ARTICLE 7
Design Guidelines
Section 1. Land Use and Building Type.
No Tract shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any Tract other than one detached single-family dwelling unit not to exceed two (2) stories in height. There shall be no through access from any lot to Stamp Creek Road other than by way of North Hampton Drive, and specifically, there shall be access across the rear lot lines of Lots 1, 2 & 133.
Section2. Architectural Control.
No building of any kind shall be erected, placed or altered on any Tract until the construction plans and specifications and plans showing the location of the structure have been approved by the Architectural Control Committee, as described in Paragraph 19 below, as to quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finished graded elevation. Every Tract shall have a landscaped front yard with any grass area to consist of Bermuda sod. All fences to be installed or any fence already installed and to be altered shall be approved by the Architectural Control Committee. No fence shall be installed on any lot nearer to the street than the rear of the house, and any fence which faces a street shall consist of a wooden privacy fence. No fence shall be installed on any corner lot without prior written approval of the Architectural Control Committee.
Section 3. Dwelling.
No dwelling shall be permitted on any Tract which contains less than One thousand six hundred (1,600) square feet of heated floor area. No dwelling which does not have a brick or stucco front will be permitted.
Section 4. Building Location.
No building shall be located on or nearer to front, back and side set back lines as are shown on the subdivision plat, or as may be required by the governing political authority.
Section 5. Tract Area.
The minimum area for all tracts shall be as shown on the recorded Plat of Survey for NORTH HAMPTON Subdivision, a private Subdivision, located in Bartow County, Georgia. No Tract shall be subdivided at any time to an area consisting of less acreage than as shown on the aforementioned recorded plat of survey for that respective Tract.
Section 6. Easements.
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat or as may be required by Developer. Drainage flow shall not be obstructed nor diverted from drainage or utility easements as so designated above.
Section 7. Nuisances.
No noxious or offensive activities shall be carried on or upon any Tract, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the adjoining owners.
Section 8. Temporary Structures.
No structure of a temporary character, trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding shall be used on any Tract at any time as a residence, either temporarily or permanently.
Section 9. Signs.
No sign of any kind shall be displayed to the public view on any Tract except for one (1) sign of not more than four (4) square feet advertising such Tract for sale or rent, or signs used by a builder to advertise the Tract during the construction and sales period.
Section 10. Oil and Mining Operations.
No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Tract, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon any Tract. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Tract.
Section 11. Livestock and Poultry.
No general farm animals, livestock, horses or poultry of any kind shall be raised, bred or kept on any Tract. Ordinary household pets such as dogs, cats or other pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes.
Section 12. Antennae, Etc.
No exterior television, radio antennae, satellite dish, receiver, or solar equipment of any sort shall be located, installed, placed, allowed or maintained upon any portion of a Structure, Residential Unit or Tract without prior written approval by the Architectural Control Committee. No antennae shall be installed or used for the purpose of transmitting of electronic signals.
Section 13. Clotheslines, Garbage Cans, Etc.
No outside clotheslines will be allowed. Garbage cans and wood piles shall be kept screened by adequate planting or fencing so as to conceal them from view by neighboring residents, and may be maintained in a rear yard of a Tract only.
Section 14. Heating Fuel Containers, Etc.
Except for liquid propane tanks for home gas grills and other such patio cooking equipment, no exposed liquid propane tank, fuel oil tank of any type of fuel container used to heat a Residential Unit shall be located visible and above ground on any Tract. Any such container shall be buried below ground and shall be located on a Tract only with the prior approval in writing by the Architectural Control Committee.
Section 15. Recreational Equipment.
Recreational and playground equipment shall be placed or installed upon a Tract only to the rear of any Residential Unit. Basketball goals may be placed adjacent to the driveway. No above ground pools shall be allowed.
Section 16. 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 on any Tract on a permanent basis, but shall be allowed on a temporary basis not to exceed forty-eight(48) consecutive hours. Notwithstanding the foregoing and except for house trailers and mobile homes, any such vehicles or equipment may be stored on a Tract, provided such vehicle or equipment is kept in an enclosed space and is concealed from view by any neighboring residence and from the view of any driveway or street, and must be approved in writing by the Architectural Control Committee.
Section 17. Garbage and Refuge Disposal.
No Tract shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All containers, incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. No person shall dump rubbish, garbage or any other form of solid waste on any Tract or on Common Area.
(a) Except during approved construction and as approved by the appropriate governmental authority, no person shall burn rubbish, garbage or any form of solid waste on any Tract or on Common Area.
(b) Except for building materials employed during the course of construction of any Structure, no lumber, metals, bulk material or solid waste of any kind shall be kept, stored, or allowed to accumulate on any Tract unless screened or otherwise handled in a manner set forth in the Design Standards and approved in writing by the Architectural Control Committee.
(c) 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 at the street. At all other times, such containers shall be screened or enclosed in the manner set forth in the Design Standards.
