Chadsworth at Ashton Reserve
t . ~'I.
F II ~ [l Ii f( r: c (; r !,; Ui
F A YEn E co U fiTY. GA. REel) J 1\\'\ () '2 ',~0 Q4
'{J3 JUL 31 Prl 6 21
SHEILA STUOI')ARfJ, r,LFRI(
UPON RECORDING RETURN TO:
Lisa A. Crawford
DOROUGH & DOROUGH, LLC
Attorneys At Law
Two Decatur TownCenter, Suite 520
125 Clairemont Avenue
Decatur, Georgia 30030
(404) 687-9977
DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS
FOR
CHADSWORTH AT ASHTON RESERVE
BOOK 2.2 7 8 PAGE 6 41
THIS INSTRUMENT ESTABLISHES A MANDATORY MEMBERSHIP HOMEOWNERS
ASSOCIATION BUT DOES NOT SUBMIT THIS DEVELOPMENT TO THE PROVISIONS
OF THE GEORGIA PROPERTY OWNERS' ASSOCIATION ACT, O.C.G.A. ~ 44-3-220 ET
SEQ.
DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS
BOOK 2 2 " B PAGE
FOR
642
CHADSWORTH AT AS~TON RESERVE
- TABLE OF CONTENTS -
Palle Number
ARTICLE 1 DEFlNITIONS...................._...._...._....._..........._...............~..........................."III........III....IIII11...IIII11.....III.......~..H.H...............11I11I...11I.._......... 1
1.1 "ARTICLES OF INCORPORA nON" .................................. ............ ........ ................... ............................................. 1
1.2 "AsSOCIA nON" .................................................................... ,.........." ........... ........ ................ .....,....................... 2
1.3 "BoARD OF DIRECTORS" OR "BoARD!'....................,..... ....... ................................. ................ ............................. ;2'
1.4 "BYLA W.$" ........................... .................. ............................................................. .............................................. 2
1.5 "CoMMON PROPERTY" .... .... ......................................... ........ ............. ................... ............ ................................. 2
1.6 "CoMMUNrrY" ..... ................... ..................................... ............................ ........................ ................................. 2
1.7 "CoMMUNrrY -WIDE STANDARD" ............... .................. .~..... ................ ..............................................."............ 2
1.8 "DECLARAlfT" ......... ..................................................... ..:......................... ......................................................... 2
1.9 "LoT". ..................... ..................................................... ..................................................................................... 2
1.10 "MORTGAGE" ...................................................,...,.................................................. ......................................... 2
1.11 "MORTGAGEE" ................................................................. ................ ............... ........ ......................................... 2
1.12 "OCCUPANT" ........................................................................................... .................... ,.................................... 3
1.13 "OWNER" ..................... ........ .................................................... ............... ......................................................... 3
1.14 "PERSON" .......................................................................................................................................................... 3
1.15 " SUPPLEMENTARY DECLARATION" .................................................................................................................. 3
1,16 "TOTAL AssOCrA nON VOTE" ....... ......... ......... ......... .... ........... ............ ....... ................ ........... .............. ............. 3
ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION .............................................................._..... 3
2.1 PROPERTY HEREBY SUBJECTED To THIs DECLARA nON;.................. ..................'.m....... ....... .......... ................. 3
2.2 UNILATERAL ANNExA nON BY DECLARANT ................. ;.............. ......................, ........... .... ................. ............. 3
2.3 OTHER ANNEXA nON .......................... ........................." .'....".... ........ ........... .......,........ ................ ......... ............ 4
ARTICLE 3 ASSOCIA nON MEl\mERSHIP AND VOTING RIGHTS..............._....................._.................. 4
3.1 MEMBERSHIP ..................................................................'.......... ................................... .... ................................. 4
3.2 VOTING .............. ........................... ..... ................... ........ ................. ....... ......; ........................... .............. ............ 4
ARTICLE 4 ASSESSMENTS.........................~................................................III.................................lIIot...'"'.IIII11....."......III........................oiII...,............................... 5
4.1 PURPOSE OF AsSESSMENTS.............................................................................................................................., 5
4.2 CREA nON OF THE LIEN AND PERSONAL OBUGA TION FdR AsSESSMENTS ........................... ....................... ...... 5
4.3 GENERAL AssESSMENTS ".. ........".....".............. ......... ........ ........ ............... ........ ................................................ 5
4.4 SPECIAL AsSESSMENTS ......,...........................................'................ .................................................................. 6
4.5 SPECIFIC AsSESSMENTS ..................................................:.......................................... .... ....... ............................. 6
4.6 SUBORDINATION OF LIENS TO MORTGAGES ....................~.... ................ ...................". .... ,... ....... ......................... 6
4.7 REMEDIES OF THE AsSOCIA nON ................................. ............ .... ................... ................................................... 7
4.8 DATE OF CoMMENCEMENT OF AssESSM~ ..... ......... ..:............ ..... ....... ....... ................ ....... ...................... ...... 7
4.9 BUDGET DEFICITS DURING DECLARANT CONlROL ...... ................... ....... ....... ................ ................................... 7
4.10 F AIWRE TO AsSESS ........................................ ...............;............. .................. ......... ....... ....... ............................ 8
4.11 EsTOPPEL LETTER. ........................ ..... "............ ......... ....,i"... ........ ........... ....... ......... ....... ........... ........................ 8
4.12 INITIATION FEE ..... ..... ................... .......... ...., ........,.... .....:..... ............ ,... ....... ....................... ............................... 8
ARTICLE 5 MAINTENANCE: COl\1l\fON PROPERTY ..~................................................................................. 8
5.1 ASSOCIA noN's RESPONSffiILITY .... ..... ..... .................. ....l.....,.......,....... .........., ............... ....... ............. .............. 8
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5.2 OWNER'S REsPONsmILITY ...... ......................... ..... .................. ......... ................................................ ................. 9
5 .3 CoNVEYANCE OF COMMON PROPERTY BY DECLARANT TO AsSOCIATION: No IMPLIED RIGHTS ............. ........ 9
5.4 P ARTInON ............... ................... ................................................ ........................................ ............................ 10
5 .5 CONDEMNATION ..............,...,...,.......................................................................................... ............................ 10
5.6 LIABILITY ............................ .... ......................... ........................................................................... ................... 10
ARTICLE 6 ..AR-cm.TECTURAL ST AN'>>.AR.DS...........~.................................IIII11_III.......III_..III._.III.........11I_...................................... 10
6.1 GENERAL.......................... .................................................................... .................... ................... ................... 10
6.2 GUIDELINES AND PROCEDURFS ...............".................................. ............................. .......... ............. ............... 11
6.3 LIMITATiON OF LIABIUTY ............ ................ ................... ........ ................. ........ ........ ............. ............. ............ 11
6.4 No WAIVER............... ................................... ......... .......... ............ ............. .......................... "....... ................... 12
6.5 VARIANCES. ..... ................................................................................. ...................................... ..... .... ............... ' 12
6.6 ENFORCEMENT ..................... ........, ..... .......... ....................... ............. ........ ................ .......... ............."............. 12
6.7 ARCHITECTURAL REvIEW CoMMIlTEE .................. .......................... ...,.... ....................................... ......... ...... 13
ARTICLE 7 USE RESTRICTIONS AN'>> RULES............................................................................................... 13
1.1 RULFS AND REGULATIONS ... ,,;. ..... .......................... ................. .......: ................. .................. ............. .......:...... 13
7.2 REsIDENTIAL USE.............. .................. ................... .............. .......................................................................... 13
7.3 SIGNS............................................. ........................................... ...................................................................... 14
7.4 VEHICLES: PARKING ..................................................... ................................................................ ........"........ 14
7 .5 LEASING ........... ......................... ............................................ .................................... ....... .................... .......... 15
7.6 ANIMALS AND PETS .......................................................................................................... .............................. 15
7.7 NUISANCE... ........................................................................................................ .................. ......... ................. 15
7 .8 UNSIGHTLY OR UNKEMPT CONDmONS ............................................................................................."........... 15
7.9 ANTENNAS...... ................................................................................................................................................ 15
7.10 TREE REMOVAL .... ....... ..................... ........................ .......................... .....................................................:..... 16
7.11 DRAINAGE.................... .................... ,......................................... "....... ............ ,... .............. ............................. 16
7.12 S IGMT DISTANCE AT INTERSECTIONS ............................................................................................................. 16
7.13 GARBAGE CANS. WOODPILES. ETC. ............. ....................... ............................. ............................. .... ............. 16
7.14 SUBDIVISION OF 'Lor. ........ ....................................................................... ................ .................. ............ ........ 16
7.15 GUNS................... .............. ............ ...... ................... ..................... ................. ............ ......................... ............. 16
7.16 FENCES............. ............. ............ ....................................... ........ ................ ................ ...................... ........ ........ 16
7.17 UTILITY LINES ............ ................... ...... .......... ............................................... ........... .............. ............ ............ 17
7.18 AIR-CONDmONING UNITS ......... .... ..................... ..... ............. ................ ............ ........... .......... ........ ................ 17
7.19 LIGHTING....."... ......................... ........... .............. ......... ............. .................... .................. ............................... 17
7,20 ARTIFICIAL VEGETATION. GARDENS. PLAY EoUIPMENT. ExTERIOR SCULPTURE. WATER FEA TIJRFS AND
SIMILAR ITEMS .............. ....... ...................................................... ............ ........................................ ..... .... ............... 17
7.21 FLAQ.$ ................... ....... ............................... ............. .............. ............ ............ ........... .......... ................ ........... 17
7.22 ENERGY CoNSERVATION EOUIPMENT.... .............. ...................... ........ ............ .................. ................ ........ ...... 17
7.23 SWIMMING POOLS. ..................................................................... ............ ....................... .......... ....................... 17
7.24 MAILBOXES......................................................................... .....';. ............ ..... ..................... .........;.................... 17
7.25 CLoTHESLINES... .................. ................... ..... ......... ......... ..... ............ ..................................... ...,........ .............. 18
7.26 ENTRY PEA ~ ............................................. ..............".......... ............ ............................. ............ .............. 18
ARTICLE 8 INSlJRANCE AND CASUALTY LOSSES ..................................................................................... 18
8.1 INSURANCE ON CoMMON PROPERTY ..................................................... ................... ............. ,... ..... .............". 18
8.2 INDIVIDUAL INSURANCE ................................................................ ............ ............ ............. ............ ................ 18
8.3 DAMAGE AND DESTRUCTION -- INSURED BY AsSOCIATION.......................................... .................. ................ 19
8.4 DAMAGE AND DESTRUCTION -- INSURED BY OWNERS ....................... ............................. .."... ..... ....... "... "..". 19
ARTICLE 9 MORTGAGEE PROVISIONS......................................................................................................... 19
9.1 NOTICES OF ACTION.... .............. ............................. ..............".. .................... .............. .......... ........ .................. 19
9.2 AUDIT .....m. ............. ................................................................. ........................... ....... ...................... .............. 20
9.3 No PRIORITY ..... .................. ......, .................... ................................................... ................ ..._........... .............. 20
BOOK 2 2 '7 8 PAGE 6 4 3
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BOOK 2 2'7 8 PAGE G 4 4
ARTICl.,E 1 0 E.ASEJ\.IENTS.........."....III...........,.."III........III...It.._III....._.................._...................................."........11I11I.11I11I_.11I...................................."............._.......... 20
1 0.1 GENERAL............................................... ..................,.... .............. ............................ ...................................... 20
10.2 EASEMENTS FOR USE AND ENJOYMENT............................."....................... ...................... ............. ............... 20
10.3 EASEMENTS FOR UTILITIES ......................................................................... ........ .............. .... ........................ 21
10.4 EASEMENT FOR EMERGENCY ENTRy......... ................... .......................................... ...................................... 21
10.5 EASEMENT FOR MAINTENANCE ...................................................................... .................................. ............ 21
10.6 EASEMENT FOR ENTRY FHA TURES AND STREETSCAPES.............................. .............................. .... ".............. 22
1 0.7 EASEMENT FOR DRAINAGE .................... .................. .................. ..... .... ............ .............................. "".... ........ 22
10.8 EASEMENT DURING CONSTRUCTION AND SALE PERIOD............ ........................ ....................... .................... 22
ARTICLE 11 GENERAL PROVISIONS.............................................................................................................. 23
11.1 ENFORCEMENT .................... .................. ............ .................... ......... ........ .......... ......... .............. ..... ....... .... "... 23
11.2 OCCUPANTS BoUND ............... ................... ......... ............... ......... ............ ................... ......... ................. ......... 23
11.3 SELF-HELP .......................... ........................... .... ........... ......... ..................... ............... ...... ................ ............. 23
11.4 DURA nON ..... ....... ........... .......................... ........ ....... ............. ......... .................................... ,..... ........... ......... 23
11.5 TERMINATION OF RIoms OF DECLARANT. ................... ."...... ............. ........ ............................. ............ ......... 24
11.6 AMENDM'ENT ........ ......~.... "..... ............ ........... .......... ...........:.. ......................................... ............:. ................ 24
11.7 GENDER AND GRAMMAR........ ....................... .......... .".."....... ......... .............................................. ................ 25
11.8 SEVERABILITY .......... .......................... ............... ...... ..... ................................................................ ".............. 25
1-1.9 CAPTIONS ............................... ................... ................... ......... ......... .......................................... .................... 25
11.10 No MERGER.................................................. ..... ............... ......................... .............................. ".................. 25
11.11 PREP ARER ............ ...................................................."................. ............................... .............. ........ ............ 25
11.12 NOTICES ....................... .......... ..... ".."......................................................... ................ .................................. 25
11.13 PERPErumES ...................... "...... ........ ........... ..... ........................ ................... ............ ...................... ........".. 25
11.14 No DISCRIMINATION ........ ...................................................................................... ...................................... 26
11.15 INDFJ.fNIFICA nON ..... .......................... ............................................................................"....... .................... 26
11.16 NOTICE OF SALE. LBASE OR ACOUISmON ................................................................................................... 26
11.17 AGREEMENTS ..... .................. ................... ............................................................... ...................................... 26
11.18 VARIANCES ........... .................. ................ ........................................................ ....... .............................. ........ 26
11.19 LmGA TION .... ...................................................................................................................................... ........ 26
ExHmrr "A" ~ PROPERTY DESCRIPTION
EXHIDIT "BOO ~ ADnmONALPROPERTY WHICH MAy BE UNILATERALLY SUBMITIED To THIs
DECLARATION By DECLARANT
EXHIBIT "C" . BYLAWS OF CHADSWORTH AT AsHTON RESERVE HOMEOWNERS ASSOCIATION, INC.
