Home Coca Lake News ACC Annual Report Compliance Pool Regulations Lake Regulations Tennis Court Rules Board Minutes Covenants By-Laws

 

Coca Lake Covenants

DECLARATION

OF

COVENANTS, CONDITIONS AND RESTRICTIONS

FOR

COCA LAKE

 

Charles H. Ford, Jr.

Sprouse, Tucker & Ford, P.C.

1025 First Avenue

Columbus, Georgia 31901

 

 

 

 

GEORGIA HARRIS COUNTY

FILED IN OFFICE: 02-18-88

TIME: 8:15 A.M.

RECORDED IN OFFICE: 2-18-88

REBECCA B. WYNN, CLERK

This copy if not for official use. It is only for the purpose of convenience and not to be relied upon for a finalopinion - June 13, 2002

 

 

 

TABLE OF CONTENTS

ARTICLE SECTION SUBJECT PAGE

I DEFINITIONS

1 Definitions 2

II PROPERTY SUBJECT TO THIS DECLARATION:

ADDITIONS THERETO

1 Property Hereby Subjected to this

Declaration 5

2 Additions to the Properties 5

3 Additional Owners to Become Members 8

4 Mergers 8

III MEMBERSHIP AND VOTING RIGHTS IN THE

ASSOCIATION

1 Membership 8

2 Voting Rights 9

IV PROPERTY RIGHTS IN THE ASSOCIATION PROPERTIES

1 Easements of Enjoyment 10

2 Title to Association Properties 10

3 Extent of Easements 10

V ASSESSMENTS

1 Creation of the Lien and Personal Obligation

Of Assessments 13

2 Purpose of Assessments 13

3 Annual Assessments 14

4 Special Assessments for Capital Improvements 16

 

5 Quorum for Any Action Authorized Under

Section 3 and 4 16

 

 

 

 

ARTICLE SECTION SUBJECT PAGE

6 Rate of Assessment 17

7 Date of Commencement of Annual Assessments:

Due Dates 17

8 Effect of Non-Payment of Assessments: The

Personal Obligation of the Owner; The Lien;

Remedies of The Association 18

9 Subordination of the Charges and Liens to Mortgages 20

10 Exempt Property 21

VI ADMINISTRATION 21

1 Responsibility for Administration 21

2 Management Agreements 22

3 Limitation of Liability; Indemnification 22

VII INSURANCE AND CASUALTY LOSSES

1 Insurance 23

2 Damage and Destruction 24

VIII ARCHITECTURAL CONTROL

1 Construction; Review and Approval 25

2 Initial Improvements 26

IX EXTERIOR MAINTENANCE

1 Association Properties 26

2 Other Properties

X PROTECTIVE COVENANTS 26

1 Land Use and Building Type 27

2 Fences 27

3 Walls 27

ARTICLE SECTION SUBJECT PAGE

4 Single Family Residence Cost, Quality and Size 28

5 Building Location 28

6 Single Family Plot Area and Width 28

7 Easements 29

8 Nuisances 29

9 Temporary Structures 29

10 Signs 29

11 Oil and Mining Operations; Wells; Pumping

From Lakes 29

12 Livestock and Poultry 29

13 Garbage and Refuse Disposal 29

14 Sewage Disposal 30

15 Sight Distance at Intersections 30

16 Streets 30

17 Vehicles 30

18 Clothes Drying Equipment 31

19 Mail Boxes and Newspaper Tubes; Antennae 31

20 Boat Docks 31

21 Power Boats 31

22 Construction and Marketing Activities 31

23 Additional Protective Covenants 31

XI GENERAL PROVISIONS

1 Duration 32

2 Amendments 32

 

 

ARTICLE SECTION SUBJECT PAGE

3 Notices 33

4 Enforcement 33

5 Notice of Default to Mortgagees 34

6 Consent of first Mortgagees Regarding Exterior Appearance 34

7 Priority of First Mortgagees 34

8 Leasing of Lots 34

9 Severability 35

10 Authorized Action 35

11 Captions 35

12 Gender 35

EXHIBITS

A Legal Description - Section One Lots and Initial Association Property

B Legal Description - Initial Association Property

C Legal Description - Legal Description of Property

Which Declarant May Add as a Matter of Right

D General Plan of Development

 

 

 

DECLARATION

OF

COVENANTS, CONDITIONS AND RESTRICTIONS

FOR

COCA LAKE

STATE OF GEORGIA

COUNTY OF MUSCOGEE

 

THIS DECLARATION made this 18th day of February, 1988 by

GEORGE C. WOODRUFF CO., a Georgia Corporation, SCHUSTER ENTERPRISES, INC., a Georgia corporation, and FRANK D. FOLEY, III, a resident of Muscogee County, Georgia (hereinafter collectively called the "Declarant");

 

W I T N E S S E T H:

 

 

WHEREAS, the Declarant is the owner of the property described in Exhibit "A" attached hereto and, by reference, made a part hereof and

desires to create thereon an exclusive residential community having

certain amenities for the use and benefit of all property owners within

such community; and

WHEREAS, the Declarant desires to provide for the preservation of

the values and amenities in said community and for the maintenance of

the amenities; and, to this end, desires to subject the property de-

scribed in Exhibit "A", together with such additions as may hereafter be made pursuant to Article II hereof, to the covenants, restrictions,

easements, affirmative obligations, charges and liens hereinafter set

forth, each of which is intended for the benefit of said property and

each owner of any part thereof; and

WHEREAS, the Declarant deems it desirable, for the efficient

preservation of the values and amenities in said community, to create an agency to which can be delegated and assigned the power and authority of

maintaining and administering the amenities, administering and enforcing

the covenants governing same and collecting and disbursing all assess-

ments and charges necessary for such maintenance, administration and enforcement, as hereinafter provided; and

