STATE OF GEORGIA RETURN TO:
COUNTY OF ____________________
_______________
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASEMENTS FOR SUBDIVISION
THIS DECLARATION, made on the date hereinafter set forth by
_______________________________ , (hereinafter referred to as Declarant).
W I T N E S S E T H
WHEREAS, Declarant is the owner and developer of certain real property lying and being
in Land Lot ______________________________________ , ______ District,
____ Section, __________________ County, Georgia, being known as
____________________ Subdivision, and being more
particularly described and delineated on Exhibit A attached hereto and hereby incorporated
by this reference.
WHEREAS, Declarant desires to provide for the preservation and enhancement of the
property values in _________________________ Subdivision, and for the
maintenance of property and improvements thereon, and to this end desires to subject the
property to the covenants, conditions, restrictions, easements, charges and liens hereinafter
set forth, each and all of which are for the benefit of the Property; and
WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values
in _______________________ Subdivision, to provide for an agency to which should be
delegated and assigned the powers of owning, maintaining, and administering the common
area and improvements thereon and administering and enforcing the covenants and
restrictions and collecting and disbursing the assessments and charges hereinafter created;
and
WHEREAS, Declarant will serve as the Association for the initial period of development
and then allow the Owners to cause to be incorporated under the laws of the State of
Georgia the ________________________ Association, Inc., a non-profit corporation, for
the purposes of exercising the aforesaid functions.
NOW, THEREFORE, except as specifically set forth herein, Declarant hereby declares
that all of the properties described above shall be held, sold, and conveyed subject to the
following easements, restrictions, covenants and conditions, which are for the purpose of
protecting the value and desirability of, and which shall run with, the real property and be
binding on all parties having any right, title or interest in the described properties or any
1
part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner
thereof.
ARTICLE I
DEFINITIONS
Section 1. "Architectural Control Committee" shall mean and refer to
_______________________ , or such other individuals as they may appoint, until all lots in
______________________ Subdivision have been fully developed and permanent
improvements constructed thereon and sold to permanent residents, or at such other time as
it, in its sole discretion, shall turn the same over to the Association.
Section 2. "Association" shall mean and refer to ________________________
Association, until such time as Declarant transfers the rights and obligations set forth
herein to the Owner's or to _______________________ , its successors and assigns.
Declarant shall have the right to transfer its obligations to the
________________________ , or to any unincorporated association of the Owners at such
time as the Declarant deems it desirable, in Declarant's sole discretion. In the event no
such entity exists, Declarant's obligations hereunder shall cease, provided, however,
Declarant's rights of architectural control shall survive until such time as Declarant
specifically relinquishes said rights by written instrument.
Section 3. "Board" shall mean and refer to the Board of Directors of the Association.
Section 4. "Common Area" shall mean all real and personal property now or hereafter
owned, or for which easement rights have been granted, by the Association for the
common use and enjoyment of the Owners and shall include an easement for the
maintenance of the entrance walls and signage located at the entrance to
__________________ Subdivision.
Section 5. "Common Expenses" shall mean and refer to the actual and estimated expenses
of operating the Association, including any reasonable reserve, all as may be found to be
necessary and appropriate by the Board pursuant to the Declaration and the By-laws and
Articles of Incorporation of the Association.
Section 6. "Declarant" shall mean and refer to __________________ , its successors and
assigns if such successors or assigns should acquire more than one undeveloped Lot from
the Declarant for the purpose of development and if said successors or assigns are named
as Declarant in any recorded instrument from Declarant.
Section 7. "Declaration" shall mean the covenants, conditions, restrictions and easements
and all other provisions herein set forth in this entire document, as may from time to time
be amended.
Section 8. "Lot" shall mean and refer to any plot of land shown upon any recorded
subdivision map of the Properties with the exception of the Common Area.
2
Section 9. "Owner" shall mean and refer to the record owner, whether one or more
persons, or the fee simple title to any lot which is part of the Property, but excluding those
having such interest merely as security for the performance of an obligation.
Section 10. "Person" shall mean and refer to a natural person, corporation, partnership,
association, trust or other legal entity, or any combination thereof.
Section 11. "Property" shall mean and refer to that certain real property described on
Exhibit A attached hereto and incorporated herein by reference.
