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SECTION 1. LOTS HEREBY SUBJECTED TO THIS DECLARATION
SECTION 2. ADDITIONAL LOTS HEREAFTER SUBJECTED TO THIS DECLARATION
SECTION 3. NO EFFECT ON BALANCE OF THE ENCLAVE AT GRANDVIEW
SECTION 4. ALL LOTS BEAR THE BURDENS AND ENJOY THE BENEFITS OF THIS DECLARATION
SECTION 5. EASEMENTS OVER THE LOTS
SECTION 1. ASSOCIATION PROPERTY
SECTION 2. MEMBERS' RIGHTS IN ASSOCIATION PROPERTY
SECTION 3. EASEMENTS OVER ASSOCIATION PROPERTY
SECTION 4. DAMAGE OR DESTRUCTION
SECTION 5. TRANSFER OR ENCUMBRANCE
SECTION 1. THE ASSOCIATION
SECTION 2. MEMBERSHIP
SECTION 3. CLASSES OF MEMBERSHIP; VOTING RIGHTS
SECTION 4. SUSPENSION OF MEMBERSHIP RIGHTS
SECTION 5. MEETINGS OF THE MEMBERSHIP
SECTION 6. ASSOCIATION ACTS THROUGH ITS BOARD OF DIRECTORS
SECTION 7. PROFESSIONAL MANAGEMENT
SECTION 1. ASSESSMENTS; LIEN THEREFORE
SECTION 2. PERSONAL OBLIGATION OF MEMBERS
SECTION 3. PURPOSES OF ASSESSMENTS
SECTION 4. DETERMINATION OF ANNUAL ASSESSMENT
SECTION 5. SPECIAL ASSESSMENTS
SECTION 6. LOTS OWNED BY DECLARANT
SECTION 7. EFFECT OF NON-PAYMENT OF ASSESSMENTS; REMEDIES OF THE ASSOCIATION
SECTION 1. ARCHITECTURAL RESTRICTIONS
SECTION 2. COMBINATION OF LOTS
SECTION 3. ARCHITECTURAL CONTROL
SECTION 4. DECLARANT EXEMPTION
SECTION 5. ARCHITECTURAL ADVISORY COMMITTEE
SECTION 1. SINGLE-FAMILY USE
SECTION 2. PROHIBITED ACTIVITIES
SECTION 3. NUISANCES
SECTION 4. TRASH; ANIMALS
SECTION 5. SIGNS
SECTION 6. ANTENNAS; AERIALS; SATELLITE DISHES
SECTION 7. CLOTHESLINES
SECTION 8. WINDOW AIR-CONDITIONERS
SECTION 9. TEMPORARY STRUCTURES
SECTION 10. VEHICLES; TRAILERS; BOATS; AUTOMOBILES
SECTION 11. SUBDIVISION OF LOTS
SECTION 12. ENFORCEMENT BY MEMBERS
SECTION 1. FAILURE OF ENFORCEMENT
SECTION 2. WAIVERS
SECTION 3. DURATION
SECTION 4. NOTICES
SECTION 5. SEVERABILITY
SECTION 6. ENFORCEMENT
SECTION 7. SUCCESSORS TO DECLARANT
THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made on this 11th day of October, in the year One Thousand Nine Hundred Ninety-Nine by PULTE HOME CORPORATION, a Michigan corporation (hereinafter referred to as the "Declarant").
WHEREAS, the Declarant is the owner of that certain real property located in Land Lots 286,287, 310, 311 and 318 of the 7th District of Gwinnett County, Georgia which real property is hereinafter identified as "The Glen at Grandview"; and
WHEREAS, the Declarant intends to develop a single family residential subdivision on The Glen at Grandview to be known as "The Glen at Grandview"; and
WHEREAS, the Declarant desires to provide open spaces, parks, green belts and other facilities for the benefit of the persons who shall reside on the "Lots" (as that term is hereinafter defined); and
WHEREAS, in order to insure the enjoyment of such open spaces, parks, green belts and other facilities by the residents of the said Lots, and in order to protect and enhance the value of said Lots, it is desirable to create an association to own, maintain and administer such open spaces, parks, green belts and other facilities, and to administer and enforce the covenants and restrictions imposed by this Declaration on the individually owned properties, and to collect, hold and disburse the charges and assessments provided for in this Declaration, and
WHEREAS, it is intended that every owner of any said Lots automatically, and by reason of such ownership and this Declaration, become a member of the aforesaid association and be subject to its valid rules and regulations and the assessments and charges made by such association;
NOW, THEREFORE, the Declarant does hereby submit the "Lots" and the "Association Property" (as those terms are hereafter defined) to the provisions of this Declaration.
As used in this Declaration, the following terms shall have the meanings ascribed to them in this Article I, such definitions being cumulative of those set forth elsewhere in this Declaration.
"Adjacent Lots" shall mean collectively, those four lots located in Suwanee, Gwinnett County, Georgia described below:
5125 West Price Road;
5126 West Price Road;
5165 West Price Road; and
5175 West Price Road
"Annual Assessment" shall have the meaning specified in Section 4 of Article V hereof, and shall constitute the assessments which, pursuant to the provisions of Article V hereof, shall be levied by the Association against the Lots each year for the purpose of raising the funds necessary to pay the "Annual Expenses" (as that term is defined in Section 3 of Article V hereof).
"Articles of Incorporation" shall mean the Articles of Incorporation of the Association, as the same may be amended from time to time.
"Association" shall mean The Glen at Grandview Homeowners Association, Inc., a Georgia non-profit membership corporation.
