Arlington Pointe

APHOA Convenants

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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
ARLINGTON POINTE

STATE OF GEORGIA
COUNTY OF COBB
THIS DECLARATION is made on the date hereinafter set forth by Letchworth Homes Inc. (hereinafter referred to as "Declarant"), Letch Properties, Inc. and Camden Crest Properties, Inc.
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property lying and being in Land Lots 178 and 179 of the 20th District, 2nd Section, Cobb County, Georgia, being Lots 1, 2, 3, 7, 8, 12, 13, 14 and 15, Arlington Pointe Subdivision as per plat recorded in Plat Book 219, Page 64, Cobb County, Georgia Records (herein the "Subdivision Plat") and made a part of this Declaration (the "Property"); and
WHEREAS, Letch Properties, Inc. is the owner of certain real property lying and being in Land Lot 179 of the 20th District, 2nd Section, Cobb County, Georgia, being Lots 4, 6, 9,10 and 11, Arlington Pointe Subdivision, together with the Lot delineated as "Detention Pond.," as per said Subdivision Plat, and made a part of this Declaration (the "Property"); and

WHEREAS, Camden Crest Properties, Inc. is the owner of certain real property lying and being in Land Lot 179 of the 20th District, 2nd Section, Cobb County, Georgia, being Lot 5, Arlington Pointe Subdivision, as per said Subdivision Plat, and made a part of this Declaration (the "Property); an
WHEREAS, the Declarant intends to develop on land, including the real property described above, a single-family residential development to be known as Arlington Pointe (hereinafter sometimes referred to as the "Development"); and
WHEREAS, Declarant has caused (or will cause) the Association (as hereinafter defined) to be formed as a non-profit civic organization to perform certain functions for the common good and general welfare of the Owners (as hereinafter defined); and
NOW, THEREFORE, the Declarant, Letch Properties, Inc. and Camden Crest Properties, Inc. hereby declare that all of the property described as Arlington Pointe as shown on the Subdivision Plat shall be held, sold and conveyed subject to this Declaration of Covenants, Conditions and Restrictions, which is for the purpose of enhancing and protecting the desirability and attractiveness of, and which shall run with, the real properly, and be binding on all parties having any right, title or interest in the described property or any part thereof, and which shall be governed by the Georgia Property Owners' Association act, O.C.G.A. §44-3-220 et. seq., and shall, subject to all limitations herein provided, inure to the benefit of each Owner, his heirs, grantees, distributees, successors and assigns and to the benefit of the Association.
ARTICLE I. DEFINITIONS
The following words, when used in this Declaration of Covenants, Conditions and Restrictions, shall have the following meanings:
1.01 Association. "Association" means Arlington Pointe Homeowners Association, Inc., a non-profit corporation organized under the Georgia Nonprofit Corporation Code, and its successors and assigns.
1.02 Board. "Board" means the Board of Directors of the Association. The Board of Directors is the collective group of the elected Officers.
1 .03 Builder. "Builder" means any person, firm, corporation, partnership or other entity
which has purchased a Lot from Declarant for the purposes of erecting a structure thereon and not
residing therein. This would not include a future Homeowner.
1.04 By-Laws. "By-Laws" means the document that contains the rules and regulations the Association agrees to abide by and enforce. The initial By- Laws are represented by this Declaration of Covenants, Conditions and Restrictions. An additional By-Law document may be drafted by the Officers of the Association.
1.05 Common Property. "Common Property" means all real property (together with any and all improvements now or hereafter located thereon), as described in Article II, herein.
1.06 Declarant. "Declarant" means Letchworth Homes Inc. and its successors and assigns, including, but not limited to, any person, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof, which acquires all or substantially all of the Development then owned by Declarant (or subsequent successors in interest), together with its rights hereunder, by conveyance or assignment from Declarant, or judicial or non-judicial foreclosure, for the purpose of
1.07 Lot. "Lot" means any numbered parcel of land shown upon the Subdivision Plat, or as similarly shown on supplemental revisions thereto which are filed with the Clerk of Superior Court of Cobb County in the real estate records.
1.08. Member. "Member" means any member of the Association.
1.09 Officer. " Officer" means the person elected to the position of President, Treasurer, or Secretary. These positions can only be held by an Owner. An Owner can hold more than one position, if election so provides.
1.10 Owner. " Owner" means the record owner (including Declarant) whether one or more persons or entities, of a fee simple title to any Lot, provided, however, if title has been transferred and is being held merely as security for repayment of a loan, the person or entity who would own the Lot in fee simple if such loan were paid in full, shall be considered the Owner.
1.11 Property. "Property" means that certain real property shown on the Subdivision Plat.
1.12 Restrictions. "Restrictions" means all covenants, restrictions, easements, charges, liens, zoning restrictions and conditions and other obligations created or imposed by this Declaration.
1.13 Structure. "Structure" means:
(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, shed, greenhouse or bathhouse, coop or cage, covered or uncovered patio, swimming pool, fence, curbing, paving wall, tree, shrub, sign, signboard, temporary or permanent living quarters (including any house trailer) or any other temporary or permanent improvement to such Lot; or
(b) Any excavation, grading, fill ditch, diversion dam or other thing 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.
ARTICLE II. COMMON PROPERTY
2.01 Common Property.
(a) The “Common Property” shall consist of the "Sign Easement" on Lot 15, as depicted on the Subdivision Plate, and a Planting/Landscape easement presently located in the north-east portion of Lot 1.
(b) The Association is responsible for maintaining the Common Property.
2.02 Rights of the Association. With regard to the Common Property, the Association acting through the Board shall have the right to:
(a) Promulgate rules and regulations relating to the operation and maintenance of the Common Property;
(b) Grant easements or rights of way over Common Property to any municipality or other governmental body, agency or authority, to any quasi-public agency or to any utility company or cable television system;
(c) Borrow money for the purpose of carrying out the activities of the Association, including the maintenance and repair of Common Property; and
(d) Dedicate or transfer all or any part of the Common Property or interests therein to any municipality or other governmental body, agency or authority for such purposes and subject to such provisions and conditions as may be agreed upon by the Association and such grantee, including a provision that such property or interest shall cease to be subject to this declaration or all or any part of the Restrictions while held by any such municipality or other governmental body, agency or authority.
ARTICLE III. HOMEOWNERS' ASSOCIATION
3.01 Purposes, Powers and Duties of the Association. The Association shall be formed as a non-profit civic organization for the sole purpose of performing certain functions for the common good and general welfare of the residents of the Development. The Association shall have no power or duty to do or perform any act or thing other than those acts and things which will promote in some way the common good and general welfare of the residents of the Development. To the extent necessary to carry out such purpose, the Association: (a) shall have all of the powers of a corporation organized under the Georgia Nonprofit Corporation Code; and (b) shall have the power and duty to exercise all of the rights, powers and privileges and to perform all of the duties and obligations of the
directors.
