Declaration of Covenants, Conditions and Restrictions
For Morgan's Crossing Subdivision
WEB Edition 7/31/03
State of Georgia
County of Gwinnett
THIS DECLARATION is made on the date hereinafter set forth by CHANDLER-HAWKINS, INC. ,
a Georgia Corporation (hereinafter collectively referred to as "Declarant").
W I T H N E S S E T H:
|WHEREAS, Declarant is the owner of certain real property located in Land Lot 4 of the 1st District of Gwinnett County, Georgia, which property is more particularly described in Exhibit "A" attached hereto and made a part of this Declaration; and, WHEREAS, the Declarant intends to develop on lands including the real property described above a development to be known as Morgan's Crossing Subdivision (hereinafter referred to as the "Development"); and WHEREAS , Declarant has caused the Association (as hereinafter defined) to be formed as a non-profit civic organization to perform certain functions for the common good and general welfare of the Owners (as hereinafter defined); NOW, THEREFORE, the Declarant hereby declares that all of the property described in Exhibit "A" shall be held, sold and conveyed subject to this Declaration of Covenants, Conditions and Restrictions, which is for the purpose of enhancing and protecting the desirability and attractiveness of, and which shall run with, the real property, and be binding on all parties having any right, title or interest in the described property or any part thereof, and shall, subject to all limitations herein provided, inure to the benefit of each Owner, his heirs, grantees, distributees, successors and assigns and to the benefit of the Association.|
|The following words, when used in this Declaration of Covenants, Conditions and Restrictions, shall have the following meanings: 1.01 Association. "Association" means Morgan's Crossing Homeowners Association, Inc., a non-profit corporation organized under the Georgia Nonprofit Corporation Code, and its successors and assigns. 1.02 Board. "Board" means the Board of Directors of the Association. 1.03 By-Laws. "By-Laws" means the By-Laws of the Association. 1.04 Common Property. "Common Property" means all real property (together with any and all improvements now or hereafter located thereon) owned by the association or in certain instances over which the Association has been granted permanent easements, for the common use and enjoyment of the Owners. 1.05 Declarant. "Declarant" means Chandler-Hawkins, Inc. , a Georgia Corporation, and its successors and assigns, including, but not limited to, any person, firm, corporation, partnership, association, trust, or other legal entity , or any combination thereof, which acquires all or substantially all of the Development then owned by the Declarant (or subsequent successors in interest), together with its rights hereunder, by conveyance or assignment from Declarant, or judicial or non-judicial foreclosure, for the purpose of development and/or construction on the Property. 1.06 Lot. "Lot" means any numbered parcel of land shown upon (i) that certain plat of survey prepared by Daniel F. Conroy& Assoc., P.C., dated October 5, 1994, and recorded in Plat Book 64, Page 134, Gwinnett County, Georgia Records, or as similarly shown on supplemental surveys of such tract or such additional tracts as may be added to the Property from time to time, as provided herein; provided however, that no portion of the Common Property shall ever be a lot except as provided for in Section 2.04. 1.07 Member. "Member" means any member of the Association. 1.08 Owner. "Owner" means the record owner (including Declarant) whether one or more persons or entities, of a fee simple title to any Lot, provided, however, that where fee simple title has been transferred and is being held merely as security for repayment of a loan, the person or entity who would own the Lot in fee simple if such loan were paid in full shall be considered the Owner. 1.09 Property. "Property" means that certain real property (other than Common Property) hereinabove described. 1.10 Restrictions "Restrictions" means all covenants, restrictions, easements, charges, liens and other obligations created or imposed by this Declaration. 1.11 Structure. "Structure" means any thing or object the placement of which upon any Lot may effect the appearance of such Lot, including by way of illustration and not limitation, any building or part thereof, garage, porch, shed, greenhouse or bathhouse, coop or cage, covered or uncovered patio, swimming pool, fence, curbing, paving, wall, tree, shrub, sign, signboard, temporary or permanent living quarters (including any house trailer) or any other temporary or permanent improvement to such Lot.|
|2.01 Conveyance of Common Property ( a) The Declarant may from time to time convey to the Association or grant easements to the Association, at no expense to the Association and in accordance with this section, real and personal property for the common use and enjoyment of the Owners (such real and personal property is hereinafter collectively called "Common Property")and, to the extent set forth in this Declaration of Covenants, Conditions and Restrictions, the general public. The Association hereby covenants and agrees to accept from the Declarant all such convenances of Common Property. ( b) It is contemplated by the Declarant that the Declarant will convey to the Association Common Property for scenic and natural area preservation and for general recreational use. The Declarant may, at Declarant's sole discretion, modify, alter, increase, reduce and otherwise change the Common Property contemplated to be conveyed to the Association in accordance with this subsection (b)of this Section 2.01 at any time prior to conveyance of such Common Property to the Association. ( c) In addition to the property described in subsection (b) of this Section 2.01, the Declarant may convey to the Association in accordance with this Section 2.01 such other real and personal property as the Declarant may determine to be necessary or proper for the completion of the Development. ( d) Notwithstanding any legal presumption to the contrary, the fee title to, and all rights in, any portion of the Property owned by the Declarant and designated as Common Property or designated for public use shall be reserved to the Declarant until such time as the same shall be conveyed to the Association or to any municipality or other governmental body, agency or authority. 2.02 Right of Enjoyment. Every Owner shall have a right and easement to use and enjoy the Common Property, which right shall be appurtenant to and shall pass with the title to every Lot upon transfer; provided, however, that no Owner shall do any act which interferes with the free use and enjoyment of the Common Property by all other Owners. The Association may permit persons who are not Owners to use and enjoy any part or all of the Common Property subject to such limitations, and upon such terms and conditions, as it may from time to time establish. The right and easement of enjoyment granted or permitted by this Section 2.02 is subject to suspension by the Association as provided in Section 2.3 (f) and 3.06. 2.03 Right of the Association. The rights and privileges conferred in Section 2.02 hereof shall be subject to the right of the Association acting through the Board to: (a) promulgate rules and regulations relating to the use, operation and maintenance of the Common Property; (b) charge reasonable fees in connection with the admission to and use of facilities or services; provided that in a setting any such fee the Board may establish reasonable classifications which shall be uniform within each such class but need not be uniform between such classes; (c) suspend, pursuant to Section 3.05, the voting rights of any Member and the right of enjoyment granted or permitted by Section 2.02; (d) grant easements or rights of way over Common Property to any municipality or other governmental body, agency or authority, to any quasi-public agency or to any utility company or cable television system; (e) enforce all applicable provisions of valid agreements of the Association relating to the Common Property or any part thereof: (f) borrow money for the purpose of carrying out the activities of the Association, including the acquisition, construction, improvement, equipping and maintenance of Common Property, and in aid thereof to encumber by deed to secure debt, mortgage or other security interest, any or all of the Association's property, including Common Property and revenues from assessments, user fees and other sources; provided however that the Common Property may not be mortgaged or pledged except upon the affirmative vote of seventy-five percent (75%) of the Owners. (g) dedicate or transfer all or any part of the Common Property or interests therein to any municipality or other governmental body, agency or authority for such purposes and subject to such provisions and conditions as may be agreed upon by the association and such grantee, including a provision that such property or interest shall cease to be subject to this Declaration or all or any part of the Restrictions while held by an such municipality or other governmental body, agency or authority; (h) to sell, lease or otherwise convey all or any part of its properties and interest therein, provided that at least seventy-five percent (75%) of the Owners have, by affirmative vote consented thereto. 