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DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS
FOR
CHADSWORTH AT ASHTON RESERVE
THIS DECLARATION is made on the date hereinafter set forth by ASHTON
ATLANTA RESIDENTIAL, L.L.C., a Georgia limited liability company (hereinafter
sometimes called "Declarant");
WIINBS.SBTH
WHEREAS, Declarant is the owner of the real property described in Exhibit "A" hereof;
and
WHEREAS, Declarant desires to subject the real property described in Exhibit "A"
hereof to the provisions of this Declaration to create a residential conununity of single-family
housing and to provide for the subjecting of other real property to the provisions of this
Declaration;
NOW, THEREFORE, Declarant hereby declares that the real property described in
Exhibit nA" attached hereto and by this reference incorporated herein is hereby subjected to the
provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied,
mortgaged and otherwise encumbered subject to the covenants, conditions, restrictions,
easements, assessments and liens, hereinafter set forth, which are for protecting the value and
desirability of and which shall run with the title to the real property hereby and hereafter made
subject hereto and shall be binding on all persons having any right, title or interest in all or any
portion of the real property now and hereafter made subject hereto, their respective heirs, legal
representatives, successors, successors-in-title and assigns and shall inure to the benefit of each
owner of all or any portion thereof.
Article 1
Definitions
BOOK 2 2 '7 8 PAGE 6 4 5
The following words, when used in this Declaration or in any Supplementary
Declaration, shall have the following meanings:
1.1 "Articles of Incomoration" means the Articles of Incorporation ofChadsworth at
Ashton Reserve Homeowners Association, Inc., filed with the Georgia Secretary of State and
incorporated herein by this reference as may be amended from time to time,
BOOK 2 2 '7 8 PAGE G 4 6
1.2 "Association" means Chadsworth at Ashton Reserve Homeowners Association, Inc.,
a Georgia nonprofit corporation, its successors and assigns.
1.3 "Board of Directors" or "Board" means the appointed or elected body of the
Association, vested with the authority to manage the affairs of the Association under the Georgia
Nonprofit Corporation Code, O.C.G.A. ~ 14-3-101 et seq,
1.4 "Bylaws" means the Bylaws ofChadsworth at Ashton Reserve Homeowners
Association, Inc., attached to this Declaration as Exhibit "C" and incorporated herein by this
reference as may be amended from time to time.
1.5 "Common Prooerty" means any and all real and personal property and the facilities
and improvemetlts located thereon, now or hereafter owned by the Association for the common
use and enjoyment of the Owners,
1,6 "Community" refers to that certain real property described in Exhibit "A". attached
hereto, and such additions thereto as may be made by Supplementary Declaration as provided
herein.
1.7 "Communitv- Wide Standard" means the standard of conduct, maintenance or other
activity generally prevailing in the Community. Such standard may be more specifically
determined by the Board of Directors of the Association. Such determination, however, must be
consistent with the Community-Wide Standard originally established by the Declarant.
1.8 "Declarant" means ASHTON ATLANTA RESIDENTIAL, L.L.C., a Georgia
limited liability company and its successors-in-title and assigns; provided that in a recorded
instrument, such successor-in-title or assignee is designated as the Declarant hereunder by the
then holder of all of the rights of Declarant hereunder; and, provided, further, upon the effective
date of the designation ofa successor Declarant, all rights of the former Declarant in and to such
status as Declarant hereunder shall cease, it being understood that there shall be only one holder
of the rights of Declarant hereunder at anyone point in time,
1.9 "Lot" means any plot of land within the Community, whether or not improvements
are constructed thereon which constitutes or will constitute, after the construction of
improvements, a single-family dwelling site as shown on a plat recorded in the land records of
the county where the Community is located. The ownership of each Lot shall include, and there
shall pass with the title to each Lot as an appurtenance thereto, whether or not separately
described, all of the rights and interests ofan Owner in the Common Property, as herein
provided, together with membership in the Association.
1.10 "Mortgage" means any and all instruments used for the purpose of encumbering
real property in the Community as security for the payment or satisfaction of an obligation,
including, without limitation, any mortgage, deed to secure debt or deed of trust.
1.11 "Mortgagee" means the holder of a Mortgage.
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1.12 "Occupant" means any Person occupying all or any portion of a Lot or other
property located within the Community for any period of time, regardless of whether such
Person is a tenant of the Owner of such property,
1.13 "Ownerll means the record owner, whether one or more Persons, of the fee simple
title to any Lot located within the Community, excluding, however, any Person holding such
interest merely as security for the perfonnance or satisfaction of any obligation.
1,14 "Person" includes any individual, individual acting in a fiduciary capacity,
corporation, limited partnership, limited liability company, general partnership, joint stock
company, joint venture, association, company or other organization, recognized as a separate
legal entity under Georgia law.
l.l~ "Suuolementarv Declaration" means an amendment or supplement to this
Declaration which subjects additional property to this Declaration and/or imposes additional
covenants, conditions, restrictions or easements on the land described therein.
1.16 "Total Association Vote" means the votes attributable to the entire membership of
the Association (including votes of Declarant) as of the record date for such action, whether or
not such members are present or represented at the meeting, if any, where such votes are to be
cast. If, for example, and without limitation, a majority of the Total Association Vote is required
to approve a matter, such matter must receive more than half of the votes attributable to all
existing members of the Association as of the record date for such action, whether or not such
members are present or represented at the meeting, if any, where such votes are to be cast. As a
further illustration, if a majority vote is required to approve a matter (and the term Total
Association Vote is not used), such matter must receive more than half of the votes cast by the
members entitled to vote on the matter.
Article 2
Prooertv Subject To This Declaration
2.1 Prooertv Herebv Subiected To This Declaration. The real property which is, by the
recording of this Declaration, subject to the covenants, conditions, restrictions and easements
hereinafter set forth and which, by virtue of the recording of this Declaration, shall be held,
transferred, sold, conveyed, used, occupied and encumbered subject to this Declaration is the real
property described in Exhibit "A" attached hereto and by this reference made a part hereof.
2.2 Unilateral Annexation By Declarant. As the owner thereof or, if not the owner, with
the consent of the owner thereof, Declarant shall have the unilateral right, privilege, and option
from time to time at any time until ten (10) years after the recording of this Declaration to subject
all or any portion of the real property described in Exhibit "B" attached hereto and by this
reference incorporated herein, to the provisions of this Declaration and the jurisdiction of the
Association by filing for record in the county in which the property to be annexed is located a
Supplementary Declaration describing the property being subjected. Declarant intends to annex
hereto the property contained in Declarant's land plan for the development as amended from time
to time which property is a portion of the property described in Exhibit "B". However, inclusion
BOOK .2 2 '7 8 PAGE () 4 7
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BOOK 2 2 7 8 PAGE 6 4 8
of property on Declarant's land plan or in Exhibit "B" shall not obligate the Declarant to subject
such property to the Declaration,' nor shall exclusion of property from the initial land plan bar
Declarant from subjecting such property to the Declaration. Any annexation shall be effective
upon the filing for record of a Supplementary Declaration unless a later effective date is provided
therein. As long as covenants applicable to the real property previously subjected to this
Declaration are not changed and as long as rights of existing Owners are not adversely affected,
the Declarant may unilaterally amend this Declaration to reflect the different character of any
such annexed real property. If any land is not subjected to this Declaration, Declarant's reselVed
rights shall not impose any obligation on Declarant to impose any covenants and restrictions
similar to those contained herein upon such additional land nor shall such rights in any manner
limit or restrict the use to which such additional land may be put by Declarant or any subsequent
owner thereot: whether such uses are consistent with the covenants and restrictions imposed
hereby or not.
2.3 Other Annp.xation. Upon the written consent of: (a) the owner(s) thereof; (b) the
Declarant; and (c) the Owners of at least two-thirds of the Lots, the Association may annex real
property to the provisions of this Declaration and the jurisdiction of the Association by filing for
record in the county in which the property to be annexed is located a Supplementary Declaration
describing the property being annexed. Any such Supplementary Declaration shall be executed
on behalf of the Association by the President of the Association whose signature shall be attested
by the Secretary of the Association. The annexation shall be effective only upon the filing for
record of such Supplementary Declaration, unless a later effective date is provided therein.
Article 3
Association Membershio and V Otin2 Ri2hts
3.1 Membership. Every Person who is the record owner of a fee or undivided fee
interest in any Lot that is subject to this Declaration shall have a membership in the Association.
The foregoing is not intended to include Persons who hold an interest merely as security for the
performance of an obligation, and the giving of a security interest shall not terminate the Owner's
membership. No Owner, whether one or more Persons, shall have more than one (1)
membership per Lot. Membership shall be appurtenant to and may not be separated from
ownership of a Lot. The rights and privileges of membership, including the right to hold office,
may be exercised by a member or the spouse of a member, but in no event shall more than one
(1) Person representing a single membership hold office at the same time. This Section is not
intended to prohibit the same individual from being both an officer and a director of the
Association. Nothing in this Section shall restrict the number of votes cast or the number of
officers and directors appointed by the Declarant.
3,2 Voting. Members shall be entitled to one vote for each Lot owned. When more than
one Person holds an ownership interest in a Lot, the vote for such Lot shall be exercised as those
Owners themselves determine and advise the Secretary prior to any meeting or referendum. The
vote attributable to a Lot shall be suspended in the event more than one Person seeks to exercise
it. The Board of Directors may suspend the voting rights of an Owner for any period during
which any past due assessment against any Lot of the Owner remains unpaid; and, for a
reasonable period of time for an infraction of the Declaration, Bylaws or rules and regulations.
-4-
Article 4
Assessments
4.1 Puroose of Assessments. The assessments provided for herein shall be used for the
general purposes of promoting the recreation, health, safety, welfare, common benefit, and
enjoyment of the Owners of Lots, including, without limitation, the maintenance of real and
personal property, all as may be more specifically authorized from time to time by the Board of
Directors.
4.2 Creation of the Lien and Personal Obli2ation for Assessments, Each Owner of a Lot,
by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants
and agrees to pay to the Association: (a) general assessments; (b) special assessments; and (c)
specific assessments. All such assessments, together with late charges, interest (at a rate set by
_the Board of Directors from time to time, but not to exceed the lesser of the maximum rate
permitted by law or ten percent (10%) per annum on the principal amount due) and costs of
collection, including, without limitation, reasonable attorney's fees actually incurred, shall, from
the time the sums become due and payable, be a charge on the land and shall be a continuing lien
in favor of the Association on the Lot against which each assessment is made. The recording of
this Declaration shall constitute record notice of the existence of the lien and no further
recordation of any claim of lien shall be required. Each such assessment, together with such late
charges, interest and costs, shall also be the personal obligation of the Person who was the
Owner of the Lot at the time the assessment fell due. Each Owner shall be personally liable for
the portion of each assessment coming due while the Owner of a Lot, and each grantee of an
Owner shall be jointly and severally liable for such portion thereof as may be due and payable at
the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments
of the grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings.
No Owner may waive or otherwise exempt themselves from liability for the assessments
provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot
No diminution or abatement of any assessment shall be claimed or allowed by reason of any
failure of the Association to take some action or perfqrm some function required to be taken or
performed by the Association, the obligation to pay assessments being a separate and
independent covenant on the part of each Owner. All payments shall be applied first to costs,
then to late charges, then to interest and then to delinquent assessments.
4.3 General Assessments. It shall be the duty of the Board to prepare a budget covering
the estimated costs of operating the Association during the coming year. The Board shall cause
the budget and the assessments to be levied against each Lot for the year to be delivered to each
member at least thirty (30) days prior to the due date of any general assessment The budget and
the assessment shall become effective unless disapproved. at a meeting by a majority of the Total
Association Vote and the Declarant. Notwithstanding the foregoing, however, in the event the
-membership disapproves the proposed budget or the Board fails for any reason to determine the
budget for any period, then and until such time as a budget shall have been determined, as
provided herein, the budget in effect shall continue. General assessments shall be levied equally
on all similarly situated Lots and shall be paid in such manner and on such dates as may be fixed
by the Board of Directors, which may include, without limitation, acceleration, upon ten (10)
days' written notice for delinquents. Unless otherwise provided by the Board, the assessment
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BOOK 2:2 '7 8 PAGE 6 4 9
BOOK 2 ~ '( 8 PAGE 6 5 0
shall be paid in one annual installment. General assessments include any sums the Board
determines necessary for the continued ownership, operation and maintenance of the Common
Property, operating expenses of the Association, payment for any items of betterment and the
establishment of reserve funds as the Board shall deem proper. General assessments may
include, without limitation, sums for property taxes, insurance premiums, legal and accounting
fees, management fees, charges for utilities, cleaning and janitor services, landscape
maintenance, expenses and liabilities incurred as provided herein and in the Articles of
Incorporation and Bylaws for indemnification of officers and directors and in connection with
the enforcement of rights and duties of the Association against Owners and others.
4.4 Special Assessments. The Association may levy a special assessment if approved by,
two-thirds (2/3) of the Total Association Vote and the Declarant. Special assessments shall be
paid as detennined by the Board. The Board may permit a special assessment to be paid in
installments extending beyond the fiscal year in which the special assessment is imposed.
4.5 Soecific Assessments. The Board shall have the power to levy specific assessments
as, in its discretion, it shall deem appropriate. Failure of the Board to exercise its authority under
this Section shall not be grounds for any action against the Association and shall not constitute a
waiver of the Board's right to exercise its authority under this Section in the future with respect
to any expenses, including an expense for which the Board has not previously exercised its
authority under this Section. Fines levied pursuant to this Declaration and the costs of
maintenance performed by the Association for which the Owner is responsible shall be specific
assessments. The Board of Directors may also specifically assess Owners for Association
expenses as follows: (a) expenses of the Association which benefit less than all of the Lots may
be specifically assessed equitably among all of the Lots which are benefited according to the
benefit received; and (b) expenses of the Association which benefit all Lots, but which do not
provide an equal benefit to all Lots, may be assessed equitably among all Lots according to the
benefit received.
4.6 Subordination of Liens to Mortgages. The lien of all assessments authorized herein
is hereby made subordinate to the lien of any first Mortgage placed on a Lot if, but only if, all
assessments and charges with respect to such Lot authorized herein having a due date on or prior
to the date of the Mortgage as filed of record have been paid. The lien hereby subordinated is
only such lien as relates to assessments and charges authorized hereunder having a due date
subsequent to the date such Mortgage is filed of record and prior the satisfaction, cancellation or
foreclosure of such Mortgage or the sale or transfer of the Lot pursuant to any proceeding in lieu
of foreclosure or the sale of transfer of the Lot pursuant to a sale under power contained in such
Mortgage. Such subordination is merely a subordination and shall not relieve the Owner of the
Lot of the personal obligation to pay all assessments coming due during such period of
ownership; shall not relieve such Lot from the lien provided for herein (except to the extent a
subordinated lien is extinguished as a result of such subordination as against a Mortgagee or such
Mortgagee's assignee or transferee by foreclosure or by sale under power); and no sale or transfer
of such Lot to the Mortgagee or to any other Person pursuant to a decree of foreclosure, or
pursuant to any other proceeding in lieu of foreclosure or pursuant to a sale under power, shall
relieve any existing or previous Owner of such Lot of any personal obligation or relieve such Lot
-6-
or the then Owner of such Lot from liability for any assessment authorized hereunder become
due after such sale and transfer.