3.02 Membership in the Association. Each Owner shall automatically be a Member of the Association, and such membership shall terminate only as provided in this declaration of Covenants Conditions and restrictions.
3.03 Voting Rights. Subject to the following provisions of this Section 3.03, the Association shall have one class of voting membership - Class A. Every Owner 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 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 Member's sale of his Lot, however, no termination of Class A membership shall affect such Members'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.
3.04 Board of Directors and Officers.
_________(a) Board. A Board of Directors shall manage the affairs of the Association. Except to the extent otherwise expressly required or authorized by the Georgia Nonprofit Corporation Code, this Declaration, the Association's By-Laws, or the Association's Articles of Incorporation, the powers inherent in or expressly granted to the Association may be exercised by the Board, acting through the Officers of the Association, without any further consent or action on the part of the Members.
(b) Officers. Officer positions shall consist of President, Treasurer, and Secretary.
(c) Casting of Votes. The votes of the Members shall be cast under such rules and procedures as may be prescribed in this Declaration or in the By-Laws of the Association, as amended from time to time, or by law.
3.05 Suspension of Membership. The Board may suspend the voting rights of any Member and the right of enjoyment of the Common Property of any person who:
(a) Shall be subject to the Right of Abatement, as defined in Section 8.02 by reason
within thirty (30) days after having received notice of the same pursuant to the provisions ol Section 5.11 or 8.02 hereof;
(b) Shall be delinquent in the payment of any assessment levied by the Association pursuant to the provisions of Article IV hereof;
(c) Shall be in violation of the rules and/or regulations of the Association relating the use, operation, and/or maintenance of Common Property;
(d) Any suspension shall be for the balance of the period in which said Member remains in violation, breach or default, as aforesaid, except that in the case of a violation described in subsection (c) of this Section 3.05, the suspension may be for a period to exceed 60 days after the cure or termination of such violation. No such suspension shall prevent an Owner's ingress to or egress from his Lot.
3.06 Voting Procedures. The procedures for the election of Officers of the Association and the resolution of such other issues as may be brought before the membership of the Association shall be governed by this Declaration, the Georgia Nonprofit Corporation Code, the Articles of Incorporation of the Association, and the By-Laws of the Association, as each shall from time to time be in force and effect.
3.07 Initial Officers. The initial Officer positions (President, Treasurer, and Secretary) shall be held by the Declarant. The initial Officer positions shall serve until 100% of the Lots have been purchased by Owners residing thereon or such earlier date as is determined by the Declarant. The initial treasurer shall deposit all prorated HOA dues collected at each Lot purchased by the Owner residing thereon (excluding Declarant). An Owner not residing thereon (e.g., Builder) shall contribute toward Association maintenance expenses as incurred based on number of Lots owned.
3.08 Initial Association Meeting. Upon the final expiration of all rights of Declarant to appoint and replace Officers of the Association, a special meeting of the Association shall be called. At such special meeting, the Owners (excluding Declarant) shall elect new Officers, which shall undertake the responsibilities of the Board. The Association may exercise any other right or privilege given to it expressly by this Declaration or By-Law and any other right or privilege reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.
3.09 Distribution of Assets Upon Dissolution. In the event of the dissolution of the Association, the assets thereof shall be distributed to one or more public bodies, corporate or political, or conveyed to one or more non-profit organizations having purposes similar to those of the Association.
ARTICLE IV. ASSESSMENTS AND MAINTENANCE CHARGES
4.01 Covenant for Assessments and Creation of Liens and Personal Obligations. Each Owner, except Declarant, jointly and severally, for himself, his heirs, distributees, legal representatives, successors and assigns, by acceptance of a deed for a Lot, whether or not the covenants and restrictions contained herein shall be expressed in any such deed, hereby covenants and agrees as follows:
(a) To pay to the Association the annual assessments which may or shall be levied by the Association pursuant to this Declaration against all Lots owned by him;
(b) To pay to the Association any special assessments for capital improvements and other charges which may or shall be levied by the Association pursuant to this Declaration against all Lots owned by him;
(c) That there is hereby created a continuing charge and lien upon all Lots owned by him against which all such assessments are made to secure payment of such assessments and any interest thereon as provided in Section 4.07 hereof and costs of collection, including reasonable attorney's fees;
(d) That such continuing charge and lien on such Lots binds such Lots in the hands of the then Owner, and the Owner's heirs, devisees, legal representatives, successors and assigns. Such charge and lien is superior to any and all charges, liens or encumbrances which may hereafter in any manner arise or be imposed upon such Lots whether arising from mortgage, deed to secure debt, or other instrument, except: (i) such liens for taxes or other public charges as are by applicable laws made superior, and (ii) all deeds to secure debt given to secure a loan the process of which are used: (1) to purchase a Lot or Lots (together with any and all Structures which may from time to time be placed or located thereon) and (2) to finance the construction, repair or alteration of Structures;
(e) That no sale or transfer at foreclosure or in lieu of foreclosure shall relieve an Lot or Lots from liability for any assessment thereafter assessed; and
(f) That all annual and special assessments (together with interest thereon as provided
in Section 4.07 of this Declaration and costs of collection including reasonable attorney's
____fees levied against any Lot or Lots owned by him during the period that he is an Owner shall
Section 4.0 l(c) of this Declaration) a personal obligation which will survive an sale or transfer of the Lot owned by him; provided, however, that such personal obligation for delinquent assessment shall not pass to an Owner's successor in title unless expressly assumed by such successor.
4.02 Purpose of Assessment. The assessments levied by the Association shall be used exclusively for the purpose of providing for the common good and general welfare of the residents of the Development, including, but not limited to, and in addition to other purposes set forth in this Declaration, security, maintenance and improvements of Common property, enforcement of the Restrictions contained in this Declaration, the payment of operating costs and expenses of the Association, and the payment of all principal and interest when due on all debts owed by the Association.
4.03 Accumulation of Funds Permitted. The Association shall not be obligated to spend in any calendar year all the sums collected in such year by way of annual assessments or otherwise, and may carry forward, as surplus, any balances remaining; nor shall the Association be obligated to apply such surplus to the reduction of the amount of the Annual Assessments in any succeeding year, but may carry forward from year to year such surplus as the Board may deem to be desirable for the greater financial security of the Association and the effectuation of its purposes.
4.04 Annual Assessment or Maintenance Charge.
(a) Subject to the terms of this Article, each Lot in the Development is hereby subjected to an annual maintenance charge for the purpose of creating a fund to be known as the "Maintenance Fund" which maintenance charge and assessment will be paid by the Owner or Owners of each Lot within the Property (and any area annexed under the jurisdiction of the Association) in advance in annual installments.