WHEREAS, the Declarant has caused to be incorporated under the laws of the State of Georgia a non-profit corporation known as Coca Lake

Homes Association, Inc. for the purpose of exercising the functions aforesaid and which are hereinafter more fully set forth;

NOW, THEREFORE, the Declarant hereby declares that the property described in Exhibit "A" attached hereto and, by reference, made a part hereof and such additions thereto as may hereafter be made pursuant to Article II hereof is and shall be held, transferred, sold, conveyed,

given, donated, leased, occupied and used subject to the covenants, restrictions, easements, affirmative obligations, charges and liens (hereinafter sometimes referred to as the "Covenants") hereinafter set

forth.

ARTICLE I

DEFINITIONS

 

Section 1. Definitions. The following words and terms when used

in this Declaration or any Supplemental Declaration (unless the context

shall clearly indicate otherwise) shall have the following meanings:

(a) "Apartment Plot" shall mean and refer to any improved or

unimproved parcel of land within the Properties which is used or intend-

ed for use as a site for one or more buildings each containing one or

more Apartment Units and which is shown on any recorded plat of any part of the Properties.

(b) "Apartment Unit" shall mean and refer to a designated part of a building located on an Apartment Plot which part is used or intended for use as a dwelling for a single family.

(c) "Association" shall mean and refer to Association of Coca Lake

Homeowners, Inc., a Georgia non-profit corporation, its successors and assigns.

 

(d) "Association Properties" shall mean and refer to all property

and improvements thereon, if any, now or hereafter owned, leased, or in

the possession of the Association including but not limited to, that

property which is designated Association Properties on the plat of

survey referred to in Exhibit "B" attached hereto and, by reference,

made a part hereof, which exhibit contains a legal description of the

Association Properties to be owned by the Association at the time of the conveyance of the first Lot shown on said plat of survey to an owner for

purposes of residential occupancy. All Association Properties are to be devoted to and intended for the common use and enjoyment of the Owners,

their families, guests of the Owners, persons occupying residential accommodations of Owners on a guest or tenant basis, and visiting members of the general public (to the extent permitted by the Association’s Board of Directors) subject to the published rules and regulations

adopted by the Association’s Board of Directors; provided,

however, that any property leased by the Association shall lose its character as Association Properties upon the expiration of such lease.

(e) "Condominium Plot" shall mean and refer to any improved or unimproved parcel of land located within the Properties which is used or intended for use as a site for one or more buildings each containing one

or more Condominium Unit and which is shown on any recorded plat of any part of the Properties.

(f) "Condominium Unit" shall mean and refer to a condominium unit

as defined in the Georgia Condominium Act.

(g) "Declarant" shall mean and refer to George C. Woodruff Co., a Georgia corporation, Schuster Enterprises, Inc., A Georgia corporation

and Frank D. Foley, III a resident of Muscogee County, Georgia, collectively, the persons executing this Declaration, or (2) any successor-in-title to said persons to all or some portion of the property then

subject to this Declaration; provided, however, that such successsor-in-title shall acquire such property for purposes of development or

sale; and, provided further, that in the instrument of conveyance to any such successor-in-title, such successor-in-title is expressly designated

as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such convey-

ance; or (3) should any of the property subject to this Declaration

become subject to a first mortgage given by "Declarant" as security for

the repayment of a loan, then all of the rights, privileges and options

herein reserved to "Declarant" shall inure to the benefit of the holder

of such mortgage upon becoming the owner of all the property then

subject thereto through whatever means or the purchase of all such

property at a judicial or foreclosure sale made pursuant to any power of

sale contained in such mortgage; provided, however, that all rights,

privileges and options herein reserved to "Declarant" may be transferred

to the successor-in-title of any such acquirer of title to such property, provided any such successor-in-title shall acquire, for the purpose

of development or sale all or some portion of such property; and,

provided further, that in the instrument of conveyance to such success-

sor-in-title, such successor-in-title is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance. In the event that

persons specified in both (2) and (3) above become entitled to succeed

to the interests of "Declarant" as therein provided, then, as between

such persons, any person entitled to be "Declarant" by virtue of (3)

above, shall be "Declarant" instead of any person entitled to be

Declarant by virtue of (2) above.

(h) "Living Unit" shall mean and refer to any Single Family Residence, Condominium Unit, or Apartment Unit.

(i) "Lot" shall mean and refer to any Single Family Plot, Apartment

Plot, or Condominium Plot.

(j) "Member" shall mean and refer to all those persons who are

members of the Association as provided for in Article III, Section 1,

hereof.

(k) "Mortgage" shall mean and refer to any security instrument by

means of which title to property is conveyed or encumbered to secure a

debt including, but not limited to, security deeds, loan deeds and deeds

to secure debt.

(l) "Mortgagee" shall mean and refer to the holder of record,

whether it be one or more persons, of a mortgage.

(m) "Owner" shall mean and refer to the record owner, whether it be

one or more persons, of fee simple title to any real property situated

within the Properties excluding, however, the Association and those

persons having such interest merely as security for the performance of

an obligation.

(n) "Person" shall mean and refer to an individual, corporation, partnership, association, trust or any other legal entity.

(o) "Properties" shall mean and refer to the property described in

Exhibit "A" attached hereto and, by reference, made a part hereof and

such additions thereto as my be made pursuant to Article II hereof.

