DECLARATION OF COVENANTS AND RESTRICTIONS FOR
<br /> CRABAPPLE WOODS, PHASE I
<br />THIS DECLARATION is made as of the 29th day of Septemb0r ,19 97 by
<br />PEACHTREE CITY HOLDINGS, L.L.C., a Georgia Limited Liability Company (hereinafter called
<br /> WHEREAS, Declarant owns certain lots and blocks of lots (hereinafter collectively referred
<br />to in the singular as a "Lot" and in the plural as "Lots") and surrounding properties located in Land
<br />Lots 154 & 155 of the 7th District of Fayette County, Georgia which property is more particularly
<br />shown on that certain plat of survey of Crabapple Woods, Phase I Subdivision, recorded
<br />in Plat Book 29 at Pages 166 and 167 , Fayette County, Georgia records (hereinafter
<br />referred to as the "Property"); and
<br /> WHEREAS, Declarant desires to establish certain covenants and restrictions pertaining to the
<br />ownership, development, use and enjoyment of the Property.
<br /> NOW THEREFORE, for and during the term hereof, as hereinafter stated, be it hereby
<br />declared that the Property is subjected to the covenants, conditions and restrictions as follows:
<br /> 1. RESIDENTIAL PURPOSE. Without specific written approval from Declarant no
<br />portion of the Property shall be used except for residential purposes; provided, however, that a
<br />commercial builder may use a residential dwelling constructed by it on a Lot for a sales office so long
<br />as it is actively offering for sale houses that it constructed on the Property.
<br /> 2. ARCHITECTURAL GUIDELINES. ANY STRUCTURE OR IMPROVEMENT
<br />CONSTRUCTED ON ANY LOT, WHETHER TEMPORARY OR PERMANENT IN NATURE,
<br />SHALL BE DESIGNED AND BUILT IN ACCORDANCE WITH THE ARCHITECTURAL
<br />GUIDELINES ADOPTED BY THE ARCHITECTURAL REVIEW BOARD.
<br /> 3. ARCHITECTURAL STANDARDS. No exterior construction, alteration, addition,
<br />or erection of any improvements of any nature whatsoever, including, without limitations, a change
<br />in the color of any improvement, shall be commenced or placed upon any Lot, except such as is
<br />installed by the Declarant, or as is approved in accordance with this Section, or as is otherwise
<br />expressly permitted herein. No exterior construction, addition, erection, or alteration shall be made
<br />unless and until such plans and specifications showing at least the nature, kind, shape, height,
<br />materials, and location shall have been submitted in writing to and approved by an Architectural
<br />Review Board established by the Declarant. The Declarant may employ for the Architectural Review
<br />Board architects, engineers, or other persons necessary to enable the Architectural Review Board to
<br />perform its review. The Architectural Review Board may, bom time to time, delegate any of its rights
<br />or responsibilities hereunder to one or more duly licensed architects or other qualified person, which
<br />shall have full authority to act on behalf of the Architectural Review Board for all matters delegated.
<br />The Architectural Review Board shall adopt the design and development guidelines and the
<br />application and review procedures set forth in the Architectural Guidelines. Copies of the guidelines
<br />shall be available from the Architectural Review Board for review. The Architectural Review Board
<br />shall have sole and full authority to prepare and to amend the Architectural Guidelines. It shall make
<br />the Architectural Guidelines available to owners, builders, and developers who seek to engage in
<br />development of or construction upon all or any portion of the Property and such owners, builders and
<br />developers shall conduct their operations strictly in accordance therewith.
<br /> The Declarant shall have the right to appoint all members of the Architectural Review Board.
<br />There shall be no surrender of this right except in a written instrument in recordable form executed
<br />by Declarant and recorded in the Land Records of the Clerk of the Superior Court of Fayette County,
<br />Georgia. Upon the surrender of such right, each year the resident owners of all the Lots comprising
<br />the Property shall by majority vote appoint for a one year term three (3) resident owners to serve as
<br />the members of the Architectural Review Board. The Declarant hereby appoints Peachtree City