STATE OF GEORGIA
COUNTY OF
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASEMENTS FOR SUBDIVISION
THIS DECLARATION , made this day of 20 , by
hereinafter referred to as "Developer").
W I T N E S S E T H
WHEREAS , Developer is the owner of the subdivision known as
, and being a subdivision of all those certain.
lots, tracts or parcels of land situated, lying and being in Land Lot of the
District, Section, County,
Georgia, and being more fully delineated by a plat prepared by
Registered Land Surveyor No. , dated
,20 and recorded in Plat Book , Page , Records of
County, Georgia; and
WHEREAS , Developer desires to provide for the preservation and enhancement of the
property values in Subdivision, and or 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 , Developer has deemed it desirable, for the efficient preservation of the
values in Subdivision, to create 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 , Developer will cause to be incorporated under the laws of the State of
Georgia , a non profit corporation, for the purpose of exercising the aforesaid
functions.
NOW, THEREFORE , Developer declares that the real property described above is and
shall be held, transferred, sold, mortgaged, conveyed, leased, occupied and used subject to
the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth.
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ARTICLE I
DEFINITIONS
Section 1. “Additional Property” means the additional property more particularly
described on Exhibit "A" which may be added to the Property and made subject to this
Declaration pursuant to Article IX hereof.
Section 2. "Architectural Control Committee" shall mean and refer to Developer, or
such other entity or individual as Developer may appoint, until all Lots in Subdivision
have been sully developed and permanent improvements constructed thereon and sold to
permanent residents. At such time as all Lots are fully developed and permanent
improvements constructed thereon and sold to permanent residents, the then current
Developer shall relinquish its right to appoint the Architectural Control Committee and
said Committee shall be appointed by the Board.
Section 3. "Association" shall mean and refer to , its
successors and assigns.
Section 4. "Board" shall mean and refer to the Board of Directors of the Association. For
so long as Developer is a Class B member, Developer shall have the right to appoint the
members of the Board.
Section 5. "Common Area" shall mean all real and personal property now or hereafter
owned by the Association for the common use and enjoyment of the owners.
Section 6. "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 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. "Developer" shall mean and refer to
, a Georgia limited liability company, or any
successor in title or any successor in interest to , to all or
any portion of the Property then subject to this Declaration, provided the rights of
Developer are conveyed by Developer to such successor in title.
Section 9. "Lot" shall mean and refer to residential lots, as well as any future lots subject
to the within covenants, conditions, restrictions and easements by the Developer in
Subdivision or any expansion thereof by Developer.
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Section 10. "Owner" shall mean and refer to the record owner, whether one or more
persons, of 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 11. "Person" shall mean and refer to a natural person, corporation, partnership,
association, trust or other legal entity, or any combination thereof.
Section 12. "Property" shall mean and refer to that certain real property described on the
plat hereinabove referenced.
Section 13. "Structure" shall mean and refer to:
(a) 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;
(b) any excavation, grading, fill ditch, diversion dam or other thing, object or device which
affects or alters the natural flow of surface waters from, upon or across any Lot, or 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
(c) any change in grade at any point on a Lot of more than six (6) inches, whether or not
subsection (b) of this Section 13 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
exterior of any house or with respect to any other portion of any lot or other parcel of land,
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including without limitation, the construction or 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.
ARTICLE III
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 is not intended to include
persons or entities who hold an interest merely as security for the performance of an
obligation. 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 two classes of voting membership:
Class A: Every person who is an owner, with the exception of the Developer, shall be
a Class A member and shall be entitled to one vote for each Lot owned. When more than
one Person is a Class A member by virtue of an ownership interest in the same Lot, 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. In the event of disagreement
among such persons and in an attempt by two or more of them to cast the vote of such Lot,
such persons shall not be recognized and the vote of such Lot shall not be counted. The
membership of Class A members shall automatically terminate upon the member's sale of
his Lot. However, no termination of Class A membership shall affect such member's
obligation to pay assessments, as hereinafter provided for, due and payable for any period
prior to the date of such termination, and there will be no refund for assessments paid for
periods falling after the date of such termination.