(p) "Single Family Plot" shall mean and refer to any improved or

unimproved parcel of land located within the Properties which is used or

intended for use as a site for a Single Family Residence and which is

shown on any recorded plat of any part of the Properties.

(q) "Single Family Residence" shall mean and refer to a structure (attached or detached) which is used or intended for use as a dwelling

for a single family.

ARTICLE II

PROPERTY SUBJECT TO THIS

DECLARATION: ADDITIONS THERETO

Section 1. Property Hereby Subjected to this Declaration. The

property which is and shall be held, transferred, sold, conveyed, given,

donated, leased, occupied and used subject to these Covenants consists

of that which is described in Exhibit "A" attached hereto and, by

reference, made a part hereof.

Sections 2. Additions to the Properties. Additional property may

become subject to this Declaration in the following manner:

(a) Additions by the Declarant as a Matter of Right. The

Declarant, its successors or assigns, shall have the right, without

consent of the Association, at any time or times on or before December

31, 2003, to bring within the scheme of this Declaration and make a part

of the Properties all or any portion of the property described in

Exhibit "C" attached hereto and, by reference, made a part hereof not theretofore made a part of the Properties; provided, however, that such annexation shall require the prior written determination of the Veterans Administration as being in accordance with the general plan of develop-

ment attached hereto as Exhibit "D" and, by reference, made a part

hereof or such other general plan of development as may be approved by

the Veterans Administration; and provided further that, should the

Declarant, its successors or assigns, elect not to subject such property

or any part thereof to the scheme of this Declaration, the Declarant,

its successors or assigns, shall not be obligated to imposed any covenants thereon or if any covenants are imposed thereon, shall not be

obligated to make such covenants the same as or similar to the Covenants contained herein. Notwithstanding anything contained herein which might

be otherwise interpreted to produce a contrary result, this Declaration

does not create any charge, lien, or any other encumbrance or restriction

on or affect in any way the title to any property other than

that which is described in Exhibit "A" attached hereto and, by reference,

made a part hereof. The additions authorized under this sub-

section shall be made by filing of record one or more Supplementary

Declarations with respect to the additional properties, executed by the

Declarant, its successors or assigns, which shall extend the scheme of

the Covenants contained herein to such properties and thereby subject

such additions to assessment for their just share of the Association

expenses. Said Supplementary Declarations may contain such complemen-

tary additions and modifications of the Covenants contained herein as

may be necessary to reflect the different character of the additional

properties (i.e., single family attached residences, patio homes,

townhouses, condominium residences, apartments and commercial

facilities) and as are not inconsistent with the scheme of this Declaration;

provided, however, that improvements constructed or to be con-

structed on such additional properties shall be of comparable or higher quality construction and aesthetically compatible in terms of architec-

tural style with the improvements constructed or to be constructed on

the property described in Exhibit "A" attached hereto. In no event,

however, shall any such Supplementary Declaration revoke, modify or add to the Covenants established by this Declaration regarding the property,

described in said Exhibit "A".

(b) Additions Pursuant to Association Approval. Upon approval in

writing of the Association pursuant to a vote of its Members and upon

compliance with such terms and conditions as may be imposed by the Association pursuant to such vote, the owner of any property, other than

that which may be subjected to the scheme of this Declaration by the Declarant, its successors or assigns, as a matter of right, who desires

to add it to the scheme of this Declaration and to subject it to the

jurisdiction of the Association, may file of record a Supplementary

Declaration as described in subsection (a) above except that each such

Supplementary Declaration shall be executed jointly by the owner of the

property thus being added and the Association. Notwithstanding the foregoing, improvements constructed or to be constructed on such addi-

tional properties shall be of comparable or higher quality construction

and aesthetically compatible in terms of architectural style with the

improvements constructed or to be constructed on the property described in Exhibit "A" attached hereto. Approved by the Association shall

require the assent of two-thirds (2/3) of the votes of each class of

Members of the Association voting in person or by proxy at a meeting

duly called for this purpose, written notice of which shall be sent to

all Members at least 30 days in advance and shall set forth the purpose

of the meeting. The quorum required for such meeting shall be the

presence thereat of Members and/or proxies entitled to cast sixty

percent (60%) of the votes of each class of Members of the Association.

If the required quorum is not forthcoming at such meeting, another

meeting may be called, subject to the notice requirements set forth

herein, and the required quorum at any such subsequent meeting shall be

forty percent (40%) of the votes of each class of Members of the Association; provided, however, that no such subsequent meeting shall be held more than 60 days following the preceding meeting.

Section 3. Additional Owners to Become Members. Upon the filing of any Supplementary Declaration as provided for in Section 2 of this

Article II, the owners of such property shall become members of the Association and, subject to the provisions of Article III hereof, such

owners and their successors in title shall thereby acquire with respect

to such property, the rights and privileges granted herein to Members of

the Association.

Section 4. Mergers. Upon a merger or consolidation of the Asso-

cation with another association, its properties, rights and obligations

may, by operation of law, be transferred to another surviving or consol-

idated association, or, in the alterative, the properties, rights and

obligations of another association may, by operation of law, be added to

the properties of the Association as a surviving corporation pursuant to

a merger. The surviving or consolidated association may administer the

Covenants contained herein within the Properties, together with the covenants and restrictions established upon any other properties as one

plan. Except as hereinafter provided, no such merger or consolidation

shall effect any revocation, change of or addition to the Covenants

established by this Declaration within the Properties. No such merger

or consolidation shall be effective, however, unless first approved by

the Association’s Board of Directors and by Members entitled to cast at

least two-thirds (2/3) of the votes of each class of members.