(b) The annual maintenance charge and assessment will commence as to each Lot upon the conveyance of the Lot by Declarant or Builder to an Owner who has purchased the Lot from Declarant or Builder for the purpose of living in a dwelling thereon, pro-rated from the date of such conveyance until the end of the calendar year in which such conveyance occurs.
(c) The Declarant is authorized, although not required, to advance funds to the Association necessary to further the purposes of the Association, and in the event such funds are advanced, the repayment of same shall be secured by a lien upon the property of the Association.
(d) The initial annual maintenance charge and assessment shall be set at Two Hundred Dollars ($200.00) per year per Lot.
(e) From year to year thereafter, the annual maintenance charge and assessment shall be in such amount as the needs of the Association may require, in the judgment of the Board. Whether such assessment shall be payable quarterly or annually, and the due dates thereof, will be determined by the Board of Directors.
(f) The Association shall use the proceeds of said Maintenance Fund in providing for normal, recurring maintenance charges for the Common Property, including maintenance, repair and upkeep of monument signage, for the use and benefit of all residents of said Property. Such uses and benefits to be provided by said association may include, by way of clarification, and not limitation, any and all of the following: normal and recurring maintenance of the Common Property (including, but not limited to, mowing, edging, watering, clipping, pine strawing, sweeping, pruning, raking and otherwise caring for existing landscaping and maintaining and repairing Common Property) and the acquisition and installation of capital improvements to such Common Property, provided that the Association shall have no obligation (except as expressly provided hereinafter) to make capital improvements to the Common Property; payment of all legal and other expenses incurred in connection with the enforcement of all recorded covenant restrictions and conditions affecting the Property to which the maintenance fund applies; payment of all reasonable and necessary expenses in connection with the collection and administration of the maintenance charge and assessment; employment of security guards or watchmen, if determined necessary caring for vacant Lots; maintaining insurance on Common Area improvements, and doing any other thing or things necessary or desirable in the opinion of the Board or membership of the Association to keep the Property neat and in good order, or which is considered of general benefit to the Owners or occupants of the Property, it being understood that the judgment of Directors of the Association in the expenditure of said funds and the determination of which constitutes normal recurring maintenance shall be final and conclusive so long as such judgment is exercised in good faith.
(g) The Association may, in addition, establish and maintain an adequate Reserve Fund for the periodic maintenance, repair, and replacement of improvements to the Common Property. The fund may be established and maintained out of regular annual assessments.
4.05 Special Assessments for Working Capital Fund, Nonrecurring Maintenance, and Capital Improvements. Special assessments may be levied by the Association for working capital, nonrecurring maintenance, and capital improvements. In addition, to the annual assessment authorized by this Article IV, 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 nonrecurring maintenance or the acquisition, construction, reconstruction, repair or replacement of capital improvement upon any Common Property, including fixtures and personal property related thereto, provided that any such assessment shall have been approved by a majority vote of the Directors of the Association who are present in person or by proxy at a meeting duly called for such purpose.
4.06 [This section intentionally left blank]
4.07 Effect of Nonpayment of Assessment. Any Assessment which is not paid by the Due Date shall bear interest from the Due Date at the rate of eighteen percent (18%) per annum or at such rate as the Board may from time to time establish, provided, however, that in no event shall the Board have the power to establish a rate of interest in violation of the laws of the state of Georgia. In the event of default in the payment of any one or more installments of an Assessment, the Board may declare any remaining balance of the Assessment at once due and payable. In the event that an Owner shall fail to pay fully any portion of any Assessment on or before the date on which payment is due, such unpaid portion (including an remaining balance declared immediately due and payable in accordance with the preceding sentence), together with interest and costs of collection, including reasonable attorney's fees, shall be a binding personal obligation of such Owner, as well as a lien on such Owner's Lot enforceable in accordance with the provision of this Declaration.
4.08 Receipt of Payment. Upon written demand by an Owner, the Association shall, within a reasonable period of time, issue and furnish to such Owner a written receipt stating that all assessments (including penalties, interest and costs, if any) have been paid, with respect to any Lot owned by said Owner as of the date of such receipt, or that all assessments, interest and costs have not been paid setting the amount then due and payable. Any such receipt, when duly and correctly issued as herein provided shall be conclusive and binding with regard to any matter therein stated as between the Association and an bona fide Owner of, or lender on, the Lot in question.
ARTICLE V. ARCHITECTURAL CONTROL
5.01 Architectural Control Committee: Creation and Composition. An Architectural Control Committee (the "ACC") shall be established consisting of the Board of Directors, or such persons appointed by them for that purpose, however, so long as the Declarant, or any builder who has purchased a Lot from Declarant for the purpose of constructing a dwelling thereon owns at least one Lot on the Property (or on the Additional Property if at any time submitted to these Restrictions by annexation) being held primarily for sale to an Owner for residential occupancy, the ACC shall be comprised solely by Declarant, which shall have the power to exercise all powers herein given to the ACC. Declarant's power to maintain control of the ACC may be surrendered prior to that time recorded by Declarant.
5.02 Purpose, Powers and Duties of the ACC. The purpose of the ACC is to review and approve any proposed installation, construction or alteration of any Structure on any Lot. All plans shall be submitted to the ACC for approval: (i) as to whether the proposed installation, construction or alteration is in conformity and harmony of external design and general equality with the existing standards and character of the neighborhood and with the standards and character of the Development; and (ii) as to the location of Structures with respect to topography, finished ground elevation and surrounding Structures. To the extent necessary to carry out such purpose, the ACC shall have all of the powers and duties to do each and everything 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 an structure on any Lot.
5.03 Officers, Subcommittees and Compensation. The members of the ACC shall appoint a Chairman from among their number and may appoint from among their number such other officers and subcommittees of members of the ACC as they shall from time to time determine necessary.