2.04 Types of Common Property. At the time of the conveyance of any real property of easement by the Declarant to the Association to be used as Common Property, the Declarant shall designate in the deed of conveyance or easement that such real property is to be Common Property, and further may designate in the deed of conveyance or easement the specific or general purpose or purposes for which such real property or any portion thereof may be used, and in such event, such real property or portion thereof shall not, without a two-thirds (2/3) vote of each class of Member of the Association, be used for any different purpose or purposes without the prior written consent of the Declarant. (a) It is contemplated that certain easements for the erection and maintenance of entrance monuments, Subdivision signs, wall, fences and other structures intended to provide an attractive atmosphere or to provide privacy to Owners within the Development will be reserved by the Declarant and set forth on plats or survey of the Development recorded in the County Records. Such easements shall be perpetual in duration and shall include the right to erect, maintain, repair replace and re-erect any such structures within the easement areas, as well as the right to plant grass, plants, flowers, shrubs and trees, to tend and garden the same, and to generally landscape the area within said easements to keep them clean, attractive and uniform in appearance for the benefit of all Owners within the Development. Said easement areas shall be designated as such and all Owners taking title to any Lot upon which such easement lies will take title subject to the easement rights set forth herein, as well as such rights as may be set forth in the deed conveying such easements to the Association. Such easements shall be Common Property. (b) Encroachment Easements. If any buildings or other improvements initially constructed on any of the Lots, including without limitation any eaves, roof overhands, balconies, siding, porches, or other structures which may be attached to the walls and roof of such buildings, and which may encroach onto or over or extend into the air space of any portion of the Common Property, or , conversely, if any such improvements initially constructed on the Common Property encroach onto or over portions of any Lot, a valid easement for the encroachment and for the maintenance, repair and replacement thereof, shall exist so long as the encroachment exists. 2.05 Delegation of Use. Any Owner may delegate to the members of his family or his tenants who reside on a Lot, in accordance with the By-Laws, his right to use and enjoy the Common Property.|
THE HOMEOWNERS ASSOCIATION
|3.01 Purposes, Powers and Duties of the Association. The Association shall be formed as a non-profit civic organization for the sole purpose of performing certain functions for the common good and general welfare of the residents of the Development. The Association shall have no power or duty to do or perform any act or thing other than those acts and things which will promote in some way the common good and general welfare of the residents of the Development. To that extent, and only to that extent, necessary to carry out such purpose, the Association (a) shall have all the powers of a corporation organized under the Georgia Non-Profit Corporation Code and (b) shall have the power and duty to exercise all of the rights, powers and privileges and to perform all the duties and obligations of the Association as set forth in this Declaration. 3.02 Membership in the Association. Every Owner shall automatically be a member of the Association and such membership shall terminate only as provided in this Declaration of Covenants, Conditions and Restrictions. 3.03 Voting Rights. Subject to the following provisions of this Section 3.03, the Association shall have two classes of voting membership: Class A and Class B. (a) Class A. Every person who is an Owner, with the exception of the Declarant except as otherwise set forth herein, shall be a Class A member and shall be entitled to one vote for each Lot owned. When more than one person is a Class A member by virtue of an ownership interest in the same Lot, the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. In the event of disagreement among such persons and an attempt by two or more of them to cast the vote of such Lot, such persons shall not be recognized and the vote of such Lot shall not be counted. The membership of the Class A members shall automatically terminate upon the member's sale of his Lot. However, no termination of Class A membership shall effect such member's obligation to pay assessments, as hereafter provided for, due and payable for any period prior to the date of such termination, and there will be no refund for assessments paid for periods falling after the date of such termination. Voting Rights ( 3.03 Cont. ) (b) Class B. The Declarant shall be the sole Class B member . Class B member 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. The Class B member shall be entitled to three (3) votes for each Lot owned by it. The Class B membership shall cease and shall be converted to Class A membership at such time as the first of the following events occur: (a) the expiration of five (5) years from the date of recording of this Declaration; (b) the date as of which seventy-five (75%) of the Lots which may be developed on the Property and on the Additional Property shall have been conveyed, by either the Declarant or by a builder who purchased the Lot from Declarant for the purpose of erecting a dwelling thereon, to an individual Owner or Owners for residential occupancy; or (c) the surrender by the Declarant of the authority to appoint and remove members of the Board of the Association by an express amendment to this Declaration executed and recorded by the Declarant; provided however, that so long as any Mortgagee of Declarant holds a security interest in any portion of the Property, as security for a Development Loan to Declarant, the Class B membership shall not terminate without the prior written consent of such Morgagee. If at the time of termination of the Class B membership, Declarant still owns any Lots, then as to each Lot owned by Declarant, Declarant shall be deemed to be a Class A member. 3.04 Board of Directors and Officers (a) Board. The affairs of the Association shall be managed by a Board of Directors. The number of directors and the method of election of directors shall be as set forth in this Declaration and in the By-Laws of the Association. Except to the extent otherwise expressly required or authorized by the Georgia Nonprofit Corporation Code or this Declaration, the powers inherent in or expressly granted to the Association may be exercised by the Board , acting through the officers of the Association, without any further consent or action on the part of the Members. (b) Officers. The number of officers and the method of election of officers shall be as set forth in this Declaration and the By-Laws of the Association. Notwithstanding any other language or provision to the contrary in this Declaration, in the Articles of Incorporation, or in the By-Laws of the Association, officers of the Association shall be appointed by the Board until such time as the Declarant no longer has the right to appoint members to the Board. (c) Casting of Votes. The votes of the members shall be cast under such rules and procedures as may be prescribed on this Declaration or in the By-Laws of the Association, as amended from time to time, or by law. 3.05 Board of Directors. The affairs of the Association shall be managed by a Board of Directors. The number of Directors and the method of election of Directors shall be as set forth in this Declaration and the By-Laws of the Association. 