Class B: The Developer shall be the sole Class B member. Class B membership shall
be a full voting membership, and during its existence the Class B member shall be entitled
to vote on all matters and in all events. The Class B member shall be entitled to three (3)
votes for each Lot owned by it. The Class B membership shall cease and shall be converted
to Class A membership at such time as the first of the following events occurs:
(a) the termination of seven (7) years from the date of recording of this Declaration; or
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(b) the date as of which three fourths (3/4) of the Lots which may be developed on the
Property shall have been conveyed, by the Developer to any individual Owner or Owners
for residential occupancy; or
(c) the surrender by the Developer of the authority to appoint and remove members
of the Board of the Association by an express amendment to this Declaration executed and
recorded by the Developer; provided, however, that so long as any mortgagee of Developer
holds a security interest in any portion of the Property as security for a development loan
to Developer, the Class B member membership shall not terminate without the prior
written consent of such mortgagee. If at the time of termination of the Class B membership
Developer still owns any Lots, then as to each Lot owned by Developer, Developer shall
be deemed to be a Class A member.
ARTICLE IV
PROPERTY RIGRTS
Section 1. Member's Easement of Enjoyment . Subject to the provisions herein, every
member of the Association shall have a right and easement of use and enjoyment in and to
the Common Area [including, without limitation, the right of pedestrian (but not vehicular)
access, ingress and egress to and from his Lot over those portions of the Common Area
from time to time designated for such purposes], which right and easement shall be
appurtenant to and shall pass with the title to every Lot, subject to the following:
(a) the right of the Association to charge a reasonable admission and other fees for the use
of any recreational facility which may in the future be situated upon the Common Area.
(b) the right of the Association to suspend the voting rights and right to use of the Common
Area by an Owner or his designee for any period during which any assessment against his
Lot remains unpaid, and for a period of not to exceed sixty (60) days for any infraction of
its published rules and regulations.
(c) 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 members
and the Class B member, if any, to give as security a mortgage conveying all or any
portion of the Common area.
(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. No such dedication or transfer shall be effective
unless an instrument signed by two - thirds (2 /3) of each class of members, agreeing to such
dedication or transfer, has been recorded.
(e) the easements reserved in Article VII of this Declaration.
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Section 2. 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, guests and invitees, subject to such regulations
and fees as may be established from time to time by the Association.
Section 3. No Partition. There shall be no judicial partition of the Property or any part
thereof, nor shall any Person acquiring any interest in the Property or any part thereof seek
any such judicial partition unless the Property has been removed from the provisions of
this Declaration.
ARTICLE V
COVENANT FOR MAINTENANCE AND
CAPITAL IMPROVENENT ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner
of a Lot, by acceptance of a deed therefore, whether or not it shall be so 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 thereon and costs of collection thereof, as hereinafter provided, including
reasonable attorney's fees, shall be a charge and a continuing lien upon the Lot against
which each such assessment is made. Each such assessment, together with interest thereon
and costs of collection thereof, including 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 for promoting the health, safety, pleasure and welfare of the Owners of
the Lots and the costs and expenses incident to the operation of the Association, including
without limitation the maintenance and repair of the Common Area and improvements
thereon, the maintenance of services furnished by the Association, the purchase of
insurance by the Association, the repair and replacement of improvements on the Common
Area, payment of all taxes, insurance premiums and all costs and expenses incidental to the
operation and administration of the Association, and establishment and maintenance of a
reasonable reserve fund or funds.
Section 3. Maximum Annual Assessment and Initiation Fee. Until January 1 of the year
immediately following the conveyance of the first Lot to an owner, the maximum annual
assessment shall be three hundred dollars ($300.00) per Lot. Additionally, each Owner
shall pay a one time initiation fee of one hundred dollars ($100.00) upon the closing of a
Lot or upon the subsequent closing of a Lot from a previous Owner.
(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
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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.
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 duly 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 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 and initiation fee provided for herein shall commence as to each Lot on the
date that such Lot is conveyed to an Owner. Assessments shall be prorated at closing for
the remaining portion of the fiscal year of the Association. Anything contained herein to
the contrary notwithstanding, Developer, on behalf of itself and its successors and assigns,
covenants and agrees to pay the annual assessment for each Lot owned by Developer
which contains an occupied residence; provided, however, Developer and any builder
building a residence on a Lot solely for resale shall not be responsible for assessments or
initiation fees on Lots not containing an occupied residence. The due dates shall be
established by the Developer 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
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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. All such requests shall be sent to the
Association in the same manner as provided for notices in Section 6 hereof.