"Association Property" shall mean all of the real and personal property which shall be conveyed and transferred to the Association pursuant to Section 1 of Article III of this Declaration. Association Property shall not include any Lot which shall be acquired by the Association through foreclosure of the lien in favor of the Association, as provided for in Article V of this Declaration.
"Board of Directors" shall mean the Board of Directors of the Association.
"Bylaws" shall mean the Bylaws of the Association, as the same may be amended from time to time.
"Declarant" shall mean Pulte Home Corporation, a Michigan corporation, and shall include any successor or assign of Pulte Home Corporation (other than a person acquiring fewer than five (5) Lots) who shall acquire the entire interest in The Glen at Grandview which was owned by the immediate predecessor-in-title of such successor or assign.
"The Glen at Grandview Property" shall mean the entirety of the real property described on Exhibit A hereto attached and made a part hereof.
"First Mortgage" shall mean a Mortgage conveying a first priority lien upon or security title to any Lot.
"HUD" shall mean the United States Department of Housing and Urban Development.
"Lot" shall mean each portion of The Glen at Grandview which has been subdivided for use as an individual building lot and which is subjected to the terms, provisions, liens, charges, easements, covenants and restrictions of this Declaration applicable to Lots either by the recording of this Declaration or by the recording of a supplemental declaration pursuant to the provisions of Section II of Article I hereof.
"Mortgage" shall mean a mortgage, deed to secure debt, deed of trust, or other instrument conveying a lien upon or security title to the property.
"Person" shall mean a natural person, corporation, trust, partnership or any other legal entity.
"Subdivision Plat" shall mean, collectively that certain Final Plat for the Grandview Unit II, Phase 1, prepared by Precision Planning, Inc., dated August 8, 1999, recorded in Plat Book 82, Page 121, in Gwinnett County, Georgia Records, and shall include any and all other plats of survey which shall be recorded pursuant to the provisions of Article II, Section 2 of this Declaration for the purpose of subjecting additional portions of The Glen at Grandview to this Declaration as Lots.
"VA" shall mean the United States Department of Veterans Affairs.
Section 1. LOTS HEREBY SUBJECTED TO THIS DECLARATION. The Declarant, for itself and its successors and assigns, does hereby covenant that the following described property be, and the same hereby is, subjected to this Declaration as Lots: Lot Nos. 2B through 15B, inclusive, 20B through 23B, inclusive, 27B through 36B, inclusive, 83B through 87B, inclusive, and 90B through 99B, inclusive, as shown and depicted on the Subdivision Plat.
The Declarant, for itself, its successors and assigns, hereby further covenants that the above-described property shall hereafter be held, transferred, sold, conveyed, used, leased, occupied, mortgaged or otherwise encumbered subject to all terms, provisions, liens, charges, easements, covenants and restrictions set forth in this Declaration as applicable to the Lots, including, but not limited to, the lien provisions set forth in Article V hereof. All of the terms, provisions, liens, charges, easements, covenants and restrictions set forth in this Declaration as applicable to the Lots shall be a permanent charge thereon, and shall run with the Lots.
Section 2. ADDITIONAL LOTS HEREAFTER SUBJECTED TO THIS DECLARATION. The Declarant may, at any time, and from time to time, prior to December 31, 2007, subject additional portions of The Glen at Grandview Property to the terms, liens, charges, easements, covenants and restrictions of this Declaration applicable to Lots by:
(a) executing and recording in the Deed Records of Gwinnett County, Georgia, a supplemental declaration to this Declaration describing such additional Lots and stating that this Declaration is thereby extended to, and shall thereafter apply to, such additional Lots; and
(b) recording in the Plat Book Records of Gwinnett County, Georgia, a plat of survey showing and depicting the additional Lots being thereby subjected to this Declaration.
From and after the subjecting of such additional Lots to this Declaration, such additional Lots shall thereafter be held, transferred, sold, conveyed, used, leased, occupied, mortgaged or otherwise encumbered subject to all of the terms, provisions, liens, charges, easements, covenants and restrictions of this Declaration applicable to Lots, including, without limitation, all lien and assessment provisions set forth in this Declaration; from and after the subjecting of such additional Lots to this Declaration, all of the terms, provisions, liens, charges, easements, covenants and restrictions set forth in this Declaration as applicable to Lots shall be a permanent charge thereon, and shall run with, such additional Lots.
No approval from any member of the Association, or from anyone else whomsoever, shall be required for the Declarant to subject any portion of The Glen at Grandview to this Declaration as additional Lots.
Section 3. NO EFFECT ON BALANCE OF THE ENCLAVE AT GRANDVIEW. Notwithstanding anything contained in this Declaration which may be constructed to the contrary, this Declaration does not create any charge, lien, encumbrance, restriction, or limitation on any portion of The Glen at Grandview Property other than the Lots described in Section 1 of this Article II, unless and until any additional portion of The Glen at Grandview Property is subjected to this Declaration as Lots or Association Property in the manner set forth, respectively, in Section 2 of this Article II or in Section 1 of Article III, and then, only from that time forward.
Section 4. ALL LOTS BEAR THE BURDENS AND ENJOY THE BENEFITS OF THIS DECLARATION. Every person who is a record owner of a fee or undivided fee interest in any Lot does, by acceptance of a deed or other conveyance thereto, and by acceptance of such ownership, and by taking record title to such Lot, agree to all of the terms and provisions of this Declaration. Each of the Lots is subject to all the burdens, and enjoys all the benefits, made applicable hereunder.