Section 12. "Structure" shall mean and refer to:
(i) any thing or object the placement of which upon any Lot may affect the appearance of
such Lot, including by way of illustration and not limitation, any building or part thereof,
garage, porch, gazebo, shed, greenhouse or bathhouse, coop or cage, covered or uncovered
patio, swimming pool, tennis court, fence, curbing, paving, wall, tree, shrub, sign,
signboard, mailbox, driveway, temporary or permanent living quarters (including any
house trailer) or any other temporary or permanent improvement to such Lot;
(ii) any excavation, grading, fill ditch, diversion dam or other thing, object or device which
affects or alters the flow of any waters in any natural or artificial creek, stream, wash or
drainage channel from, upon or across any Lot; and
(iii) any change in grade at any point on a Lot for more than six (6) inches, whether or not
subsection (ii) of this Section applies to such change.
ARTICLE II
ARCHITECTURAL CONTROL COMMITTEE
Section 1. Purpose, Powers and Duties of the Architectural Control Committee
(a) The purpose of the Architectural Control Committee is to assure that the
installation, construction, or alteration of any Structure on any Lot is in accordance with
the standards determined by the Architectural Control Committee. To the extent necessary
to carry out such purpose, the Architectural Control Committee shall have all of the powers
and duties to do each and every thing necessary, suitable, convenient or proper for, or in
connection with or incidental to, the accomplishment of such purpose, including, without
being limited to, the power and duty to approve or disapprove plans and specifications for
any installation, construction or alteration of any structure on any Lot.
(b) To preserve the architectural appearance of the neighborhood, no construction or
placement of improvements of any nature whatsoever shall be commenced or maintained
by any owner, his family, tenants, visitors, guests, servants, and agents with respect to the
3
exterior of any house or with respect to installation of sidewalks, driveways, decks, patios,
swimming pools, tennis courts, greenhouses, playhouses, garages, guest or servants'
quarters, or other outbuildings, nor shall any exterior addition to or change or alteration
therein be made, unless and until the plans and specifications showing the nature, color,
type, shape, height, materials, and location of the same shall have been submitted to and
approved in writing as to the harmony of external design, location, and appearance in
relation to surrounding structures and topography by the Architectural Control Committee.
The Architectural Control Committee shall have the sole discretion to determine whether
the plans and specifications submitted for approval are acceptable and in compliance with
the total scheme of the neighborhood. If same are not approved or disapproved within
thirty (30) days from date submitted, then same shall be approved by default. The
Architectural Control Committee shall have the right to impose and collect a reasonable
fee to cover the cost of review of plans or inspections performed to insure compliance with
the Declaration.
ARTICLE III
PROPERTY RIGHTS
Section 1. Owners Easement of Enjoyment. Every owner shall have a right and easement
of enjoyment in and to the Common Area, which shall be appurtenant to and shall pass
with the title to every Lot, subject to the following provisions.
(a) The right of the Association to adopt and publish rules and regulations governing
the use of the Common Area;
(b) The right of the Association to charge reasonable admission and other fees
for the use of any recreational facility now or hereafter situated upon the Common Area.
(c) The right of the Association to suspend the voting rights and right to use of
the recreational facilities by an owner for any period during which any assessment against
his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of
its published rules and regulations.
(d) The right of the Association to dedicate or transfer all or any part of the Common
Area to any public agency, authority or utility for such purposes and subject to such
conditions as may be agreed to by the members.
(e) No such decision or transfer shall be effective unless an instrument agreeing to
such dedication of transfer signed by two-thirds (2/3) of each class of members has been
recorded.
(f) The right of the Association to borrow money for the purpose of improving the
Common Area or any portion thereof, or constructing, repairing or improving any facilities
located or to be located thereon, and, upon the assent of two-thirds of the Class A and B
members to give as security a mortgage conveying all or any portion of the Common Area.
4
(g) The assessments reserved in Article VI of this Declaration.
Section 2. Initial Common Area. The Common Area, as shown on the recorded plat of the
subdivision, to be provided by the Declarant consists of an easement for maintenance of
the entrance walls and signage, and a seven-acre nature park. Every Owner, by acceptance
of a deed to a Lot, acknowledges that Declarant has no obligation to provide any other
Common Area, and does not intend to provide swim/tennis amenities. Declarant has
provided for mandatory assessments as set forth herein to assure a method by which the
Owners can maintain the entrance area and common area and enforce this Declaration. In
the event the Owners obtain additional Common Area at some time in the future then this
Declaration has been drafted to accommodate such event.
Section 3. Delegation of Use. Any Owner may delegate, in accordance with the By-laws;
his right or use and enjoyment in and to the Common Area and the improvements thereon
to the members of his family, his tenants, or contract purchasers who reside on the
property.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner of a Lot which is subject to this Declaration shall
be a mandatory member of the Association. The foregoing and the term Owner is not
intended to include persons or entities who hold an interest merely as security for the
performance of an obligation, and further is not intended to include the builder of any
Structure on any Lot who holds title to such Lot solely for resale upon completion of the
Structure ("Builder"). Membership shall be appurtenant to and may not be separated from
ownership of any Lot which is subject to this Declaration and shall pass automatically to
an Owner's successor-in-title to the Lot.