5.04 Operations of the ACC. Operations of the ACC shall consist of the following:
(a) Meetings. The ACC shall hold meetings as requested by Association Member(s) or ACC Member(s). Regular and special meetings of the ACC shall be held at such time and at such place as the ACC shall specify. Notice of each regular or special meeting of the ACC shall be mailed to each member of the ACC thereof at his residence or at his usual place of business at least three (3) days before the day the meeting is to be held. Notice of regular and special meetings need not specify the exact purpose or purposes for which the meeting is called. Notice of a meeting need not be given to any member of the ACC who signs a waiver of notice either before or after the meeting. Attendance of a member of the ACC at a meeting shall constitute a waiver of notice of such meeting and shall constitute a waiver of any and all objections to the place of the meeting, the time of the meeting, or the manner in which it has been called or convened, except when the member states, at the beginning of the meeting, any such objection or objections to the transaction of business. At each meeting of the ACC, the presence of fifty percent (50%) of the ACC members shall constitute a quorum for the transaction of business. Except as otherwise provided herein, the act of a majority of the members of the ACC present at any regular or special meeting thereof at which a quorum is present shall constitute the act of the ACC. In the absence of a quorum, any member of the ACC present at the time and place of the meeting may adjourn the meeting from time to time until a quorum shall be present. At any adjourned meeting at which a quorum is present, any business may be transacted which might have been transacted at the meeting originally called. The ACC shall maintain both a record of votes and minutes for each of its meetings. The ACC shall make such records and minutes available at reasonable place and times for inspection by members of the Association and by the Secretary. Any action required to be taken at a meeting of the ACC, or any action which may be taken at a meeting of the ACC, may be taken without a meeting if written consent, setting forth the action so taken shall be signed by all the members of the ACC and be filed within the minutes of the proceedings of the AC. Such consent shall have the same force and effect as a unanimous vote, and may be stated as such in a document filed by the ACC.
(b) Activities.
(i) The ACC may, but is not obligated to, adopt and promulgate Design Standards described in Section 5.05.
(ii) Any two (2) or more members of the ACC may be authorized by the ACC to exercise the full authority of the ACC with respect to the adoption or promulgation of Design Standards. The unanimous action of the two (2) or more member with respect to the matters specified shall be final and binding upon the ACC and upon any applicant for the approval, permit or authorization, subject, however, to review and modification by the ACC on its own motion or appeal by the application to the ACC as provided in this paragraph (ii). Written notice of the decision of such two (2) or more members shall, within five (5) working days thereof, be given to any applicant for an approval, permit or authorization. The applicant may, within ten (10) days after receipt of notice of any decision, which he deems to be satisfactory, file a written request to have the matter in question reviewed by the ACC. Upon the filing of such request, the matter with respect to which such request was filed shall be submitted to, and reviewed promptly by, the ACC, but no event later than thirty (30) days after the filing of such request. The decision of a majority of the members of the ACC with respect to such matter shall be final and binding.
5.05 Design Standards.
(a) The ACC may from time to time adopt, promulgate, amend, revoke and enforce guidelines (the "Design Standards") for the purposes of:
(i) governing the form and content of plans and specifications to be submitted
(ii) governing the procedure for such submission of plans specifications;
(iii) establishing guidelines with respect to the approval and disapproval of design features, architectural styles, exterior colors and materials, details of construction, location and size of structures and all other matters that require approval by the ACC pursuant to this Declaration; and
(iv) assuring the conformity and harmony of external design and general quality of the Development.
(b) The ACC shall make a published copy of its current Design Standards readily available to Members and prospective Members of the Association and to all applicants seeking the ACC's approval.
5.06 Submission of Plans and Specifications. No Structure shall be commenced, erected over, onto or permitted to remain on any Lot, nor shall any existing Structure upon any Lot be altered in any way which materially changes the exterior appearance of the Structure or Lot, unless plans and specifications therefore shall have been submitted to and approved in writing by the ACC. Such plans and specifications shall be in such form and shall contain such information as may be reasonably required by the ACC, including where applicable, and without being limited to:
(a) A site plan showing the location of all proposed and existing Structures on the Lot, including building setbacks, open space, driveways, walkways and parking spaces, including the number thereof and all siltation and erosion control measures;
(b) A foundation plan;
(c) A floor plan;
(d) The exterior elevations of all proposed Structures and alterations to existing Structures, as such Structures shall appear after all back-filling and landscaping are completed;
(e) Specifications of materials, color scheme, lighting schematic, other details affecting the exterior appearance of all proposed Structures, and alterations to existing Structures; and
5.07 Approval of Plans and Specifications. Upon approval by the ACC of any plans and specifications submitted pursuant to this Declaration, a copy of such plans and specifications, as approved, shall be deposited for permanent record with the ACC and copy of such plans and specifications bearing such approval in writing, shall be returned to the applicant submitting the same. Approval for use in connection -with any Lot or Structure of any plans and specifications shall not be deemed a waiver of the ACC's right, in its discretion, to disapprove similar plans and specifications or any of the features or elements included therein if such plans, specifications, features or elements are subsequently submitted for use in connection -with any other Lot or Structure. Approval of any such plans and specifications relating to any Lot or Structure, however, shall be final as to that Lot or Structure and such approval may not be revoked or rescinded thereafter, provided that there has been adherence to, and compliance with, such plans and specifications, as approved, and any conditions attached to any such approval.
5.08 Disapproval of Plans and Specifications. The ACC shall have the right to disapprove any plans and specifications submitted pursuant to this Declaration for any of the following reasons:
(a) The failure to include information in such plans and specifications as may have been reasonably requested;
(b) The failure of such plans or specifications to comply with this Declaration or any Design Standards adopted by the ACC;
(c) Any other matter which, in the judgment of the ACC, would be likely to cause the proposed installation, construction or alteration of a Structure: (i) to fail to be in conformity and harmony of external design and general quality with the existing standards and character of the neighborhood and with the standards and character of the Development; or (ii) as to locations to be incompatible with topography, finished ground elevation and surrounding structures. In any case in which the ACC shall disapprove any plans and specifications submitted hereunder or shall approve the same only as modified or upon specified conditions, such disapproval or qualified approval shall be accompanied by a statement of the grounds upon which such action was based. In any such case, the ACC shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable proposal may be prepared and submitted for approval.
5.09 Obligation to Act. The ACC shall take action on any plans and specifications submitted as herein provided within fifteen (15) days after receipt thereof. Approval by the ACC, if granted, together with any conditions imposed by the ACC shall be placed in writing on the plans

fifteen (15) days of receipt of plans and specifications submitted for approval, the Member snoui notify the Association's President in writing via certified mail. If the ACC fails to take action within fifteen (15) days of the dated written notification, the plans and specifications submitted for approval shall be deemed approved.
5.10 Inspection Rights. Any employee or agent of the Association or the ACC may, after reasonable notice, at any reasonable time or times enter upon any Lot and Structure thereon for the purpose of ascertaining whether the installation, construction, alteration or maintenance of any Structure or the use of any Lot or Structure is in compliance with the provisions of this Declaration; and neither the Association, nor the ACC, nor any such agent shall be deemed to have committed a trespass or other wrongful act solely by reason of such entry or inspection, provided such inspection is carried out in accordance with the terms of this Section.