4.7 Remedies of the Association. Any assessments or installments thereof which are not
paid when due shall be delinquent. In addition to the lien rights, the personal obligation of the
then Owner to pay such assessments shall remain such Owner's personal obligation and shall
also pass to such Owner's successors-in-title. Such Owner shall nevertheless remain as fully
obligated as before to pay to the Association any and all amounts which such Owner was
obligated to pay immediately preceding the transfer; and such Owner and such successors-in-title
shall be jointly and severally liable with respect thereto, notwithstanding any agreement between
such Owner and such successors-in-title creating any indemnification of the Owner or any
relationship of principal and surety as between themselves. Any assessment or installment
thereof delinquent for a period of more than ten (10) days shall incur a late charge in the amount
of the greater ofTen ($10.00) Dollars or Ten percent (10%) of the amount due. The Association
may cause a notice of delinquency to be given to any Owner who has not paid within ten (10)
days following the due date, In the event that the assessment remains unpaid after sixty (60)
days, the Association may institute suit to collect such amounts and/or to foreclose its lien. The
Association may file a claim of Hen with the Office of the Clerk of Superior Court of the county
where the Lot is located, but no such claim of lien shall be required to establish or perfect the
lien for unpaid assessments. Each Owner, by acceptance of a deed vests in the Association the
right and power to bring all actions against such Owner personally, for the collection of such
charges as a debt or to foreclose the lien. The lien provided for in this Declaration shall be in
favor of the Association and shall be for the benefit of all Owners. The Association shall have
the power to bid on the Lot at any foreclosure sale and to acquire, hold, lease, mortgage and
convey the same. The Association may also suspend the membership rights of the delinquent
Owner, including the right to vote, the right of enjoyment in and to the Common Property and
recreational facilities and the right to receive and enjoy such servicing and other benefits as may
. then be provided by the Association. Any such suspension shall not affect such members
obligation to pay assessments coming due during the period of such suspension and shall not
effect the permanent lien on such Lot in favor of the Association.
4.8 Date of Commencement of Assessments. Assessments shall commence when the
Board of Directors first determines a budget and levies assessments. The assessments provided
for herein shall commence as to a Lot on the date that the Lot is first occupied for residential
purposes. A Lot shall be deemed to be occupied for residential purposes when it has been
improved with a dwelling and has been conveyed to an owner who intends to occupy the
dwelling, or, if the dwelling is occupied as a residence before such conveyance, the date of such
occupancy.
4.9 Bude:et Deficits Durine: Declarant Control. For 50 long as the Declarant has the
authority to appoint the directors and officers of the Association, Declarant may: (a) advance
funds to the Association sufficient to satisfy the deficit, if any, between the actual operating
expenses ofthe Association (but specifically not including an allocation for capital reserves), and
the sum of the annual, special and specific assessments collected by the Association in any fiscal
year (such advances shall be -evidenced by promissory notes from the Association in favor of the
Declarant); or (b) cause the Association to borrow such amount from a commercial lending
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BOOK 22;,8PAGE 652
institution at the then prevailing rates for similar loans in the local area of the Community. No
Mortgage secured by the Common Property or any of the improvements maintained by the
Association shall be given in connection with such loan.
4.10 Failure to Assess. The omission or failure of the Board to fix the assessment
amounts or rates or to deliver or mail to 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 assessments on the same basis as for the last year for
which an assessment was made, if any, until a new assessment is made, at which time any
shortfalls in collections may be assessed retroactively by the Association,
4.11 Esto!,Del Letter. The Association shall, within five (5) days after receiving a written
request therefor and for a reasonable charge, as established by the Board, certify to the amount of
any unpaid assessments constituting a lien on a specified Lot. A certification letter signed by an
officer of the Association or the Association's managing agent, ifany, as to the amount of
assessments due with respect to a Lot shall be binding upon the Association.
4,12 Initiation Fee. Upon conveyance of title to a Lot to the first Owner, other than the
Declarant or a builder approved by the Declarant, an initiation fee in the amount of one-sixth (116)
of the total general assessment for the Lot for such year shall be collected from the purchaser at the
closing of such transaction and paid to the Association. The initiation fee shall constitute a specific
assessment against the Lot, shall be in addition to, not in lieu of, the annual general assessment
and shall not be considered an advance payment of such assessment. The initiation fee may be
used by the Association for any purpose, including, without limitation, for the payment of
operating expenses of the Association and other expenses incurred by the Association p~suant to
the provisions of this Declaration.
Article 5
Maintenance; Common Property
5.1 Association's Resoonsibility. The Association shall maintain and keep in good repair
the Common Property. This maintenance shall include, without limitation, maintenance, repair
and replacement of all landscaping and improvements situated on the Common Property, The
Association shall also maintain (whether or not constituting Common Property): (a). all
Community entry features and entry area landscaping, whether or not such landscaping is on a
Lot, privately owned property or public right-of-way; (b) stonn water detention/retention ponds
and stonn water drainage facilities serving the Commlmity if and to the extent such facilities are
not maintained by a public body; ( c) landscaping improvements located on the exterior portions
of the Community including green space and private parks, if any; and (d) any inigation system
and the expenses for water and electricity, if any, provided to all entry features and Community
landscaping. Community landscaping to be maintained by the Association shall include
landscaping within any medians or islands located in or along the right-of-way of public streets
within the Community. In addition, the Association shall have the right, but not the obligation,
to maintain other property not owned by the Association, whether within or without the
Community and to enter into easements and covenant to share costs agreements regarding such
property where the Board has determined that such action would benefit the Owners. In the
-8-
event that the Association determines that the need for maintenance, repair, or replacement,
. which is the responsibility of the Association hereunder, is caused through the willful or
negligent act of an Owner, or the Occupants, family, guests, lessees or invitees of an Owner, then
the Association may perform such maintenance, repair or replacement and all costs thereof, not
paid for by insurance, shall be assessed against the Owner as a specific assessment. All
maintenance by the Association shall be performed consistent with the Community-Wide
Standard. The Association shall not be liable for injury or damage to Person or property: (x)
caused by the elements of by an Owner or any other Person; (y) resulting from rain or other
surface water which may leak or flow from any portion of the Common Property; or (z) caused
by any street, pipe, plumbing, drain, lake, dam, conduit, appliance, equipment, security system,
or utility line or facility, the responsibility for the maintenance of which is that of the
Association, becoming out of repair,
.5.2 Owner's Resoonsibility. .Except for maintenance performed on a Lot by the
Association pursuant to Section 5.1, ifany, all maintenance of the Lot and all structures,
landscaping. and other improvements thereon shall be the sole responsibility of the Owner
thereof, who shall maintain such Lot in a manner consistent with the Community-Wide Standard
and this Declaration. Such maintenance obligation shall include, without limitation, the
following: prompt removal of all litter, trash, refuse, and waste; lawn mowing on a regular basis;
tree and shrub pruning; watering landscaped areas; keeping improvements, and exterior lighting
in good repair and working order; keeping lawn and garden areas alive, free of weeds, and
attractive; keeping driveways in good repair; complying with all governmental health and police
requirements; maintenance of grading and stonn water drainage as originally established on the
Lot; and repair of exterior damages to improvements. In the event that the Board of Directors
determines that any Owner has failed or refused to discharge properly any of such Owner's
obligations with regard to the maintenance, repair or replacement of items for which such Owner
is responsible hereunder, the Association shall, except in an emergency situation, give the Owner
written notice of the Association's intent to provide such necessary maintenance, repair or
replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable
particularity the maintenance, repair or replacement deemed necessary. The Owner shall have
ten days after receipt of such notice within which to complete such maintenance, repair or
replacement, or, in the event that such maintenance, repair or replacement is not capable of
completion within a ten-day period, to commence such work which shall be completed within a
reasonable time. If any Owner does not comply with the provisions hereof, the Association may
provide any such maintenance, repair or replacement and all costs thereof shall be assessed
against the Owner and the Lot as a specific assessment.
5.3 Conveyance of Common ProDertv bv Declarant to Association; No Implied Rights.
The Declarant may transfer or convey to the Association at any time and from time to time any
personal property and any interest in improved or unimproved real property. Such conveyance
shall be deemed to be accepted by the Association upon delivery of any personal property or
upon recordation of an instrument of conveyance of any interest in real property, and the
property shall thereafter be Common Property to be used and maintained by the Association for
the benefit of its members. The Association hereby constitutes and appoints Declarant as its
agent and attorney-in-fact to accept on behalf of the Association any conveyance to the
Association and to execute on behalf of the Association any and all documents, including.
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BOOK 22', bPAGE 653
BOOK 2 2 " 8 PAGE G 5 4
without limitation, deeds and transfer tax declaration forms, necessary or convenient to
effectuate and document any such conveyance to the Association, The power and agency hereby
granted are coupled with an interest and are irrevocable by death or otherwise. The Declarant
shall not be required to make any improvements whatsoever to property to be conveyed and
accepted. pursuant to this Section and shall have no duty or obligation to convey any property or
property rights to the Association regardless of whether or not any such property has been made
available for the use of Owners, The Declarant may reserve, by lease, license, easement or
otherwise such rights of use and enjoyment in and to all or any portion of the property so
conveyed as Declarant may reasonably require so long as such reservation is not materially
inconsistent with the overall scheme of development for the Community, Neither the recordation
of any subdivision plat nor the use by the Owners or maintenance by the Association of any
property shall create any rights, easements or licenses, in the Association or the Owners, express
or implied, unless and until any such property rights, easements or licenses are conveyed by the
D~larant or the owner of such.property to the Association or the Owners, as the case may.: be, by
an instrument recorded in the real estate records of the county where the property is located.
5.4 Partition. The Common Property shall remain undivided and no Owner shall bring
any action for partition or division of the whole or any part thereof without the written consent of
all Owners of all portions of the property located within the Community and without the written
consent of all holders of all Mortgages encumbering any portion of the property, including, but
not limited to, the Lots located within the Community.
5.5 Condemnation. In the event of a taking by eminent domain of any portion of the
Common Property on which improvements have been constructed. the Association shall restore
or replace such improvements so taken on the remaining Common Property, unless within 60
days after such taking, an alternative plan is approved by at least 75% of the Total Association
Vote and the consent of Declarant. The provisions of this Declaration applicable to replacement
or restoration of damaged improvements on the Common Property shall also apply to and govern
the actions to be taken in the event that the improvements are not restored or replaced after a
condemnation.
5.6 Liability. Owners, Occupants and their guests shall use the Common Property at
their own risk and shall assume sole responsibility for their personal belongings used or stored
on the Common Property. The Association, the Declarant and their respective officers, directors,
employees, representatives and agents shall not be held liable for personal injury to any person,
nor for loss or damage to personal belongings used or stored on the Common Property.
Article 6
Architectural Standards
6.1 General. No exterior construction, alteration or addition of any improvements of any
nature whatsoever (including, without limitation, staking, clearing, excavation, grading, filling,
construction of impervious surface, building, exterior alteration of existing improvements,
change in the exterior color of any existing improvement and planting and removal of .
landscaping materials), shall be connnenced or placed upon any part of the Community unless,
installed by the Declarant or an affiliate of the Declarant, approved in accordance with this
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Article, or otherwise expressly permitted under this Declaration. Any Owner may remodel, paint
or redecorate the interior of structures on the Lot without approval hereunder. However,
modifications to the interior of porches, patios and similar portions of a structure visible from
outside the Lot 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. This Article shall not apply to the
activities of the Declarant, affiliates of the Declarant, nor to improvements to the Common
Property by or on behalf of the Association. This Article may not be amended without the
written consent of the Declarant until: (a) the Declarant no longer has the right to unilaterally
annex additional property to the Community; and (b) each Lot has been improved with a
dwelling for which a certificate of occupancy has been issued.
6.2 Guidelines and Procedures. Except as provided above. no exterior construction,
addition or alteration shall be made unless and until plans and specifications shall have been
submitted in writing to and approved by the Declarant. Such plans and specifications shall be of
sufficient detail to allow the Declarant to make its review and to the extent required by the
Declarant shall show the nature, kind. shape. height, materials and location of the proposed
improvement. The Declarant may adopt written architectural guidelines and application and
review procedures, which shall provide for a review fee. The Declarant shall have sole and full
authority to prepare and to amend, from time to time at its sole discretion and without notice, the
architectural guidelines. The Declarant shall make the architectural guidelines available to
Owners who seek to engage in construction upon all or any portion of the Community and such
Owners shall conduct their operations strictly in accordance therewith. If the Declarant fails to
approve or to disapprove submitted plans and specifications within thirty (30) days after reCeipt
of all required plans -and specifications, such approval shall be deemed to have been given. As a
condition of approval under this Article, each Owner, on behalf of such Owner and such Owner's
successors-in-interest, shall assume all responsibilities for maintenance, repair, replacement and
insurance to and on any improvement, change, modification, addition or alteration. In the
discretion of the Declarant, an Owner may be required to verify such condition of approval by a
recordable written instrument acknowledged by such Owner on behalf of such Owner and such
Owner's successors-in-interest. The Declarant shall be the sole arbiter of such plans and may
withhold approval for any reason, including, without limitation, purely aesthetic considerations,
and it shall be entitled to stop any construction in violation of these restrictions. The Declarant
and its representatives shall have the right, during reasonable hours and after reasonable notice,
to enter upon any property in the Community to inspect for the purpose of ascertaining whether
or not these restrictive covenants have been or are being complied with. Such Persons shall not
be deemed guilty of trespass by reason of such entry. If construction does not commence on a
project for which plans have been approved within 12 months of such approval, such approval
shall be deemed withdrawn, and it shall be necessary for the Owner to resubmit the plans to the
Declarant for reconsideration,
6.3 Limitation of Liability. Plans and specifications are not approved for engineering or
structural design or quality of materials and by approving such plans and specifications the
Declarant assumes no liability or responsibility therefor or for any defect in any structure -
constructed from such plans and specifications. Neither Declarant, the Association, nor the
officers, directors, members, employees and agents of any of them shall be liable in damages to
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BOOK 2 2 '? 8 PAGE () 5 5
BOOK 2 2 '( ;3 PAGE G 5 6
anyone submitting plans and specifications to any of them for approval or to any Owner of
property affected by these restrictions by reason of mistake in judgment, negligence or
nonfeasance arising out of or in connection with the approval or disapproval or failure to approve
or disapprove any such plans or specifications. Every Person who submits plans and
specifications and every Owner agrees that such Person or Owner will not bring any action or
suit against Declarant, the Association or the officers, directors, members, employees and agents
of any of them to recover any damages and hereby releases, remises, quitclaims and covenants
not to sue for all claims, demands and causes of action arising out of or in connection with any
judgment, negligence or nonfeasance and hereby waives the provisions of any law which
provides that a general release does not extend to claims, demands and causes of action not
known at the time the release is given.
6.4 No Waiver. The approval of the Declarant of any proposals or plans and
specifications or drawings for any work done or proposed, or in connection with any other matter
requiring approval or consent of the Declarant, shall not be deemed to constitute a waiver of any
right to withhold approval or consent as to any similar proposals, plans and specifications or
drawings or matters whatever subsequently or additionally submitted for approval or consent.