ARTICLE III

MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION

Section 1. Membership. The membership of the Association shall

consist of (a) every record Owner, whether it be one or more persons, of

fee simple title to any real property situated within the Properties

excluding, however, the Association and those persons having such

interest merely as security for the performance of an obligation, and

(b) the Declarant subject to the following provisions of this Article

III. Membership shall be appurtenant to and may not be separated from

ownership of such real property, which ownership shall be the sole

qualification for membership.

Section 2. Voting Rights. Subject to the following provisions of

this Section 2, the Association shall have two classes of voting member-

ship: Class "A" and Class "B".

CLASS "A": Class "A" Members shall be all those Owners of

Single Family Plots, Condominium Units, and Apartment Plots with

the exception of the Declarant (except as set forth under Class "B"

membership provisions below). A Class "A" Member shall be entitled to one vote for each Single Family Plot, Condominium Unit, and Apartment Unit which he owns.

CLASS "B": The Class "B" Member shall be the Declarant. The Class "B" member shall be entitled to three votes for each Single Family Plot, Condominium Unit, and Apartment Unit which it owns. The Class "B" membership shall cease and be converted to Class"A" membership upon the first of the following events to occur: (a) when the total votes outstanding in the Class "A" membership equal the total votes outstanding in the Class "B" membership unless (1) the Declarant at that time has the right to annex additional

property pursuant to Article II, Section 2(a), of the Declaration sufficient in quantity that, if annexed, the votes of the Class "B" member would exceed those of the Class "A" members, and (ii) the Declarant evidences its intent to exercise such right within a reasonable time thereafter by filing with the Association and the Veterans Administration an affidavit to that effect, (b) abolishment by the Declarant of its Class "B" membership evidenced by written notice thereof delivered to the Association, or (c) December 31, 2003.

The aggregate vote of all Members cast in respect of Apartment

Units shall not exceed forty-nine percent (49%) of the total vote

cast on any matter pending before the Association, and the votes

allocated to Apartment Units owned by Class "A" Members and Class

"B" Members as provided above shall be reduced pro-rata to the

extent necessary to comply with this limitation.

When any property entitling the Owner to membership as a Class "A"

member of the Association is owned of record by other than a single

natural person, the person entitled to cast the vote for such property

shall be designated by a certificate signed by the record owner or

owners of such property and filed with the Secretary of the Association.

Each such certificate shall be valid until revoked, superseded by a subsequent certificate or a change occurs in the ownership of such

property. The votes of the Members shall be cast under such rules and proce-

dures as may be prescribed in this Declaration or in the ByLaws of the

Association, as amended from time to time, or by law.

ARTICLE IV

PROPERTY RIGHTS IN THE ASSOCIATION PROPERTIES

Section 1. Easements of Enjoyment. Subject to the provisions of

these Covenants, the rules and regulations of the Association and any

fees or charges established by the Association, all Members of the Association, their families, guest of the Members, persons occupying residential accommodations of Members on a guest or tenant basis, and visiting members of the general public (to the extent permitted by the Association’s Board of Directors) subject to the published rules and regulations adopted by the Association’s Board of Directors, shall have

an easement of enjoyment in and to the Association Properties and such easement shall be appurtenant to and shall pass with the title to every Member’s lot.

Section 2. Title to Association Properties. The Declarant may  retain legal title to the Association Properties described in Exhibit  "B" attached hereto and. by reference, made a part hereof until the first conveyance of a Lot shown on the plat of survey referred to therein by the Declarant to an Owner for purposes of residential occupancy. Prior to or simultaneously with such conveyance, the Declarant shall convey said Association Properties to the Association free and clear of all liens and encumbrances together with all improvements thereon which must then be fully completed. If, as and when additional property is subjected to the scheme of this Declaration pursuant to Article II hereof, the Owner thereof shall, prior to or simultaneously with the first conveyance of a Lot contained therein to an Owner for purposes of residential occupancy, convey all Association Properties comprising a part of such additional property to the Association free and clear of all liens and encumbrances together with all improvements thereon which must then be fully completed.

Section 3. Extent of Easements. The rights and easements of

enjoyment in and to the Association Properties created hereby shall be subject to the following:  (a) The right of the Declarant to the exclusive use of portions of the Association Properties reasonably required, convenient or incidental to, the improvement and sale of Lots including, but not limited to, sales and business offices, storage areas, construction yards and signs. Such right of the Declarant may be delegated by it to developers and builders having an interest in the Properties, shall be exercised so as to avoid any unnecessary inconvenience to or infringement upon the rights of others and shall continue until such time as such persons no longer own any Lot primarily for the purpose of sale or December 31, 2003, whichever shall first occur, without affecting any Member's obligation to pay assessments coming due during such period of time or the permanent charge and lien on any Member's Lot in favor of the Association; b) The right of the Association to borrow money for the purpose of improving the Association Properties and, with the prior written approval of Members entitled to cast at least three-fourths (3/4) of the votes of each class of Members or holders of at least three- fourths (3/4) of all first mortgages secured by Lots, to mortgage or otherwise burden or encumber said Association Properties; (c) The right of the Association to take such steps as are reasonably necessary to protect the Association Properties against foreclosure; (d) The right of the Association to suspend the voting rights and right to use any Association recreational facilities of any Member for any period during which any such Member's assessment remains unpaid, and for a period not to exceed 60 days for any infraction by such Member of its published rules and regulations; (e) The right of the Association to charge reasonable admission and other fees for the use of any Association recreational facilities; (f) The right of the Association to abandon, partition, subdivide, sell, dedicate or transfer all or any part of the Association Properties for such purposes and subject to such conditions as may be agreed to by the Members entitled to vote thereon, provided that no such abandonment, partition, subdivision, sale, dedication or transfer, determination as to the purposes or as to the condition thereof, shall be effective unless first approved in writing by Members entitled to cast at least three-fourths (3/4) of the votes of each class of Members, holders of at least three-fourths (3/4) of all first mortgages secured by Lots and, in the case of a dedication, the Veterans Administration; and (g) The right of the Association to grant such easements and rights of way to such utility companies or public agencies or authorities as it shall deem necessary or desirable for the proper servicing and maintenance of the Association Properties or other property.