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Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any
assessments or initiation fees which are not paid when due shall be delinquent. If the
assessment or fee is not paid within thirty (30) days after the due date, the assessment and
fee shall bear interest from the date of delinquency at the rate of six percent (6%) per
annum. In such case, the Association may accelerate, at its option, the entire unpaid
balance of the assessment and may bring an action at law against the Owner personally
obligated to pay the same, or foreclose the lien against such Owner's Lot, and interest,
costs and reasonable attorney's fees of any such action shall be added to the amount of
such assessment and fee. Each such Owner, by his acceptance of a deed to a Lot,
hereby expressly vests in the Association, or its agents, the right and power to bring
all actions against such owner personally for the collection of such charges as a debt and to
enforce the aforesaid lien by all methods available for the enforcement of liens against real
property. The lien provided for in this Section shall be in favor of the Association and shall
be for the benefit of all other Owners. The Association, acting on behalf of the Owners,
shall have the power to purchase any lot at any sale and convey the same for the purpose of
protecting its lien. No owner may waive or otherwise escape liability for the assessments
or fees provided for herein by non - use of the Common Area, abandonment of his Lot or by
renunciation of membership in the Association. An Owner may give to the
Association, nevertheless, subject to acceptance thereof by the Association, a deed in lieu
of action on lien.
Section 9. Subordination of Lien to First Mortgages. The lien of the assessments or tees
provided for herein shall be subordinate to the lien of any first mortgage, first purchase
money security deed or security deed representing a first lien on said property. Sale of
transfer of any Lot shall not affect the assessment or fee lien. However, the sale or transfer
of any Lot pursuant to foreclosure or any proceeding in lieu thereof shall extinguish the
lien of such assessments and fees 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 Developer and builders.
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Section 11. Effect of Delinquency on Class A Members. Notwithstanding all of the
foregoing rights of the Association, the Association shall have the further right to prohibit
a delinquent Class A member, such delinquency being as herein defined, from using in any
manner the Common Area.
Section 12. Budget Deficits During Developer Control. For so long as the Developer has
the authority to appoint the officers and directors of the Association, Developer may (but
shall not be required to):
(a) advance funds to the Association sufficient to satisfy the deficit, if any, between the
actual operating expenses of the Association and the sum of the annual, special and
specific assessment collected by the Association in any fiscal year. Such advances shall,
upon request of Developer, be evidenced by promissory notes from the Association in
favor of the Developer. The failure of Developer to obtain a promissory note shall not
invalidate the debt; or
(b) cause the Association to borrow such amount, or a general borrowing from a third party
at the then prevailing rates for such a loan in the local area of the Community. Developer,
in its sole discretion, may guarantee repayment of such loan, if required by the lending
institution, but no Mortgage secured by the Common Property or any of the improvements
maintained by the Association shall be given in connection with such loan; or
(c) Acquire property for, or provide services to, the Association or the Common Property.
Developer shall designate the value of the property or the services provided and such
amounts, at the request of the Developer, be evidenced by a promissory note. Failure to
obtain a promissory note shall not invalidate the obligation referred to in this Section.
ARTICLE VI
MAINTENANCE
Section 1. Association's Responsibility. Except as otherwise provided for herein, the
Association shall maintain and keep in good repair all portions of the Common Area. The
Association's responsibility with respect to the Common Area shall be deemed to include
the maintenance, repair and replacement of (i) all roads, driveways, walks, parking areas, if
any, and buildings and other improvements, if any, situated within the Common Area, (ii)
such utility lines, pipes, plumbing, wires, conduits and systems which are a part of the
Common Area, and (iii) all lawns, trees, shrubs, hedges, grass and other landscaping
situated within or upon the Common Area.