6.5 Variances. Notwithstanding anything to the contrary contained herein, the Declarant
shall be authorized to grant individual variances from any of the provisions of this Declaration
and the architectural guidelines if it determines that waiver of application or enforcement of the
provision in a particular case is dictated by unique circumstances, such as, but not limited to,
topography, natural obstructions, hardship, aesthetic considerations or environmental
considerations and would not be inconsistent with the overall scheme of development for the
Community. No variance shall (a) be effective unless in writing, (b) be inconsistent with the
overall scheme of development for the Community, or (c) estop the Declarant from denying a
variance in other similar circumstances, For purposes of this provision, the inability to obtain
approval of any governmental agency or the issuance of any permit, or the terms of any
financing shall not be considered a hardship warranting a variance.
6.6 Enforcement. Any structure or improvement placed or made in violation of this
Article shall be deemed to be nonconfonning. Upon written request from the Declarant, Owners
shall, at their own cost and expense, remove such nonconforming structure or improvement and
restore the land to substantially the same condition as existed prior to the nonconfonning work.
Should an Owner fail to remove and restore as required, the Declarant and its agents shall have
the right to enter the property, remove the nonconforming structure or improvement, and restore
the property to substantially the same condition as previously existed. All costs, including,
without limitation, attorneys fees, may be assessed against the Lot as a specific assessment. Any
contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with
the terms and provisions of this Article and the architectural guidelines may be excluded by the
Declarant from the Community, subject to any applicable notice and hearing procedures
contained in the Bylaws, In such event, neither the Declarant, the Association nor the officers,
directors, members, employees and agents of any of them shall be held liable to any Person for
exercising the rights granted by this paragraph, In addition to any other remedies available to the
Declarant, in the event of noncompliance with this Article, the Declarant may record in the
appropriate land records a notice of violation hereunder naming the violating Owner. In addition
-12-
to the foregoing, the Declarant shall have the authority and standing to pursue any and all
remedies available at law and equity to enforce the provisions of this Article.
6,7 Architectural Review Committee. Until: (a) the Declarant no longer has the right to
unilaterally annex additional property to the Conununity; and (b) each Lot has been improved
with a dwelling for which a certificate of occupancy has been issued, the Declarant shall have the
sole right, power and authority under this Article. There shall be no surrender of this right
except in a written instroment in recordable form executed by Declarant and recorded in the land
records of the Clerk of the Superior Court of the county where this Declaration is recorded.
Upon expiration or earlier surrender in writing of all or a portion of such right and authority, the
Board of Directors shall appoint an ArcWtectural Review Committee of the Association, wWch
shall then have such jurisdiction over architectural control under this Article as may have been
relinquished by the Declarant. The Declarant may in its sole discretion relinquish arcWtectural
control as to certain types of improvements or modifications to the ArcWtectural Review
Committee wWle retaining control over all other building and construction in the Conununity.
For example and without limitation, the Declarant may relinquish control over modifications of
existing structures to the ArcWtectural Review Committee while retaining all authority to review
and approve new home construction. Any right, power or authority of the Declarant which may
be relinquished to the Association prior to the termination of the rights of Declarant hereunder
shall be by written instrument only and no such right, power or authority shall be relinquished by
implication or otherwise. The establishment of an advisory Architectural Review Committee
shall not be deemed to be a relinquishment by Declarant of any of its right, power and authority
hereunder, After the termination of all rights of Declarant hereunder, the Architectural Review
Committee shall have all right, power and authority to review and approve building and
construction activity within the Community hereunder and this Article shall then be read and
interpreted as if any reference to the authority of or action by the Declarant in this Article 6 were
a reference to the authority of or action by the Architectural Review Committee.
Article 7
Use Restrictions and Rules
7.1 Rules and Regulations. The Board of Directors may, from time to time, with the
consent of Declarant and without a vote of the members, promulgate, modify or delete rules and
, regulations applicable to the Community. Such rules and regulations shall be distributed to all
Owners prior to the date that they are to become effective and shall thereafter be binding upon all
Owners and Occupants until and unless overruled, canceled or modified by a majority of the
Total Association Vote and the consent of Declarant.
7.2 Residential Use, Each Lot shall be used for residential purposes exclusively.
Leasing of a Lot for residential occupancy shall not be considered a business or business activity.
No trade or business of any kind may be conducted in or from a Lot, except that the Owner or
Occupant in residence at the Lot may conduct business activities within the house so long as the
business activity: (a) does not otherwise violate the provisions of the Declaration or Bylaws; (b)
is not apparent or detectable by sight, sound or smell from the exterior of the Lot; (c) does not
unduly increase traffic flow or parking congestion; (d) conforms to all zoning requirements for
the Community; ( e) does not increase the insurance premium paid by the Association or
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BOOK 22'78PAGE 657
BOOK 22', BPAGE 658
otherwise negatively affect the ability of the Association to obtain insurance coverage; (t) is
consistent with the residential character of the Community; (g) does not constitute a nuisance or
a hazardous or offensive use; and (h) does not threaten the security or safety of other residents of
the Community, all as may be determined in each case in the sole discretion oftbe Board of
Directors. The Board may issue rules regarding permitted business activities, 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 fonn of consideration, regardless ofwhetber: (x) the activity is engaged in full or part-
time; (y) the activity is intended to or does generate a profit; or (z) a license is required for the
activity.
7.~ Si~. No sign of any kind. shall be erected within the O:>mmunity without the prior
written consent of the Declarant or, after the termination of the rights of Declarant hereunder, the
Board of Directors. Notwithstanding the foregoing, the Board and the Declarant shall have the
right to erect reasonable and appropriate signs. For-sale signs and security signs not larger than
IS-inches by IS-inches and any signs required by legal proceedings may be erected upon any
Lot. The provisions of this Section shall not apply to any Mortgagee in possession due to
foreclosure of a first Mortgage or as grantee pursuant to any deed in lieu of such foreclosure.
The Board may impose a fine of One-Hundred and Fifty and No/l 00 Dollars ($150.00) per day
for display of any sign in violation of this provision which is not removed within twenty-four
hours after written demand is delivered to the Owner at that Lot.
7 .4 Vehicles: Parkin~. Vehicles shall be parked only in appropriate parking spaces
serving the Lot or other designated areas, if any. No on-street parking, other than in connection
with special events as approved by the Board of Directors, shall be permitted within the
Community. All parking shall be subject to such rules and regulations as the Board may adopt.
The term "vehicles." as used herein, shall include, without limitation, motor homes, boats,
trailers, motorcycles, minibikes, scooters, go-carts, golf carts, trucks, campers, buses, vans and
automobiles. The term ":oarking areas" shall refer to the number of garage parking spaces and
the spaces located in the driveway of each Lot. All homes shall contain a garage; carports shall
not be pennitted, Garage doors should be kept closed at all times, except during times of ingress
and egress from the garage, No vehicle may be left upon any portion of the Community, except
in a garage or other area designated by the Board, for a period longer than five days if it is not
licensed or ifit is in a condition such that it is incapable of being operated upon the public
highways. After such five-day period, such vehicle may be removed from the Community by the
Board of Directors. Any towed vehicle, boat, personal watercraft, recreational vehicle, motor
home, trailer, motorcycle, minibike, scooter, go-cart, golf cart, commercial truck, camper, bus or
mobile home regularly stored in the Community or temporarily kept in the Community, except if
kept in a garage, for periods longer than 24 hours may be removed from the Community by the
Board of Directors. Trucks with mounted campers which are used as a 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 upon removal. '
-14-
7,5 Leasing. Lots may be leased for residential purposes. Unless otherwise provided by
the Board of Directors, all leases shall have a minimum term of at least six months. All leases
shall require, without limitation, that the Occupants acknowledge receipt of a copy of the
Declaration, Bylaws, use restrictions and rules and regulations of the Association, The lease
shall also obligate the Occupants to comply with the foregoing.
7.6 Animals and Pets. No animals, livestock or poultry of any kind may be raised, bred,
kept or permitted on any Lot, with the exception of dogs, cats or other usual and common
household pets in reasonable number as determined by the Board. No pets shall be kept, bred or
maintained for any commercial purpose. No exterior pens for household pets shall be erected or
maintained on any Lot unless approved in accordance with the provisions of Article 6 hereof.
7.7 Nuisance, It shall be the responsibility of each Owner and Occupant to prevent the
development of any unclean, unhealthy, unsightly or unkempt condition on a Lot. No property
within the Community shall be used, in whole or in part, for the storage of any property or thing
that will cause such Lot to appear to be in an unclean or untidy condition or that will be
obnoxious to the eye; nor shall any substance, thing or material be kept that will emit foul or
obnoxious odors or that will cause any noise or other condition that will or might disturb the
peace, quiet, safety, comfort or serenity of the occupants of surrounding property. No noxious or
offensive activity shall be carried on within the Community. No plants, animals, device or thing
of any sort shall be maintained in the Community whose activities or existence is in any way
noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the
enjoyment of the Community by other Owners and Occupants. Without Hm1ting the generality
of the foregoing, no horn, whistle, siren, bell, amplifier or other sound device, except such
devices as may be uSed exclusively for security purposes or originally installed by Declarant,
shall be located, installed or maintained upon the exterior of any Lot.
7.8 Unsi2htlv or Unkempt Conditions. The pursuit of hobbies or other activities,
including specifically, without limiting the generality of the foregoing, the assembly and
disassembly of motor vehicles and other mechanical devices, which might tend to cause
disorderly, unsightly or unkempt conditions, shall not be pursued or undertaken in any part of the
Community.
7.9 Antennas. No exterior antenna, receiving dish or ~jml1nr apparatus of any kind for
receiving or transmitting of radio or video signals shall be placed, allowed or maintained upon
any portion of the Comm1mity, including any Lot, unless approved in accordance with the
provisions of Article 6 hereof; provided, however, no such approval shall be necessary to install
(a) antennas designed to receive direct broadcast satellite services, including direct-to-home
satellite services, that are one meter or less in diameter; (b) antennas designed to receive video
programmlng services via multi-point distribution services that are one meter or less in diameter
or diagonal measurement; or (c) antennas that are designed and intended to receive television
broadcast signals, so long as the mast does not extend more th~n twelve (12) feet in height.
Owners shall install any permitted antennae on the rear of the dwelling unless an acceptable
quality signal cannot otherwise be obtained. -
BOOK 22r, bPAGE 659
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BOOK 22'7bPAGE 660
7.10 Tree Removal. No trees that are more than four inches in diameter at a point 12
inches above the ground shall be removed from a Lot unless approved in accordance with the
provisions of Article 6 hereof. However, no ornamental or flowering trees, including, but not
limited to, dogwood trees, cottonwood trees, cherry trees or apple trees, regardless of diameter,
shall be removed from a Lot unless approved in accordance with the provisions of Article 6
hereof. The Association and Owners shall also comply with all zoning conditions and local
ordinances applicable to tree removal. In the event of a conflict between the provisions of this
Section and any zoning condition or local ordinance, the more restrictive provision shall govern.
This provision shall not apply to the removal of trees by the Declarant. The Association shall
protect and preserves existing tree cover in all flood prone areas within open space constituting
Common Property, except for utility crossings and access points.
7 .11 Draina~e. Catch basins, retention ponds, detention ponds, drainage easement areas
. and related drainage facilities are for the purpose of controlling the natural flow of water only.
No obstructions or debris shall be placed in these areas. No Owner may obstruct or alter the
drainage flows after location and installation of catch basins, retention ponds, detention ponds,
drainage swales, storm sewers or storm drains without approval in accordance with the
provisions of Article 6 hereof.
7.12 Si2bt Distance at Intersections, All property located at street intersections shall be
landscaped so as to permit safe sight across the street comers. No fence, wall, hedge, shrub or
other planting or thing shall be placed or permitted to remain where, in the opinion of the Board
of Directors, it would create an unsafe condition,
7.13 Garbal:te Cans, Woodpiles, Etc. All garbage cans, woodpiles, swimming pool
pumps, filters and related equipment, and other similar items shall be located or screened so as to
be concealed from view from neighboring streets and property. All rubbish, trash and garbage
shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris or
other waste matter of any kind may not be burned within the Community.
7.14 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed
except with the prior written approval in accordance with the provisions of Article 6 hereof.
Declarant, however, hereby expressly reserves the right to subdivide and/or revise and re-record
the subdivision plat of any Lot(s) with the consent of the Owner of the effected Lot(s) and to
approve the revision and re-recording of any plat of any Lot(s) owned by any builder or
developer, including, but not limited to, changing any Lot to Common Property or creating a
public or private street over any Lot or property that was formerly a Lot, without the consent of
any Person, other than the Owner(s) of such Lot(s).
7,15 Guns, The use of firearms in the Community is prohibited. The term "firearms"
includes, without limitation, B-B guns, pellet guns and firearms of all types.
7.16 Fences, No fence or fencing type barrier of any kind shall be placed, erected,
allowed or maintained upon any Lot without prior written approval in accordance with the '
provisions of Article 6 hereof. Guidelines detailing acceptable fence styles or specifications may
be issued pursuant to Article 6, but in no event may a chain link or barbed wire fence be
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approved; provided, however, the Declarant and the Association may erect any type of fence on
the Common Property or elsewhere within the Community as they may deem appropriate or as
necessary to satisfy the requirements of any law, regulation or governmental entity or for health
and safety of Owners and Occupants.
7.17 Utility Lines. Except as may be pennitted under and pursuant to Article 6 hereof,
no overhead utility lines, including lines for cable television, shall be installed within the
Community.
7.18 Air-Conditioning Units. No window air conditioning units may be installed.
7 .19 Li~ting. Exterior lighting on any Lot visible from the street shall not be permitted,
except for: (a) approved lighting as originally installed on a Lot; (b) one decorative post light; (c)
street lights in conformity with an established street lighting program for the Community; (d)
seasonal decorative lights; (e) front house illumination of model homes; or (f) other lighting
approved under and pursuant to Article 6 hereof.
7.20 Artificial Vegetation, Gardens, Play Equipment, Exterior Sculoture. Water Features
and Similar Items. No artificial vegetation shall be permitted on the exterior of any property.
No vegetable garden, hammock, statuary, play equipment (including, without limitation,
basketball goals), exterior sculpture, fountains or water features may be erected on any Lot,
without prior written approval in accordance with the provisions of Article 6 hereof and/or
compliance with written guidelines established under Article 6 hereof, as applicable.
7.21 Flags. No flags may be displayed on any Lot without prior written approval in
accordance with the provisions of Article 6 hereof; provided, however no such approval shall be
required to display the flag of the United States of America and the current flag of the State of
Georgia on a Lot in accordance with the provisions of the U.S. Flag Code (36 US Code 10) and
usual and customary practice. The Board of Directors of the Association may promulgate
reasonable rules and regulations with respect to the display of flags in the Community, including,
without limitation, regulating the size of flags that may be displayed.
7.22 EnerllV Conservation Equipment. No solar energy collector panels or attendant
hardware or other energy conservation equipment shall be constructed or installed unless as an
integral and harmonious part of the architectural design of a structure, as determined in the sole
discretion of the Declarant or the Architectural Review Committee as the case may be in
accordance with the provisions of Article 6 hereof.
7.23 Swimrninl! Pools. No swimming pool shall be constructed, erected or maintained
upon any Lot without prior written approval in accordance with the provisions of Article 6
hereof and in no event shall any above-ground swimming pool be permitted.