3.06 Suspension of Membership. The Board may suspend the voting rights of any Member and the right of enjoyment of the Common Property of any person who: (a) shall be subject to the right of abatement, as defined in Section 8.02 by reason of having failed to take the reasonable steps to remedy a violation or breach of the Restrictions within (30) days after having received notice of the same pursuant to the provisions of Section 5.11 or 8.2 hereof; (b) shall be delinquent in the payment of any assessment to the provisions of Article IV hereof; or ( c) shall be in violation of the rules and regulations of the Association relating to the use, operation and maintenance of Common Property; ( d) any suspension shall be for the balance of the period in which said Member or person shall remain in violation, breach or default, as aforesaid, except that in case of a violation described in subsection (c)of this Section 3.06, the suspension may be for a period not to exceed 60 days after the cure or termination of such violation. No such suspension shall prevent an Owner's ingress to or egress from his Lot. 3.07 Voting Procedures. The procedures for the election of Directors of the Association and the resolution of such other issues as may be brought before the membership of the Association shall be governed by this Declaration, the Georgia Nonprofit Corporation Code, the Articles of Incorporation of the Association, and the By-Laws of the Association, as each shall from time to time be in force and effect. 3.08 Control by Declarant and Appointment of the Board. Until such time as Declarant no longer has the right to appoint members to the Board, the Board of the Association shall consist of three (3) members. Notwithstanding any other language or provision to the contrary in this Declaration, in the Articles of Incorporation, or in the By-Laws of the Association, the Declarant hereby retains the right to appoint two (2) members to the Board. The rights of Declarant to appoint members of the Board also includes the right to remove and replace its appointees until such time as its right to appoint members to the Board ceases. Declarant shall retain the right to appoint and remove its members of the Board until such time as the first of the following events shall occur; i)the expiration of five (5) years from the date of the recording of this Declaration; (ii ) the date upon which seventy-five percent (75%) of the Lots which may be developed on the Property and on the Additional Property shall have been conveyed, by either Declarant or by a builder who purchased the Lot from the Declarant for the purpose of erecting a dwelling thereon, to an individual Owner or Owners for residential occupancy; or (iii) the surrender by Declarant of the authority to appoint and replace directors by an express amendment to this Declaration submitted and recorded by Declarant. Upon the expiration of the Declarant's right to appoint and remove directors of the Association pursuant to the provisions of this Section, such right shall automatically pass to the Owners, including Declarant, if Declarant then owns one or more Lots. Upon the final expiration of all rights of Declarant to appoint and replace directors of the Association, a special meeting of the Association shall be called. At such special meeting, the Owners shall elect a new Board of Directors which shall undertake the responsibilities of the Board, and Declarant shall deliver the books, accounts, and records, if any, which Declarant has kept on behalf of the Association, and any agreements or contracts executed by or on the behalf of the Association during such period which Declarant has in its possession. Each Owner by Acceptance of a deed to or other conveyance of a Lot vests in Declarant such authority to appoint and replace directors and officers of the Association as provided in this section. The Association may exercise any other right or privilege given to it expressly by this Declarant or by law and any other right or privilege reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege. 3.09 Distribution of Assets Upon Dissolution. In the event of the dissolution of the Association, the assets thereof shall be distributed to one or more public bodies, corporate or politic, or conveyed to one or more non-profit organizations having purposes similar to those of the Association.|
ASSESSMENTS AND MAINTENANCE CHARGES
|4.01 Covenant for Assessments and Creation of Lien and Personal Obligations. The Declarant, to the extend that Declarant is an Owner, hereby covenants and agrees, and each Owner, jointly and severally, for himself, his heirs, distributees, legal representatives, successors and assigns, by acceptance of a deed for a Lot, whether or not the covenants contained herein shall be expressed in any such deed, hereby covenants and agrees as follows: ( a) to pay to the Association the annual assessments which may or shall be levied by the Association pursuant to this Declaration against all Lots owned by him; ( b) to pay to the Association any special assessments for capital improvements and other charges which may or shall be levied by the Association pursuant to this Declaration against all Lots owned by him; ( c) that there is herby created a continuing charge and lien upon all Lots owned by him against which all such assessments are made to secure payment of such assessments and any interest thereon as provided in Section 4.07 hereof and costs of collection including reasonable attorney's fees; ( d) that such continuing charge and lien on such Lots binds such Lots in the hands of the then Owner, and the Owners heirs, devisees, legal representatives, successors and assigns. Such charge and lien is superior to any and all charges, liens or encumbrances which may hereafter in any manner arise or be imposed upon such Lots whether arising from mortgage, deed to secure debt, or other instrument, except(i)such liens for taxes or other public charges as they are by applicable law made superior, and (ii) all deeds to secure debt given to secure a loan the proceeds of which are used(1) to purchase a Lot or Lots (together with any and all Structures which may from time to time be placed or located thereon)and(2)to finance the construction, repair or alteration of Structures; ( e) that no sale or transfer at foreclosure or in lieu of foreclosure shall relieve any Lot or Lots from liability for any assessment thereafter assessed; (f ) that all annual and special assessments (together with interest thereon as provided in Section 4.07 of this Declaration and costs of collection including reasonable attorney's fees) levied against any Lot or Lots owned by him during the period that he is an Owner shall be(in addition to being a continuing charge and lien against such Lot or Lots as provided in Section 4.01(c )of this Declaration)a personal obligation which will survive any sale or transfer of the Lot owned by him; provided, however, that such personal obligation for delinquent assessment shall not pass to an Owner's successor in title unless expressly assumed by such successor. 4.02 Purpose of Assessment. The assessment levied by the Association shall be used exclusively for the purpose of providing for the common good and general welfare of the residents of the Development, including, but not limited to, and in addition to other purposes set forth in this Declaration, security, the acquisition, construction, improvement, maintenance and equipping of Common Property, enforcement of the Restrictions contained in this Declaration, the payment of operating costs and expenses of the Association and the payment of all principal and interest when due on all debts owed by the Association. 4.03 Accumulation of Funds Permitted. The association shall not be obligated to spend in any calendar year all the sums collected in such year by way of annual assessments or otherwise, and may carry forward, as surplus, any balances remaining ; nor shall the Association be obligated to apply such surplus to the reduction of the amount of the Annual Assessments in any succeeding year, but may carry forward from year to year such surplus as the Board may deem to be desirable for the greater financial security of the Association and the effectuation of its purposes. 