ARTICLE V

ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant hereby covenants and each Owner shall by acceptance of a deed, whether or not it shall be so expressed in such deed, be deemed to covenant and agree to all the terms and provisions of this Declaration and to pay to the Association: (a) annual assessments or charges; and (b) special assessments or charges for the purposes set forth in Section 4 of this Article V, such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge and continuing lien on the property and improvements thereon against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the owner of such property at the time when the assess- ment first became due and payable. In the case of co-ownership of such property, all of such co-owners shall be jointly and severally liable for the entire amount of the assessment. Should the Association employ an attorney to collect any assessment, it shall be entitled to collect in addition thereto all costs of collection including reasonable attorney's fees.

Section 2. Purpose of Assessments. The annual assessments levied

by the Association shall be used exclusively for the acquisition, improvement, maintenance, and operation of the Association Properties; payment for services which the Association is authorized to provide including, but not limited to, taxes and insurance on the Association Properties, construction of improvements on the Association Properties, and repair, replacement and additions to the Association Properties; payment of the cost of labor, equipment, materials, management and supervision necessary to carry out its authorized functions; payment of principal, interest and any other charges connected with loans made to or assumed by the Association for the purpose of enabling the Association to perform its authorized functions; establishment and maintenance of an adequate reserve fund for maintenance, repairs and replacement of those portions of the Association Properties that must be replaced on a periodic basis; and other charges as may be required by this Declaration or that the Association or its Board of Directors shall determine to be necessary to meet the primary purposes of the Association. Special assessments shall be used for the purposes set forth in Section 4 of this Article V. Notwithstanding the levy of annual or special assessments as aforesaid, the Association shall be entitled to charge a reasonable user's fee for recreational facilities comprising a part of the Association Properties. First mortgagees of Single Family Plots, Apartment Plots, and Condominium Units and the first mortgagee, if any, of the Association Properties may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Association Properties and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such Association Properties and first mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Each Owner shall be responsible for his own return of taxes on his Lot and for the payment of all taxes and governmental assessments, if any, assessed thereon by the taxing authorities.

Section 3. Annual Assessments. Until the year beginning January

1, 1989, the annual assessment shall not exceed $250.00 per Living Unit. From and after January 1, 1989, the maximum annual assessment shall be increased automatically, effective January lst of each year, to the

greatest of (i) one hundred five percent (105%) of the maximum annual assessment for the preceding year and (ii) an amount determined by increasing the original maximum annual assessment specified herein in conformance with the rise, if any, of the numerical rating for the preceding month of June above such rating for June, 1987, as established by the Atlanta, Georgia, Consumer Price Index for Urban Wage Earners and Clerical Workers, All Items, United States (published by the Department of Labor, Washington, D.C.), the successor thereto or other comparable price index should that described herein be discontinued or no longer made available to the Association. The method of computation to be employed when using the Consumer Price index referred to above shall be as follows: The Consumer Price Index numerical rating for the month of June, 1987, is 334.9. This will be the base rating. To determine the adjustment percentage to be applied for any subsequent year, divide this base rating (334.9) into the numerical rating established by the Consumer Price Index for the month of June preceding the proposed assessment year. The adjustment percentage shall be multiplied by the original maximum annual assessment specified herein to obtain the amount referred to in clause (ii) of the preceding paragraph. From and after January 1, 1989, the maximum annual assessment for any succeeding year may be increased above that established by the above described formula provided that any such increase shall have the assent of at least two-thirds (2/3) of the votes cast by each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting.

The Association's Board of Directors shall, after consideration of current costs and future needs of the Association, fix the actual annual assessment for any particular year at an amount not to exceed the applicable maximum annual assessment. However, if the Board of Directors should fix such annual assessment at an amount less than the maximum annual assessment and it is subsequently determined by the Board that the amount assessed will not be sufficient, the Board shall have the power to make supplemental annual assessments but in no event shall the sum of the initial and supplemental annual assessments in any one year exceed the applicable maximum. Should the Board of Directors fail to fix the annual assessment for any particular year, the prior years assessment shall be continued automatically until such time as the Board shall act.

Section 4. Special Assessments for Capital Improvements. In

addition to the annual assessment authorized by Section 3 hereof, the Association's Board of Directors may levy special assessments for the purpose of defraying, in whole or in part, the cost of: construction or reconstruction on the Association Properties; unexpected maintenance, repair or replacement of the Association Properties and capital improve- ments thereon, if any, including the necessary fixtures and personal property related thereto; additions to the Association Properties; necessary facilities and equipment to offer the services authorized herein; and repayment of any loan made to the Association to enable it to perform the duties and functions authorized herein; provided, however, that any such assessment shall have the assent of two-thirds (2/3) of the votes cast by each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting. Such special assessments in any one year may not exceed a sum equal to the amount of the annual assessment for such year except for emergency and other repairs required as a result of storm, fire, natural disaster or other casualty loss and may not be used to fund the reserve for maintenance, repairs or replacement of those portions of the Association Properties that must be replaced on a periodic basis.