7.24 Mailboxes. All mailboxes serving Lots shall be approved in accordance with the
provisions of Article 6 hereof. Identical replacement mailboxes may be installed without further
approval; but no modification to or change in mailboxes may be made unless approved in
accordance with the provisions of Article 6 hereof.
BOOK 2 2 " 8 PAGE G 61
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BOOK 2 2 '7 8 PAGE li 6 2
7,25 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot.
7,26 Entrv Features. Owners shall not alter, remove or add improvements to any entry
feature constructed or erected by the Declarant or the Association on any Lot, or any part of any
easement area associated therewith without prior approval in accordance with the provisions of
Article 6 hereof.
Article 8
Insurance and Casualty Losses
8.1 Insurance on Common Property. The Association shall obtain the insurance
coverage necessary to satisfy the requirements of the Federal Home Loan Mortgage Corporation,
the Federal National Mortgage Association ("Fannie Mae"), the U.S. Department of Veterans
Affairs ("V A"), and the U.S, Department of Housing and Urban Development ("HUD"), as
applicable to the Community. Accordingly, the Board of Directors shall obtain casualty
insurance for all insurable improvements, whether or not located on the Common Property,
which the Association is obligated to maintain. This insurance shall provide, at a minimum, fire
and extended coverage and shall be in an amount sufficient to cover the full replacement cost of
any repair or reconstruction in the event of damage or destruction from any such hazard. The
Board of Directors shall obtain a public liability policy applicable to the Common Property
covering the Association and its members for all damage or injury caused by the negligence of
the Association or any of its members or agents, and, if reasonably available, directors' and
officers' liability insurance. The public liability policy shall have a combined single limit of at
least One Million ($1,000,000.00) Dollars. Policies may contain a reasonable deductible as
determined by the Board of Directors. In addition to the other insurance required by this Section,
the Board of Directors shall obtain worker's compensation insurance, ifand to the extent
necessary to satisfy the requirements of applicable laws, and a fidelity bond or bonds on
directors, officers, employees and other persons handling or responsible for the Association's
funds, if reasonably available. Ifobtained, the amount of fidelity coverage shall cover the
maximum funds that will be in the custody of the Association or its management agent at any
time while the policy is in force, or any lesser amount of fidelity coverage allowable under the
applicable Fannie Mae guidelines. Fidelity coverage shall contain a waiver of all defenses based
upon the exclusion of persons serving without compensation. All such insurance coverage shall
be written in the name of the Association.
8.2 Individual Insurance, By virtue of taking title to a Lot subject to the terms of this
Declaration, each Owner acknowledges that the Association has no obligation to provide any
insurance for any portion of individual Lots and each Owner covenants and agrees with all other
Owners and with the Association that each Owner shall carry all-risk casualty insurance on the
Lot and all structures constructed thereon and a liability policy covering damage or injury
occurring on a Lot. The casualty insurance shall cover loss or damage by fire and other hazards
commonly insured under an all-risk policy, if reasonably available and shall be in an amount
sufficient to cover the full replacement cost of any repair or reconstruction in the event of
damage or destruction from any such hazard. The policies required hereunder shall be in effect
at all times,
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8.3 Damae:e and Destruction .. Insured by Association. Immediately after damage or
destruction by fire or other casualty to any portion of any improvement covered by insurance
written in the name oftbe Association, the Board of Directors or its duly authorized agent shall
proceed with the filing and adjustment of all claims arising under such insurance and obtain
reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed
property. Repair or reconstruction, as used in this Section, means repairing or restoring the
property to substantially the same condition and location that existed prior to the fire or other
casualty, allowing for any changes or improvements necessitated by changes in applicable
building codes. Any damage or destruction to property covered by insurance written in the name
of the Association shall be repaired or reconstructed unless, within 60 days after the casualty, a
proposal not to repair or reconstruct such property is approved by at least 75% of the Total
Association Vote and the Declarant. If for any reason either the amount of the insurance
proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates
of the cost of repair or reconstruction, or both, are not made available to the Association within
such period, then the period shall be extended until such information shall be made available;
provided, however, such extension shall not exceed 60 days. If the damage or destruction for
which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are
not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a
vote of the members of the Association, levy a special assessment against the Owner of each Lot.
Additional assessments may be made in like manner, as necessary, at any time during or
following the completion of any repair or reconstruction. If the funds available from insurance
exceed the costs of repair or reconstruction or if the improvements are not repaired or
reconstructed, such excess shall be deposited to the benefit of the Association. In. the event that
it should be detennined by the Association in the manner described above that the damage or
destruction shall not be repaired or reconstructed and no alternative improvements are
authorized, the property shall thereafter be maintained by the Association in a neat and attractive
condition.
8.4 Damae:e and Destruction -- Insured bv Owners. The damage or destruction by fire or
other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner
thereofwithin 75 days after such damage or destruction or, where repairs cannot be completed
within 75 days, they shall be commenced within such period and shall be completed within a
reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on
the Lot and remove all debris therefrom within 75 days after such damage or destruction.
Article 9
Mortgajl;ee Provisions
9.1 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 Lot number, therefore 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 Community or which affects any Lot 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 an Owner of a Lot subject to the Mortgage of such
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BOOK 2 2 '7 B PAGE G 6 3
BOOK 2 2 t; 8 PAGE 6 6 4
eligible holder, where such delinquency has continued for a period of sixty (60) days; provided,
however, notwithstanding this provision, any holder of a first Mortgage, upon request, is entitled
to written notice from the Association of any default in the performance by the Owner of the
encumbered Lot of any obligation under the Declaration or Bylaws of the Association which is
not cured within sixty (60) days; and (c) any lapse, cancellation, or material modification of any
insurance policy maintained by the Association.
9.2 Audit. Upon written request of any institutional holder of a first Mortgage and upon
payment of all necessary costs, such holder shall be entitled to receive a copy of audited financial
statements of the Association within 90 days of the date of the request.
9.3 No Priority. No provision of this Declaration or the Bylaws gives any Owner or
other party priority over any rights of a Mortgagee of any Lot in the case of distribution to such
Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common
Property.
Article 10
Easements
10.1 General. Each Lot shall be subject to those easements, if any, shown or set forth on
the recorded subdivision plat for the Community, as amended from time to time as well as the
easements now or hereafter established by the Declarant in this Declaration or by any other
document recorded in the Office of Superior Court of Fayette County, Georgia.
10.2 Easements for Use and Enjoyment. Every Owner shall have a right and easement
of ingress and egress, use and enjoyment by the Owner and the Occupants oftbe Owner's Lot in
and to the Common Property which shall be appurtenant to and shall pass with the title to each
Lot, subject to the following:
(a) the right of the Association to borrow money for the purpose of improving the
Common Property, or any portion thereof, or for construction, repairing or improving any
facilities located or to be located thereon and, upon the affirmative vote of the Owners of at least
two-thirds of the Lots (other than Declarant) and the consent of Declarant, to give as security for
the payment of any such loan a Mortgage conveying all or any portion of the Common Property;
provided, however, the lien and encumbrance of any such Mortgage given by the Association
shall be subject and subordinate to any rights, interests, options, easements and privileges herein
reserved or established for the benefit of Declarant or any Owner or the holder of any Mortgage
encumbering any Lot or other property located within the Community (Regardless of any
contrary provision in this Declaration or in any such Mortgage given by the Association, the
exercise of any rights by the holder of such Mortgage in the event of a default thereunder shall
not cancel or terminate any rights, easements or privileges herein reserved or established for the
benefit of Declarant or any Owner or the holder of any Mortgage encumbering any Lot or other
property located within the Community);
(b) the right of the Association, acting through the Board of Directors and without a vote
of the members, to dedicate or grant licenses, permits, easements and rights-of-way over, under
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and through the Common Property to government entities, any quasi-governmental agency or to
any utility company or cable television company;
(c) the right of the Association to dedicate or transfer all or any portion of the Common
Property upon the approval of the Owners of at least two-thirds of the Lots (other than Declarant)
and the Declarant;
(d) all other rights of the Association, the Declarant, Owners and Occupants set forth in
this Declaration or in any deed conveying Common Property to the Association; and
(e) all encumbrances and other matters shown by the public records affecting title to the
Common Property.
10.3 Easements for Utilities. There is hereby reserved. to the Declarant and granted to
the Association a blanket easement upon, across, above and under all property within the
Community for access, ingress, egress, installation, alteration, repairing, replacing, and
maintaining all utilities serving the Community or any portion thereof, including, but not limited
to, gas, water, sanitary sewer, telephone and electricity, as well as storm drainage and any other
service such as. but not limited to. a master television antenna system, cable television system. or
security system which the Declarant or the Association might decide to have installed to serve
the Community. Declarant, the Association or the designee of either, as the case may be, may
alter drainage and water flow, install, repair, replace and maintain or authorize the installation,
repairing, replacing and maintaining of such wires. conduits, cables and other equipment related
, to the providing of any utility or service. Should any party furnishing any such utility or service
request a specific license or easement by separate recordable document, the Declarant or the
Board shall have the right to grant such easement.
10.4 Easement for Emergencv Entry. The Association shall have the right, but not the
obligation, to enter upon any Lot for emergency. security and safety reasons and to inspect for
the purpose of ensming compliance with this Declaration, any Supplemental Declaration,
Bylaws, and rules. which right may be exercised by any member of the Board, the officers,
agents, employees, and managers of the Association and all policemen, firemen, ambulance
personnel, and similar emergency personnel in the performance of their respective duties.
Except in an emergency situation, entry shall only be during reasonable hours and after notice to
the Owner. This right of entry shall include the right of the Association to enter upon any Lot to
cure any condition which may increase the possibility of a fire, slope erosion or other hazard in
an emergency situation and in the event an Owner fails or refuses to cure the condition within a
reasonable time after requested by the Association, but shall not authorize entry into any single
family dwelling without permission of the Owner.
10.5 Easement for Maintenance. Declarant hereby grants to the Association a perpetual
easement across the exterior portions of all Lots as may be reasonably necessary for the
maintenance required hereunder. Such maintenance shall be performed. with a minimllm of
interference to the quiet enjoyment to Lots, reasonable steps shall be taken to protect such
property and damage shall be repaired by the Association or its contractors at their sole expense.
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BOOK 2 2 7 S PAGE 6 6 5
BOOK 2 2 " 8 PAGE 6 6 6
10.6 Easement for Entrv Features and Streetscaoes, There is hereby reserved to the
Declarant and granted to the Association an easement for ingress, egress, installation,
construction, landscaping and maintenance of entry features and similar streetscapes for the
Community, over and upon any portion of a Lot containing such entry features or streetscapes as
may be more fully described on the recorded subdivision plats for the community. The easement
and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers
and other vegetation around entry features and streetscapes and the right to grade the land under
and around the same.
10,7 Easement for Draina~e, There is hereby reserved to the Declarant and granted to
the Association a blanket easement for creating and maintaining satisfactory drainage across the
Community; provided however such easement area shall not include any portion of a Lot upon
which the foundation of a dwelling is located, This easement shall include the right to construct
and maintain catch basins, tetention ponds, detention ponds, drainage swales, storm sewers,
storm dr:=Jin.c:.; sloping banks, cut or fill. Neither the Declarant, the Association or any Owner
constructing according to plans and specifications approved under Article 6 hereof shall have
any liability to any Owner due to the increased flow or increased velocity of surface water
resulting from approved construction on a Lot.
10.8 Easement Durinll Construction and Sale Period. Notwithstanding any provisions
now or hereafter contained in this Declaration, the Bylaws, Articles of Incorporation, use
restrictions, rules and regulations, architectural guidelines, and amendments thereto, Declarant
reserves an easement across the Community for Declarant and any builder approved by
Declarant to maintain and carry on, upon such portion of the Community as Declarant may
reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may
be required or convenient for Declarant's and such builder's development, construction and sales
activities related to property hereby and hereafter subjected to this Declaration or nearby
property being developed by Declarant or such builders, including, but not limited to: the right of
access, ingress and egress for vehicular and pedestrian traffic and construction activities over,
under, on or in the Community, including, without limitation, any Lot; the right to tie into any
portion of the Community with streets, driveways, paths, parking areas and walkways; the right
to tie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), '
replace, relocate, maintain and repair any device which provides utility or similar services
including, without limitation, electrical, telephone, cable television, natural gas, water, sewer and
drainage lines and facilities constructed or installed in, on, under and/or over the Community; the
right to grant easements over, under, in or on the Community, including without limitation the
Lots, for the benefit of neighboring properties for the purpose of tying into and/or otherwise
connecting and using sewer and drainage lines and facilities constructed or installed in, on, under
and/or over the Community; the right to convert Lots (with the consent of the Owner thereof) to
Common Property and/or streets; the right to construct recreational facilities, utilities and other
improvements on Common Property; the right to carry on sales and promotional activities in the
Community; and the right to construct and operate business offices, signs, construction trailers,
model residences and sales offices. Declarant and any such builder may use residences, offices
or other buildings owned or leased by Declarant or such builder as model residences and sates
offices and may also use Community recreational facilities as a sales office without charge. This
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~
Section shall not be amended without the Declarant's written consent until the Declarant's rights
hereunder have tenninated as herein provided.
Article 11
General Provisions
11.1 Enforcement. Each Owner and Occupant shall comply strictly with the Declaration,
Bylaws, rules and regulations and use restrictions, as amended or modified from time to time,
and with the covenants, conditions, easements and restrictions set forth in this Declaration, the
recorded subdivision plats for the Community and in the deed to such Owner's Lot. The Board
of Directors may impose fines or other sanctions for violations of the foregoing, which shall be
collected as provided herein for the collection of assessments. Failure to comply with this
Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover
sums due for damages. or injunctive relief or both, including, without limitation, reasonable
attorney's fees actually incurred, maintainable by the Association,' the Declarant or an aggrieved
Owner. Failure by the Declarant, the Association or any Owner to enforce any of the foregoing
shall in no event be deemed a waiver of the right to do so thereafter. The Association shall have
the right to record in the appropriate land records a notice of violation of the Declaration,
Bylaws, rules and regulations, use restrictions or architectural guidelines and to assess the cost of
recording and removing such notice against the Lot of the Owner who is responsible (or whose
Occupants are responsible) for violating the foregoing.
11.2 Occuoants Bound, All provisions of the Declaration, Bylaws, rules and regulations,
use restrictions and architectural guidelines which govern the conduct of Owners and which
provide for sanctions against Owners shall also apply to all Occupants and the guests and
invitees of Owners and Occupants. The Owner shall be responsible for insuring that the
Occupants, the guests, invitees and licensees of the Owner and Occupant strictly comply with all
provisions of the Declaration, Bylaws, rules and regulations, use restrictions and architectural
guidelines.