4.04 Annual Assessment or Maintenance Charge. Subject to the terms of this article, each Lot in the Property is hereby subjected to an annual maintenance charge for the purpose of creating a fund to be known as the "maintenance fund" which maintenance charge and assessment will be paid by the Owner or Owners of each Lot within the Property (and any area annexed under the jurisdiction of the Association) in advance in monthly, quarterly or annual installments. The annual maintenance charge and assessment will commence as to each Lot on the first day of the month following the earliest to occur of the following events: (a) upon the occupancy of a permanent dwelling located on the Lot by Declarant to an owner or tenant for residential occupancy; or(b) upon the conveyance of the Lot by Declarant to an Owner or tenant for residential occupancy; or(c)upon the conveyance by a builder who has purchased the Lot from Declarant for the purpose of erecting a dwelling thereon to an Owner or tenant for residential occupancy. Neither the Declarant nor any builder who has purchased a Lot from the Declarant for the purpose of erecting a dwelling thereon shall be subject to the annual maintenance charge and assessment. Notwithstanding the preceding, the annual maintenance charge and assessment will commence as to each Lot owned by the Declarant or a builder upon the occupancy of a permanent dwelling located thereon as a residence. The Declarant is authorized, although not required, to advance funds to the Association necessary to further the purpose of the Association, and in the event such funds are advanced, the repayment of same shall be secured by a lien upon the property of the Association. Beginning on the date hereof, and from year to year thereafter, the annual maintenance charge and assessment shall be in such amount as the needs of the Association may, in the judgment of the Board of Directors require. Whether such assessment shall be payable in monthly, quarterly, or annually, and the due dates thereof, will be determined by the Board of Directors. The Association shall use the proceeds of said maintenance fund in providing for normal, recurring maintenance charges for the Common Property for the use and benefit of all residents of said property. Such uses and benefits to be provided by said Association may include, by way of clarification, and not limitation, any and all of the following: normal, recurring maintenance of the Common Property (including, but not limited to mowing, edging, watering, clipping, sweeping, pruning raking and otherwise caring for existing landscaping and maintaining and repairing recreational facilities) and the acquisition and installation of capital improvements to such Common Property, such as sprinkler systems, providing that the Association shall have no obligation (except as expressly provided hereinafter)to make capital improvements to the Common Property; payment of all legal and other expenses incurred in connection with the enforcement of all recorded covenants, restrictions and conditions affecting the Property to which the maintenance fund applies; payment of all reasonable and necessary expenses in connection with the collection and administration of the maintenance charge and assessment; employment of security guards or watchmen, if determined necessary; caring for vacant Lots; and doing any other thing or things necessary or desirable in the opinion of the Board or membership of the Association to keep the property neat and in good order, or which is considered of general benefit to the Owners or occupants of the Property, it being understood that the judgment of the majority of the members of the association in the expenditure of said funds and the determination of which constitutes normal, recurring maintenance shall be final and conclusive so long as such judgment is exercised in good faith. The Association shall, in addition, establish and maintain an adequate reserve fund for the periodic maintenance, repair and replacement of improvements to the Common Property. The fund shall be established and maintained out of regular annual assessments. 4.05 Special Assessments for Working Capital Fund, Nonrecurring Maintenance, and Capital Improvements. In addition to the annual assessment authorized by this Article IV , the Association may levy: (a) upon the first sale to an Owner who will individually or through tenants or assigns occupy a Lot, such sale to be made by Declarant or by a builder who has purchased the Lot from Declarant for the purpose of erecting a dwelling thereon, a special assessment equal to two (2) months' estimated regular assessments, which shall be collected at the closing of such sale for the benefit of the Association. The aggregate fund established by such special assessment shall be maintained in a segregated account, and shall be for the purpose of insuring that the Association will have cash available to meet unforeseen expenditures, or to acquire additional equipment or services deemed necessary or desirable by the Board; and (b)in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of nonrecurring maintenance, or the acquisition , construction, reconstruction, repair or replacement of a capital improvement upon any Common Property, including fixtures and personal property related thereto, provided that any such assessment shall have been approved by a two thirds (2/3) vote of each class of Members of the Association who are present in person or by proxy at a meeting duly called for such purpose. 4.06 Notice and Quorum. Written notice of any meeting called for the purpose of taking any action authorized under Sections 4.04 or 4.05 shall be sent to all Members, or delivered to their residence, not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of Membership shall be constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the 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 sixty (60) days following the preceding meeting. 4.07 Effect of Nonpayment of Assessments. Any assessment which is not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum or at such rate as the Board may from time to time establish , provided, however, that in no event shall the Board have the power to establish a rate of interest in violation of the laws of the state of Georgia. In the event of default in the payment of any one or more installments of an assessment, the Board may declare any remaining balance of the assessment at once due and payable. In the event that an Owner shall fail to pay fully any portion of any assessment on or before the date on which the payment is due, such unpaid portion (including any remaining balance declared immediately due and payable in accordance with the preceding sentence), together with interest and costs of collection including reasonable attorneys' fees shall be a \ binding personal obligation of such Owner, as well as a lien on such Owner's Lot enforceable in accordance with the provisions of this Declaration. 4.08 Certificate of Payment. Upon written demand by an Owner, the Association shall within a reasonable period of time issue and furnish to such Owner a written certificate stating that all assessments (including penalties, interest and costs if any) have been paid with respect to any Lot owned by said Owner as of the date of such certificate, or that all assessments, interest and costs have not been paid, setting the amount then due and payable. The Association may make a reasonable charge for the issuance of such certificate. Any such certificate, when duly issued as herein provided, shall be conclusive and binding with regard to any matter therein stated as between the Association and any bona fide purchaser of, or lender on, the Lot in question.|
GENERAL COVENANTS AND RESTRICTIONS
5.01 Application. The Covenants and Restrictions contained in Article V
shall pertain and apply to all Lots and to all Structures erected or
Architectural Control Committee: The Architectural Control Committee
(hereafter cited as ACC) shall constitute a standing committee for the
Association. The Board of Directors shall perform the duties of the ACC
unless and until the Board appoints a separate committee and delegates
pursuant to the By-Laws its authority to the Committee. An application
must be submitted, in writing, to the ACC for all exterior changes to
Lots as outlined in ARTICLE V. As the composition of the Board and the
ACC changes, interpretations, application, procedures and enforcement
Of the general covenants, restrictions and architectural controls may
ACC Procedures and Assessments: The ACC will meet monthly to review
all written covenant compliance requests and discuss any covenant
violations. After each meeting the ACC will provide the following
a) Covenant Compliance Request: A letter of written approval, denial or
request for additional information in response to written requests
regarding changes to Lots will be sent the homeowner by First Class
All written applications will be acted upon
(whether a request for additional information or clarification, approval or
denial) by the ACC within forty-five (45) days from submission of the written
request. Should the ACC fail to reply within the stated time frame, approval
by the ACC will have been deemed to have been given. If no application has
been made to the ACC or their representatives, prior to beginning the
construction, alteration or improvement, suit to enjoin or remove such
additions, alternatives or changes may be instituted at any time by the
Association at the Lot Owner's expense. All responsibility for insuring the
design, quality and structural integrity of approved construction or
modification rests solely with the Lot Owner with no liability on the part of
the Board, the ACC or its representatives.