ARTICLE VII
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,
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egress, installa tion, 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 Developer or thereafter
approved by Developer 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, Developer 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 Developer. Developer 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 Developer and the Common Area for so long as Developer
owns any Lot primarily for the purpose of sale:
(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
Developer 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, it's 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 VIII
GENERAL COVENANTS AND RESTRICTIONS
The following covenants and restrictions shall apply to all Lots and to all Structures
erected or placed thereon:
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Section 1. Residential Use. All Lots shall be restricted exclusively to single - family
residential use; provided, however, that nothing herein shall be construed to prohibit or
prevent Developer or any builder of residences in McEver Park Subdivision from using
any Lot owned by Developer or such builder for the purpose of carrying on business
related to the development, improvement and sale of Lots and/or new homes in McEver
Park Subdivision. Further, nothing herein shall prevent reasonable use of a portion of a
single family residence as a home office as long as no customers or employees enter or
leave the Lot and as long there is no exterior evidence of said home office.
Section 2. Common Area. The Common Area shall be used by the owners and their
agents, servants, tenants, family members, invitees and licensees for such other purposes as
may be authorized by the Association.
Section 3. Debris and Lot Condition. No rubbish or 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. All Lots shall be maintained in a neat attractive condition, with all
grass being regularly mowed and weeds removed.
Section 4. Erosion Control. No activity which may create erosion or siltation problems
shall be undertaken on any Lot except for the initial construction of residences and
development of the Property.
Section 5. Signs.
(a) No signs whatsoever shall 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;
(ii) not more than one "For Sale" or "For Rent" sign, provided, however, that in no
event shall any such sign be larger than six (6) square feet in area; and
(iii) directional signs for vehicular or pedestrian safety;
(iv) entry signs used to identify subdivision, marketing signs used to advertise
subdivision by Developer and in conjunction therewith brochure holders.
(b) Following the consummation of the sale of any Lot, the sign located thereon shall
be removed immediately.
Section 6. Fences. No chain link or cyclone fences may be placed on the property. No
fences shall be erected further forward toward the street on which a residence fronts than
the rear - most portion of said residence. All fences must be approved by the Architectural
Control Committee as set forth in Article II herein.
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Section 7. Recreational Vehicles, Trailers, etc. No inoperative vehicle shall be parked
on any Lot for any period of time in excess of fourteen (14) days. No owners or occupants
of any lot or parcel of land shall repair or restore any vehicle of any kind upon any lot or
upon any parcel of land, except for emergency repairs, and then only to the extent
necessary to enable the movement thereon to a proper repair facility.
Section 8. 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
prior written approval of the Architectural Control Committee.
Section 9. Accessory Structures. A detached accessory structure may be placed on a Lot
to be used for a playhouse, a swimming pool, tennis court, a tool shed, 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. However, there shall be no lighting for tennis courts or any other
outside lighting except as may be approved by the Architectural Control Committee. Any
such accessory structure must be approved, in advance, in writing by the Architectural
Control Committee.
Section 10. Improvement of Lots. All construction of dwellings, accessory structures and
all other improvements in McEver Park 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) Concrete block or cinder block shall not be used as a building material for the exposed
exterior surface of any dwelling or accessory structure constructed or placed on any Lot.
(c) only one mailbox shall be located on any Lot, which mailbox shall be as approved by
the Architectural Control Committee. The Architectural Control Committee shall select
one design for the mailboxes in the subdivision such that each mailbox for each Lot shall
be the same.
(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
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.
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(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) All garages must have doors, and each garage door must be coordinated in design and
color with the dwelling to which it is appurtenant.
(h) 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.
(i) No television antenna, radio receiver, satellite dish or other similar device shall be
attached to or installed on any portion of the Property, unless said antenna, radio receiver,
satellite dish or other device is one meter or less in diameter, nor shall radio or television
signals, nor any other form of electromagnetic radiation, be permitted to originate from any
Lot which may unreasonably interfere with the reception of television or radio signals
within the subdivision; provided, however, that the Association shall not be prohibited
from installing equipment necessary for master antenna, security, cable television, mobile
radio or other' similar systems within the subdivision, and should cable television services
be unavailable and adequate television reception not be otherwise available, then an Owner
may make written application to the Architectural Control Committee for permission to
install a television antenna. The location of the placement of a satellite dish that is one
meter or less in diameter shall be subject to the approval in writing of the Architectural
Control Committee except that said committee must allow a placement at a location on an
Owner's Lot where reception can reasonably be obtained.