Section 2. Voting Rights. The association shall have tow classes of voting membership:
Class A: Class A members shall be all Owners, with the exception of the Declarant, and
shall be entitled to one vote for each Lot owned. When more than one Person holds an
interest in any Lot, all such Persons shall be members. The vote for such Lot shall be
exercised as they among themselves determine, but in no event shall more than one vote be
cast with respect to any Lot.
Class B: The Class B member(s) shall be the Declarant and shall be entitled to three (3)
votes for each Lot owned. The Class B membership shall cease and be converted to Class
A membership on the happening of either of the following events:
(a) when the total votes outstanding in the Class A membership equal the total outstanding
in the Class B membership; or
5
(b) seven years from the date of this Declaration; or
(c) when in discretion, Declarant so determines.
Section 3. Notwithstanding any provision contained herein to the contrary, for so long as
Declarant retains the right and obligation of the Association, it shall not be subject to any
voting control of the Owners.
ARTICLE V
COVENANT FOR MAINTENANCE AND ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant,
for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by
acceptance of a deed therefore, whether or not it shall be expressed in such deed, is deemed
to covenant and agree to pay to the Association: (1) annual assessments, and (2) special
assessments for capital improvements, such assessments to be established and collected as
hereinafter provided. The annual and special assessments, together with interest, costs, and
reasonable attorney's fees, shall be charged on the land and shall be a continuing lien upon
the Lot against which each such assessment is made. Each such assessment, together
with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of
the person who was the Owner of such Lot at the time when assessment fell due. The
personal obligation for delinquent assessments shall not pass to his successors in title
unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be
used exclusively to promote the recreation, health, safety, and welfare of the residents in
the Properties, for the improvement and maintenance of the Common Area.
Section 3. Maximum Annual Assessment. Until January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the maximum annual assessment
shall be One Hundred Dollars ($100.00) per Lot.
(a) From and after January 1 of the year immediately following the conveyance of the
first Lot to an Owner, the maximum annual assessment may be increased each year not
more than five percent (5%) above the maximum assessment for the previous year without
a vote of the membership.
(b) From and after January 1 of the year immediately following the conveyance of the
first Lot to an Owner, the maximum annual assessment may be increased above five
percent (5%) by a vote of two-thirds (2/3) of each class of members who are voting in
person or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment at an amount not in excess
of the maximum.
6
Section 4. Special Assessments for Capital Improvements. In addition to the
annual assessments authorized above, the Association may levy, in any assessment year, a
special assessment applicable to that year only, for the purpose of defraying, in whole or in
part, the cost of any construction, reconstruction, repair or replacement of a capital
improvement upon the Common Area, including fixtures and personal property related
thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the
votes of each class of members who are voting in person or by proxy at a meeting called
for this purpose.
Section 5. Notice and Quorum for any Action Authorized Under Sections 3 and 4.
Written notice of any meeting called for the purpose of taking any action authorized under
Section 3 or 4 above shall be sent to all members not less than thirty (30) days nor more
than sixty (60) days in advance of the meeting. At the first such meeting called, the
presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of
each class of membership shall constitute a quorum. If the required quorum is not present,
another meeting may be called subject to the same notice requirement, and the required
quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the
preceding meeting. No such subsequent meeting shall be held more than sixty (60) days
following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments
must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments: Due Dates. The
annual assessments provided for herein shall commence on the date set by the Board of
Directors of the Association, as to all Lots upon which there exist occupied residences. At
the time of closing into a purchaser of a completed residence, there shall be paid the sum of
One Hundred Dollars ($100.00) as the initial assessment for the calendar year in which
said residence is purchased. This sum shall be prorated as of the date of closing over the
entire calendar year during which the closing occurs. Anything contained herein to the
contrary notwithstanding, Declarant and individuals or corporations owning lots solely for
the purpose of constructing residences thereon shall not be responsible for assessments on
Lots owned by the Declarant or such builder which do not contain occupied residences.
The due dates shall be established by the Declarant until there is no longer a Class B
member and then by the Board. The Association shall, upon demand, and for a reasonable
charge, not to exceed Ten Dollars ($10.00), furnish a certificate signed by an officer of the
Association setting forth whether the assessments on a specified Lot have been paid. A
properly executed certificate of the Association as to the status of assessments on a
specified Lot is binding upon the Association as of the date of its issuance. If the
Association fails to respond to any such request within ten (10) days after receipt of such
request, any lien then outstanding shall be deemed to have been extinguished.