Section 5. EASEMENTS OVER THE LOTS. The Lots shall be subjected to, and the Declarant does hereby grant to the appropriate grantees thereof, the following easements:
(a) Each Lot shall be subject to all easements which are shown and depicted on the Subdivision Plat as affecting and burdening such Lot;
(b) Each Lot shall be subject to an easement for slope control purposes, including the right to grade and plant slopes and prevent the doing of any activity that might interfere with slopes or which might create erosion or sliding problems or which might change, obstruct or retard drainage flow; and
(c) Each Lot shall be subject to an easement for the entry by the authorized agents and representatives of the Association to go upon such Lot under the circumstances, and for the purposes described in Article VIII of this Declaration.
Section 1. ASSOCIATION PROPERTY. The Declarant shall have the right to transfer and convey to the Association any portion of The Glen at Grandview Property. The Declarant shall have no obligation to develop any portion of The Glen at Grandview Property as Association Property; provided, however, that the Declarant shall transfer and convey to the Association all parcels of real property that shall be designated as Association Property on any Subdivision Plat. All portions of The Glen at Grandview Property which the Declarant shall so transfer or convey to the Association shall thereafter constitute Association Property. Said right may be exercised by the Declarant any time and from time to time, prior to December 31, 2007.
All portions of The Glen at Grandview Property which shall be transferred to the Association by the Declarant (a) shall be conveyed to the Association by limited warranty deed free of debt encumbrance, and (b) shall be conveyed to the Association subject to the rights and easements set forth in Section 2 and 3 of this Article III, irrespective of whether the deed of conveyance shall make a specific reference to such rights and easements.
By joining in the execution of this Declaration, the Association does hereby covenant and agree to accept all conveyances of the Association Property which may be made to it pursuant to, and in accordance with, the terms and provisions of this Section 1.
Section 2. MEMBERS' RIGHTS IN ASSOCIATION PROPERTY. Every owner of any Lot and every owner of any Adjacent Lot provided such owner of any Adjacent Lot pays the Annual Assessment, shall have a non-exclusive right and easement of enjoyment and use in and to the Association Property and such right and easement shall be appurtenant to, and shall pass with, the title to the Lot (s) and the Adjacent Lots owned by such owner. Provided however, the owner of any such adjacent Lot shall not be a member of the Association for any purpose by the grant of the above easement. Such right and easement of enjoyment and use are and shall be subject to the easements which are described in Section 3 of this Article III and to the right of the Association to promulgate reasonable rules and regulations regarding the use of Association Property, and the right of the Association, as provided in the Bylaws, to suspend the enjoyment rights of the owner of any Lot or any Adjacent Lot during any period in which any assessment which is due to the Association from such owner of a Lot or Adjacent Lot remains unpaid, and such period as the Board of Directors may consider appropriate for any infraction of its published rules and regulations. In the event that any Adjacent Lot is divided into two or more tracts, the easement right to use and enjoy the Association Property granted in this Section 2 shall automatically terminate and be of no further force or effect. In addition, the Board of Directors may permit other persons who are not residents of any Lots to use the Association Property upon such terms and conditions, and for the payment of such fees, as shall be determined by the Board of Directors.
Section 3. EASEMENTS OVER ASSOCIATION PROPERTY. All Association Property shall be subject to, and Declarant and the Association do hereby grant, the following easements:
(a) An easement across, in, under, over and through the Association Property for the purposes of the construction, installation, repair, maintenance and use of all utility and drainage facilities as exist on the date of this Declaration; and
(b) An easement in favor of Declarant for the exclusive use of such portions of the Association Property as may be reasonably desirable, convenient or incidental to the construction and installation of improvements on, and the sale of, any Lots, including, but not limited to, sales and business offices, storage areas, construction yards and signs. Such easements shall be excisable by any and all persons whom the Declarant shall authorize to exercise the same, including, without limitation, real estate sales agents and brokers and builders of residences upon the Lots, irrespective of whether such persons are affiliated with the Declarant. Such easements shall exist notwithstanding any provision of this Declaration which might be construed to the contrary, but shall terminate at such time as the construction on the Lots of residential buildings has been completed and all of the Lots shall have been conveyed to owners thereof who shall not have acquired the Lots for the purpose of immediate resale of the same. Such easements shall and do exist without affecting the obligation of the owner of any Lot to pay assessments or charges coming due during such period of time as portions of the Association Property shall be used by authorized persons pursuant to the exercise of the easements herein stated.
Section 4. DAMAGE OR DESTRUCTION. In the event that any improvements located on any Association Property shall be damaged or destroyed on account of the occurrence of any casualty, the Board of Directors shall proceed with the filing and settlement of all claims arising under any policy of insurance maintained by the Association with respect to such improvements and shall obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed improvements.
Any such damage or destruction shall be repaired or reconstructed unless it shall be decided, within ninety (90) days after the occurrence of the casualty, by a majority of the total vote of all then existing classes of membership of the Association, and by the holders of sixty-seven (67%) of the First Mortgages existing in regard to the Lots, not to so repair or reconstruct such damage. In the event that it shall be so decided not to repair or reconstruct any such damage or deconstruction, the proceeds of any insurance as may become payable to the Association as a result of such damage or destruction shall be applied to such purposes as may be determined by the Board of Directors.
Section 5. TRANSFER OR ENCUMBRANCE. In no event shall the Association abandon, encumber, sell or transfer, directly or indirectly, any portion of the Association Property unless such abandonment, encumbrance, sale or transfer shall be first approved in writing by: (a) the owners of no fewer than sixty-seven percent (67%) of the Lots, and (b) the holders of no fewer than sixty-seven percent (67%) of the First Mortgages existing in regard to the Lots; and (c) until such time as the Class B membership shall terminate (as provided for in Article IV, Section 3 of this Declaration.)