Section 5. Quorum for Any Action Authorized Under Sections 3 and

4. At the first meeting called, as provided for in Sections 3 and 4 of this Article V, the presence at the meeting of Members or of proxies entitled to cast sixty percent (60%) of the votes of each class of Members shall constitute a quorum. If the required quorum is not forthcoming at the first meeting called, not more than two subsequent meetings may be called, subject to the notice requirements set forth in said Sections 3 and 4, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting.

Section 6. Rate of Assessment. Unless otherwise expressly provid-

ed herein or in any Supplemental Declaration regarding property of a different character, both annual and special assessments shall be fixed at a uniform rate for each Living Unit; provided however, if different types of Living Units derive different benefits from the Association (i.e., some Living Units are served by a community sewage system owned and operated by the Association while other Living Units are served by individual septic tanks), the assessment for each type of Living Unit may be different to reflect the cost of such different benefits, but within each type the assessment must be uniform; provided further, differences in the benefits derived by Living Units relating to location on or proximity to lakes and ponds shall not be a valid basis for different assessments. Any amendment to this Declaration for the purpose of changing the method of determining assessments shall require, in addition to the requirements set forth in Article XI, Section 2, hereof, the prior written approval of holders of at least three-fourths (3/4) of all first mortgages secured by Living Units.

Section 7. Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for in this Article V shall be established on a calendar year basis and shall commence as to all Living Units on the first day of the month following the date upon which the Lot upon which a Living Unit has been or is to be constructed is subjected to this Declaration; provided, however, the annual assessment for each such Living Unit on which construction is not substantially complete or which is not occupied shall be reduced by seventy-five percent (75%) until the first day of the year following substantial completion of the improvements constituting the Living Unit and occupancy thereof. Each such annual assessment shall be adjusted according to the number of months remaining in the calendar year. Each such adjusted assessment shall be paid by the Owner to the Association within ten days after the date on which such assessment shall have commenced unless otherwise provided by the Association's Board of Directors. Thereafter, the Board of Directors shall fix the amount of the annual assessment and send written notice of same to every Owner subject thereto at least 30 days in advance of each annual assessment period. Unless otherwise provided by the Board of Directors, the annual assessment for each Living Unit shall become due and payable in full within ten days after the first day of January of each year and shall be paid to the Association when due without further notice from the Association. The due date of any special assessment shall be fixed in the resolution authorizing such special assessment. The Association shall, within five days after written request therefore, furnish to any Member liable for an assessment a certificate in writing signed by an officer of the Association setting forth whether said assessment has been paid. A reasonable charge, as determined by the Association's Board of Directors, may be made for the issuance of such certificates. Any such certificate shall be conclusive evidence, against all but the Member, of payment of any assessment therein stated to have been paid.

Section 8. Effect of Non-Payment of Assessments: The Personal

Obligation of the Owner; The Lien; Remedies of The Association.

(a) If an assessment is not paid on or before the date when due (being the dates specified in Section 7 hereof, unless other wise provided by the Board of Directors), then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Single Family Plot or Apartment Plot upon which the Living Unit with respect to which the assessment is made has been or is to be constructed or the Condominium Unit with respect to which the assessment is made, as the case may be, which shall bind such Single Family Plot, Apartment Plot, or Condominium Unit in the hands of the then owner, his heirs, devisees, personal representatives, successors and assigns. In addition to the lien rights, the personal obligation of the Member who owns such Single Family Plot, Apartment Plot, or Condominium Unit to pay such assessment shall remain his personal obligation and shall not pass to his successors in title unless expressly assumed by them. If such successors in title assume such Member's personal obligation such Member shall nevertheless remain as fully obligated as before to pay to the Association any and all amounts which he was obligated to pay immediately preceding the transfer; and such Member and such successors in title assuming such liability shall be jointly and severally liable with respect thereto, notwithstanding any agreement between such Member and such successors in title creating the relation of principal and surety as between themselves.

(b) If an assessment is not paid within 30 days after the due date, such assessment shall bear interest from said due date at the rate of twelve percent (12%) per annum, and the Association may bring legal action against the Member personally obligated to pay the same or foreclose its lien against such Member's Single Family Plot, Apartment Plot, or Condominium Unit, as the case may be, against which the assessment was made, in which event, interest, costs and reasonable attorney's fees shall be added to the amount of such assessments as may then be due. Each Member, by his acceptance of a deed to his Single Family Plot, Apartment Plot, or Condominium Unit, vests in the Association the right and power to bring all actions against him personally for the collection of such charges as a debt and to foreclose the aforesaid lien in any appropriate proceeding at law or in equity. The lien provided for in this Article V shall be in favor of the Association and shall be for the benefit of all other Members. The Association, acting on behalf of the Members, shall have the power to bid in the Single Family Plot, Apartment Plot, or Condominium Unit at any foreclosure sale and to acquire, hold, lease, mortgage and convey the same. No Member may waive or otherwise escape liability for the assessments provided for herein by non-use of the Association Properties and facilities or by abandonment of his Single Family Plot, Apartment Plot, or Condominium Unit.

(c) If an assessment is not paid on or before the date when due, the Association may also suspend the voting rights and right to use any Association recreational facilities of the delinquent Member. 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 such member's Single Family Plot, Apartment Plot, or Condominium Unit in favor of the Association.