(b) Covenant Violations
1) The first letter outlining the nature of the covenant violation will be
sent by First Class Mail to the Lot owner. This letter informs the Lot
owner that they have thirty(30) days in which to correct the violation.
2) A second letter will be sent to any Lot Owner who has not come into
compliance with the Covenants within the initial thirty (30) day time
period. A copy of the first letter is attached to this letter and the
Lot Owner is informed that they have an additional fifteen (15) day days
to correct the Covenant violation. At the end of the fifteen (15) day
period, a $5 dollar per day/per violation (in cases where multiple
violations exist) will be assessed. The ACC enforces this assessment by
placing a lien on the Lot in violation. This letter is sent by
Certified Mail. Failure to pickup the certified Letter does not
alleviate the Lot Owner of responsibility.
3) Recurring Violation: Should a violation reoccur within one (1) calendar
year a certified letter will be mailed to the Lot Owner. The following
procedures shall be followed:
If the original violation was corrected within the thirty (30) period
set forth in the first letter, Lot Owners will have fifteen (15) days to
comply with the Covenants. If the Lot Owner previously received two
letter regarding the same violation, Lot Owners will be given three (3)
days to comply with the Covenants before the $5 per day assessment is
c) Exterior Changes: No building construction, erection or improvements,
exterior additions or alterations to any building or improvement on the
Property on any surface shall be made until plans and specifications
showing the nature, kind, shape,height, materials, and location have been
submitted in writing to and approved by the ACC established by the Board.
Exterior changes include but are not limited to, additional awnings,
fences, outbuildings or structures, or changes to existing fences,
hedges, walls, walkways or other structures which the Lot Owner wishes to
erect or maintain, such as were installed or constructed by the Developer
or the original builder. Any changes to the exterior paint color and/or
roofing shingle color which deviates from the initial construction of the
building(s) on the Property must be submitted in writing and approved by
the ACC prior to the commencement of the project. All responsibility for
insuring the design, quality and structural integrity of approved
construction or modification rests solely with the Lot Owner with no
liability on the part of the Board, the ACC or its representatives. All
proposed changes shall be of similar architectural design as the house on
the Lot, and roofing, siding and facing shall be of similar material and
color as the house on the Lot.
d) Statue of Limitations: All approved structural changes, additions or
alterations must have work completed within one (1) year from ACC date of
approval. The Board may employ for the ACC, architects, engineers or other
persons necessary to enable the Committee to perform its functions. The ACC
may, from time to time, delegate any of its rights or responsibilities
hereunder to one(1) or more duly licensed architects or other qualified
persons, which shall have full authority to act on behalf of the Committee for
all matters delegated.
5.02 Residential / Business Use.
(a) The number of occupants per household shall be limited to two persons
per bedroom. Exceptions to this restriction will be evaluated on an
individual basis upon written request.
(b) No business activities which are detectable outside the home by sight,
sound or smell or which involve people frequently coming onto the
property shall be permitted.
5.03 Signs: No sign of any kind shall be erected by an Owner or occupant of a
Lot within the Development, including the Common Properties without prior
written permission of the ACC. Notwithstanding the foregoing, "For Sale"
and "For Rent" signs on individual Lot. Declarant may erect entry sign and
sales and information signs.
5.04 Vehicles. The term "vehicles", as used herein, shall include, without
limitation, motorcycles, mini-bikes, scooters, go-carts, trucks, vans, and
automobiles. All vehicles shall be parked within garages, driveways or other paved parking areas located on a Lot. Parking in yards or on streets within the Development is prohibited. Lot Owner's visitors may temporarily park on the street.
(a) No mobile home, living trailer, modular home, re-located home or
prefabricated shall be permitted on any of the Lots of said Subdivision.
(b) No Lot Owners shall allow junk cars, abandoned cars and motor homes to be
or remain on the property. Boats, trailers, campers and trucks other than
pick-up trucks shall be stored or parked in a garage. Each owner shall keep
his or her Lot and the structure thereon in good order and repair including
but not limited to the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting (or such appropriate external care) of the Structure all in a manner and with such frequency as is consistent with good property management.
(c) No trucks other than pick-up trucks or commercial vehicles shall be stored or parked on any Lot except while engaged in transporting to or from a residence in the Subdivision.
5.05 Animals and Pets: No animals, livestock or poultry of any kind may be
raised, bred, kept, or permitted on any Lot, with the exception of dogs, cats, or other usual common household pets in reasonable number. No pets shall be kept, bred, or maintained for any commercial purpose. Dogs which are household pets shall be at all times, whenever they are outside, on a leash or within an allowable fence. Any pet that becomes a nuisance to other homeowner's will be classified as a covenant violation and will be subject to all procedures, enforcement and restrictions stated within this Declaration.
5.06 Nuisance. It shall be the responsibility of each Owner and occupant to
prevent the development of any unclean, unhealthy, unsightly, or unkempt
condition on his or her property. No property within the Development shall
be used, in whole or in part, for the storage of any property or thing
that will cause such Lot to appear to be in an unclean or untidy condition
or that will be obnoxious to the eye; nor shall any substance, thing, or
material be kept that will emit foul or obnoxious odors or that will cause
any noise or other condition that will or might disturb the peace, quiet,
safety, comfort, or serenity of the occupants of surrounding property. No
noxious or offensive activity shall be carried on within the Development,
nor shall anything be done tending to cause embarrassment, discomfort,
annoyance, or nuisance to any Person using any property within the
Community. There shall not be maintained any plants or animals or device
or thing of any sort whose activities or existence in any way is noxious,
dangerous, unsightly, unpleasant, or of a nature as may diminish or
destroy the enjoyment of the Development. Without limiting the generality
of the foregoing, no speaker, horn, whistle, siren, bell, amplifier, or
other sound device, except such devised as may be used exclusively for
security purposes, shall be located, installed or maintained upon the
exterior of a Lot unless required by law. Any recreational vehicle or
motor home stored in the Development for periods longer than twenty-four
24) hours shall be considered a nuisance and may be removed from the
5.07 Unsightly or Unkempt Conditions. The pursuit of hobbies or other
activities, including specifically, without limiting the generality of the
forgoing, the assembly and disassembly of motor vehicles and other
mechanical devices, which might tend to cause disorderly, unsightly, or
unkempt conditions, shall not be pursued or undertaken in any part of the
No shed, tool storage area, workshop or outbuilding for storage of yard implements shall be placed upon the property unless concealed by hedges, lattice work or screening (which screening may be the residence itself) unless acceptable to the Declarant or his designated official.