Section 1. THE ASSOCIATION. Prior to the date this Declaration has been filed for record with the Clerk of the Superior Court of Gwinnett County, Georgia, the Declarant has caused the Association to be formed, and the Association does now exist, under its Articles of Incorporation and Bylaws.
The Association is and shall be responsible for the ownership, management and operation of the Association Property, the enforcement of the covenants and restrictions set forth in this Declaration, and the performance of such other duties and services as the Board of Directors shall deem to be in the best interests of the members of the Association.
Section 2. MEMBERSHIP. Every person who is, or who becomes, a record owner of a fee or undivided fee interest in any Lot is and shall be a member of the Association; provided, however, that any such person who holds such interest merely as security for the performance of an obligation shall not be a member of the Association. The transfer of ownership of a fee or undivided fee interest in any Lot shall automatically transfer membership in the Association, and in no event shall such membership be severed from the ownership of such Lot.
Section 3. CLASSES OF MEMBERSHIP; VOTING RIGHTS. The Association shall have two classes of voting membership: Class A and Class B.
(a) Class A. The Class A members shall be all those persons holding an interest required for membership in the Association, as specified in Section 2 of this Article IV, except for those persons who are Class B members. The Class A members shall be entitled to full voting privileges on the earlier of the following dates to occur: (i) the date which the Declarant may so designate by notice in a writing delivered to the Association, or (ii) the date on which seventy-five percent (75%) of the Lots shall be no longer owned by the Declarant; or (iii) December 31, 2007. Before the earlier of these dated to occur, the Class A members shall be entitled to vote only on (a) any proposal of merger, consolidation or dissolution of the Association; (b) any proposal to transfer or encumber any portion of the Association Property; (c) any proposal pursuant to Article IX of this Declaration to amend this Declaration; and (d) any other matter for which it is herein specifically provided, or for which it is provided by law, that approval of each and every class of membership of the Association is required.
(b) Class B. The Declarant shall be the sole Class B member. Class B membership shall be a full voting membership and, during its existence, the Class B member shall be entitled to vote on all matters and in all events. At such time as the Class A members shall be entitled to full voting privileges, as provided in paragraph (a) hereof, the Class B membership shall automatically terminate and cease to exist, and the Class B member shall be and become a Class A member insofar as it may then hold any interest required for membership by Section 2 of this Article IV.
From and after the date at which the Class B membership automatically terminates and ceases to exist, such membership shall not be renewed or reinstated.
Section 4. SUSPENSION OF MEMBERSHIP RIGHTS. The membership rights of any member of the Association, including the right to vote and to use the Association Property, may be suspended by the Board of Directors pursuant to the authority granted in the Bylaws. Any such suspension shall not affect such member's obligation to pay assessments coming due during the period of such suspension and shall not affect the permanent charge and lien on the member's property in favor of the Association.
Section 5. MEETINGS OF THE MEMBERSHIP. All matters concerning the meetings of members of the Association, including the time at which and the manner in which notice of any said meeting shall be given to members, the quorum required for the transaction of business at any meeting, and the vote required on any matter, shall be as specified in the Act, this Declaration, or in the Articles of Incorporation or the Bylaws, or by law.
Section 6. ASSOCIATION ACTS THROUGH ITS BOARD OF DIRECTORS. Whenever approval of, or action or inaction by, the Association is referred to or called for in this Declaration, such action, inaction or approval shall be by the Board of Directors of the Association, unless it is specifically stated in this Declaration, the Articles of Incorporation or the Bylaws with respect to such action, inaction or approval that the members of the Association must vote. No member of the Board of Directors of the Association or any officer of the Association (including, without limitation, any such individual who shall have been elected by a vote of the Class B member) shall be personally liable to any owner of any Lot for any mistake of judgment or for any other act or omission of any nature whatsoever, except for any acts or omissions found by a court of competent jurisdiction to constitute gross negligence or fraud.
Section 7. PROFESSIONAL MANAGEMENT. The Association may, but shall not be obligated to, obtain and pay for the services of any person or other entity to manage the affairs of the Association, or any part thereof, and may enter into such agreements for the management of the Association Property as the Board of Directors deems to be in the best interests of the Association.
Section 1. ASSESSMENTS; LIEN THEREFORE. Each person other than the Declarant who shall own a Lot, by acceptance of a deed or other conveyance thereto, and by the acceptance of such ownership, and by taking record title thereto, shall be deemed to covenant and agree to pay to the Association all assessments and charges which are levied by the Association against the Lot(s) owned by such person in accordance with the terms and provisions of this Declaration. Any owner of a Adjacent Lot who desires to exercise the easement right for the use and enjoyment of the Association Property granted in Article III, Section 2, may do so by paying all assessments and charges which are levied by the Association in the same manner as the assessments levied against the Lots. In the event any owner of an Adjacent Lot fails to pay the assessment and charges on the due date for the upcoming year, such owner shall forfeit the easement rights provided in Article III, Section 2 from that date forward, and such easement right to use the Association Property shall terminate automatically and be of no further force or effect, and shall in on event be reinstated.
All sums lawfully assessed by the Association against any Lot and the owner thereof, shall, from the time the sums became due and payable, be the personal obligation of the owner of such Lot and constitute a lien in favor of the Association on such Lot prior and superior to all other liens, whatsoever, except:
(a) liens for ad valorem taxes on the Lot;
(b) the lien of any First Mortgage or the lien of any prior Mortgage recorded in the Deed Records of Gwinnett County, Georgia prior to the recording of this Declaration; or
(c) the lien of any secondary purchase money Mortgage covering the Lot, provided that neither the grantee nor any successor grantee on the Mortgage is the seller of the Lot.