11.3 Self-Help. In addition to any other remedies provided for herein, the Association,
the Declarant, the Architectural Review Committee or their respective duly authorized agents
shall have the power to enter upon any Lot or any other portion of the Community to abate or
remove any structure, thing or condition which violates this Declaration, the Bylaws, the rules
and regulations or the use restrictions. Unless an emergency situation exists, the violating Owner
shall be given ten days' written notice of the intent to exercise self-help. Notwithstanding the
foregoing, vehicles may be towed after giving any notice required by law. All costs of self-help,
including, without li~tation, reasonable attorney's fees actually incurred, shall be assessed
against the violating Owner as a specific assessment.
11.4 Duration. The covenants, conditions, restrictions and easements contained in this
Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be
enforceable by the Association, the Declarant and any Owner, their respective legal
representatives, heirs, successors, and assigns, perpetually to the extent provided by law;
provided, however, if and to the extent that, Georgia law limits the period during which
covenants restricting land to certain uses may run, any provisions of this Declaration affected
BOOK 2 r.: '18 PAGE G 6 7
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B,OOK 22',8PAGE 668
thereby shall run with and bind the land so long as permitted by such law, after which time, any
such provision(s) shall be (a) automatically extended for successive periods of twenty (20) years
(or the maximum period allowed by applicable law, if less), unless a written instrument signed
by the then Owners of at least two-thirds (2/3) of the Lots has been recorded within the year
immediately preceding the beginning of a twenty (20) year renewal period agreeing to change
such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall
be modified or terminl\ted to the extent specified therein; or (b) extended, renewed, modified or
tenninated as otherwise provided herein or by applicable law.
11.5 Termination of Riehts of Declarant. The rights of Declarant to take, approve or
consent to actions Wlder this Declaration, the Articles of Incorporation and the Bylaws shall
cease and be of no further force and effect upon the earlier of: (a) the date that the Declarant no
longer owns any property in the Community and no longer has the right to unilaterally annex
additional propeJ:ty to the Community as provided herein and a certificate of occupancy has been
issued for a dwelling on each Lot in the Community; or (b) the date of recording by Declarant in
the real estate records of the county where the Community is located of a written instrument
terminating all of Declarant's rights hereunder.
11.6 Amendment. This Declaration may be amended unilaterally at any time and from
time to time by Declarant (a) if such amendment is necessary to bring any provision hereof into
compliance with any applicable governmental statute, rule or regulation or judicial determination
which shall be in conflict therewith; (b) if such amendment is necessary to enable any reputable
title insurance company to issue title insurance coverage with respect to the Lots subject to this
Declaration; (c) if such amendment is required by an institutional or governmental lender or
purchaser of mortgage loans, including, without limitation, the Federal National Mortgage
Association or the Federal Home Loan Mortgage Corporation, to enable .such lender or purchaser
to make or purchase Mortgage loans on the Lots subject to this Declaration; or (d) if such
amendment is necessary to enable any governmental agency or private insurance company,
including without limitation, the U.S. Department of Housing and Urban Development and the
U.S, Department of Veterans Affairs, to insure or guarantee Mortgage loans on the Units subject
to this Declaration; provided, however, any such amendment shan not adversely affect the title to
any Lot unless the Owner of such Lot consents thereto in writing. Further, Declarant may
unilaterally amend this Declaration for any other purpose; provided, however, any such
amendment shall not materially adversely affect the substantive rights of any Owners hereunder
nor shall it adversely affect title to any Lot without the consent of the affected Owner. The
Board of Directors, with the written consent of the Declarant, and without a vote of the members
may amend this Declaration for the sole purpose of electing to be governed by and thereafter
complying with the provisions of the Georgia Property Owner's Association Act, O.C.G.A. ~ 44-
3-220 et seq. In addition to the above, this Declaration may be amended upon the affirmative
vote or written consent of Owners of at least two-thirds of the Lots and the consent of Declarant.
Amendments to this Declaration shall become effective upon recordation unless a later effective
date is specified therein. The consent of the Declarantto any amendment shall be evidenced by
the execution of said amendment by Declarant. The consent of the requisite number of Owners
to any amendment shall be evidenced by the execution of the amendment by said Owners, or, in
the alternative, the sworn statement of the President or any Vice President or the Secretary of the
Association attached to or incorporated in the amendment, which sworn statement states
-24-
unequivocally that the consent of the required number of Owners was obtained and that any
notices required by this Declaration, the Bylaws, the Articles of Incorporation and Georgia law
were given.
11,7 Gender and Grammar. The singular. wherever used herein, shall be construed to
mean the plural, when applicable, and the use of the masculine or feminine pronoun shall include
the neuter. masculine and feminine.
11.8 Severability. Whenever possible. each provision of this Declaration shall be
interpreted in such manner as to be effective and valid, but if the application of any provision of
this Declaration to any Person or to any property shall be prohibited or held invalid, such
prohibition or invalidity shall not affect any other provision or the application of any provision
which can be given effect without the invalid provision or application and, to this end, the
provisions of this Declaration are declared to be severable.
11.9 Captions. The captions of each Article and Section hereof, as to the contents of
each Article and Section, are inserted only for convenience and are in no way to be construed as
defining, limiting, extending or otherwise modifying or adding to the particular Article or
Section to which they refer.
11.10 No Mer~er. There shall be no merger of any of the covenants, conditions.
restrictions or easements created or reserved hereby with the fee estate of Declarant. by reason of
the fact that Declarant may own or hold the estate or interest both encumbered and benefited by
such covenants, conditions, restrictions or easements and no such merger shall occur unless and
until Declarant, while owning all of the estate or interests shall execute a written statement or
instrument affecting such merger and shall duly record the same.
11,11 Preparer. This Declaration was prepared by Lisa A. Crawford, Dorough &
Dorough, LLC, 125 Clairemont Avenue, Suite 520. Decatur, Georgia 30030.
11.12 Notices. Notices provided for in this Declaration or the Articles or Bylaws shall
be in writing, and shall be addressed to any Owner at the address of the Lot and to the Declarant
or the Association at the address of their respective registered agent in the State of GeOrgia. Any
Owner may designate a different address for notices to such Owner by giving written notice to
the Association. Notices addressed as above shall be mailed by United States Registered or
Certified Mail. return receipt requested, postage paid, or delivered in person, including delivery
by commercial courier service. The time period in which a response to any such Notice must be
given or any action taken with respect thereto, shall commence to run from the date of personal
delivery or receipt on the return receipt of the Notice by the addressee thereof. Rejection or
other refusal to accept or the inability to deliver because of changed address of which no Notice
was given shall be deemed to be receipt of the Notice sent.
11.13 Perpetuities. If any of the covenants, conditions, restrictions or other provisi9ns of
this Declaration shall be unlawful. void or voidable for violation of the rule against perpetuities,
then such provisions shall continue only until 21 years after the death of the last survivor of the
now living descendants of Elizabeth IT, Queen of England.
BOOK 2 2 '7 8 PAGE 6 6 9
-25-
BOOK 2 2 '7 8 PAGE G 7 0
11,14 No Discrimination. No action shall be taken by the Declarant, the Association or
the Board of Directors which would discriminate against any person on the basis of race, creed,
color, national origin; religion, sex, familial status or disability.
11.15 fudemnification. To the fullest extent allowed by the Georgia Nonprofit
Corporation Code, and in accordance therewith, the Association shall indemnifY every current
and former officer, director and committee member against any and all expenses, including, but
not limited to, attorney's fees, imposed upon or reasonably incurred by any officer, director or
committee member 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 such officer,
director or committee member may be a party by reason of being or having been an officer,
director or committee member. The officers, directors and committee members shall not be
liable for any mistake of judgment, negligent or otherwise, except for their own individual
willfu~ misfeasance, malfeasance, nllsconduct or bad faith. The officers, directors and committee
members shall have no personal liability with respect to any contract or other commitment made
by them, in good faith, on behalf of the Association and the Association shall indemnify and
forever hold each such officer, director and committee member free and harmless against any
and all liability to others on account of any such contract or commitment. Any right to
indemnification provided for herein shall not be exclusive of any other rights to which any
officer, director or committee member, or former officer, director or committee member, may be
entitled. The Association shall maintain adequate general liability and officers' and directors'
liability insurance to fund this obligation, if such coverage is reasonably available,
11.16 Notice of Sale. Lease or Acquisition. Prior to the sale or lease of a Lot, the Owner
shall provide the Association with written notice of the name of the purchaser or lessee, as the
case may be, and such other information as the Board may reasonably require. Upon acquisition
of a Lot each new Owner shall provide the Association with written notice of the name and
mailing address of the Owner and such other information as the Board may reasonably require.
11.17 Agreements. Subject to the prior approval of Declarant all agreements and
determinations, including settlement agreements regarding litigation involving the Association,
lawfully authorized by the Board of Directors, shall be binding upon all Owners, their heirs, legal
representatives, successors, assigns and others having an interest in the Community or the
privilege of possession and enjoyment of any part of the Community.
11.IS Variances, Notwithstanding anything to the contrary contained herein, the Board
of Directors shall be authorized to grant individual variances from any of the provisions of this
Declaration, the Bylaws and any rule, regulation or use restriction promulgated pursuant thereto,
if it determines that waiver of application or enforcement of the provision in a particular case is
warranted and would not be inconsistent with the overall scheme of development for the
Community.
11. ] 9 Litillation. No judicial or administrative proceeding shall be commenced or
prosecuted by the Association unless approved by at least 75% of the Total Association Vote and
the consent Declarant. This Section shall not apply to (a) actions brought by the Association to
enforce the provisions of this Declaration (b) the imposition and collection of assessments as
-26-
provided herein. (c) proceedings involving challenges to ad valorem taxation, or (d)
counterclaims brought by the Association in proceedings instituted against it. This Section shall
not be amended unless such amendment is made unilaterally by the Declarant as provided herein
or is approved by the percentage votes necessary to institute proceedings as provided above.
[SIGNATURES ON FOLLOWING PAGE]
BOOK 2 2 ;7 8 PAGE 6 71
-27-
BOQJ{ 22', bPAGE 672
IN WITNESS WHE~OF, the Declarant herein hereby executes this instrument under
seal, this ~1l1ay of .... JIJL..'1 .2003.
DECLARANT:
Signed, sealed, and delivered
in the presence of:
,.-'-'-?~ ~0Atv-0~
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... <.~&;~~~!?;0\;f;i~~~~~::: .
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P;\ClientsU OI4Peacbtree City - Ultima\Asbton ReservelDcclaration,doc
By:
~28-
..jcIkll 5~
O;Jf~
(SEAL)
EXHIBIT nAil
LEGAL DESCRIPTION
All that tract or parcel Qf land lying in and being in Land Lot 164 of the Th Distric~ 2nd Fayette
C01mty, Georgia, containing 30.484 acres, as shown on that survey for Ashton Atlanta Residen~
L.L.C., United General TItle Insurance Company & Washington Mutual B~ prepared by
Surveying Solutions, Inc., contflining the seal of Jeffrey L. Nipper, Georgia Registered Land
Surveyor No. 27~6, tJ~tf"-d March 19,2003, last revised March 25,2003, being more particularly
described as follows:
To find the TRUE POINT OF BEGINNING, COMMENCE at an 1/2 inch rebar at northwesterly
intersection.ofthe rights-of-way of Beaver Dam Road (50' right-of-way) and North Meade Drive
(50' right-of.way), thence rnnning along the western right-of.way of North Meade Drive North 00
degrees 02 minvtes 42 seconds West a distance of78.33 feet to a point; thence continue along said
right-of-way along a curve to the left an arc distance of78.05 feet to a an iron pin set (1/2 inch
rebar), said cmve being subtended by a chord bearing North 07 degrees 40 minutes 08 seconds East
a chord distance of 77.82 feet, with a 293.38 foot radius, said iron pin set (1/2 inch rebar) also
being known as TH It: TRUE POINT OF BEGINNING; FROM THE POINT OF BEGINNING
AS THUS ESTABLhoi:H 11:0, thence along a curve to the left an arc distance of 182.89 feet to a
poin~ said arc being subtended by a chord distance of 179.94 feet, and having a chord bearing of
North 33 degrees 09 minlrtes 28 seconds West, with a 293.28 foot radius; thence North 51 degrees
01 minlrtes, 23 seconds West a distance of 104.61 feet to a point; thence along a curve to the left an
arc distance of 32.34 feet to an iron pin set (1/2 inch rebar), said arc being subtended by a chord
distance of32.33 feet and having a chord bearing of North 52 degrees 44 minutes 01 seconds West,
with a 541.57 foot radius; thence 44 degrees 11 minutes 37 seconds West a distance of 150.00 feet
to an iron pin sent (1/2 inch rebar); thence South 28 degrees 58 minutes 23 seconds East a distance
of 180.00 feet to iron pin found (1/2 inch rebar); thence South 58 degrees 01 minutes 04 seconds
West, a distance of 178.52 feet to an iron pin found (112 inch rebar); thence South 68 degrees 18
minutes 25 seconds West, a distance of215.04 feet to an iron pin set (112 inch rebar); thence South
70 degrees 13 minutes 13 seconds West, a distance of 140.15 feet to an iron pin found (1/2 inch
rebar); thence North 02 degrees 19 minutes 09 seconds West, a distance of24.01 feet to an iron pin
set (1/2 inch rebar) at a point on the approYimme l00-year flood line (as determined by a field ran
survey and referenced to the Flood Insurance Rate Map, Qlmmunity Panel Number 13113 COO6O
D, dated March 18, 1996); thence continuing along the 100 year flood line the following courses
and distances, South 89 degrees 05 minntes 22 seconds West, a distance of 119.06 feet to a point;
thence North 28 degrees 28 minutes 33 seconds West,. a distance of 57.10 feet to a point; thence
North 03 degrees 49 minutes 00 seconds West, a distance of 137.61 feet to a point; thence North 17
degrees 04 minutes 59 Seconds West, a distance of 113.71 feet to a point; thence North 09 degrees
31 minutes 35 seconds West, a distance of 135.85 feet to a point; thence continuing along the 100
year flood line North 00 degrees 04 minutes 43 seconds East, a distance of 94.44 feet to a point;
thence continuing along the 100 year flood line North 42 degrees 05 minutes 02 seconds Eas4 a
distance of 45.97 feet to a point; thence continuing along the 100 year flood lineNorth 83 degrees
17 minutes 41 seconds Bast, a distance of 128.28 feet to a point; thence North 69 degrees 20
minutes 19 seconds East, a distance of 94.33 feet to a point; thence North 31 degrees 49 mimltes 38
seconds East, a distance of 77 .3 7 feet to a point; thence North 02 degrees 04 minutes 17 seconds
BOOK 2 2 '( 8 PAGE 6 7 3
BOOK 2 2 7 8 PAGE 6 7 4
West, a distance of 69.11 feet to a point; thence North 24 degrees 31 min1It:es 25 seconds West, a
distance of 150.56 feet to a point; thence North 09 degrees 55 minutes 10 seconds West, a distance
of87.01 feet to a point; thence North 30 degrees 02 minlrtes 08 seconds West, a distance of 43.25
feet to a point; thence North 54 degrees 43 minlJtes 31 seconds West, a distance of90.78 feet to a
point; thence North 87 degrees 13 mimrtes 08 seconds West, a distance of 120.05 feet to a point;
thence South 81 degrees 00 mimrtes 05 seconds West, a distance of 154.28 feet to a point; thence
North 57 degrees 23 mimttes 55 seconds West, a distance of 74. 13 feet to a point; thence North 37
degrees 35 mimJtacJ 38 seconds West, a distance of 91.92 feet to a point; thence North 20 degrees
29 minlttes 36 seconds West, a distance of73.73 feet to a point; thence North 04 degrees 33
minutes 04 seconds West, a distance of 73.46 feet to a point; thence North 20 degrees 24 minlUes
28 seconds West, a distance of 69.25 feet to a point; thence North 38 degrees 11 minlrtes 24
seconds West, a distance of 42.06 feet to an iron pin set (I12 inch rebar) on the northern land lot
line ofland lot 164; thence leaving the 100 flood line flmning along the northern land lot line of
said land lot South 88 degrees 50 mimttes 13 seconds East, a distance of 1488.90 feet to an iron pin
found (I>> crimp top pipe); thence leaving said land lot line South 00 degrees 02 min1.ltes 48 seconds
East, a distance of t 1 ()(J;77 feet to an iron pin set (1/2 inch rebar); thence South 82 degrees 33
minutes 00 seconds West, a distance of 162.29 feet to an iron pin set (1/2 inch rebar) on the easterly
right-of-way of North Meade Drive; thence South 80 degrees 02 mintttes 57 seconds West, a
distance of 50.19 feet to an iron pin set, said pin also being known as the TRUE POINT OF
BEGINNING.