5.08 Antennae: Exterior antennae or satellite dishes placed on a roof may not be
visible from the street. Antennae or satellite dishes installed in a yard
must be adequately screened from view. The Lot Owner may be required to
paint the antennae or satellite dish the same color as the surface to which
it is attached. Satellite dishes shall be limited to one meter in diameter
or less. Each Lot Owner is solely responsible for maintaining the antennae
or satellite dish.
5.09 Tree Removal. No trees shall be removed except for (a) diseased or dead
trees;(b) trees needing to be removed to promote the growth of other trees
or for safety reasons; and (c) trees within ten (10) feet of the residence,
driveway, walkways and septic field constructed or to be constructed on the
5.10 Garbage Cans, Woodpiles, etc. All garbage cans, woodpiles, swimming
pools pumps, filters and related equipment and other items shall be
located or screened so as to be concealed from view of neighboring streets
5.11 Subdivision of Lot. No Lot shall be subdivided or its boundary lines
changed except by the Declarant.
5.12 Guns. The discharge of firearms in the Development is prohibited. The
term "firearms" includes "B-B" guns, pellet guns, and small firearms of all
5.13 Fences. Fences shall be limited to wood materials or wrought iron as
approved by the ACC hereunder. Vinyl fencing shall be considered on an
individual case by case basis. All fences shall be restricted to wood
colors and white color, except for wrought iron fences approved by the ACC
hereunder, and shall be located in back or side yards only and shall be
kept in a good state of repair. All chain link fences are prohibited,
except in connection with community recreational facilities and where
the Developer previously installed such fence or construction. A written
request must be submitted to the ACC prior to construction or erection of a
fence. The ACC may request that material samples and/or additional
information be furnished by the Lot Owner regarding the fence construction
to assist in making a decision about such a request. All responsibility for
insuring the design, quality and structural integrity of approved
construction or modification rests solely with the Lot Owner with no
liability on the part of the Board, the ACC or its representatives.
(a) All statue, statuary concrete and/or cement figures, bird baths and water fountains shall not be located in front and side yards. The above may be located in the back yard unless deemed a nuisance due to excessive number or size.
(b) Motorcycles and/or motorized all terrain vehicles are prohibited from use on the property.
(c) No above-ground swimming pools shall be constructed, erected or maintained upon any Lot.
(d) No exterior clotheslines shall be permitted on any Lot.
(e) All mailboxes and stands shall be maintained in a good state of repair.
(f) Any detached garage shall be of similar architectural design as the house on the Lot and roofing, siding and facing shall be of the same or similar material and color as the house on the Lot. Garage doors must not be visible from the street when viewed from the front facade. A written request with the specifications pertaining to the nature, kind, shape, height, color, materials and location of the building must be submitted to the ACC prior to construction and is subject to all rules and regulations set forth in Article V. All responsibility for insuring the design, quality and structural integrity of approved construction or modification rests solely with the Lot Owner with no liability on the part of the Board, the ACC or its representatives.
(g ) No window air conditioning units may be installed that are visible from the streets or neighboring Lots.
EASEMENTS, ZONING AND OTHER RESTRICTIONS
(a) Declarant hereby expressly reserves to the Declarant, its successors and assigns forever, the right to create perpetual easements in, on, over and under any part of the Property owned by the Declarant for any purpose which Declarant deems necessary, including, by way of example, and not limitation, the following (i) the erection, installation, construction and maintenance of wires, lines, conduits and poles and the necessary or proper attachments in connection with the transmission of electricity, telephone, cable television and other utilities and similar facilities;
(ii) the erection, installation, construction and maintenance of storm-water drains, land drains, public and private sewers, irrigation systems, pipelines for supplying gas, water and heat, and for any other public or quasi-public facility, service or function;
(iii) slope control purposes, including the right to grade and plant slopes and to prevent the doing of any activity which might interfere with slopes or which might create erosion or sliding problems or which might change, obstruct or retard drainage flow;
(iv) the plantings or re-plantings of hedges, shrubbery, bushes, trees, flowers and plants of any nature;
(v) the erection, installation, construction and maintenance of fences, walls, monuments, signs, etc. along streets in, around and at entrances to the Development, and the right to landscape such areas, plant, re- plant and prune hedges, shrubbery, bushes, trees, trees, flowers, grass and plants of any nature; and
(b) No Owner shall have any right to use any easement created by the Declarant in, on or over any portion of the Property unless such easement has been assigned by the Declarant to the Association. 6.02 Easement Area. The words "Easement Area" as used herein shall mean those areas on any Lot with respect to which easements are shown on a recorded deed or any filed or recorded may or plat relating thereto. 6.03 Entry. The Declarant and its employees, agents, successors and assigns, shall have the right at all reasonable times to enter upon all parts of each Easement Area for any of the purposes for which such Easement Area is reserved without being deemed to have committed a trespass or wrongful act solely by reason of such entry and the carrying out of such purposes, provided the same are done in accordance with the provisions of this Article. The Declarant and its employees, agents, successors and assigns shall be responsible for leaving each Lot in good condition and repair following any work or activity undertaken in an Easement Area pursuant to the provisions of Section 7.01 6.04 Zoning and Private Restrictions. None of the covenants, restrictions or easements creating or imposed by this Declaration shall be construed as permitting any action prohibited by applicable zoning laws, or by the laws, rules or regulations of any governmental body. In the event of any conflict between such laws, rules or regulations and the covenants, restrictions and easements created or imposed by this Declaration, the most restrictive provision shall govern and control.