Section 2. PERSONAL OBLIGATION OF MEMBERS. Each member of the Association other than the Declarant, by acceptance of a deed or other conveyance to the Lot(s) owned by such member, irrespective of whether it shall be so expressed in any such deed or other conveyance, and by acceptance of ownership of such Lot(s) and by taking record title to such Lot(s), shall be deemed to covenant and agree to pay the Association:
(a) His share of the Annual Assessments which shall be levied by the Association in accordance with Section 4 hereof; and
(b) When properly authorized in accordance with Section 5 hereof, special assessments, such annual and special assessments to be fixed, established and collected from time to time as hereinafter provided.
All such assessments, together with interest thereon and costs of collection thereof, as hereinafter provided, shall be the personal obligation of the person who is the owner of the Lot against which such assessments are levied at the time such assessments become due and payable. The covenant to pay assessments herein stated is and shall be a covenant running with the land.
Section 3. PURPOSES OF ASSESSMENTS. The assessments levied by the Association pursuant to this Article V shall be used to pay the costs and expenses which the Association shall incur in connection with the performance of its duties and responsibilities pursuant to the Act, this Declaration, the Articles of Incorporation and the Bylaws (such costs and expenses being herein referred to as the "Annual Expenses"). Without limiting the generality of the foregoing, the Annual Expenses shall include the costs of : repair and maintenance of all Association Property; payment of all governmental charges, taxes and assessments which shall be levied against all Association Property; payment of all costs and expenses incurred by the Association in connection with its operations, including, without limitation, the payment of electricity charges for all lighting located on The Glen at Grandview Property which does not serve a particular Lot; payment of the premiums for all policies of property and liability insurance maintained by the Association with respect to Association Property; payment of the premiums for all fidelity bonds which shall be obtained by the Association; the maintenance of reserves for the repair and replacement of improvements located on the Association Property and for such other purposes as the Board of Directors shall determine; the payment of the fees of such management firms as the Board of Directors shall employ; and payment of the fees for the provision of such professional services as the Board of Directors shall determine to be required by the Association, including legal, accounting and architectural services.
Section 4. DETERMINATION OF ANNUAL ASSESSMENT. Prior to the commencement of each fiscal year of the Association (said fiscal year being specified in the Bylaws), the Board of Directors shall estimate the total amount of the Annual Expenses which are anticipated to be incurred by the Association during such fiscal year and shall determine the amount which will be deposited during such fiscal year into reserve funds maintained by the Association. The Board of Directors shall thereupon adopt a budget for the Association's expenditures and reserve fundings based upon such estimate and providing for the total annual assessment to be levied against the members of the Association for such fiscal year (the total assessment which shall be so determined and levied against all of the members of the Association for any fiscal year is herein referred to as the "Annual Assessment"). The amounts so determined by the Board of Directors shall be levied against all of the members of the Association other than the Declarant and all Lots not owned by the Declarant. The amount of the Annual Assessment levied against each Lot shall be the same as the amount levied against every other Lot. Each Lot not owned by the Declarant shall be liable for that share of every Annual Assessment which is so determined by the Board of Directors. The Board of Directors shall send a copy of the budget so adopted by it, together with a written notice of the amount of the Annual Assessment so determined for such fiscal year and the amount of such Annual Assessment which shall be levied against each Lot, to the owner of every Lot prior to the commencement of the fiscal year during which such Annual Assessments is to be paid. The amount of such Annual Assessment which shall be levied against each lot shall be due and payable to the Association in such installments the Board of Directors shall determine, and after notice of the same shall have been given to all members of the Association by the Board of Directors, and shall be paid to the Association when due without further notice.
Section 5. SPECIAL ASSESSMENTS. If, for any reason, including non-payment of any assessments to the Association by the persons liable therefore, the budget adopted by the Board of Directors for any fiscal year shall prove to be inadequate to defray the Annual Expenses for such fiscal year, or of the Board of Directors shall determine that it is in the best interests of the Association to levy by a special assessment to pay to costs of any capital improvements or capital repairs, the Board of Directors shall have the authority to levy a special assessment against the Lots and the owners thereof (other than the Declarant) to raise such needed funds. Any special assessment levied by the Board of Directors pursuant to the provisions of this Section 5 shall be payable at such times and such installments as the Board of Directors shall determine. Each Lot not owned by the Declarant shall be liable for the payment of an equal share of every special assessment which shall be levied by the Association pursuant to the provisions of this Section 5.
Section 6. LOTS OWNED BY DECLARANT. Notwithstanding any term or provision of this Declaration which may be construed to the contrary, no Lot owned by the Declarant shall be subject to any assessment provided for in this Article V. Rather, all Lots owned by the Declarant shall be exempt from the payment of all assessments for so long as such Lots are owned by the Declarant.
Section 7. EFFECT OF NON-PAYMENT OF ASSESSMENTS; REMEDIES OF THE ASSOCIATION.
(a) In the event that any member of the Association shall fail to pay, within ten (10) days after the date the same is due and payable, any annual or special assessment, or any installment of any annual or special assessment which is payable by him to the Association, the entire amount of such assessment, including the portion thereof which would otherwise be payable in installments, may be declared by the Board of Directors to be immediately due and payable in full to the Association. All such amounts so declared by the Board of Directors to be due and payable in full to the Association shall be secured by the lien of the Association on every Lot owned by the delinquent member, which lien shall bind such Lot or Lots in the hands of the then owner, and his heirs, devisees, successors and assigns.