Section 8. Effect of Nonpayment of Assessments: Remedies of the Association.
Any assessments not paid within thirty (30) days after the due date, shall bear interest from
the due date at the rate of eighteen percent (18%) per annum. The Association may bring
an action at law against the Owner personally obligated to pay the same, or foreclose the
7
lien against the property. No owner may waive or otherwise escape liability for the
assessments provided for herein by non-use of the Common Area, or Recreation Area, or
abandonment of his lot.
Section 9. Subordination of Lien to First Mortgages. The lien of the assessments
provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer
of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot
pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien
of such assessments as to payments which became due prior to such sale or transfer. No
sale or transfer shall relieve such Lot from liability for any assessments thereafter
becoming due or from the lien thereof.
Section 10. Exempt Property. The following property subject to this Declaration
shall be exempted from the assessments, charges and liens created herein: (a) all
properties to the extent of any easement or other interest therein dedicated and accepted by
the local public authority and devoted to public use; (b) all Common Area; and (c) all
properties exempted from taxation by state or local governments upon the terms and to the
extent of such legal exemption. Notwithstanding any provisions herein, no land or
improvements devoted to dwelling use shall be exempt from said assessments, charges or
liens except as set forth in Article V, Section 7, pertaining to the Declarant and a Builder.
ARTICLE VI
EASEMENTS
Section 1. Utility Easements. There is hereby created in favor of the Association
an easement upon, across, over, through and under all of the Common Area for ingress,
egress, installation, replacement, repair and maintenance of all utility and service lines and
systems, including but not limited to water, sewers, gas, telephones, electricity, television
cable or communication lines and systems. An easement is further granted to the
Association, its officers, agents, employees and any management company retained
by the Association, to enter in or to cross over the Common Area and the Lots, to inspect
and to perform the duties of maintenance and repair of the Common Area and the Lots, as
provided herein. Notwithstanding anything to the contrary contained in this Section, no
sewers, electrical lines, water lines or other utilities may be installed or relocated on the
Property except as initially programmed and approved by the Declarant or thereafter
approved by Declarant or the Board. Should any utility furnishing a service covered by the
general easement herein provided request a specific easement by a separate recordable
document, Declarant or the Association shall have the right to grant such easement on the
Common Area without conflicting with the terms hereof.
Section 2. Easement for Declarant. Declarant hereby reserves for itself, its
successors and assigns, the following easements and rights-of-way in, on, over, under and
through any part of the Property owned by Declarant and the Common Area for so long as
Declarant owns any Lot primarily for the purpose of sale.
8
(a) For the erection, installation, construction and maintenance of wires, lines and
conduits, and necessary to proper attachments in connection with the transmission of
electricity, gas, water, telephone, community antennae, television cables and other utilities.
(b) For the construction of improvements on the Lots;
(c) For the installation, construction and maintenance of storm-water drains, public and
private sewers, and for any other public or quasi-public utility facility;
(d) For the use of the Common Area and any sales office, model units and parking spaces
in connection with its efforts to market Lots;
(e) For the maintenance of such other facilities and equipment as in the sole discretion of
Declarant may be reasonably required, convenient or incidental to the completion,
improvement and sale of Lots.
Section 3. Easements for Association. There shall be a general right and easement
for the benefit of the Association, its directors, officers, agents and employees, including
any management company retained by the Association, to enter upon the Common Area
and the Lots to perform their respective duties.
ARTICLE VII
GENERAL COVENANTS AND RESTRICTIONS
The following covenants and restrictions shall apply to all Lots and to all Structures
erected or placed thereon:
Section 1. Residential Use. All Lots shall be restricted exclusively to single-family
residential use. No Lot or any portion thereof, shall at any time be used for any
commercial, business or professional purpose; provided, however, that nothing herein shall
be construed to prohibit or prevent Declarant or any builder of residences in Copper Ridge
Subdivision from using any Lot owned by Declarant or such builder for the purpose of
carrying on business related to the development, improvement and sale of Lots and/or
new homes in Copper Ridge Subdivision or for a purpose Declarant deems to be for the
benefit of Copper Ridge Subdivision.
Section 2. Common Area. The Common Area shall be used only by the Owners
and their agents, servants, tenants, family members, invitees and licensees for access,
ingress to and egress from their respective Lots and for such other purposes as may be
authorized by the Association.
Section 3. Nuisances.
(a) No unlawful, noxious or offensive activities shall be carried on in any Lot, or upon
9
the Common Area, nor shall anything be done therein or thereon which, in the judgment of
the Board, constitutes a nuisance, causes unreasonable noise or disturbance of others or
unreasonably interferes with other Owners' use of their Lots and/or the Common Area.