(j) The enclosed, heated living area (exclusive of garages, carports, porches, terraces,
bulk - storage and basement) of all. dwellings shall contain not less than eleven hundred
(1100) square feet.
Section 11. 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.
Section 12. Accessory Structures Installed by Developer. Entry signs, fences, walls and
landscaping installed by Developer on the Property shall be and are hereby dedicated to the
use and benefit of all owners, and shall not be removed or altered without a two - third (2 /3)
vote of the Association Class A members.
Section 13. Miscellaneous Fixtures. To provide a neat, attractive and harmonious
appearance throughout the neighborhood, no awnings, shades or window boxes shall be
attached to, or hung or used on the exterior of, any window or door of any house; and no
railings, fences, walls, antennae or satellite dishes shall be installed or constructed upon
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any lot or parcel of land without the prior written consent of the Architectural Control
Committee. Further, no foil or other reflective material shall be used on any windows or
sunscreens, blinds, shades or for any other purpose, nor shall any window mounted
heating, air - conditioning or fan units be permitted. Outside clotheslines or other outside
facilities for drying or airing clothes are specifically prohibited and shall not be erected,
placed or maintained upon any lot or parcel of land, nor shall any clothing, rugs or other
items be hung on any railing, fence, hedge or wall.
ARTICLE IX
ANNEXATION
Section 1. Submission of Additional Property . Developer shall have the option and right
from time to time, without the necessity of consent by the Association, the Board or the
owners, but subject to Section 2 of this Article, to submit all or portions of the Additional
Property to this Declaration and thereby to cause the Additional Property, or such portions
thereof, to become part of the Property. This option may be exercised by the Developer in
accordance with the conditions and limitations set out in Section 2 of this Article, which
are the only conditions and limitations on such right.
Section 2. Conditions of Annexation. Any Annexation as permitted by Section 1 of this
Article shall be in accordance with the following terms and conditions:
(a) The option to submit portions of the Annexation Property may be exercised at any
time and from time to time until seven (7) years from the date this Declaration is recorded;
provided, however, that the Owners of Lots to which two - thirds of the Class A votes in the
Association appertain, exclusive of any vote or votes appurtenant to Lots then owned by
Developer, may consent to the Extension of such option by vote taken not more than one
(1) year prior to the date upon which such option will expire.
(b) The legal description of the Additional Property is set forth in Exhibit "A". Portions
of the Additional Property may be added at different times, and there are no limitations
fixing the boundaries of those portions or regulating the order in which any such portions
may become part of the Property.
(c) All Lots created on portions of the Additional Property which are added to the
Property will be restricted exclusively to residential use, in accordance with Article VIII of
this Declaration.
(d) The option reserved by Section 1 of this Article may be exercised by the Developer
alone (without the consent of the Association or any owner) by the execution by the
Developer of an amendment to this Declaration which shall be filed for record in the office
of the Clerk of the Superior Court of __________________ County, Georgia, together with
a plat of that portion of the Additional Property which is to become part of the Property by
reason of such amendment. Such plat shall indicate the boundaries of that portion of the
Additional Property which is to become part of the Property, the boundaries of all Lots to
be located therein, and an identifying number for each such Lot - Any such amendment
shall expressly submit that portion of the Additional Property which is to become part of
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the Property from time to time, and upon the exercise, if any, of such option, the provisions
of this Declaration shall be understood and construed as embracing all of the Property,
including the initial phase and such portions of the Additional Property as have become
part of the Property by annexation in this manner.
(e) In addition to the procedure outlined in sub paragraph (d) above, the option reserved
by Section 1 of this Article may be exercised with respect to any portions of the Additional
Property, notwithstanding that such Additional Property may be owned by persons,
including any individual, individuals, corporations, partnerships or any other type of entity,
other than Developer. Developer shall exercise this option by an amendment to this
Declaration which shall be filed for record in the office of the Clerk of the Superior Court
of __________________ County, Georgia, together with a plat of that portion of the
Additional Property which is to become part of the Property by reason of such amendment.