(b) All amounts which the Board of Directors shall declare to be due and payable pursuant to this Section 7 shall bear interest from the date of delinquency at the lower of the rate of ten (10%) percent per annum or the highest rate permitted by law, and the Association may bring legal action against the member of the Association personally obligated to pay the same, or foreclose its lien upon the Lot or Lots of such member, in either of which events such member shall also be liable to the Association for all costs and attorneys' fees which the Association shall incur in connection with the collection of such delinquent amounts.
Section 1. ARCHITECTURAL RESTRICTIONS.
(a) No building shall be constructed on any Lots unless such building's finished floor elevation is one foot above the flood plane and one foot above the low point in the road.
(b) No building shall be constructed on any Lot unless such building contains at least two-thousand two hundred (2200) square feet of interior, heated space.
(c) No building shall be constructed on any Lot unless such building contains a garage door which will totally conceal the opening to such garage.
(d) Only one (1) building may be constructed on any Lot.
(e) No building containing more than two (2) stories in addition to a basement which is located at least partially below ground level shall be constructed on any Lot.
(f) No structure other than a fence shall be constructed, placed or installed upon any Lot, in a location which encroaches beyond any front, side or rear building set-back line which is depicted on the Subdivision Plat. No fence shall be constructed or erected upon any Lot in any location other than entirely in the rear of the building which is located on such Lot.
Section 2. COMBINATION OF LOTS. The owner of any two or more contiguous Lots shall have the right to cause such Lots to be combined together by furnishing the Board of Directors with a notice of his intent to do so. Upon receipt by the Board of Directors of any such notice, the Lot created by such combination shall thereafter be deemed to be a single Lot for all purposes of this Declaration, except as hereinafter provided. Notwithstanding the foregoing, the amount of assessments for which single Lot shall be thereafter liable pursuant to the provisions of Article V of this Declaration shall be equal to the total assessments for which all of the Lots which were so combined would have been liable had such combination not taken place.
Section 3. ARCHITECTURAL CONTROL.
(a) No building, fence, wall, garage, patio, carport, playhouse, swimming pool, mail-box or other structure shall be commenced, erected or maintained upon any Lot, nor shall any exterior addition to, change in (including, without limitation, any change in the type of roofing material or in the color of the paint, stain or varnish), or alteration of, any of such structures be mad until complete and final plans and specifications, setting forth the information hereinafter described, shall have been submitted to, and approved in writing by, the Board of Directors as to the harmony of the exterior design and general quality with the existing standards of the improvements located on the other Lots, and as to location in relation to surrounding structures and topography. In the event the Board of Directors fails to approve or disapprove such design and location within thirty (30) days after said plan and specifications have been submitted to it, approval will not be required, and this Section 3 of Article VI will be deemed to have been fully complied with.
(b) The plans and specifications which must be submitted to the Board of Directors prior to the commencement of any structure upon any Lot, as hereinabove provided, shall contain at least the following information:
(i) A site plan showing the shape and size of the proposed structure and its location on the Lot on which the same is proposed to be constructed; and
(ii) Building plans of the proposed structure which shall include an exterior drawing of the proposed structure; and
(iii) In the case of any fence proposed to be erected on any Lot, a site plan showing the location of the proposed fence and a statement of which the "Approved Fence Details" (as that term is defined in paragraph (c) hereinbelow) said proposed fence shall conform to.
(c) It shall be the duty of the Board of Directors to maintain in effect a series of standardized designs of fences that may be erected upon any Lot. Said standardized fence designs which shall be so maintained by the Board of Directors are hereinafter referred to as the "Approved Fence Details". The Board of Directors may modify at any time, and from time to time, as the Board of Directors believes to be in the best interests of the owners of the Lots. The Board of Directors shall furnish the owner of any Lot with a copy if the then existing Approved Fence Details upon such Lot owner's request.
In no event shall any fence be erected on any Lot unless the design of such fence shall conform to the then existing Approved Fence Details.
(d) The Association shall upon demand at any time, furnish to any member of the Association a certificate in writing signed by an officer of the Association, stating that any building, fence, wall, garage, patio, carport, playhouse, swimming pool, mail-box or other structure erected upon such owner's Lot, or any exterior addition to, change in, or alteration of any structure owned by such member on a Lot, is in compliance with the provisions of this Section 3 of Article VI, and such certificate shall be conclusive as to whether the same is in such compliance.
(e) In the event that any construction or alteration work is undertaken or performed upon any Lot without application having been first made and approval obtained as provided in paragraph (a) of this Section 3, said construction or alteration work shall be deemed to be in violation of this covenant, and the person upon whose Lot said construction or alteration work was undertaken or performed may be required to restore to its original condition, at his sole expense, the property upon which said construction or alteration was undertaken or performed. Upon the failure or refusal of any person to restore the restoration required herein, the Board of Directors, or their authorized agents or employees, may, after fourteen (14) days' notice to such person, enter upon the property upon which such unauthorized construction or alteration work has been performed, and make such restoration as the Board of Directors, in the exercise of its discretion, may deem necessary or advisable. The person upon whose Lot such restoration work shall have been so performed shall be personally liable to the Association for all direct and indirect costs which the Association shall incur in the performance of such restoration work, and the liability for such costs shall be secured by all the liens, and shall be subject to the same means of collection, as the assessments provided for in Article V of this Declaration, or at such earlier time, and in such installments, as the Board of Directors shall determine.