5.11 Violations. If any Structure shall be erected, placed, maintained or altered upon any Lot, otherwise than in accordance with the plans and specifications approved by the ACC pursuant to the provisions of this Article, such erection, placement, maintenance, or alteration shall be deemed to have been undertaken in violation of this Article and without the approval required herein. If in the opinion of the ACC such violation shall have occurred, the ACC shall notify the Association. If the Board shall agree with the determination of the ACC with respect to the violation, then the Board shall provide written notice to the Owner by certified mail, setting forth in reasonable detail the nature of the violation and the specific action or actions required to remedy the violation. If the Owner shall not have taken reasonable steps toward the required remedial action within thirty (30) days after the mailing of the aforesaid notice of violation, then the Association shall have the Right of Abatement as provided in Section 8.02 hereof.
5.12 Certification of Compliance.
(a) Upon completion of the installation, construction or alteration of any Structure in
accordance with plans and specifications approved by the ACC, the ACC shall, upon written request of the Owner thereof or upon the ACC's own initiative, issue a Certificate of Compliance, identifying such Structure and Lot upon which such Structure is placed, and stating that the plans and specifications have been approved and that such Structure complies with such plans and specifications. A copy of said Certificate shall be filed for permanent record with the plans and specifications on file with the ACC.
(b) Any Certificate of Compliance issued in accordance with the provisions of this Section shall be prima facie evidence of the facts herein stated; and as to any purchaser or encumbrance in good faith and for value, or as to any title insurer, such certificate shall be
Article, provided, however, that the Certificate shall in no way to construed to certify the acceptability, sufficiency of approval by the ACC of the actual construction of Structures or of the workmanship, or to represent or warranty to any one the quality, function or operation of the Structures or of any construction, workmanship, engineering, materials, equipment, or compliance with any applicable building codes.
The issuance of the Certificate shall in no way be construed to certify to any party that the Structures have been built in accordance with any applicable-rule or regulation other than those of the ACC (e.g., applicable County building codes).
5.13 Nondiscrimination by ACC. The ACC shall not discriminate against any applicant requesting its approval of plans and specifications because of such applicant's race, color, sex, religion, age or national origin. Further, the ACC in the exercise of its powers granted pursuant to the Declaration, shall not take an action the intent or effect of which is to discriminate against persons of a particular race, color, sex, religion, age or national origin.
5.14 No Liability for Defects. The Declarant, the Association, the Board of Directors, Officers of the Association, or the ACC shall not be liable for any defects in any plans and specifications which it approves.
5.15 No Obligation to Establish ACC. Notwithstanding any provision of this Article V to the contrary, the Declarant shall have no obligation to establish the ACC; provided, however, that the ACC may be established by the Board of Directors in accordance with the provisions hereof.
ARTICLE VI. GENERAL COVENANTS AND RESTRICTIONS
6.01 Application. The covenants and restrictions contained in this Article VI shall pertain and apply to all Lots and to all Structures erected or placed thereon.
6.02 Restriction of Use. Lots may be used for single-family residences only and for no other purpose provided that Declarant or Builder may operate a Sales Office and/or Model Home on a Lot or Lots designated by Declarant.
6.03 Resubdivision of Property. No Lot may be split, divided or subdivided for sale, resale, gift, transfer, or otherwise, without the prior written approval of the Board of plans and specifications for such split, division or subdivision.
6.04 Erosion Control. No activity which may create erosion or siltation problems shall be
Department, copied to the ACC. Guidelines for the prevention and control of erosion and siltation are published in "The Manual for Sediment and Erosion Control in Georgia."
6.05 Structures. No construction or alteration of any Structure shall take place without the prior written approval of the ACC of plans and specifications with respect to the construction or alteration and any landscaping to accompany such construction or alteration. Guidelines for the landscaping to accompany the construction or alteration of any Structure may be included in any Design Standards adopted by the ACC.
6.06 Trees. No living tree having a diameter of six (6) inches or more (measured from a point two feet (2') above ground level) shall be removed from any Lot unless such removal is in conformity with approved landscaping plans and specifications submitted pursuant to the provision of Section 5.06 hereof. Additional guidelines in relation to the preservation of tress and other natural resources and wildlife upon the Property may be included in any Design Standards adopted by the ACC.
6.07 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 temporary sleeping or living quarters required or desirable for security purpose in accordance with plans and specifications therefore approved by the ACC.
6.08 Signs. No signs whatsoever (including but not limited to commercial and similar signs) shall, without the ACC'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:
(a) Such signs as may be required by legal proceedings;
(b) Not more than one "For Sale" or "For Rent" sign, such sign having a maximum face area of four square feet; provided, however, that if, at the time of any desired use of such sign, the Association is making "For Sale"or "For Rent" signs available for the use of Owners, the signs made available by the Association must be used;
(c) Builder marketing signs for the initial sale of homes built, for homes under construction and for homes to be built; and
(d) Directional signs for vehicular or pedestrian safety in accordance with plans and specifications approved by the ACC.
6.09 Setbacks.
(a) Each dwelling, which is erected on a Lot, shall be situated on such Lot in accordance with the building and setback line shown on the Subdivision Plat, and in no event shall any dwelling be erected upon any Lot in a manner which violates such building and setback lines.
(b) In approving plans and specifications for any proposed Structure, the ACC may establish additional and/or different setback requirements for the location of such Structure. Guidelines for setbacks may be included in any Design Standards adopted by the ACC. No Structure shall be erected or placed on any Lot unless its location is consistent with such setbacks.
6.10 Fences. No fence or wall of any kind shall be erected, maintained, or altered on any Lot without the prior written approval of the ACC of plans and specifications for such fence or wall. Guidelines relating to the design, location and uses of fences and walls may be included in any Design Standards adopted by the ACC. Fence shall be constructed with "good side" facing any street views or other Member(s) of the Association.
611 Roads and Driveways. No road or driveway shall be constructed or altered on any Lot without the prior written approval of the ACC of plans and specifications for such roads and driveways. Guidelines relating to the design and location of roads and driveways may be included in any Design Standards adopted by the ACC.
6.12 Antennae'. Satellite Dishes. No exterior television or radio antennae of any sort, including, without limitation, any satellite dish or similar device, except satellite dishes smaller than thirty (30) inches in diameter, shall be placed, allowed or maintained upon any portion of a Structure or Lot without prior written approval by the ACC. No antennae shall be installed or used for the purpose of transmitting electronic signals. Satellite dishes smaller than thirty (30) inches in diameter may not be mounted in the front yard and may only be mounted on the front of the house, if location is approved by the ACC.
6.13 Clothesline, Garbage Cans, etc. No clotheslines shall be permitted. All equipment, garbage cans and woodpiles shall be kept in the garage or screened by adequate planting or approved fencing so as to conceal them from view by neighboring Lots and streets.