(b) No rubbish of debris of any kind shall be dumped, placed or permitted to
accumulate upon any portion of an Owner's Lot so as to render the same unsanitary,
unsightly or offensive. No nuisance shall be permitted to exist upon any portion of the
Property. Without limiting the generality of any of the foregoing, no exterior speakers,
horns, whistles, bells or other sound devices, except security devices used exclusively for
security purposes, shall be located, used or placed on the Property or any portion thereof.
Section 4. Re-subdivision of Property. No Lot may be split, divided, or subdivided
for sale, resale, gift, transfer, or otherwise, without the prior written approval of the
Architectural Control Committee of plans and specifications for such split, division or
subdivision.
Section 5. Erosion Control. No activity which may create erosion or siltation
problems shall be undertaken on any Lot without the prior written approval of the
Architectural Control Committee of plans and specifications for the prevention and control
of such erosion of siltation. The Architectural Control Committee may, as a condition of
approval of such plans and specifications, require the use of certain means of preventing
and controlling such erosion or siltation. Such means may include (by way of example and
not of limitation) physical devices for controlling the run-off and drainage of water, special
precautions in grading and otherwise changing the natural landscape and required
landscaping as provided on in Section 6.
Section 6. Landscaping. No construction or alteration of any Structure shall take
place without the prior written approval by the Architectural Control Committee of plans
and specifications for the landscaping to accompany such construction or alteration.
Section 7. Temporary Buildings. No temporary building, trailer, garage or
building under construction shall be used, temporarily or permanently, as a residence on
any Lot except as approved in accordance with plans and specifications therefore approved
by the Architectural Control Committee. No contractor or builder shall erect on any Lot
any temporary building or shed for use in connection with construction on such Lot
without the prior written consent of the Architectural Control Committee.
Section 8. Signs.
(a) No signs whatsoever (including, but not limited to commercial and similar signs)
shall, without the Architectural Control Committee's prior written approval of plans and
specifications therefore, be installed, altered or maintained on any Lot, or on any portion of
a Structure visible from the exterior thereof, except:
(i) such signs as may be required by legal proceedings;
10
(ii) a sign indicating the builder of the residence on the Lot;
(iii) not more than one "For Sale" or "For Rent" sign; provided, however, that in
no event shall any such sign be larger than four (4) square feet in area; and
(iv) directional signs for vehicular or pedestrian safety in accordance with plans and
specifications approved by the Architectural Control Committee.
(b) Following the consummation of the sale of any Lot, the "For Sale" sign and the
builders sign located thereon, if any, shall be removed immediately.
Section 9. Setbacks. In approving plans and specifications for any proposed
Structure, the Architectural Control Committee may establish setback requirements for the
location of such Structures which are more restrictive than those established by the Plat.
No Structure shall be erected or placed on any Lot unless its location is consistent with
such setbacks.
Section 10. Fences. No fence or wall of any kind shall be erected, maintained, or
altered on any Lot unless it shall be approved by the Architectural Control Committee. No
chain link fencing shall be allowed.
Section 11. Roads and Driveways. No road or driveway shall be constructed or
altered on any Lot without the prior written approval of the Architectural Control
Committee of plans and specifications for such roads and driveways. Such specifications
shall include the proposed substance to be used in constructing such roads and driveways,
which substance shall be satisfactory to the Architectural Control Committee.
During approved construction, all vehicles in any way connected with such
construction shall enter the Lot or Lots under construction only by the driveway as
approved in the plans by the Architectural Control Committee. In no event shall any
driveways other than those approved by the Architectural Control Committee be
constructed or used for temporary access to any Lot. All vehicles shall be parked at
the Lot to avoid damage to trees, paving, curbs, gutters and any other improvements on the
Lot.
Section 12. Antennae. No antenna, satellite dish or other device for the
transmission or reception of television signals, radio signals or any form of
electromagnetic wave or radiation shall be erected, used or maintained on the exterior of
any Structure. In no event shall freestanding transmission or receiving towers be
permitted.
Section 13. Clotheslines. No outside clotheslines shall be placed on any Lot.
Section 14. Recreational Vehicles, Trailers, etc. The Architectural Control
Committee, in reviewing the plans and specifications for any proposed Structure, may
require that special parking areas be made available for recreational vehicles. No trailer,
11
trailer house, boat, or recreational vehicle shall be parked on any Lot, except on such
parking areas as specified by the Architectural Control Committee pursuant to this Section
14 or within enclosures or behind screening erected in accordance with plans and
specifications submitted to and approved by the Architectural Control Committee. While
nothing contained herein shall prohibit the use of portable or temporary buildings for
trailers as field offices by contractors during actual construction, the use, appearance and
maintenance on such a building or trailer must be specifically approved by the architectural
Control Committee prior to its being moved onto the construction site.