Section 18. Sewerage Disposal.
No individual sewerage-disposal system shall be permitted on any Tract unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of the Georgia Department of Public Health. Approval of such systems as installed shall be obtained from the appropriate governmental authorities.
Section 19. Architectural Control Committee.
The Architectural Control Committee shall be composed of Jim Galloway and Gil Smith. In the event of the death or resignation of any member of the Architectural Control Committee, the remaining member shall have full authority to designate a successor. Neither the members of the Architectural Control Committee, nor a designated representative, shall be entitled to any compensation for services performed pursuant to this instrument. The approval or disapproval of the Architectural Control Committee, or its designated representative, fails to approve or disapprove plans and specifications within thirty (30) days after such plans and specifications shall have been submitted to it, then the approval of the Architectural Control Committee shall be deemed to have been given and in compliance with the related covenants shall be deemed to have been made.
Section 20. Enforcement.
Enforcement of the covenants contained in this instrument shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants, either to restrain violation or to recover damages.
Section 21. Severability.
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions of this instrument, which shall remain in full force and effect.
RULES FOR NORTH HAMPTON HOMEOWNERS ASSOCIATION, INC.
Leasing
Prior to leasing a house, or any part thereof, the homeowner must provide a copy of the lease to the NHHA board. Said lease shall contain the residence address, the owner’s name and mailing address, and the name(s) of the renter(s). The lease shall also contain a provision that the renter(s) agree and understand that they are subject to all the covenants and rules of the North Hampton Homeowners Association.
Category #1 Fine Violation
Maintenance
1. Conditions where Bermuda grass won’t grow, Fescue grass may be planted.
2. Maintenance of yards shall consist of:
a). Regular cutting of the grass;
b). Regular edging of the yard, driveway, and walkway;
c). Cleaning up of grass clipping; and
d). Maintenance of island areas with mulch, pine straw, rock or other commonly used landscaping materials.
3. Maintenance of houses and any other structures shall consist of repairs, painting and pressure washing on an as needed basis.
4. Repair maintenance of houses shall consist of replacement of shutters, garage doors, front doors, roofs, etc., on an as needed basis.
5. Homeowners must maintain easement and right-of-way areas that adjoin their property.
Category #1 Fine Violation
No Solicitation
No solicitation or advertising services is allowed in the community, including the posting of handbills. This doesn’t include fundraisers or charity organizations.
Category #1 Fine Violation
Pets
No animals shall be allowed for commercial purposes. All pets shall be on a leash when outside of an enclosed area or electronic fence. Owners of pets will immediately pick-up and properly dispose of any animal droppings left on the common areas, sidewalk areas or any neighbor’s property. Pets shall not be allowed to become excessively noisy, as to create a nuisance.
Category #2 Fine Violation
Satellite Dishes
Exterior satellite dishes, no larger than one meter in diameter shall be allowed. They shall not be placed on the front of the home, unless it is the only location that the Owner can receive a reasonable and acceptable signal.
Category #1 Fine Violation
Vehicles
Vehicles may not be parked in yards or easements. Vehicles may only be parked in the driveway of the garage. Vehicles may not be parked on the street overnight. All vehicles must be tagged and licensed.
Category #1 Fine Violation
FINE PROCEDURES AND AMOUNTS
The First Notice will be sent certified mail to the homeowner when a violation occurs. This letter shall state the following:
1. The applicable rule or covenant that has been violated;
2. The applicable fine amount;
3. That the violator will lose all voting rights and use of amenities; and
4. A notice that the above penalties will not apply if the violator corrects the violation within ten (10) days, or files a written appeal to the Board within ten (10) days via certified mail. The Board shall send a written, dated decision approving or denying the appeal to the violator via certified mail.
Violators will be responsible for reimbursing the Association all mailing costs. If an appeal is filed, and subsequently denied, penalties shall begin running the date of the denial. If a Second Notice is necessary, it will be sent via regular first class mail, and will inform the violator that the fine has begun accruing, and that the violator has lost their voting rights and use of the amenities. The violator will also be informed that the Association can collect fines by filing a Lien on the violator’s property.
Category Fine Amounts:
Category #1 - $25.00 per day, per violation.
Category #2 - $50.00 per day, per violation.
Category #3 - $75.00 per day, per violation.
All covenants and rules have been categorized for violation fines. These categories are defined as the following:
Article 7:
Section 1 - Category #3
Section 2 - Category #1
Section 3 - Category #3
Section 4 - Category #3
Section 5 - Category #3
Section 6 - Category #3
Section 7 - Category #1
Section 8 - Category #3
Section 9 - Category #1
Section 10- Category #3
Section 11- Category #2
Section 12- Category #1
Section 13- Category #1
Section 14- Category #3
Section 15- Category #1
Section 16- Category #2
Section 17- Category #3
Section 18- Category #3