6.14 Maintenance. Each Owner shall keep and maintain each Lot and Structure owned by him, as well as all landscaping located thereon, in good condition and repair, including but not limited to: (i) the repairing and painting (or other appropriate external care) of all Structures; (ii) the seeding, watering and mowing of all lawns; and (iii) the pruning and trimming of all trees, hedges and shrubbery so that the same are not obstructive of a view by motorists or pedestrians of street traffic. If in the opinion of the ACC, any Owner shall fail to perform the duties imposed by this Section, the ACC shall notify the Association. If the Board shall agree with the determination of the ACC with respect to the failure of said Owner to perform the duties imposed by this Section, then the Board shall give written notice to the Owner to remedy the condition in question setting forth in reasonable detail the nature of the condition and the specific action or actions needed to be taken to remedy such condition. If the Owner shall fail to take reasonable steps to remedy the condition within fifteen (15) days after the mailing of said written notice by certified mail, then the Association shall have the Right of Abatement as provided in Section 8.02 hereof. Guidelines in relation to the maintenance of structures and landscaping may be included in any Design Standards adopted by the ACC.
6.15 Recreational Vehicles and Trailers. No house trailer, mobile home, motor home, recreational vehicle, camper, truck with camper top, boat or boat trailer or like equipment shall be permitted to be stored on the outside on a Lot on a permanent basis, but shall be allowed on a temporary basis not to exceed seven (7) consecutive days. Such items must be stored in an approved structure or inside the house's garage or basement.
6.16 Recreational Equipment. Recreational and playground equipment shall be placed or installed only in the rear of a Lot as approved by the ACC.
6.17 Non-Discrimination. No Owner or person authorized to act for an Owner shall refuse to sell or rent, after receiving a bona fide offer, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny the purchase or rental of any Lot to any persons because of race, color, religion, sex, age or national origin. Anything in this Declaration to the contrary notwithstanding, this covenant, shall run with the land and shall remain in effect without any limitation in time.
6.18 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, specifications and location for said structure have been approved by the ACC.
6.19 Solid Waste.
(a) No person shall dump rubbish, garbage, or any other form of solid waste on any Lot or Common Easements.
(b) Except during approved construction, no person shall burn rubbish, garbage, or any other form of solid waste on any Lot or on Common Easements.
(c) Except for building materials employed during the course of construction of any Structure approved by the ACC, no lumber, metals, bulk materials or solid waste of any kind shall be kept, stored, or allowed to accumulate on a Lot unless screened or otherwise handled in a manner set forth in any Design Standards adopted by the ACC.
(d) If rubbish, garbage, or any other form of solid waste is to be disposed of by being collected on a regular and recurring basis, containers may be placed in the open on any day that a pickup is to be made, in order to provide access to persons making such pickup. At all other times, such containers shall be screened or enclosed.
6.20 Nuisances. No noxious or offensive activity shall be carried on upon a Lot, nor shall anything be done thereon which ma be or may become an annoyance or nuisance to the community.
6.21 Landscape and Monument Easements. On Lots subject to a Landscape Easement as set forth on any recorded plat of survey of the Development, such Lots are subject to those rights of the Association set forth in Section 2.02.
ARTICLE VII. EASEMENTS, ZONING AND OTHER RESTRICTIONS
7.01 Easements. No Owner shall have any right to use any easement created by the Declarant in, on or over any portion of the Property unless such easement has been assigned by the Declarant to the Association.
7.02 Easement Area. The words "Easement Area" as used herein shall mean those areas on any Lot with respect to which easements are shown on a recorded deed, on the Subdivision Plat, or on any other filed or recorded plat relating thereto.
7.03 Entry. The Declarant and its employees, agents, successors and assigns, shall have the right at all reasonable times to enter upon all parts of each Easement Area for any of the purposes for which such Easement Area is reserved without being deemed to have committed a trespass or wrongful act solely by reason of such entry and the carrying out of such purposes, provided the same are done in accordance with the provisions of this Article. The Declarant and its employees, agents, successors and assigns shall be responsible for leaving each Lot in good condition and repair foiIoxvniglmj^vvol'Sr^^ 7.01.
7.04 Zoning and Private Restrictions. None of the covenants, restrictions or easements creating or imposed by this Declaration shall be construed as permitting any action prohibited by applicable zoning laws, rules or regulations of any governmental body. In the event of any conflict between such laws, rules or regulations and the covenants, restrictions and easements created or imposed by this Declaration, the most restrictive provision shall govern and control.
7.05 Zoning Conditions and Restrictions. Each Lot is subject to the conditions, restrictions, limitations, stipulations and other matters with respect to the rezoning of the Property, as identified and referred to in the Minutes of Zoning Hearing, Cobb County Board of Commissioners, dated October 15, 2002, with respect to Rezoning Application No. Z-99.
7.06 Undisturbed Buffer. In addition to the foregoing, and not by way of limitation, Lots 7, 8, 9, 10, 11, 12, 13, 14, and 15 are each subject to a thirty foot (30') undisturbed buffer as identified in the Subdivision Plat. No trees/vegetation can be removed in the undisturbed buffer without the approval of the Cobb County Arborist, and only if said removal is an enhancement to the buffer area, such as removing dead trees to prevent disease from spreading or the removal of invasive plants such as kudzu or poison ivy. The buffer area can be amended with understory bushes and trees being added. The undisturbed buffer can also be traversed by fencing, subject to the provisions of this Declaration.
7.07 Sign Easement. In addition to the foregoing, and not by way of limitation, Lot 15 is subject to a sign easement, as identified in the Subdivision Plat, which shall not be altered or changed by any Owner.
7.08 Planting/Landscape Easement. In addition to the foregoing, and not by way of limitation, Lot 1 is subject to a Planting/Landscape easement which is currently in place, which shall not be altered or changed by any Owner.
7.09 Preservation Easement. In addition to the foregoing, and not by way of limitation, Lots 13 and 14 are subject to a preservation easement as identified in the Subdivision Plat.
7.10 General Restrictions and Conditions. In addition to the foregoing, and not by way of limitation, each Lot is subject to the easements, limitations, conditions, restrictions and other matters identified on the Subdivision Plat.
ARTICLE VIII. ENFORCEMENT
8.01 Right of Enforcement. This Declaration and the Restrictions contained herein shall inure to the benefit of and shall be enforceable by: (i) the Declarant so long as it is an Owner; (ii) the Association; and (iii) each Owner (including his legal representatives, heirs, successors and assigns).
8.02 Right of Abatement.
(a) Except where different notice provisions are provided elsewhere in these Restrictions, in the event of a violation or breach of any Restriction contained in this Declaration, the Association shall give written notice by certified mail to the Owner setting forth in reasonable detail the nature of such violation or breach and the specification or actions needed to be taken to remedy such violation or breach. If the Owner shall fail to take reasonable steps to remedy such violation or breach within fifteen (15) days after the mailing of such written notice, then the Association shall have the right of Abatement.