|7.01 Right of Enforcement. This Declaration and the Restrictions contained herein shall inure to the benefit of all and shall be enforceable by (i) the Declarant so long as it is an Owner (ii) the Association and (iii) each Owner, his legal representatives, heirs, successors and assigns. 7.02 Right of Abatement. (a) Except where different notice provisions are provided elsewhere in these Restrictions, in the event of a violation or breach of any Restriction contained in this Declaration, the Association shall give written notice by certified mail to the Owner setting forth in reasonable detail the nature of such violation or breach and the specific action or actions needed to be taken to remedy such violation or breach. If the Owner shall fail to take reasonable steps to remedy such violation or breach within thirty(30)days after the mailing of such written notice, then the Association shall have the Right of Abatement. (b) The Right of Abatement, as used in these Restrictions, means the right of the Association, though its agents and employees, to enter at all reasonable times upon any Lot or Structure, as to which a violation, breach or other condition to be remedied exists, and to take the actions specified in the notice to the Owner to abate, extinguish, remove, or repair such violation, breach or other condition which may exist thereon contrary to the provision hereof, without being deemed to have committed a trespass or wrongful act solely by reason of such entry and such actions, provided such entry and such actions carried out in accordance with the provisions of this Section, and with the cost thereof, including the costs of collection and reasonable attorney's fees, together with the interest thereon at the lower of the highest rate permitted by law or 10% to be a binding personal obligation of such Owner enforceable in law, as well as a lien on such Owner's Lot enforceable pursuant to the provisions of Section 7.04 hereof. Such lien shall be superior to any and all charges, liens or encumbrances which may in any manner arise or be imposed upon the Lot after such entry whether arising from or imposed by judgment or decree or by any agreement, contrary, mortgage, deed to secure debt, or other instrument, excepting only (i) such liens for taxes or other public charges as are by applicable law made superior,(ii) the liens created by Sections 4.01 hereof and (iii) all deed to secure debt given to secure a loan the proceeds of which are used(1)to purchase a Lot or Lots(together with any and all Structures which may from time to time be placed or located thereon)and(2)to finance the construction, repair or alteration of Structures. 7.03 Specific Performance. Nothing contained in this Declaration shall be deemed to affect or limit the rights of the Declarant, the Association or any Owner to enforce the Restrictions by appropriate judicial proceedings or to recover damages. However, it is hereby declared that it may be impossible to measure accurately in money the damages which will accrue to a beneficiary hereof, its transferees, successors or assigns, by reason of a violation of, or failure to perform any of the obligations provided by, this Declaration; and therefore, any beneficiary hereof shall be entitled to relief by way of injunction or specific performance, as well as any other relief available at law or in equity, to enforce the provisions thereof. 7.04 Collection of Assessments and Enforcement of Lien: (a) If any assessments, interest, cost or other charge is not paid as required by this Declaration, the Association may bring either an action at law against the Owner personally obligated to pay the same, or an action to foreclose any lien created by this Declaration against the Lot or Lots subject to the lien, or both, for the purpose of collecting such assessment, cost or charge, plus any interest thereon and costs of collection, including reasonable attorneys' fees. (b) As an additional remedy, but in no way as a limitation on the remedies, if any assessment, interest, cost or other charge is not paid as required by this Declaration, each Owner hereby grants to the Association and its assigns the following irrevocable power of attorney; To sell the said Lot or Lots subject to lien at auction, at the usual place for conducting sales at the Courthouse in Gwinnett County, Georgia, to the highest bidder for cash, after advertising the time, terms and place of such sale once a week for four weeks immediately preceding such sale ( but without regard to the number of days) in the paper in which the Sheriff's advertisements for Gwinnett County, Georgia are published, all other notice being hereby waived by each Owner, and the Association or any person on behalf of the Association, or assigns, may bid and purchase at such sale and thereupon execute and deliver to the purchaser or purchasers at such sale a conveyance of said property in fee simple, which conveyance shall contain recitals as to the happenings of the default upon which the execution of the power of sale herein granted depends, and each Owner hereby constitutes and appoints the Association and assigns, the agent and attorney in fact of each Owner to make such recitals, and hereby covenants and agrees that the recitals so to be made by the Association, or assigns, shall be binding and conclusive upon the Owner whose property is the subject matter of such sale, and the heirs, executors, administrators and assigns of such Owner, and that the conveyance to be made by the Association or assigns shall collect the proceeds of such sale, and after reserving therefrom the entire amount of assessment, interest, cost or other charge due, together with all costs and expenses of sale and fifteen per centum of the aggregate amount due for attorneys' fees, shall pay any excess to such Owner, or to the heirs or assigns of such Owner as provided by law. The power and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise and are granted as cumulative to the remedies for collection of said indebtedness provided by law. (c) WAIVER EACH OWNER, BY ACCEPTANCE OF A DEED CONVEYING A LOT SUBJECT TO THIS DECLARATION. WAIVES ANY RIGHT WHICH OWNER MAY HAVE UNDER THE CONSTITUTION OR THE LAWS OF THE STATE OF GEORGIA OR THE CONSTITUTION OR THE LAWS OF THE UNITED STATES OF AMERICA TO NOTICE OR TO A JUDICIAL HEARING PRIOR TO THE EXERCISE OF ANY RIGHT OR REMEDY PROVIDED BY THIS DECLARATION AND OWNER WAIVES OWNER'S RIGHTS, IF ANY, TO SET ASIDE OR INVALIDATE ANY SALE DULY CONSUMMATED IN ACCORDANCE WITH THE PROVISIONS OF THIS DECLARATION ON THE GOUND (IF SUCH BE THE CASE) THAT THE SALE WAS CONSUMMATED WITHOUT A PRIOR JUDICAL HEARING. ALL WAIVERS BY OWNER IN THIS PARAGRAPH HAVE BEEN MADE VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY, AFTER OWNER HAS FIRST BEEN ALLOWED THE OPPORTUNITY TO CONSULT LEGAL COUNSEL WITH RESPECT TO OWNER'S POSSIBLE RIGHTS. 7.05 No Waiver. The failure of the Declarant, the Association, or the Owner of any Lot, his or its respective legal representatives, heirs, successors and assigns, to enforce any Restrictions herein contained shall in no event be considered a waiver of the right to do so thereafter, as to the same violation or breach or as to any violation or breach occurring prior or subsequent thereto.|
DURATION AND AMENDMENT
|8.01 Duration and Perpetuities. (a) The provisions of these covenants shall run with and bind the land and shall be and remain in effect perpetually to the extent permitted by law. Provided, however, so long as Georgia law limits to twenty (20) years, the period during which covenants restricting lands to certain uses may run, any provision of these Covenants affected thereby shall run with and bind the land for a period of twenty(20)years from the date these Covenants are filed for record in the Office of the Clerk of Superior Court of Gwinnett County, Georgia, after which time such provision shall be automatically extended, if permitted by law, for successive periods of ten(10)years, unless an instrument, signed by at least seventy-five (75%) percent of the then Owners of record and the holders of first mortgages on their Lots has been recorded in the Office of the Clerk of said Court, agreeing to terminate or change such provisions in whole or in part. Every purchaser or grantee of any interest in any portion of the Property, by acceptance of a deed or other conveyance thereof, thereby agrees that the provisions of these Covenants may be extended and renewed as provided in this section. (b) If any of the covenants, conditions, restrictions, easements or other provisions of these Covenants shall be unlawful, void or voidable for violation of the Rule Against Perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the survivor of the now living descendents of Her Majesty Queen Elizabeth II, the Queen of England. 