'.
EXHffiIT "B"
Additional Propertv Which May Be Unilaterally
Submitted To This Declaration by Declarant
All that tract or parcel of land lying and being in Land Lots 164 and 165 of the 7th
District, Fayette County, Georgia
BOOK 2;2', B PAGE 6 7 5
BOOK 22 '7 8 PAGE 6 76
REC'O J t. ~.! 0 2 2004
EXHIBIT "C"
BYLAWS
OF
CHADSWORTH AT ASHTON RESERVE HOMEOWNERS ASSOCIATION, INC.
Prepared By:
Lisa A. Crawford
Dorough & Dorough, LLC
Attorneys at Law
Two Decatur TownCenter, Suite 520
125 C1airemont Avenue
Decatur, Georgia 30030
(404) 687-9977
BYLAWS
OF
CHADSWORTH AT ASHTON RESERVE HOMEOWNERS ASSOCIATION, INC.
- TABLE OF CONTENTS -
Page Number
ARTICLE 1 NAME. MEMBERS.HJ..r. APPLICABILITY AND DEFINITIONS ............................................... 1
1.1 NAME .................................................,.................................. ............... ................ ............... ........ ..................... 1
. 1.2 MEMBERSHIP .....................:...... ....... ......................... ............. .....:.... ............ ................. ................... ...:..... ........ 1
1.3 DEFINITIONS ............ .......... ....... ......... ........................................................................... ....... .... ............ ............. 1
ARTICLE 2 ASSOCIATION: MEETINGS, QUORUM, VOTING, PROXIES ................................................ 1
2.1 PLACE OF MEETINGS ...... ................... .............,..... ......... .... ......... ..... ..... ............ ................... ........ ........ ............. 1
2.2 ANNUAL MEETING!il.,... .................. ................................ ........................,..................................... ........ ...,......... 1
2.3 SPECIAL MEETINGS .................. ..................................... .................................................................. .... ............. 1
2.4 REcoRD DAlE .................................... .................................................. .................................................... ........ 1
2.5 NOTICE OF MEETINGS............. ....... ................................................... ............ ............................... ...................... 2
2.6 WAIVER OF NOTICE ............ ........... ........................ ....................................... ......... ........ ................................... 2
2.7 ADJOURNMENT OF MEETINGS ... ........................................................................................ ............................... 2
2.8 MEMBERSHIP LIST ..................... .................................................................................... ....... ............................ 2
2.9 VOTING ...................................... ........_...................:... ................................................... ................................... 2
2.10 PROXIES.... .......:. .............. .............. ........................ ........................................... ............................................... 2
2.11 QVORVM ,........... .......... ........... "..... .............. .......... ..... ........ .............. ............................................................... 3
2.12 AcnON WnHOUT A FORMAL MEETING ................,.... ............. .......... ............................ .....,............. ........ ,...... 3
2.13 AcnON By WklTl'hN' BAlLOT..... ................................... ..............."...... ........................ .................................. 3
ARTICLE 3 BOARD OF DIRECTORS: NUMBER. POWERS. MEETINGS .................................................. 3
3.1 GoVERNING BODY: CoMPOSITION ...................................................... ........ ....... ......... .............. ....................... 3
3.2 DIRECTORS APPOINTED BY DECLARANT ................................... ................................................ ....................... 4
3.3 NUMBER OF DIRECTORS ........................ ................................ ..... .............. ............... ..... .................. ........ .......... 4
3 .4 NOMINATION OF DIRECTORS ......... ........ ................................. ......................... ................ ...... .... ............. .......... 4
3.5 ELECTION AND TERM OF OFFICE ............ ........................... ........................................................ ................. ...... 4
3.6 REMoVAL OF DIRECTORS ........... ........ ........, ..... ............. ...:......... ..... '............ ......................... ....~...................... 4
3.7 V ACANCIBS .......................... .... ............ ........ .................. ..... ...................... ....... ...._... .............. ......... ............ ...... 5
3.8 QRGANlZA nON MEETINGS ............. ......... .... .......... ........ ..... ....,............. ............ ................... ........... .................. 5
BOOK 2.2', 8 PAGE
678
AR..TICLE 4 O.FFICE.RS ........................................................._...........................................................................11I......11I................_....._.._..................11I 8
4.1 OFFICERS .................,............................................ ................. ........................................................................... 8
4.2 ELECTION. TERM OF OFFICE. AND VACANCIES .................. ........ ................................................. ...................... 8
4.3 ADDITIONAL OFFICERS AND AGENTS ......................................................................."...................................... 8
4.4 SALARIES....................................................,..... ,............................................. ............................,........,.....,...... 8
4.5 REMoVAL ................................ ......................... ............. .............".......... .......................................................... 8
4.6 PREsIDENT ..........................................................................................,....................................................,........ 8
4.7 VICE PRESIDENT .................................................... ..................... ..... ............ ...."............................................... 9
4.8 SECRETARY .................. ................................ ................................................... .............. ,.................................. 9
4.9 'TREAsURER .................. ..... ........................ ................. ...................................................................................... 9
4.1 0 REsIGNATION ..............,..... ....,.. ...................................... .................................................................................. 9
ARTICLE 5 CO~IJ:l-1.EES III_.................................~..........~..............................................................11I....11I11I_.11I_11I11I_......._..._.....-..._....... 9
ARTICLE 6 l\fiSCELLANEOUS .......................................................................................................................... 10
6.1 FISCAL yEAR............. ......... ,.......".. .......................... ........ .................................. ................. ......... .................... 10
6.2 P ARLlAMENTARY RULES ............... ......... ................. ..... .......................................................... .................... ...... 10
6.3 CONFLIG~ ......................... ........................ ............. ............ .... ......................... ......... ......... ......... ................... 10
6.4 AMENDMENT ............... .............. ................., ........................ ..... .................... ..... ........ ......... ............. ............... 10
-ll-
BYLAWS
OF
CHADSWORTH AT ASHTON RESERVE HOMEOWNERS ASSOCIATION, INC.
Article 1
Name, Membership, Applicability and D~finitions
1.1 Name. The name of the corporation shall be Chadsworth at Ashton Reserve
Homeowners Association, Inc, (hereinafter sometimes referred to as the "Association").
1.2 Membership. The Association shall.have one class of membership, as is more fully
set forth in that certain Declaration of Protective Covenants, Conditions, Restrictions and
Easements for Chadsworth at Ashton Reserve (such Declaration, as amended, renewed, or
extended from time to time, is hereinafter sometimes referred to as the "Declarationll), the terms
of which pertaining to membership are specifically incorporated by reference herein.
1.3 Definitions. The words used in these Bylaws shall have the same meaning as set
forth in the Declaration, unless the context shall prohibit.
Article 2
Association: Meetin~, Quorum, V otin~ Proxies
2.1 Place of Meetings. Meetings of the Association shall be held at the principal office
of the Association or at such other suitable place convenient to the members as may be
designated by the Board of Directors, either in the Community or as convenient thereto as
possible and practical.
2.2 Anmlal Meetin~. There shall be an annual meeting of the members at such date,
place and time as the Board of Directors shall determine to receive the reports of the outgoing
Board of Directors, to install directors for the ensuing year and to transact such other business as
may come before the meeting.
2.3 Special Meetings. The President or the Board of Directors may call special
meetings. In addition, it shall be the duty of the President to call a special meeting of the
Association upon the delivery of a petition signed and dated by members entitled to cast at least
25% of the Total Association Vote and describing the purpose or purposes for which it is to be
held. The notice of any special meeting shall state the date, time, and place of such meeting and
the purpose(s) thereof. No business shall be transacted at a special meeting, except those matters
that are within the purpose or purposes described in the notice. BOOK 2 2 (it 8 PAGE 67 9
2.4 Record Date. The Board of Directors shall fix in advance a record date for a
determination of members entitled to notice of and to vote at any meeting of members or any
adjounnnent thereof,. or to make a determination of members for any other purpose, such date to
BOOK 2278PAGE 680
be not more than seventy (70) days before the date on which the particular action requiring such
determination of members is to be taken.
2.5 Notice of Meetings. It shall be"the duty of the Secretary to mail or to cause to be
delivered to the Lot of each member (as shown in the records of the Association as of the record
date) a notice of each annual or special meeting of the Association stating the date, time and
place where it is to be held and if and to the extent required by the Georgia Nonprofit
Corporation Code (O.C,G.A, Section 14-3-101, et seq,) or other applicable law (the "Governin~
Law"), the purpose(s) thereof. If an Owner wishes notice to be given at an address other than the
Lot, the Owner shall designate by notice in writing to the Secretary such other address. Notices
shall be mailed or delivered not less than ten (10) days (or ifnotice is mailed by other than first-
class or registered mail, thirty (30) days) nor more than sixty (60) days before the meeting, If
any meeting of the members is adjourned to a different date, time or place, notice need not be
given of the new date, time or place, if the new date, time or place is announced at the meeting
before adjournment. If, however, a new record date is or must be fixed under the Governing
Law notice of the adjourned meeting shall be given to persons who are members of record as of
the new record date.
2.6 Waiver of Notice. Waiver of notice of a meeting of the members shall be deemed
the equivalent of proper notice. Any member may, in writing, signed by the member, waive
notice of any meeting of the members, either before or after such meeting. Attendance at a
meeting by a member, whether in person or by proxy, shall be deemed waiver by such member
of lack of notice or defective notice, unless such member specifically objects to lack of proper
notice at the time the meeting is called to order.
2.7 Adjournment of Meetings. If any meeting of the Association cannot be held because
a quorum is not present, a majority of the members who are present at such meeting, either in
person or by proxy. may adjourn the meeting to a time not less than five (5) nor more than thirty
(30) days from the time the original meeting was called. At such adjourned meeting at which a
quorum is present, any business which might have been transacted at the meeting originally
called may be transacted without further notice.
2.8 Membership List. After the record date for any meeting is established by the Board
of Directors. the Secretary shall prepare an alphabetical list of the names and addresses of all of
the members who are entitled to notice of the meeting. Br.einning at least two business days
after notice is given of the meeting for which the list was prepared, the list of members shall be
available for inspection by any member or a member's agent or attorney at the Association's
principal office or at such other reasonable place as may be specified in the notice, In addition,
the list shall be available for inspection at the meeting or any adjournment thereof.
2.9 Votin~. The voting rights of the members shall be as set forth in the Articles of
fucorporation and the Declaration, and such voting rights are specifically incorporated herein.
2.10 Proxies. At all meetings of members, each member may vote in person or by
proxy. All proxy appointment forms shall be in writing. dated, and filed with the Secretary
before the appointed time of each meeting. Every proxy shall be revocable and shall
-2-
automatically cease upon: (a) receipt of notice by the Secretary of the death or judicially declared
incompetence of a member; (b) receipt by the Secretary of written revocation signed by the
member; (c) receipt by the Secretary of a subsequent appointment form signed by the member;
(d) attendance by the member and voting in person at any meeting; or ( e) the expiration of 11
months from the date of the proxy appointment form.
2.11 Quorum. The presence, in person or by proxy, of members entitled to cast at least
25% of the votes entitled to be cast at the meeting shall constitute a quorum at all meetings of the
Association, The members present at a duly called or held meeting at which a quorum is present
may continue to do business until adjournment, notwithstanding the withdrawal of enough
members to leave less than a quorum.
2.12 Action Without A Formal Meetin!2;. Any action required or pennitted to be
approved. by the members may be approved without a meeting if one or more consents, in
writing, setting forth the action so taken, shall be signed and dated by members (including the
Declarant, if the consent of the Declarant is required) holding the voting power required to pass
such action at a meeting held on the record date for such action. The record date for such action
shall be the date that the first member signs a consent Such action shall be approved when the
Secretary receives a sufficient number of such consents dated within 70 days of the record date
for such action. Ifless than unanimous consent is obtained, the approval shall be effective ten
days after the Secretary gives written notice oftbe approval to all members who did not sign a
consent. Each signed consent shall be included in the minutes of meetings of members filed in
the permanent records of the Association.
2.13 Action By Written Ballot. Any action that may be taken at any annual, regular or
special meeting of members may be taken without a meeting if approved by written ballot as
provided herein. The Association shall deliver a written ballot to each member entitled to vote
on the matter. The written ballot shall set forth each proposed action and provide an opportunity
to vote for or against each proposed action. All solicitations for votes by written ballot shall
indicate the number of responses needed to meet the quorum requirements; state the percentage
of approvals necessary to approve each matter other than election of directors; and specify the
time by which a ballot must be received by the Association in order to be counted. A timely
written ballot received by the. Association may not be revoked. Approval by written ballot of an
action shall only be valid when the number of votes cast by ballot equals or exceeds the quorum
required to be present at a meeting held to authorize such action and the number of approvals
equals or exceeds the number of votes that would be required to approve the matter at a meeting
at which the total number of votes cast was the same as the number of votes cast by ballot. The
results of each action by written ballot shall be certified by the Secretary and shall be included in
the minutes of meetings of members filed in the permanent records of the Association.
Article 3
Board of Directors: Number. Powers. Meetings
3,1 Governimz Body~ Composition. The affairs of the Association shall be governed by
a Board of Directors. Directors shall be natural persons who are 18 years of age or older.
Except for directors appointed by the Declarant, each director must reside in the Community and
BOOK 227 GPAGE 681
-3-
.
BOOK ~2'7 8 PAGE 682
be a member or the spouse of a member; provided, however, no Person may serve on the Board
at the same time with such Person's spouse or any co-Owner or Occupant of such Person's Lot.