(b) The Right of Abatement, as used in these Restrictions, means the right of the Association, through its agents and employees, to enter at all reasonable times upon any Lot or Structure, as to which a violation, breach or other condition to be remedied exists, and to take actions specified in the notice to the Owner to abate, extinguish, remove, or repair such violation, breach or other condition which may exist thereon contrary to the provisions hereof, without being deemed to have committed a trespass or wrongful act solely by reason of such entry and such actions, provided such entry and such actions are carried out in accordance with the provisions of this Section, and with the cost thereof, including the costs of collection and reasonable attorney's fees, together with interest thereon at the lower of the highest rate permitted by law to be a binding personal obligation of such Owner enforceable in law, as well as a lien on such Owner's Lot enforceable pursuant to the provisions of section 8.04 hereof. Such lien shall be superior to any and all charges, liens or encumbrances which may in any manner arise or be imposed upon the Lot after such entry whether arising from or imposed by judgment or decree or by any agreement contract, mortgage, deed to secure debt, or other instrument, excepting only: (i) such liens for taxes or other public charges as are by applicable law made superior; (ii) the liens created by Section 4.01 hereof; and (iii) all deeds to secure debt given to secure a loan the proceeds of which are used: (1) to purchase (or refinance) a Lot or Lots (together with any and all Structures which may from time to time be placed or located thereon) and (2) to finance (or refinance) the construction, repair or alteration of Structures.
8.03 Specific Performance. Nothing contained in this Declaration shall be deemed to affect or limit the rights of the Declarant, the Association, or any Owner to enforce the Restrictions by appropriate judicial proceedings or to recover damages. However, it is hereby declared that it may be impossible to r»fasiiro. nccurately in money the damages which will accrue to a beneficiary hereofjls_transferees, successors or assigns, by reason of a violation of, or failure to perform any of the obligations provided by this Declaration and, therefore, any beneficiary hereof shall be entitled to relief by way of injunction or specific performance, as well as any other relief available at law or in equity, to enforce the provision hereof. In addition to all other remedies available in any action at law or equity, the Declarant or Association shall be entitled to the recovery of all reasonable attorney's fees incurred in the enforcement of these Covenants.
8.04 Collection of Assessments and Enforcement of Lien.
(a) If any assessment, interest, cost or other charge is not paid as required by this Declaration, the Association may bring either an action at law against the Owner personally obligated to pay the same, or an action to foreclose any lien created by this Declaration against the Lot or Lots subject to the lien, or both, for the purpose of collecting such assessment, cost or charge, plus any interest thereon and costs of collection, including reasonable attorneys' fees.
(b) As an additional remedy, but in no way as a limitation on the remedies, if any assessment, interest, cost or other charge is not paid as required by this Declaration, each Owner hereby grants to the Association and its assigns the following irrevocable power of attorney: to sell the said Lot or Lots subject to lien at auction, at the usual place for conducting sales at the Courthouse in Cobb County, Georgia, to the highest bidder for cash, after advertising the time, terms and place of such sale once a week for four weeks immediately preceding such sale (but without regard to the number of days) in the paper in which the Sheriffs advertisements for Cobb County, Georgia are published, all other notice being hereby waived by each Owner, and the Association or any person on behalf of the Association, or assigns, may bid and purchase at such sale and thereupon execute and deliver to the Purchaser or Purchasers at such sale a conveyance of said property in fee simple, which conveyance shall contain recitals as to the happenings of the default upon which the execution of the power of sale herein granted depends, and each Owner hereby constitutes and appoints the Association and assigns, the agent and attorney in fact of each Owner to make such recitals, and hereby covenants and agrees that the recitals so to be made by the Association, or assigns, shall be binding and conclusive upon the Owner whose property is the subject matter of such sale, and the heirs, executors, administrators and assigns of such Owner, and that the conveyance to be made by the Association or assigns shall collect the proceeds of such sale, and after reserving there from the entire amount of assessment, interest, cost or other charge due, together with all costs and expense of sale and twenty percent (20%) per annum of the aggregate amount due for attorneys' fees, shall pay any excess to such Owner, or to the heirs or assigns of such Owner as provided by law. The
otherwise, and are granted as cumulative to the remedies for collection of said indebtedness provided by law.
(c) WAIVER. EACH OWNER, BY ACCEPTANCE OF A DEED CONVEYING A LOT SUBJECT TO THIS DECLARATION, WAIVES ANY RIGHT WHICH OWNER MAY HAVE UNDER THE CONSTITUTION OR THE LAWS OF THE STATE OF GEORGIA OR THE CONSTITUTION OR THE LAWS OF THE UNITED STATES OF AMERICA TO NOTICE OR TO A JUDICIAL HEARING PRIOR TO THE EXERCISE OF ANY RIGHT OR REMEDY PROVIDED BY THIS DECLARATION, AND OWNER WAIVES OWNER'S RIGHT, IF ANY, TO SET ASIDE OR INVALIDATE ANY SALE DULY CONSUMMATED IN ACCORDANCE WITH THE PROVISIONS OF THIS DECLARATION ON THE GROUNDS (IF SUCH BE THE CASE) THAT THE SALE AS CONSUMMATED WITHOUT A PRIOR JUDICIAL HEARING. ALL WAIVERS BY OWNER IN THIS PARAGRAPH HAVE BEEN MADE VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY, AFTER OWNER HAS FIRST BEEN ALLOWED THE OPPORTUNITY TO CONSULT LEGAL COUNSEL WITH RESPECT TO OWNER'S POSSIBLE RIGHTS.
8.05 No Waiver. The failure of the Declarant, the Association, or the Owner of any Lot, his or its respective legal representatives, heirs, successors and assigns, to enforce any restrictions herein contained shall in no event be considered a waiver of the right to do so thereafter as to the same violation or breach or as to an violation or breach occurring prior or subsequent thereto.
ARTICLE IX. DURATION AND AMENDMENT
9.01 Duration and Perpetuities.
(a) The provisions of these covenants shall run with the bind the land and shall be and remain in effect perpetually to the extent permitted by law. Provided, however, so long as Georgia law limits to twenty (20) years the period during which covenants restricting lands to certain uses may run, any provisions of these covenants affected thereby shall run with and bind the land for a period of twenty (20) years from the date these Covenants are filed for record in the Office of the Clerk of the Superior Court of Cobb County, Georgia, after which time these Covenants shall be automatically extended for successive, unlimited, twenty (20) year periods as currently allowed under O.C.G.A. Section 44-5-60(d)(l), unless an instrument, signed by at least fifty-one (51%) percent of the persons owning lots affected by these Covenants has been recorded in the Office of the Clerk of said Court, agreeing to terminate these Covenants. Any such instrument must be in strict compliance with the -requirements set ion n in O.C.G.A. Sci'iiCm. 44-5-6G(d);2). Ever/ purchaser or grantee of any
interest in any portion of the Property, by acceptance of a deed or other conveyance thereof, thereby agrees that the provisions of these Covenants may be extended and renewed as provided in this section.