Section 9. Subordination of the Charges and Liens to Mortgages.

(a) The lien of the assessments and charges provided for herein (annual, special or otherwise) is hereby made subordinate to the lien of any first mortgage placed on the Single Family Plots, Apartment Plots, or Condominium Units subject to assessment if, but only if, all assessments and charges with respect to such Single Family Plots, Apartment Plots, or Condominium Units authorized herein having a due date on or prior to the date such mortgage is filed for record have been paid. The lien hereby subordinated is only such lien as relates to assessments and charges authorized hereunder having a due date subsequent to the date such mortgage is filed for record and prior to the satisfaction, cancellation or foreclosure of such mortgage or the sale or transfer of the mortgaged Single Family Plot, Apartment Plot, or Condominium Unit pursuant to any proceeding in lieu of foreclosure or the sale or transfer of the mortgaged Single Family Plot, Apartment Plot, or Condominium Unit pursuant to a sale under power contained in such mortgage.

(b) Such subordination is merely a subordination and shall not relieve the Owner of the mortgaged Single Family Plot, Apartment Plot, or Condominium Unit of his personal obligation to pay all assessments and charges coming due at a time when he is the owner of such Single Family Plot, Apartment Plot, or Condominium Unit; shall not relieve such Single Family Plot, Apartment Plot, or Condominium Unit from the lien provided for herein (except to the extent a subordinated lien is extinguished as a result of subordination as against a mortgagee or such mortgagee's assignee or transferee by foreclosure or by sale or transfer in any proceeding in lieu of foreclosure or by sale under power); and no sale or transfer of such Single Family Plot, Apartment Plot, or Condominium Unit to the mortgagee or to any other person pursuant to a decree

of foreclosure, or pursuant to a sale under power, shall relieve

any existing or previous Owner of such Single Family Plot, Apartment

Plot, or Condominium Unit of any personal obligation, or

relieve such Single Family Plot, Apartment Plot, or Condominium

Unit or the then owner of such Single Family Plot, Apartment Plot,

or Condominium Unit from liability for any assessments or charges authorized hereunder coming due after such sale or transfer.

Section 10. Exempt Property. The following property subject

to this Declaration shall be exempt from the assessments, charges and liens created herein: (a) all properties to the extent of any easement or

other interest therein dedicated to and accepted by a local public

authority and devoted to public use; and (b) all Association Properties; provided, however, that no land or improvement devoted to dwelling or commercial use shall be exempt from said assessments, charges and liens.

ARTICLE VI

ADMINISTRATION

Section 1. Responsibility for Administration. The administration

of the property subject to the jurisdiction of the Association, the maintenance, repair, replacement and operation of the Association

Properties and facilities and those acts required of the Association by

this Declaration shall be the responsibility of the Association. Such administration shall be governed by this Declaration and the

 

 

 

 

 

 

Association’s Articles of Incorporation and By-Laws, as amended from

time to time. The powers and duties of the Association shall be those

set forth in said documents, together with those reasonably implied to

effect its purposes, and shall be exercised in the manner provided

therein.

Section 2. Management Agreements. The Association may enter into such management agreements as may be necessary or desirable for the administration and operation of the property subject to the jurisdiction of the Association. Such management agreements shall be entered into

pursuant to resolution duly adopted by the Association's Board of

Directors, each of which shall provide therein: the compensation to be paid; the term thereof which shall not exceed one year, renewable by agreement of the parties for successive one year periods; the termination thereof by either party without cause or payment of a termination

fee on 90 days or less written notice; the termination thereof by either

party for cause on 30 days written notice; and such other matters as may be agreed upon which are not inconsistent with the terms of this Declaration or the Association's Articles of Incorporation and By-Laws, as

amended from time to time. Copies of any management agreement then currently in effect shall be made available for inspection by the

Members, each of whom shall be bound by the terms and conditions there- of. Should the Association enter into any management agreement as

provided for herein and thereafter, upon the termination or expiration

of same, assume self management of the property subject to its jurisdiction, the Association shall provide written notice thereof to each

mortgagee of a Single Family Plot, Apartment Plot, or Condominium Unit whose name and address have theretofore been furnished to the Association together with a written request for such notice.

Section 3. Limitation of Liability; Indemnification. Notwithstanding

the duty of the Association to maintain, repair and replace

parts of the Association Properties and facilities, the Association

shall not be liable for injury or damage caused by any latent condition

of the Association Properties and facilities nor for injury or damage

 

 

 

 

 

 

 

caused by the elements, its Members or other persons; nor shall any

officer or director of the Association be liable to any Member for

injury or damage caused by such officer or director in the performance

of his duties unless due to the willful misfeasance or malfeasance of

such officer or director. Each officer or director of the Association

shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed upon

him in connection with any proceeding to which he may be a party, or in which he may become involved, by reason of his being or having been such an officer or director, or any settlement thereof, whether or not he is

such an officer or director at the time such expenses and liabilities

are incurred, except in such cases wherein the officer or director is

adjudged guilty of willful misfeasance or malfeasance in the performance

of his duties; provided that, in the event of a settlement, the indemnification shall apply only when the Board of Directors approves such

settlement and reimbursement as being for the best interests of the Association.