3.2 Directors Aooointed bv Declarant. The Declarant shall have the right to appoint or
remove any member or members of the Board of Directors or any officer or officers of the
Association until such time as the first of the following events shall occur: (a) the expiration of
ten (10) years after the date of the recording of the Declaration; (b) the date on which all of the
Lots planned by Declarant to be a part of the Community shall have been improved with a
dwelling and conveyed to an Owner for occupancy as a residence; or (c) the surrender by
Declarant in writing of the authority to appoint and remove directors and officers of the
Association. The directors appointed by the Declarant need not be Owners or residents in the
Community. The total number of Lots planned by Declarant for the Community shall initially be
the number of Lots shown on the Declarant's land use plan for the development as it may be
amended from time to time. Inclusion of property on the land use plan shall not obligate the
Declarant to subject such property to the Declaration, nor shall exclusion of property from the
initial land use plan bar Declarant from subjecting such property to the Declaration. The final
total number of Lots planned for the Community shall be the actual number of Lots shown on the
recorded subdivision plats for the Community regardless of any different number of Lots shown
from time to time on the land use plan. The Declarant shall notify the Association when the final
subdivision plat for the Community has been recorded.
3.3 Number of Directors. During the period that the Declarant has the right to appoint
and remove the officers and directors of the Association as provided above, the Board. of
Directors shall consist of from one to three members as determined by Declarant in writing from
time to time. Thereafter, the Board shall consist of three members, who shall be elected as
provided below,
3.4 Nomination of Directors. Elected directors may be nominated from the floor, if a
meeting is held for the election of directors and may also be nominated by a nominating
committee, if established by the Board. All candidates shall have a reasonable opportunity to
communicate their qualifications to the members and to solicit votes.
3.5 Election and Term of Office. After the Declaranfs right to appoint directors and
officers terminates, the Association shall call a special meeting (or take action under Section 2.12
or Section 2.13 in lieu ofa meeting) and the members shall elect three directors. The members
of the Board of Directors shall hold office for one year and shall continue in office until their
respective successors shall have been elected and take office. At annual meetings of the
membership thereafter (or pursuant to Section 2,12 or Section 2.13 in lieu of a meeting),
directors shall be elected. The three candidates receiving the most votes shall be elected,
3,.6 Removal of Directors, At any annual, regular or special meeting of the Association,
anyone or more of the members of the Board of Directors elected by the members may be
removed, with or without cause, by a majority of the Total Association Vote and a successor may
- then and there be elected to fill the vacancy thus created. The notice of the meeting shall siate
that the purpose, or one of the purposes, of the meeting is removal of a director. A director
whose removal by the members has been proposed shall be given an opportunity to be heard at
-4-
the meeting. Additionally, any director who has three consecutive unexcused absences from
Board meetings or who is delinquent in the payment of an assessment for more than 30 days may
be removed by a majority vote of the remaining directors.
3.7 V acancies. Vacancies in the Board of Directors caused by any reason, excluding the
removal of a director by vote of the Association, shall be filled by a vote of the majority of the
remaining directors, Each Person so selected shall serve the unexpired portion of the term.
3.8 Or~anization Meetings. The first meeting of a newly elected Board of Directors
shall be held within ten days after the election at such time and place as the directors may
conveniently assemble.
3.9 Ree:ular Meetings. Regular meetings of the Board of Directors may be held at such
time and place as shall be determined from time to time by the Board, provided that, after the
right of Declarant to appoint the directors terminates, at least four such meetings shall be held
during each fiscal year with at least one per quarter, Notice of the regular schedule shall
constitute sufficient notice of such meetings.
3.10 Snecial Meetings. Special meetings of the Board of Directors shall be held when
requested by the President, Vice President or by any two directors. The notice shall specify the
date, time and place of the meeting and the nature of any special business to be considered. The
notice shall be given to each director by one of the following methods: (a) by personal delivery
(including commercial delivery service) to such director's home or office; (b) written notice by
first class mail, postage prepaid; or ( c) by telephone communication (including facsimile), either
directly to the director or to the director's home or office, All such notices shall be given or sent
to the director's address or telephone number as shown on the records of the Association,
Notices sent by first class mail shall be deposited with the U.s. Postal Service at least four days
before the time set for the meeting. Notices given by personal delivery or telephone shall be
given at least two days before the day set for the meeting.
3.11 Waiver of Notice. The business transacted at any meeting of the Board of
Directors, howevercalIed and noticed or wherever held, shall be as valid as though taken at a
meeting duly held after regular call and notice, if (a) a quorum is present, and (b) either before or
after the meeting, each of the directors not present signs a written waiver of notice, a consent to
holding the meeting, or an approval of the minutes which is included in the minutes or filed with
the official records of the Association. The waiver of notice or consent need not specify the
purpose of the meeting. Notice of a meeting shall also be deemed given to any director who
attends the meeting without protesting before or at its commencement about the lack of adequate
notice.
3.12 Quorum of Board of Directors. At all meetings of the Board of Directors, a
majority of the directors shall constitute a quorum for the transaction of business, and the votes
of a majority of the directors present at a meeting at which a quorum is present shall constitute
the decision of the Board of Directors.
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3.13 Comnensation. No director shall receive any compensation from the Association
for acting as such.
3.14 Open Meetin~s. All meetings oftbe Board shall be open to all members, but
members other than directors may not participate in any discussion or deliberation unless
expressly so authorized by the Board.
3.15 Executive Session. The Board may adjourn a meeting and reconvene in executive
session to discuss and vote upon personnel matters, litigation in which the Association is or may
become involved, and orders of business of a similar nature. The nature of any and all business
to be considered in executive session shall first be armounced in open session.
3.16 Action Without A Formal Meetimz. Any action required or permitted to be taken at
a meeting of the directors may be taken without a meeting if one or more consents, in writing,
setting forth the action so taken, shall be signed by a majority of the directors and delivered to
the Association for inclusion in the minutes for filing in the corporate records.
3.17 Teleohonic Participation. One or more directors may participate in and vote during
any meeting of the Board by telephone conference call or any other means of communication by
which all directors participating may simultaneously hear each other during the meeting. Any
such meeting at which a quorum participates shall constitute a meeting oftbe Board.
3,18 Powers. The Board of Directors shall be responsible for the affairs of the
Association and shall have all of the powers and duties necessary for the administration of the
Association's affairs' and, as provided by law, may do all acts and things as are not by law, the
Declaration, Articles, or these Bylaws directed to be done and exercised by the members. In
addition to the duties imposed by these Bylaws or by any resolution of the Association that may
hereafter be adopted, the Board of Directors shall have the power to and be responsible for the
following, in way of explanation, but not limitation:
(a) preparation and adoption of an alUlUal budget in which there shall be established the
contribution of each member to the common expenses;
(b) making assessments to defray the common expenses and establishing the means and
methods of collecting such assessments;
(c) providing for the operation, care, upkeep, and maintenance of all areas which are the
maintenance responsibility of the Association;
(d) designating, hiring, and dismissing the persOIUlel necessary for the operation oftbe
Association and, where appropriate, providing for the compensation of such persOIUlel and for
the purchase of equipment, supplies, and material to be used by such personnel in the
performance of their duties;
(e) collecting the assessments, depositing the proceeds thereof in a bank depository
which it shall approve, and using the proceeds to administer the Association;
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(f) making and amending rules and regulations;
(g) opening of bank accounts on behalf of the Association and designating the
signatories required;
(h) enforcing by legal means the provisions of the Declaration, these Bylaws, and the
rules and regulations adopted by it, and bringing any proceedings which may be instituted on
behalf of or against the members concerning the Association;
(i) obtaining and carrying insurance against casualties and liabilities, as provided in the
Declaration, and paying the premium cost thereof;
(j) keepjng books with detailed accounts of the receipts and expenditures of the
Association and the actions thereof, and specifying the maintenance and repair expenses and any
other expenses incurred; and
(k) authorization of contracts on behalf of the Association,
3,19 Management Agent. The Board of Directors may employ for the Association a
professional management agent or agents at a compensation established by the Board of
Directors to perform such duties and services as the Board of Directors shall authorize. The
Declarant or an affiliate of the Declarant may be employed as managing agent or manager. The
term of any management agreement shall not exceed one year and shall be subject to termination
by either party, without cause and without penalty, upon ninety (90) days' written notice.
3.20 Borrowing. The Board of Directors shall have the power to borrow money without
the approval of the members of the Association; provided, however, except as otherwise
provided in the Declaration, the Board shall obtain membership approval in the same manner as
for special assessments, in the event that the total amount of such borrowing exceeds or would
exceed ten percent of the annual budget of the Associat~on.
3.21 Fining or Suspension Procedure. The Board shall not impose a fine (a late charge
shall not constitute a fine) unless and until the following procedure is followed:
(a) Written notice shall be delivered to the member by personal delivery at the Lot or
first-class or certified mail sent to the address of the member shown on the Association's records,
specifying:
(1) the nature of the violation, the fine or suspension to be imposed and the date,
not less than ten (10) days or, in the event of an unapproved sign, twenty-four
(24) hours, from the date of the notice, that the fine or suspension will take effect;
(2) that the violator may, within ten days from the date of the notice, request a
hearing before the Board, regarding the fine or suspension imposed;
BOOK 22'18PAGE 685
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BOOK 2 2 '7 8 PAGE 6 8 6
(3) the name, address and telephone numbers of a person to contact to request a
hearing;
(4) that any statements, evidence, and witnesses maybe produced at the hearing;
and
(5) that all rights to have the fine or suspension reconsidered are waived if a
hearing is not requested within ten days of the date of the notice.
(b) If a hearing is requested, it shall be held before the Board in executive session, and
the violator shall be given a reasonable opportunity to be heard. The minutes of the meeting
shall contain a written statement of the results of the hearing. Except for the display of
unapproved signs, the fine or suspension shall run from the date that a decision is made by the
Board at tbe conclusion of the hearing or such later date as the Board.may determine.
Article 4
Officers
4.1 Officers. The officers of the Association shall be a President, Vice President,
Secretary, and Treasurer. Any two or more offices may be held by the same Person, excepting
the offices of President and Secretary. The President and Treasurer shall be elected from among
the members of the Board of Directors,
4.2 Election. Term of Office, and Vacancies. Except during the period in which the
Declarant has the right to appoint the officers of the Association, the officers of the Association
shall be appointed annually by the Board of Directors at the first meeting of the Board of
Directors following the election of directors. A vacancy in any office arising because of death,
resignation, removal, or otherwise may be filled by the Board of Directors for the unexpired
portion of the term.
4.3 Additional Officers and Agents. The Board of Directors may appoint such other
officers, including vice presidents, assistant secretaries and assistant treasurers, and agents as it
shall deem necessary. Such officers and agents shall hold their respective offices for such terms
and shall exercise such powers and perform such duties as shall be determined from time to time
by the board of directors.
4.4 Salaries. The officers shall receive no compensation.
4.5 Removal. Except for officers appointed by the Declarant, any officer may be
removed, with or without cause, by the Board of Directors.
4,6 President. The President shall be the chief executive officer of the Association and
shall preside at all meetings of the members and directors. The immediate supervision of the
affairs of the Association shall be vested in the President. It shall be the President's duty to
attend to the business of the Association and maintain strict supervision over all of its affairs and
interests. The President shall keep the Board of Directors fully advised about the affairs and
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conditions of the Association, and shall manage and operate the business of the Association
pursuant to and in accordance with such policies as may be prescribed from time to time by the
Board of Directors.
4.7 Vice President. The Vice President(s), ifany, shall act in the President's absence or
disability and shall have all powers, duties, and responsibilities provided for the President when
so acting, and shall perform such other duties as shall from time to time be imposed upon any
Vice President by the Board or delegated to a Vice President by the President.
4.8 Secretary. The Secretary shall keep the minutes of all meetings of the members and
of the Board of Directors; notify the members and directors of meetings as provided by these
bylaws and Georgia law; have custody of the seal of the Association; affix such seal to any
instrument requiring the same; attest the signature or certify the incumbency or signature of any
officf;! of the Association; and perform such other duties as the President, or the Board of
Directors may prescribe. The Secretary shall perform the duties of the Treasurer of the
Association in the absence or disability of the Treasurer.
4.9 Treasurer. The Treasurer shall keep, or cause to be kept, the financial books and
records of the Association, and shall faithfully account for the Association's funds, financial
assets, and other assets entrusted to the Treasurer's care and custody. The Treasurer shall make
such reports as may be necessary to keep the President and the Board of Directors informed at
all times as to the financial condition of the Association, and shall perform such other duties as
the President, or the Board of Directors may prescribe. The Treasurer shall maintain the money
and other assets of the Association in the name and to the credit of the Association in such
depositories as may be designated by the Board of Directors. The Treasurer may provide for the
investment of the money and other assets of the Association consistent with the needs of the
Association to disburse such money and assets in the course of the Association's business. The
Treasurer shall perform the duties of the Secretary of the Association in the absence or disability
of the Secretary.
4.10 Resie:nation. Any officer may resign at any time by giving written notice to the
Board of Directors. Such resignation shall take effect on the date of the receipt of such notice or
at any later time specified therein, and unless otherwise specified therein, the acceptance of such
resignation shall not be necessary to make it effective.
Article 5
Committees
Advisory committees to perfonn such tasks and to serve for such periods as may be
designated by the Board or as provided in the Declaration are hereby authorized, Each
committee shall be composed and shall operate in accordance with the tenns of the Declaration
or resolution of the Board of Directors designating the committee or with rules adopted by the
Board of Directors, An advisory committee shall not be authorized to exercise any authority of
the Board under the Articles of Incorporation, the Declaration, these Bylaws or the Georgia
Nonprofit Corporation Code,
BOOK 2278PA6E 687
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Article 6
Miscellaneous
BOOK 22 if 8 PAfiE G <38
6.1 Fiscal Year. The fiscal year of the Association shall be the calendar year unless
otherwise determined by resolution of the Board,
6.2 Parliamentary Rules. Roberts Rules of Order (clllTent edition) shall govern the
conduct of all Association proceedings, when not in conflict with Georgia law, the Articles of
Incorporation, the Declaration or these Bylaws.
6.3 Conflicts. If there are conflicts or inconsistencies between the provisions of Georgia
law, the Articles of Incorporation, the Declaration and these Bylaws, the provisions of Georgia
law, the Declaration, the Articles of Incorporation and the Bylaws (in that order) shall prevail.
6.4 Amendment. These Bylaws may be amended by the Board of Directors with the
consent of the Declarant if such amendment is necessary to: (a) bring any provision hereof into
compliance with any applicable governmental statute, rule, or regulation or judicial
determination which shall be in conflict therewith; (b) enable any title insurance company to
issue title insurance coverage with respect to the Lots subject to the Declaration; (c) enable an
institutional or governmental lender or purchaser of mortgage loans, including, without
limitation, the Federal National Mortgage Association or Federal Home Loan Mortgage
Corporation, to make or purchase Mortgage loans on the Lots subject to the Declaration;
(d) enable any governmental agency or private insurance company to insure or guarantee
Mortgage loans on the Lots subject to the Declaration; or ( e) comply with the provisions of the
Georgia Property OWners Association Act, a.C.G.A. ~ 44-3-220 et seq. In addition, these
Bylaws may be amended upon the affinnative vote of at least two-thirds (2/3) of the Total
Association Vote and the consent of Declarant.
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