Section 15. Recreational Equipment. No recreational and playground equipment
shall be placed or installed on any Lot which is visible from the street abutting such Lot
without the approval of the Architectural Control Committee.
Section 16. Accessory Structures. A detached accessory structure may be placed
on a Lot to be used for a playhouse, a swimming pool, tennis court, a mailbox, a dog house
or a garage; a garage may also be an attached accessory structure. Such accessory
structures shall not exceed twenty (20) feet in height and shall conform in exterior design
and quality to the dwelling on the same Lot. With the exception of a garage that is
attached to a dwelling, an accessory structure placed on a Lot shall be located only behind
the dwelling as such dwelling fronts on the street abutting such Lot. Such accessory
structures shall also be located with such side and rear setback lines as may be required
hereby or by applicable zoning law. The Architectural Control Committee shall have the
right to approve or disapprove the plans and specifications for any accessory Structure to
be erected on any Lot, and construction of any accessory structure may not be commenced
until complete final plans and specifications shall have been submitted to and approved by
the Architectural Control Committee in accordance with the provisions of these covenants.
Any accessory structure shall be constructed concurrently with or subsequent to the
construction of the dwelling on the Lot on which such accessory structure is located. In no
case shall above ground swimming pools be allowed.
Section 17. Improvement of Lots. All construction of dwellings, accessory
structures and all other improvements in Copper Ridge Subdivision shall be undertaken
and completed in accordance with the following conditions:
(a) All construction shall be carried out in compliance with the laws, code rules,
regulations and orders of all applicable governmental agencies and authorities.
(b) All foundations when exposed to street, must be either stuccoed, bricked or parged, if
able.
(c) Only one mailbox shall be located on any Lot, which mailbox will be a decorative
mailbox to be provided by the Declarant or builder of a residence on a Lot and approved
by the Architectural Control Committee.
(d) No lumber, bricks, stones, cinder blocks, scaffolding, mechanical devices, or any other
materials or devices used for building purposes shall be stored on any Lot except for
12
purposes of construction of a dwelling or accessory structure on such Lot, nor shall any
such building materials or devices be stored on any Lot for longer than the length of time
reasonably necessary for the construction in which such materials or devices are to be
used. The Architectural Control Committee shall be the determinant of the length of time
reasonably necessary for construction.
(e) No exposed above-ground tanks for the storage of fuel or water or any other substance
shall be located on any Lot other than apparatus relating to solar energy, the location and
design of which must first be approved by the Architectural Control Committee.
(f) Adequate off-street parking shall be provided for each Lot.
(g) Containers for garbage and other refuse shall be underground or in screened sanitary
enclosures; no incinerators for garbage, trash, or other refuse shall be used.
(h) All garages must have doors, and each garage door must be coordinated in design and
color with the dwelling to which it is appurtenant.
(i) No window air conditioning unit may be located in any part of any dwelling or
accessory structure and all exterior compressor units shall be ground mounted and screened
by fencing or planting of a density and height to hide the unit effectively, which fencing or
planting shall first be approved by the Architectural Control Committee.
(j) Any screened porch which is a part of any dwelling or accessory structure must have
a dark color screen, and no bright color silver finish screens may be used.
(k) No plumbing vent or heating vent shall be placed on the front side of any roof or any
dwelling or accessory structure, and any such vent shall be painted black or the same color
as the roof on which it is placed.
(l) Any construction on a Lot shall be at the risk of the Owner of such Lot, and the
Owner of such Lot shall be responsible for any damage to any curbing or street resulting
from construction on such Lot; repairs of such damage must be made within thirty (30)
days after completion of such construction.
(m) The enclosed, heated living area (exclusive of garages, carports, porches, terraces,
bulk-storage and basement) of all dwellings shall contain not less than seventeen hundred
(1,700) square feet.
Section 18. Animals. No animals, including birds, insects and reptiles, may be
kept on any Lot unless kept thereon solely as household pets and not for commercial
purposes. No animal shall be allowed to become a nuisance. No structure for the care,
housing or confinement of any animal shall be constructed, placed or altered on any Lot
unless plans and specifications for said Structure have first been approved by the
Architectural Control Committee.
13
Section 19. Water Supply. No individual water supply system shall be permitted
on any Lot without the prior written approval of the Architectural Control Committee. If
such approval is given, such system must be located, constructed and equipped in
accordance with the requirements, standards and recommendations of federal, state and
local public health authorities, and all necessary approvals of such system as installed shall
be obtained from such authorities at the sole cost and expense of the Owner of the
Lot to be served by such system.
