.A. BALLARD. CLERK COUNTY OF FAYETTE Reference: Declaration of Covenants, Conditions and Restrictions recorded in Deed Book 1110, Page 625, in Fayeue Count, Georgia Records SUPPLEI~FENTAL DECLARATION OF COVENANTS. CONDITIONS. AND RESTRICTIONS FOR PEACHTREE CITY HOLDINGS. L.L.~. THIS SUPPLEMENTAL DECLARATION is made this 18th day of December, 1996, by Peachtree City Holdings, L.L.C., a Georgia limited liability company (hereinafter referred to as "Declarant"). WITNESSETH: WHEREAS, Declarant prepared and filed of record that certain Declaration of Covenants, Conditions, and Restrictions for Lake Kedron Community Association, Inc. in Deed Book 1110, Page 625, et seq., in the Fayette County, Georgia Records (herein referred to as the "Declaration"); and WHEREAS, pursuant to the terms of Section 7.1 of the Declaration, the Declarant may submit certain additional property described on Exhibit B of the Declaration to the terms of the Declaration; and WHEREAS, Declarant is the owner of the real property described on Exhibit A attached hereto ("Additional Property"); and WHEREAS, the Additional Property is a portion of that property described on ~ to the Declaration; and WHEREAS, the Declarant desires to submit the Additional Property to the terms of the Declaration; NOW, THEREFORE, pursuant to the powers retained by Declarant under the Declaration, Declarant hereby subjects the real property described on Exhibit A hereof to the provisions of the Declaration and this Supplemental Declaration, which shall apply to such property in addition to the provisions of the Declaration. Such property shall be sold, transferred, used, conveyed, occupied, and mortgaged or otherwise encjJmbered pursuant to the p. Fovisions of this Supplemental Declaration and the Declaration, both of which ;~hall run with the title to s~ch property and shall be binding upon all persons having any right, title, or any interest in such property, their respective heirs, legal representatives. successors, successors-in-title, and assigns. The provisions of this Supplemental Declaration shall be F:~W P 5 p,D ATA'~RF~D'tPCD'~KEDRON~,CC RS U p p. ~ I binding upon t'~e Lake Kedron Community Association, Inc. in accordance with the terms of the Declaration. ARTICLE I Definitions The definitions set forth ia Article I of the Declaration are incorporated herein bY reference. ARTICLE II Declaratioll Except as -qpecificall7 amended hereby, the Declaration and all terms thereof shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned Declarant has executed this Supplemental Declaration the day and year first above written. DECLARANT: PEACHTREE CITY HOLDINGS, L.L.C., a Georgia limited liability company Signed, sealed and delivered in the presence of: s,~ITNESS PUBLIC '_ .... . : '~[~'Co~bsion Expires: : ' '> Notac/Publ~, Coweta Count, [ .~ ~ [~ ~y ~mml~c6 ~plres Au~ 15, 1999 By: LO,.-',- %3.f Name: Title: F:'2~' P~ I \D ^T^ ~ R E D',PC D',K.~D RO N' C C RSU PP.01 2 Additional Property Neighborhood Designation: The Point at Lake Kedrorl All that tract or parcel of land lying and being in Lahd Lot 123 of the 7th District, in the City or' Peachtree City, County o~' Fayette, being The Point at Lake Kedron, Phase One, and being more particularly shown on the "Final Plat of The Point at Lake Kedron, Phase erie", by Southeastern Engineers, W. S. Bodkin, Georgia Registered Land Surveyor No. 2580, dated December 2, 1996, filed December 13, 1996 and recorded in Plat Book 28, Pages 158 through 160 inclusive, Fayette County, Georgia l~ecords. F:~WPSPD.&TA',Rr.D~PCD~KEDRON~CCRSUPp O! : : D'J U ~, ~ '