Section 4. DECLARANT EXEMPTION. Notwithstanding anything stated to the contrary herein, nothing contained in this Article VI shall be construed as prohibiting any construction by the Declarant upon any Lot while such Lot is owned by the Declarant, provided, however, that such construction is in compliance with the requirements specified in Article VI, Section 1 of this Declaration. Any new construction performed by the Declarant upon any Lot while such Lot is owned by the Declarant shall be exempt from the provisions of Section 3 of this Article VI.
Section 5. ARCHITECTURAL ADVISORY COMMITTEE. The Board of Directors shall be authorized to appoint an architectural advisory committee to advise it and assist it in connection with its performance of its responsibilities under Section 3 of this Article VI. The functions which may be performed by any such architectural advisory committee shall include reviewing plans and specifications which are submitted to the Board of Directors in connection with proposals to construct or alter improvements upon the Lots and to make recommendations to the Board of Directors with respect to such plans and specifications.
In order to provide for the maximum enjoyment of the Lots by all of the residents thereof and to provide for the value of the same, the use of the Lots shall be restricted to, and shall be only in accordance with, the following provisions:
Section 1. SINGLE-FAMILY USE. All of the Lots shall be restricted exclusively to single-family residential use. The term "single family" shall include one or more related or unrelated adults, as well as the children of any such adults. No Lot shall at any time be used for any commercial, business or professional purpose. Notwithstanding the foregoing, however, nothing set forth in this Section 1 shall prohibit: (a) the Declarant from conducting such sales, leasing and promotional activities on any Lot as said Declarant shall determine; or (b) the owner of any Lot from using a portion of a building located on such Lot as an office, provided that such use does not create regular customer or client traffic to and from such Lot and no sign, logo, symbol or nameplate identifying such business is displayed anywhere on such Lot.
Section 2. PROHIBITED ACTIVITIES. No noxious or offensive activity shall be conducted on any Lot. Each owner of any Lot, his family, tenants, guests and invitees, shall refrain from any act or use of his property which could reasonably cause embarrassment, discomfort, annoyance or nuisance to any other resident or residents of any other Lot.
Section 3. NUISANCES. No nuisance shall be permitted to exist upon any Lot. Without limiting the generality of the foregoing, no exterior speakers, horns, whistles, bells or other sound devices, except security devices used exclusively for security purposes, shall be located, used or placed on any Lot, or any portion thereof.
Section 4. TRASH; ANIMALS. No portion of any Lot shall be used as a dumping ground for rubbish, trash or garbage, nor shall any trash or garbage be permitted to accumulate upon any Lot. Garbage containers shall be buried or screened on each Lot so that the same shall not be visible from the street or from any part of any other Lot.
No Lot shall be used for the keeping or breeding of livestock animals or poultry of any kind, except that a reasonable number of household pets may be kept, provided that they are neither kept for breeding nor maintained for any commercial purpose, and provided that none of such pets are permitted to be a source of annoyance to any other resident or residents of any other Lot.
Section 5. SIGNS. No sign of any kind or character shall be erected on any portion of any Lot, or displayed to the public on any portion of any Lot, without the prior written consent of the Board of Directors, except for the customary name and address signs and one "for sale" sign advertising a Lot for sale. The restriction herein stated shall include the prohibition of placement of any sign within a building located on any Lot in a location from which the same shall be visible from the outside and the placement of any sign in or upon any motor vehicle.
Section 6. ANTENNAS; AERIALS; SATELLITE DISHES. No antennas, aerials, satellite dishes or other reception devices having a diameter or diagonal measurement greater than one meter shall be installed on any Lot. So long as reception of an acceptable quality is not precluded, the antenna, aerial, satellite dish or other reception device of appropriate size shall be located only on that portion of the Lot which is the least visible from public view and shielded so as to minimize any risk and to ensure a nuisance is not created.
Section 7. CLOTHESLINES. No clothesline shall be erected on any portion of any Lot.
Section 8. WINDOW AIR-CONDITIONERS. No air conditioner shall be installed in any window of any building located on any Lot, nor shall any air-conditioner be installed on any building located on any Lot so that the same protrudes through any exterior wall of such building.
Section 9. TEMPORARY STRUCTURES. Subject to the right of the Declarant to promote the sale of Lots, no structure of a temporary character, including, without limitation, any trailer, tent, shack, garage or other building, shall be permitted on any Lot at any time, whether temporarily or permanently, except with the prior written consent of the Board of Directors; provided, however, that temporary structures may be erected or placed upon a Lot for use in connection with the repair or construction of structures upon such Lot.
Section 10. VEHICLES; TRAILERS; BOATS; AUTOMOBILES. No boat, trailer, boat trailer, camper, truck or utility trailer shall be permitted to be stored or repaired upon any Lot unless the same is entirely confined within a garage located on such Lot and the door of such garage is kept in a closed position. No automobile may be parked upon any Lot unless the same is parked on a pavement area located on such Lot for such purpose, and the same is in operating condition and has affixed thereto a then current license tag and, if applicable, operating sticker.
Section 11. SUBDIVISION OF LOTS. No Lot may be further subdivided into any smaller Lot.
Section 12. ENFORCEMENT BY MEMBERS. In the event that the owner of any Lot, or any person who is entitled to occupy any Lot, shall fail to comply with or abide by any restriction set forth in this Article VII, then the owner of any other Lot who is aggrieved by such failure of compliance or abidance shall have the right to proceed at law or in equity to compel such owner or such occupant to comply therewith and abide thereby. Additionally, any owner of any Lot who, or whose lessee, shall fail to comply with or abide by any such restriction shall be liable for any damages as may be suffered by any other owner of any Lot as a consequence of such failure.