Such plat shall indicate the boundaries of that portion of the Additional Property which is
to become part of the Property, the boundaries of all Lots to be located thereon, and an
identifying number for each such Lot. Any such amendment shall contain a statement
consenting to the annexation of any such Additional Property, together with a reference to
a Declaration, (citing the specific Deed Book and Page in which such Declaration is
recorded) executed by the owner or owners thereof submitting such Additional Property to
this Declaration. Upon the exercise of the foregoing procedure, the provisions of this
Declaration shall be understood and construed as embracing all of the Property, including
the initial phase and such portions of the Additional Property as have become part of the
Property by annexation in this manner.
(f) From and after the date of annexation of any portion of the Additional Property,
each Lot so added to the Property and the owners thereof,shall have the same vote, shall
share the same obligations and responsibilities, and shall have the same rights and
privileges accorded every other Lot previously comprising part of the Property.Upon
annexation of each portion of the Property, as herein provided, the Association shall be
deemed to have assumed, automatically, and without the necessity of consent by the
Association, the Board or any individual Owners, the covenants to maintain the Common
Property and the other obligations imposed by this Declaration, as amended from time to
time, with respect to that portion of this Additional Property which is then the subject of
annexation.
(g) It is understood that if the Development is approved for funding of individual Lot
loans by the Federal Housing Administration and/or the Veterans Administration, any
variance from the plan of Annexation initially approved by them may jeopardize future
funding unless such variance is approved prior to implementation.
(h) Each Owner, by acceptance of a deed to a Lot in the Property, and the Association,
shall be deemed to have approved annexation in the manner provided in this Article IX.
ARTICLE X
GENERAL PROVISIONS
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Section 1. Enforcement.
(a) The Association, the Architectural Control Committee, the Developer or any
Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions,
conditions, covenants, reservations, easements, liens and charges nor 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.
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 each, unless at least two - thirds (2/3) of the Owners at
the time of the expiration of the initial period, or of any extension period, shall sign an
instrument in which said covenants and restrictions are modified in whole or in part, which
instrument is filed of record in the appropriate county.
Section 5. Rights and Obligations. Each grantee of the Developer and Owners, by the
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
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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. Notices. Notices provided for in this Declaration shall be in writing and shall be
addressed to any Owner at his Lot or at such other address as hereinafter provided. Notices
to the Association or Board shall be in writing and shall be addressed to the - President of
the Association at his/her address which presently is:
or at such different address or addresses as reflect their proper address. Any Owner may
designate a different address for notices to him by giving written notice to the Association.
Notices addressed as above shall be deemed delivered upon mailing by United States
registered or certified mail or when delivered in person.
Section 7. Annexation. Additional residential property and Common Area may be
annexed to the Property subject to this Declaration with the consent of two - thirds (2/3) of
each class of members.
Section 8. Amendment. This Declaration may be amended unilaterally at any time and
from time to time by Developer:
(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 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
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) if such. amendment is necessary to enable any governmental agency, such as the
Veterans Administration, the Federal Housing Administration or a reputable private
insurance company to insure mortgage loans on the Lots subject to this Declaration.
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
Developer, if Developer 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
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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.
(e) Developer does hereby reserve the right, in its sole discretion, to expand this
declaration to include other real property by Developer's submission of such real property
to the rights, privileges and obligations contained herein. Such submission shall be
evidenced by an amendment filed to this Declaration setting forth the real property to
which this Declaration shall apply. Upon which submission, said real property shall be
subject to and governed by this Declaration as if included herein ab initio.
(f) Notwithstanding the foregoing, or any other provision of this Declaration, for so long as
there is a Class B member, the following matters shall require the approval of the Federal
Housing Administration or the Veterans Administration:
Annexation of additional properties, dedication of Common Area, and amendment of this
Declaration.
________________________________
(signature of grantor)
________________________________
(date)
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IN WITNESS WHEREOF, this instrument has been duly executed and sealed by Grantor
the day and year first above written.
Signed, sealed and delivered in the presence of
Witness
Notary Public
My Commission Expires:
(AFFIX SEAL and STAMP)
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