Section 20. Trees and Shrubs. No trees measuring 18 inches or more in diameter
at a point2 feet above ground level, no flowering trees or shrubs, nor any evergreens on
any Lot may be removed without the prior approval of the Architectural Control
Committee unless located within 10 feet of the approved site for a dwelling or within the
right-of-way of driveways or walkways. Excepted herefrom shall be damaged or dead
trees and trees which must be removed due to an emergency.
ARTICLE VIII
GENERAL PROVISIONS
Section 1. Enforcement.
(a) The Association, or any Owner shall have the right to enforce, by a proceeding at law
or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or
hereafter imposed by the provisions of this Declaration. Failure by the Association or by
any Owner to enforce any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter.
(b) The Architectural Control Committee shall have the right of abatement in all cases
where an Owner of a Lot shall fail to take reasonable steps to remedy a violation or breach
of any restriction contained in this Declaration within twenty (20) days after the mailing of
written notice of such violation or breach. The right of abatement means the right of the
Architectural Control Committee, through its agents and employees, to enter at all
reasonable times upon any Lot or Structure as to which a violation or breach exists, and to
take such action or actions specified in the notice to the Owner to abate, extinguish,
remove or repair such violation or breach, all without being deemed to have committed a
trespass or wrongful act by reason of such entry and such actions.
Section 2. Severability. If any provision of the Declaration, or any paragraph,
subparagraph, article, section, sentence, clause, phrase, word or the application thereof in
any circumstance, is held invalid, the validity of the remainder of this Declaration and the
application of any such provision, paragraph, subparagraph, article, section, sentence,
clause, phrase or word in any other circumstances shall not be affected thereby and the
remainder of this Declaration shall be construed as if such invalid part was never included
therein.
14
Section 3. Headings. The headings of articles and sections in this Declaration are
for convenience of reference only and shall not in any way limit or define the content or
substance of such articles and sections.
Section 4. Duration. The covenants and restrictions of this Declaration shall run
with and bind the land for a period of twenty (20) years from the date this Declaration is
recorded, at the end of which period such covenants and restrictions shall be automatically
extended for successive periods of ten (10) years.
Section 5. Rights and Obligations. Each grantee of the Declarant and Owners, by
acceptance of a deed of conveyance, accepts the same subject to all restrictions, conditions,
covenants, reservations, liens and charges, and the jurisdiction, rights and powers created
or reserved by this Declaration. All rights, benefits, privileges of every character hereby
imposed shall be deemed and taken to be covenants running with the Land and shall bind
any person having at any time any interest or estate in the Property or any portion thereof,
and shall inure to the benefit of such grantee in like manner as though the provisions of this
Declaration were recited and stipulated at length in each and every deed of conveyance or
contract for conveyance.
Section 6. Annexation. For so long as Declarant is a Class B member, additional
real property may be annexed to the Property by the Declarant without the consent of the
Class A members. Such annexation shall be accomplished by filing in the Office of the
Clerk of the Superior Court of __________________ County an approved subdivision plat
describing the real property to be annexed to the Property and by including on such
subdivision plat a statement that expressly sets forth the Declarants intention to make such
annexed real property subject to the provisions of the Declaration; or by filing an
Amendment to the
Declaration which has been consented to by the owners of the real property to be annexed.
At the expiration of Declarant's Class B membership, additional residential property and
Common Area may be annexed to the Properties with the consent of two-thirds (2/3) of the
Class A members.
Section 7. Amendment. This Declaration may be amended at any time and from
time to time by Declarant and a vote of two-thirds (2/3) of the Lot Owners other than
Declarant. This Declaration may be amended unilaterally by Declarant if:
(a) 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) 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) Such amendment is required to obtain the approval of this Declaration by an
institutional lender, such as a bank, savings and loan association or life insurance company,
or by a governmental lender or purchaser of mortgage loans, such as the Federal National
15
Mortgage Association or 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) Such amendment is necessary to enable any governmental agency, such as the
Veterans Administration, or reputable private insurance company to insure mortgage loans
on the Lots subject to this Declaration. Such amendment would not include the right to re-
plat Lots or the Common Area unless limited to changes specifically required by a
reviewing agency to meet its requirements. Further, this Declaration may be amended at
any time and from time to time by an agreement signed by at least seventy-five (75%)
percent of the Owners of Lots; provided, however, such amendment by the Owners shall
not be effective unless also signed by Declarant, if Declarant is the owner of any real
property then subject to this Declaration. No amendment to the provisions of this
Declaration shall alter, modify, change or rescind any right, title, interest or privilege
herein granted or accorded to the holder of any mortgage encumbering any Lot or the
Common Area affected thereby unless such holder shall consent in writing thereto. Any
such amendment shall not become effective until the instrument evidencing such change
has been filed of record. Every purchaser or grantee of any interest in any real property
made subject to this Declaration, by acceptance of a deed or other conveyance therefore,
thereby agrees that this Declaration may be amended as provided in this Section.