The owner of each Lot shall be obligated to keep and maintain all portions of his Lot and the portion of the right-of-way on which his Lot is located lying between his Lot and the pavement of the road within such right-of-way in a neat, sanitary and attractive condition which is satisfactory to the Board of Directors. In the event that the owner of any Lot shall fail to maintain all portions of such Lot and the aforesaid portion of the right-of-way in a condition which is satisfactory to the Board of Directors, the Board of Directors shall have the right, exercisable by it or through its agents or employees, and after giving to the owner of such Lot at least fourteen (14) days' notice and any opportunity to correct the unsatisfactory condition, to enter upon such Lot and such portion of such right-of-way and correct the unsatisfactory condition, including, without limitation, cutting the grass, weeds, and other vegetation, and removing dead trees, shrubs and other plants. The owner of the Lot upon which, or upon the right-of-way adjoining which, such maintenance work is performed by the Association (or its agents or employees) shall be personally liable to the Association for all direct and indirect costs as may be incurred by the Association in connection with the performance of such maintenance work, and the liability of such costs shall be secured by all charges provided in Article V of this Declaration. In addition, all such costs shall be paid to the Association by such owner at the same time as the next due Annual Assessment payment, as provided in Section 4 of Article V of this Declaration, or at such earlier time, and in such installments, as the Board of Directors shall determine.
The terms, provisions, covenants and restrictions of this Declaration may be amended upon the approval of such amendment by (a) those members of the Association who own in the aggregate, no-fewer than sixty-seven percent (67%) of the Lots not owned by the Declarant, (b) the Declarant, if the Declarant shall then own any Lot or any other portion of The Glen at Grandview Property; and (c) HUD and VA, if the Class B membership has not terminated as provided in Article IV, Section 3 of this Declaration. The approval of any such amendment by the members of the Association shall be given by each such member either casting a vote in favor of such amendment at a meeting of the members of the Association duly called for such purpose, or by such member signing a written approval of such amendment after the date on which such meeting was held, notwithstanding anything set forth to the contrary in the Articles of Incorporation or Bylaws. If any such amendment is required to be approved by the Declarant and/or HUD and VA, such approval shall be given only by such Person executing a written approval of the same.
Any amendment to the terms, provisions, covenants or restrictions of this Declaration shall become effective only upon the recording in the Deed Records of Gwinnett County, Georgia, of an instrument certified by the incumbent Secretary of the Association setting forth such amendment and stating that the approval of the members of the Association which, under the provisions of this Article IX, is required for such amendment to be effective, has been given and obtained; and (c) containing the written approval of the Declarant and/or HUD and VA, if the same is required (as hereinafter provided).
The matters set forth in such instrument shall be presumed to be true and accurate and the amendment which is set forth in such instrument shall be effective, unless it shall be determined by a court of competent jurisdiction that the matters certified to in such instrument are not true and accurate.
Each person who shall own any Lot, by acceptance of a deed or other conveyance thereto, and by acceptance of such ownership, and by taking record title thereto, and each bolder of a Mortgage upon any portion of any Lot, by acceptance of such Mortgage, thereby agrees that the terms, provisions, covenants and restrictions of this Declaration may be amended as provided in this Article IX.
Section 1. FAILURE OF ENFORCEMENT. In the event that the Association shall fail to enforce the compliance with any of the provisions of this Declaration by the owner of any Lot, then the owner of any other Lot shall have the right to file an action in the Superior Court of Gwinnett County, Georgia for an order from such Court requiring that the Association enforce such compliance; provided, however, in no event shall the Board of Directors, or any officer of the Association, or any of their agents, be personally liable to anyone on account of their failure to enforce any of the terms, provisions or restrictions set forth in this Declaration.
Section 2. WAIVERS. In no event shall the failure by the Association to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, provisions or agreements set forth in this Declaration be construed as a waiver or relinquishment of the future enforcement of any such term, covenant, condition, provision, or agreements The acceptance of performance of anything required to be performed with knowledge of the breach of a term, covenant, condition, provision or agreement shall not be deemed a waiver of such breach, and no waiver by the Association of any term, covenant, condition, provision or agreement shall be deemed to have been made unless expressed in writing and signed by a duly authorized officer of the Association.
Section 3. DURATION. This Declaration, and all of the terms, easements, provisions, liens, charges, restrictions and covenants set forth herein, shall run with and bind the land (the Lots), shall be and shall remain in effect, and shall inure to the benefit of, and be enforceable by, the Association, and by any owner of any Lot, their respective legal representatives, heirs, successors and assigns, perpetually.
Section 4. NOTICES. Any notice required to be sent to any member of the Association pursuant to any provision of this Declaration may be served by depositing such notice in the mails, postage prepaid, addressed to the member to whom it is intended, at the address which such member shall have furnished to the Secretary of the Association in accordance with the Bylaws, or, in the absence of any such address having been so furnished to the Secretary of the Association, at the address of any Lot owned by such member. The date of service shall be the date of mailing.
Section 5. SEVERABILITY. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if any provision of this Declaration or the application thereof to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable.
Section 6. ENFORCEMENT. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons or other entities violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the Lots, to enforce any liens created by this Declaration.
Section 7. SUCCESSORS TO DECLARANT. In no event shall any person or other entity succeeding to the interest of the Declarant by operation of law or through purchase of the Declarants interest in all or any portion of The Glen at Grandview Property at foreclosure, sale under power or by deed in lieu of foreclosure, be liable for any act, omission or matter occurring, or arising from any act, omission or matter occurring, prior to the date such successor succeeded to the interest of the Declarant.