(b) If any of the covenants, conditions, restrictions, easements or other provisions of these Covenants shall be unlawful, void or voidable for violation of the rule Against Perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the survivor of the now living descendants of her Majesty Queen Elizabeth II, the Queen of England.
9.02 Amendment. These Covenants may be amended unilaterally at any time and from time to time by Declarant: (i) if such amendment is necessary to bring any provisions hereof into compliance with any applicable governmental statute, rule or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to the Lots subject to these Covenants; (iii) if such amendment is required by any institutional or governmental lender or purchase of mortgage loans, including, for example, the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the Lots subject to these Covenants; or (iv) if such amendment is necessary to enable any governmental agency, such as the Veterans Administration, or reputable private mortgage insurance company to insure mortgage loans on the Lots subject to these Covenants - provided any such amendment shall not adversely affect the title to any Owner's Lot, unless any such Owner so affected thereby shall consent thereto in writing. These Covenants 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; provided, however, such amendment by the Owners shall not be effective unless also signed by the Declarant, if the Declarant is the owner of any real property subject to these Restrictions; and provided further, however, no amendment affecting the Declarant's right to add additional property shall be effective unless also signed by Declarant. No amendment to the provisions of these Covenants 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 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 for record in the Office of the Clerk of the Superior Court of Cobb County, Georgia. The written consent thereto of any mortgage holder affected thereby shall also be filed with such amendment. Every purchaser or grantee of any interest in any real property now or hereafter subject to these Covenants, by acceptance of a deed or other conveyance therefore, thereby agrees that these Covenants may be amended as provided in this Section.
—————————————————ARTICLE X. MISCELLANEOUS—————————————————
10.01 Other Changes. Notwithstanding any other provisions herein which may be constructed to the contrary, unless at least two-third's (2/3)of the first mortgages (based upon one vote for each first mortgage owned) or Owners (other than the Declarant) of the individual Lots in the Development have given their prior written approval, the Association shall not be entitled to:
(a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Properties owned, directly or indirectly, by such Association (the granting of easements for public utilities or for other public purposes consistent with the intended use of such common area or property by the Association shall not be deemed a transfer within the meaning of this clause);
(b) Change the method of determining the obligations, assessments, dues or other charges which may be leveled against an Owner;
(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 of dwellings on the Lots of the Development, the exterior maintenance of Lots and improvements thereon, the maintenance of the Common Property's walks, common fences, common roadways and driveways, or the upkeep of lawns and plantings in the development;
(d) Fail to maintain fire and extended coverage on insurable Association Common Property, if any, on a current replacement cost basis in an amount no less than one hundred (100%) percent of the insurable value (based on current replacement cost); and
(e) Use hazard insurance proceeds for losses to any Association Common Property for other than the repair, replacement or reconstruction of such property.
10.02 Rights of First Mortgagees:
(a) First mortgagees of Lots in the Development may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Association's Common Property and may pay overdue premiums on hazard insurance policies of secure new hazard insurance coverage on the lapse of a policy, for such common Properties and first mortgagees making such payments shall be owed immediate reimbursement therefore from the Association. Despite any other provision of this declaration which may be interpreted otherwise, it is expressly intended that no Owner or any other party have priority over any right of the first mortgagee of a Lot pursuant to its ————mortgage or security deed in the case uf a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Association's Common Property.
(b) In addition to the rights of mortgagees elsewhere provided, each first mortgagee of a Lot, upon request, shall:(i) be entitled to attend and observe all meetings of Owners, but not meetings of the Board; (ii) be furnished copies of annual financial reports made to the Owners; and (iii) be entitled to inspect the financial books and records of the Association during reasonable business hours.
10.03 Professional Management. Any agreement for professional management of the Association, or any other contract providing for services of the Declarant, may not exceed three (3) years. Any such agreement must provide for termination by either party without cause and without payment of a termination fee on ninety (90) days written notice.
10.04 Notices of Leases; Tenants and Guests. All tenants, lessees, guests and visitors are subject to the covenants contained in this Declaration, and they must abide by the rules and regulations set forth herein and as promulgated by the Association. It is the responsibility of the Owner to inform his tenants, lessees, guests and visitors of this requirement. It is also the responsibility of the Owner to inform the Association of any lease of his dwelling, whether by written or oral agreement and where the Owner will not be occupying his dwelling, to provide the Association with a forwarding address where he may be contacted.
10.05 No Reverter. No restriction herein is intended to be, or shall be constructed as, a condition subsequent or as creating a possibility of reverter.
10.06 Severability. A determination by a court that any provision hereof is invalid for any reason shall not affect the validity of any other provision hereof.
10.07 Headings. The headings of the Articles and Sections hereof are for convenience only and shall not affect the meaning or interpretation of the contents of this Declaration.
10.08 Gender. Throughout this Declaration, the masculine gender shall be deemed to include the feminine and neuter, and the singular, the plural, and vice versa.
10.09 Notices. All amendments, notices, requests, objections, waivers, rejections, agreements, approvals, disclosures or consent of any kind made pursuant to this Declaration, whether made by the Declarant, the Association, the Owner, or any other person, shall be in writing all such writing shall be sufficient only if deposited in the United States Mail, with sufficient postage, and
3?nt Certified m^.l tr> t^ following
(a) Declarant: Letchworth Homes Inc.
1950N. Park Place, S.E. Suite 300 Atlanta, GA 30339
(b) Owner: Each Owner's address as registered with the Association
in accordance with the By-Laws, and if not registered, then at the street address for the Lot.
Any written communication transmitted in accordance with this Section 10.09 shall be deemed received on the third (3rd) day following the day such written notice is deposited in the United States Mail.
10.10 No Liability. Declarant has, using best efforts and all due diligence, prepared and recorded this Declaration so that each and ever Owner shall have the right and the power to enforce the terms and provisions of this Declaration against every other Owner. However, in the event that this Declaration is, for any reason whatsoever, unenforceable by any Owner (or any other person) in a court of law or otherwise, Declarant shall have no liability of any kind as a result of such unenforceability, and each and every Owner, by acceptance of a deed conveying a Lot, acknowledges that Declarant shall have no such liability. With respect to the management or maintenance of any landscaping, irrigation or entrance feature installed by Declarant, neither Declarant or an interim Directors appointed by Declarant shall have any liability.