Windward Pointe

Declaration of Covenants and Restrictions

RULES AND REGULATIONS

Pursuant to the authority vested by the Articles of Incorporation, the declaration of Covenants and Restrictions for Windward Pointe, Fulton county, Georgia and it’s BYLAWS and the Board of Directors of Windward Pointe Homeowners Association, Inc. having adopted the following rules and regulations of Windward Pointe Regency and Preserve.

1. ENFORCEMENT. All violations of these rules and regulations shall be reported immediately to a member of the Board of Directors, and Association officer and/or managing agent. Disagreements concerning violations, including without limitation, disagreements regarding the proper interpretation and effect of these rules and regulations, shall be presented to and determined by the Board of Directors of the Association, whose interpretation of these rules and/or whose remedial action shall be dispositive. In the event that any person, firm or entity subject to these rules and regulations fails to abide by them, as they are interpreted by the Board of Directors of the Association, he shall be liable to be fined by the Association for each such failure to comply or other violation of these rules and regulations. Each day during which said Rules and Regulations are violated shall constitute a separate violation of the rules for which a fine may be levied. Such fine, which shall not exceed twenty-Five Dollars ($25.00) for each violation, shall be collected by the Association and shall become a part of the Common Surplus of the Association. If the Board of Directors of the Association deems it necessary, it may bring action at law or in equity, in the name of the Association, to enforce these rules and regulations, including the provision herein for fines. In the event any such action is instituted, and reduced to judgment in favor of the Association, the Association shall, in addition, be entitled to recover costs and attorney’ fees incurred in enforcing these rules and regulations.


2. USE OF THE ASSOCIATION PROPERTY: The common Elements of the Community, as defined in the Declaration, are for the exclusive use of Homeowners and their immediate families, lessees, resident house guests and guests accompanied by a member, and no other person shall be permitted to use the Association Property unless accompanied by a Homeowner or a member of his immediate family, without the prior written consent of the Association. Upon the homeowner’s lease of his Home, the Homeowner relinquishes all of his rights to use the Common Area and other Association Property for the duration of the lease.


3. NOISE. The social and friendly gathering of homeowners and their guests is welcomed. Homeowners are entirely responsible for the conduct of their guests in their home or outside. Conduct that is boisterous, obscene, or generally objectionable to other homeowners, as well as conduct which endangers the safety of any person, will not be tolerated and is expressly prohibited. Stereos, radios, televisions and musical instruments are to be played at a minimal level, particularly between the hours of 10 p.m. and 8 a.m.


4. CHILDREN. Homeowners shall be held responsible for, and shall bear any and all expenses for all damage caused by their children, guests and lessees. Minor children shall not play on or about the Common Elements except under the reasonable supervision of a responsible adult. Not withstanding the forgoing, heightened supervision should be extended at all times when children are playing in the roadway.


5. PETS. Pets shall be leashed and restrained at all times when on or about the Common Land. Owners maintaining pets at their Home or whose guests, or lessees bringing any animal to said Home shall be responsible for, and bear any and all expenses for any and all damage done by said pet, which shall be determined by the Board of Directors of the Association and collected by the Association. Homeowners shall be specifically responsible for cleaning up all waste left by their pets on Association Property. land and roadways. Homeowners are responsible for keeping pets from disturbing and endangering other homeowners due to noise or attack. Homeowners will be held responsible for removing excessively noisy pets from the Association Community.


6. OBSTRUCTIONS. There shall be no obstruction or cluttering of the Association Property, including, without limitation to sidewalks, driveways, automobile parking spaces, roadways, common lawns, entrances, stairways, patios, or other Home elements designated as common.


7. DESTRUCTION OF PROPERTY/COMMON LAND. There shall be no marking, marring, damaging, destroying, or defacing of any part of the common land and roadways. Homeowners shall be held responsible for, and shall bear any and all expenses for such damage caused by said homeowner, his/her family, guests, lessees and or invitees. Members shall be reasonable for, and shall bear any expense of, any damage caused by moving to or removing from their home, household furnishings, or other objects, or caused by any other deliveries to or from homes by their invitees.


8. BALCONIES, WINDOWS, TERRACES, AND DOORS. Nothing shall be dropped, thrown, swept, or otherwise expressed from any windows, door, balcony, or terrace. No towels, clothing, or other fabric or rugs may be hung from or on any window, door, balcony, fence, terrace, or lawn furniture. Barbecue grills shall be kept neat and shall be stored on the patio or deck immediately outside the town home. All loose or movable objects/furniture shall be moved from the patios, porches or decks upon notice of inclimate weather characterized by conditions of high wind. Balconies, windows, terraces, and doors shall not be altered from the condition in which originally constructed, including, without limitation, alteration by painting, screening, or installation of reflective materials, unless pursuant written approval by the Board of Directors. For purposes of assessing fines for violations of this Rule, each day during which the Rule is violated shall constitute a separate violation of the rules for which a fine may be levied.


