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Declaration of Covenants and Restrictions for
<br /> Honeysuckle Ridge subdivision . . ~
<br />
<br /> THIS DECLARATION is made as of the/~ ' "-'day of My v~c~//,)~.,~dy, 1992
<br />by THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNIT~./~STATES, a New York
<br />Corporation (hereinafter called "Declarant"). L~.t~_. ~ .. ~U.~ii
<br />
<br />WITNESSETH:
<br />
<br /> WHEREAS, Declarant owns certain lots and blocks of lots (hereinafter
<br />collectively referred to in the singular as a "Lot" and in the plural as
<br />"Lots") and surrounding properties located in Land Lot 157 of the 7th District
<br />of Fayette County, Georgia which property is more particularly shown on that
<br />certain plat of survey of Honeysuckle Ridge Subdivision, recorded in Plat Book
<br />2~ at Pages 80-~1~ Fayette County, Georgia records {hereinafter referred to as
<br />the "Property"); and
<br />
<br /> WHEREAS, Declarant desires to establish certain covenants and
<br />restrictions pertaining to the ownership, development, use and enjoyment of
<br />the Property.
<br />
<br /> NOW THEREFORE, for and during the term hereof, as hereinafter stated, be
<br />it hereby declared that the Property is subjected to the covenants, conditions
<br />and restrictions as follows:
<br />
<br /> 1. Residential Purpose. without specific written approval from
<br />Declarant no portion of the Property shall be used except for residential
<br />purposes; provided, however, that a commercial builder may use a residential
<br />dwelling constructed by it on a Lot for a sales office so long as it is
<br />actively offering for sale houses that it constructed on the Property.
<br />
<br /> 2. ANY STRUCTURE OR IMPROVEMENT CONSTRUCTED ON ~dgY LOT, WHETHER
<br />
<br />TEMPORARY OR PERM~dqENT IN NATURE, SHALL BE DESIGNED ~ND BUILT IH ACCORDANCE
<br />WITH THE ARCHITECTURAL GUIDELINES ADOPTED BY THE ARCHITECTURAL REVIEW BOARD.
<br />
<br /> 3. Architectural Standards. No exterior construction, alteration,
<br />addition, or erection of any improvements of any nature whatsoever, including,
<br />without limitation, a change in the color of any improvement, shall be
<br />commenced or placed upon any Lot, except such as is installed by the
<br />bec]_arant, or as is approved in accordance with this Section, or as is
<br />otherwise expressly permitted herein. No exterior construction, addition,
<br />erection, or alteration shall be made unless and until such plans and
<br />specifications showing at least the nature, kind, shape, height, materials,
<br />and location shall have been submitted in writing to and approved by an
<br />Architectural Review Board established by the Declarant. The Declarant may
<br />employ for the Architectural Review Board architects, engineers, or other
<br />persons necessary to enable the Architectural Review Board to perform its
<br />review. The Architectural Review Board may, from time to time, delegate any
<br />of its rights or responsibilities hereunder to one or more duly licensed
<br />architects or other qualified persons, which shall have full authority to act
<br />on behalf of the Architectural Review Board for all matters delegated. The
<br />Architectural Review Board shall adopt the design and development guidelines
<br />and the application and review procedures set forth in the Architectural
<br />Guidelines. Copies of the guidelines shall be available from the
<br />Architectural Review Board for review. The Architectural Review Board shall
<br />have sole and full authority to prepare and to amend the Architectural
<br />Guidelines. It shall make the Architectural Guidelines available to owners,
<br />builders, and developers who seek to engage in development of or construction
<br />upon all or any portion of the Property and such owners, builders and
<br />developers shall conduct their operations strictly in accordance therewith.
<br />
<br /> The Declarant shall have the right to appoint all members of the
<br />Architectural Review Board. There shall be no surrender of this right except
<br />in a written instrument in recordable form executed by Declarant and recorded
<br />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
<br />all the Lots comprising the Property shall by majority vote appoint for a one
<br />year term three (3) resident owners to serve as the members of the
<br />Architectural Review Board. The Declarant hereby appoints Peachtree City
<br />Development Corp. as the sole member of t~e Architectural Review Board to
<br />serve in such capacity for the term of this Declaration, unless such
<br />
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