ARTICLE IX
The following provisions are for the benefit of holders of first mortgages on
Residences in the Development. The provisions of this Article apply to both the
Declaration and to the By-Laws, notwithstanding any other provisions contained therein.
Section 1. Notice of Action. An institutional holder, insurer or guarantor of a first
mortgage, who provides written request to the Association (such request to state the name
and address of such holder, insurer, guarantor and the Residence 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
Development or which affects any Residence 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
Residence subject to the mortgage of such 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 an Owner of a Residence of any
obligation under the Declaration or By-Laws of the Association which is not cured within
sixty (60) days:
(c) Any lapse, cancellation, or material modification or any insurance policy maintained
by the Association;
16
(d) Any proposed action which would require the consent of a specified percentage of
eligible mortgages.
Section 2. Special FHLMC Provision. So long as required by the Federal Home
Loan Mortgage Corporation, the following provisions apply in addition to an not in lieu of
the foregoing. Unless at least two-thirds (2/3) of the first mortgages or a least two-thirds
(2/3) of the Association consent the Association shall not;
(a) By act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer
the Common Property which the Association owns, directly or indirectly (the granting of
easements for public utilities or other similar purposes consistent with the intended use of
the Common Property shall not be deemed a transfer within the meaning of this
subsection);
(b) Change the method of determining the obligations, assessments, dues, or other
charges which may be levied against an Owner of a Residence;
(c) By act or omission change, waive, or abandon any scheme of regulations or
enforcement thereof pertaining to the architectural design or the exterior appearance and
maintenance of Residences and of the Common Property (the issuance and amendment of
architectural standards, procedures, rules and regulations, or use restrictions shall not
constitute a change, waiver or abandonment within the meaning of this provision;
(d) Fail to maintain insurance, as required by this Declaration; or
(e) Use hazard insurance proceeds for any Common Property losses for other than
repair, replacement, or reconstruction of such property;
First mortgages may, jointly or singly, pay taxes or other charges which are in
default and which may or have become a charge against the Common Property and may
pay overdue premiums on casualty insurance coverage upon the lapse of an Association
policy, and first mortgages making such payments shall be entitled to immediate
reimbursement for the Association.
Section 3. No Priority. No provision of this Declaration or the By-Laws gives or
shall be construed as giving any Owner or other party priority over any rights of the first
mortgagee of any Residence in the cases of distribution to such owner of insurance
proceeds or condemnation awards for losses to or a taking of the Common Property.
Section 4. Notice to Association. Upon request, each Owner shall be obligated to
furnish to the Association the name and address of the holder of any mortgage
encumbering such Owner's Residence.
Section 5. Amendment by Board. Should the Veterans Administration, the Federal
National Mortgage Association, or the Federal Home Loan Mortgage Corporation
17
subsequently delete any of their respective requirements which necessitate the provisions
of this Article or make any such requirements less stringent, the Board, without approval
of the Owners, may use an amendment to this Article to be recorded to reflect such change.
Section 6. Veterans Administration Approval. As long as the Developer has an
option unilaterally to subject property to this Declaration as provided in Article VIII, the
following actions shall require the prior approval of the Veterans Administration so long as
the Veterans Administration is guaranteeing any mortgage in the Community: annexation
of additional property to the Community, except for annexation by Declarant in accordance
with Article VIII, pursuant to a plan of annexation previously approved by the Veterans
Administration; dedication of Common Property to any public entity; and material
amendment to the Declaration, By-Laws or Articles of Incorporation.
Section 7. Applicability of Article IX. Nothing contained in this Article shall be
construed to reduce the percentage vote that must otherwise be obtained under the
Declaration, By-Laws or Georgia Law for any of the acts set out in this Article.
Section 8. Failure of Mortgagee to Respond. Any mortgagee who receives a
written request from the Board to respond to or consent to any action shall be deemed to
have approved such action if the Association does not receive a written response from the
Mortgagee within thirty (30) days of the date of the Association's request.
IN WITNESS WHEREOF the undersigned, being the Declarant herein, has
hereunto set its hand and seal this day of , 20 .
Printed Name Date Signature Date
Printed Name Date Signature Date
(Seal)
My Commission Expires:
18