9. REFUSE. All household refuse; bottles, cans, newspapers, magazines, and garbage shall be deposited in the containers provided therefore. Additional trash containers are to be within specifications set by the Board of Directors of the Association. Stored trash containers and recycle containers are to be removed from the front of each unit by midnight, the day after trash pickup. Trash containers and Recycle containers are not to be stored in the front or side of the home or on Association Property.


10. LITTERING. Littering is not permitted on Association Property. Without limitation, this includes all common areas and roadways. Littering includes all types of refuse, cigarette butts, wrappers, etc.


11. SIGNS/FLAGS. No sign, flag, banner, nameplate, signal, advertisement, or illumination shall be inscribed or exposed on any Home, or at any window, door, porch, balcony, and terrace or on common land without the express prior written consent of the Board of Directors.


12. PARKING. Homes without garages may be assigned 2 parking spaces in front of or in close proximity to their Home. Homes with garages may park one car in the garage not to hinder the garage door from closing. Homes with garages may park up to 3 cars in their driveway, not to extend into the roadway causing obstruction. Homes with garages may park 1 car on the roadway in front of their Home. Un-numbered spaces are available for guests & visitors all homeowners.

Overnight curbside parking on Ashleigh Lane is not allowed at any time unless homeowner has prior written approval by the Board Of Directors.

Unauthorized parking shall include:

A. Vehicles parked so as to impede access to or from other parking spaces, driveways, roadways, or parked in an unauthorized space.
B. Vehicles parked curbside in front another homeowner’s Home, without prior permission from said homeowner.
C. Vehicles parked where the overhang from the driveway exceeds 1 foot into the roadway.
D. Curbside parking on Ashleigh Lane between the hours of 2am and 6am.
E. Vehicles parked on any grass area.
F. Vehicles double-parked on the roadway at anytime.
G. Vehicles parked within 24 feet in any direction of a fire hydrant.
H. Parking of boats, trailers, campers, commercial trucks, or other oversized vehicles.
I. Vehicles with expired tags.


13. VEHICLE REPAIRS. Vehicle, equipment or other machinery repairs where oil or fluids are expelled or drained from the vehicles, equipment or other machinery is not allowed on common land or on association roadways. Vehicle, equipment, or other machinery repairs that require more than 4 hours to complete or repairs on vehicles, equipment or machinery not belonging to the homeowner, the immediate resident family, or the lessee or consecutive day repairs are not allowed on the roadways, drives or parking lot.


14. COMPLIANCE WITH DOCUMENTS. All members, and every lessee, guest, or visitor of a member, shall comply with all of the terms, conditions covenants, restrictions, and limitations contained in the Declaration of Covenants, Rules and Regulations, the Articles of Incorporation, and the By-Laws.


15. RULE CHANGES. The Board of Directors of the Association reserves the right to change or revoke existing rules and regulations and to make such additional rules and regulations from time to time as, at their option, shall be necessary or desirable to promote the safety and protection of the buildings and their occupants, to promote cleanliness and good order of the property, and to assure the comfort and convenience of the Homeowners.


16. WASHING VEHICLES. Homeowners, their immediate families and lessees are permitted to wash their vehicles utilizing water owned by the homeowners adhering to county watering restrictions. Spray nozzles must be used so that there is not continual running water. Washing of vehicles must be done in the owners designated parking space or driveway. The washing of boats, trailers, campers, commercial trucks or other oversized vehicles owned by the homeowner, guest or lessee is prohibited.


17. POOL AREA. Homeowner shall be held responsible for, and shall bear any and all expenses for damages caused by said homeowner, his/her family, guests, and lessees. Homeowners shall be responsible for adhering to all posted notices and warnings in and around the pool area, in addition to the following:

Age Limits:
Children under the age of 16 are not allowed within the pool area without reasonable adult supervision.

Hour of Operation:
Pool hours are from 6am until 9pm, 7 days a week.
Children’s pool hours are from 9am until 9pm

Noise:
Radios or other music devices will be kept at a volume as to not disturb other residents within the pool area. Excessive yelling and screaming is not allowed.

Food:
No glass containers, dishes, etc are allowed within the fenced pool area. Food is not permitted in the pool itself. Smoking within the fenced pool area is not permitted.

Access:
Pool access is for the entire community. No private parties or reservations allowed without written approval from the Board of Directors. The maximum number of guests is limited to 3 per household. The adult homeowner must accompany all guests within the fenced pool area. Pets are not allowed within the fenced pool area at any time unless with written approval from the Board of Directors.

Conduct:
No running, jumping, diving or horseplay within the fenced pool area or in the pool itself. The use of profanity and other offensive conduct is not allowed within the pool area.

Phone:
The phone is for emergency use only. No personal use.


18. SPEED LIMIT. Vehicles driven on community streets shall not exceed a speed limit of 25 MPH.


19. RENTAL/LEASE PROPERTY. Homeowners are responsible for the notification of the Association of any and all lessees of any home within the community who will use Association Property.

4/27/02

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