ARTICLE VII

INSURANCE AND CASUALTY LOSSES

Section 1. Insurance. Unless otherwise first approved in writing

by the holders of at least three-fourths (3/4) of all first mortgages

secured by Single Family Plots, Apartment Plots, or Condominium Units, the Association's Board of Directors shall obtain insurance for all

insurable improvements on the Association Properties against loss or

damage by fire or other hazards, including extended coverage, vandalism

and malicious mischief, in an amount sufficient to cover the full,

current replacement cost, less ordinary deductible amounts, of any

repair or reconstruction in the event of damage or destruction from any

such hazard. The Board of Directors shall also obtain a public liability

policy covering all Association Properties and facilities for the

hazards of premises operations or actions arising out of bodily injury, property damage, false arrest, invasion of privacy and libel and slander

 

 

 

 

caused by the negligence of the Association or any of its agents, which

public liability policy shall be at least $500,000.00 single limit as

respects the hazards enumerated herein. Premiums for all such

insurance shall be common expenses paid for by the Association.

Section 2. Damage and Destruction. (a) Immediately after any

damage or destruction by fire or other casualty to all or any part of

the property covered by insurance written in the name of the Association,

the Board of Directors or its duly authorized agent shall

proceed with the filing and settlement of all claims arising under such insurance, obtain reliable and detailed estimates of the cost of repair

or reconstruction of the damaged or destroyed property and, if such

damage or destruction is substantial, provide written notice of same

to each mortgagee having an interest therein whose name and address have theretofore been furnished to the Association together with a written

request for such notice. Repair or reconstruction, as used in this

Article, means repairing or restoring the property to substantially the

same condition in which it existed prior to the fire or other casualty.

Subject to subsection (c) hereof, all such damage or destruction shall

be repaired or reconstructed as soon as practicable after any such

casualty shall occur. The Association's Board of Directors may advertise

for sealed bids from and may negotiate with any licensed contractors

for such repair or reconstruction and may enter into such

contract or contracts for such repair or reconstruction as it may deem necessary or advisable. The contracting party or parties may be

required to provide a full performance and payment bond for such repair

or reconstruction.

(b) In the event that the insurance proceeds paid to the Association

are not sufficient to defray the cost of such repair or reconstruction,

the Association's Board of Directors shall have the authority

to and shall, subject to subsection (c) hereof, levy a special assessment against all Owners in sufficient amounts to provide funds to pay

such excess cost of repair or reconstruction. Assessments for such

 

 

 

 

 

 

 

purpose may be made, without a vote of the Members, at any time during

or following the completion of any repair or reconstruction.

(c) In the event of damage or destruction by fire or other casualty

to all or any part of the Association Properties and facilities, such

damage or destruction shall be repaired or reconstructed unless within

60 days after such casualty an instrument requesting that the damage or destruction not be repaired or reconstructed is signed by Members of the Association entitled to cast at least eighty percent (80%) of the votes

of each class of Members and filed with the Association's Board of

Directors, in which event the damaged or destroyed area or areas shall

be cleaned up and maintained in a neat and attractive condition. If,

for any reason, the amount of the insurance proceeds to be paid as a

result of such damage or destruction or reliable and detailed estimates

of the cost of repair or reconstruction is not made available to the

Association within said period of 60 days after the casualty, then such

period shall be extended until such information shall be made available

to the Association; provided, however, that said period of time shall in

no event exceed 120 days after the casualty. No mortgagee shall have

any right to participate in the determination as to whether the damage

or destruction shall be repaired or reconstructed except that insurance proceeds paid as a result of damage or destruction to all or any part of

the Association Properties and facilities shall not be used for other

than repair or reconstruction unless otherwise first approved in writing

by the holders of at least three-fourths (3/4) of all first mortgages

secured by Single Family Plots, Apartment Plots, or Condominium Units.

ARTICLE VIII

ARCHITECTURAL CONTROL

Section 1. Construction; Review and Approval. No building, outbuilding, storage shed, pool house, kennel, tree house, pen, gazebo,

fence, wall, dock, or other structure, except those provided by the

Declarant, shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to, change in or alteration of

 

 

 

 

 

 

any of said structures be made until complete final plans and specifications showing the nature, kind, shape, height, materials, basic exterior

finishes and colors, location and floor plan thereof, and showing front,

side and rear elevations thereof and the names of the builder, general contractor and all subcontractors have been submitted to and approved by

the Association's Board of Directors or by an architectural control

committee composed of three or more persons appointed by said Board as

to harmony of exterior design and general quality with the existing

standards of the neighborhood and as to location in relation to surrounding structures and topography. In the event said Board or its

designated committee fails to approve or disapprove such design and

location within 30 days after said plans and specifications shall have

been submitted to it, approval will not be required and this Section

will be deemed to have been fully complied with.

Section 2. Initial Improvements. Notwithstanding the foregoing provisions of this Article VIII, the functions of the Association's

Board of Directors or its designated committee during and with respect

to the initial improvement of the Properties and the Association Properties shall be the responsibility of the Declarant.

ARTICLE IX

EXTERIOR MAINTENANCE

Section 1. Association Properties. The responsibility for the maintenance, in a neat and attractive condition, of all Association

Properties and facilities shall be as prescribed in Article VI of this

Declaration.

Section 2. Other Properties. All Properties subject to this

Declaration, together with the exterior of all improvements located

thereon, shall be maintained in a neat and attractive condition by and

at the expense of their respective owners. Such maintenance shall

include, but shall not be limited to, painting, staining, repairing, replacing

and caring for roofs, gutters, downspouts, building surfaces, trees, shrubs, grass, walks and other exterior improvements; provided,

 

 

 

 

 

 

 

however, that any such painting or staining shall be compatible in

appearance and quality with t