8.02 Amendment. These Covenants may be amended unilaterally at any time and from time to time by Declarant (i)if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statue, rule or regulation or judicial determination which shall be in conflict therewith, (ii) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to the Lots subject to these Covenants, (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the Lots subject to these Covenants, or (iv) if such amendment is necessary to enable any governmental agency, such as the Veterans Administration, or reputable private mortgage insurance company to insure mortgage loans on the Lots subject to these Covenants; provided any such amendment shall not adversely affect the title to any Owner's Lot, unless any such Owner so affected thereby shall consent thereto in writing. These Covenants may be amended at any time and from time to time by an agreement signed by at least seventy- five(75%) percent of the owners; provided however, such amendment by the Owners shall not be effective unless also signed by the Declarant, if the Declarant is the owner of any real property subject to these Covenants; and provided further, however, no amendment affecting the Declarant's right to add additional property shall be effective unless also signed by Declarant. No amendment to the provisions of these Covenants shall alter, modify, change or rescind any right, title, interest or privilege herein granted or accorded to the holder of any mortgage encumbering any Lot affected thereby unless such holder shall consent in writing thereto. Any such amendment shall not become effective until the instrument evidencing such change has been filed for record in the Office of the Clerk of the Superior Court of Gwinnett, Georgia. The written consent thereto of any mortgage holder affected thereby shall also be filed with such amendment. Every purchaser or grantee of any interest in any real property now or hereafter subject to these Covenants, by acceptance of a deed or other conveyance therefore, thereby agrees that these Covenants may be amended as provided in this Section.|
|9.01 Other Changes. Notwithstanding any other provisions herein which may be construed to the contrary, unless at least two-thirds (2/3) of the first mortgagees (based upon one vote for each first mortgage owned) or owners (other than Declarant)of the individual Lots in the Development have given their prior written approval, the Association shall not be entitled to: (a)by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Property owned, directly or indirectly, by such Association (the granting of easements for public utilities or for other public purposes consistent with the intended use of such common area or property by the Association shall not be deemed a transfer within the meaning of this clause):(b) change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner;(c) by act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of dwellings on the Lots of the Development, the exterior maintenance of Lots and improvements thereon, the maintenance of the Common Property or party walks or common fences or common roadways and drive-ways, or the upkeep of lawns and plantings in the Development. fail to maintain fire and extended coverage on insurable Association Common Property, if any, on a current replacement cost basis in an amount not less than one hundred(100%) percent of the insurable value (based on current replacement cost); (e) use hazard insurance for losses to any Association Common Property for other than the repair, replacement or reconstruction of such property. 9.02 Rights of First Mortgages. (a) First mortgagees of Lots in the Development may, jointly or singularly, pay taxes or other charges which are in default and which may or have become a charge against the Association's Common Property and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage on the lapse of a policy, for such Common Property and first mortgagees making such payments shall be owed immediate reimbursement therefore from the Association. Despite any other provision of this Declaration which may be interpreted otherwise, it is expressly intended that no Owner or any other party have priority over any rights of the first mortgagee of a Lot pursuant to its mortgage or security deed in the case of a distribution to such Owner of insurance proceeds or condemnation awards for the losses to or a taking of Association Common Property. (b) In addition to the rights of mortgagees elsewhere provided, each first mortgage of a Lot, upon request, shall (i)be entitled to attend and observe all meetings of Owners, but not meetings of the Board; (ii) be furnished copies of annual Financial reports made to the Owners; and (iii) be entitled to inspect the Financial books and records of the Association during reasonable business hours. 9.03 Professional Management. Any agreement for professional management of the Association, or any other contract providing for services of the Declarant, may not exceed three (3) years. Any such agreement must provide for termination by either party without cause and without payment of a termination fee on ninety(90)days written notice. 9.04 Notice of Leases; Tenants and Guests All tenants, leasees, guests and visitors are subject to the Covenants contained in this Declaration, and they must abide by the rules and regulations set forth herein and as promulgated by the Association. It is the responsibility of the Owner to inform his tenants, lessees, guest and visitors of this requirement. It is also the responsibility of the Owner to inform the Association of any lease of his dwelling, whether by written or oral agreement, and where the Owner will not be occupying his dwelling to provide the Association with a forwarding address where he may be contacted. 9.05 No Reverter. No restriction herein is intended to be, or shall be construed as, a condition subsequent or as creating a possibly of reverter. 9.06 Severability. A determination by a court that any provision hereof is invalid for any reason shall not affect the validity of any other provision hereof. 9.07 Headings. The headings of the Articles and Sections hereof are for convenience only and shall not affect the meaning or interpretation of the contents of this Declaration. 9.08 Gender. Throughout this Declaration , the masculine gender shall be deemed to include the feminine and neuter, and the singular, the plural, and vice versa. 9.09 Notices. All amendments, notices, requests, objections, waivers, rejections, agreements, approvals, disclosures or consent of any kind made pursuant to this Declaration, whether made by the Declarant, the Association, the Owner, or any other person, shall be in writing. All such writings shall be sufficient only if deposited in the United States Mail, with sufficient postage, and sent to the following addresses|
4131 Ridge Road
Buford GA 30518 Morgan's Crossing HOA
3790 Lake Seminole Drive
Buford, GA. 30519 (b) Owner: Each Owners address as registered with the Association inaccordance with the By-Laws.
Any written communication transmitted in accordance with this Section 9.09 shall be deemed received on the third (3rd) day following the day such written notice is deposited in the United States Mail.
9.10 No Liability. Declarant has, using best efforts ands all due diligence,
prepared and recorded this Declaration so that each and every Owner shall
have the right and power to enforce the terms and provisions of this
Declaration against every other Owner. However, in the event that this
Declaration is, for any reason, whatsoever, unenforceable by an Owner ( or
any other person) in a court of law or otherwise, Declarant shall have no
liability of any kind as a result of such unenforceability, and each and
every Owner, by acceptance of a deed conveying a Lot, acknowledges that
Declarant shall have no such liability.
9.11 Approval by HUD/VA. Notwithstanding any provisions to the contrary
contained in (i) this Declaration, (ii) the Articles of Incorporation of
the Association, or (iii) the By-Laws of the Association, so long as there
shall be a Class B Member, the Secretary of Veterans Affairs and the
Secretary of Housing and Urban Development, or their respective designees,
shall have the right of prior approval of (a) dedication of Common Property,
(b) the amendment of this Declaration or the Articles of Incorporation of
the Association, (c) the merger, consolidation or dissolution of the
Association, or(d)the conveyance or mortgaging of the Common Property.
In witness thereof, the Declarant has caused this Declaration to be duly executed and sealed this 26th day of October, 1994
Exhibit "A" All tract or parcel of land lying in Land Lot 4 of the 1st District of Gwinnett County Georgia, > > Recorded in Plat Book 64 page 134 Gwinnett County Georgia Records.
|Changes effective 8/2001|
Gwinnett County Cross Reference..........Deed Book 11147 - Page 139,
Deed Book 18195 - Page 64.
Hall County Cross Reference.................Deed Book 3002 - Page 31-49, Deed Book 3489 - Page 654.
|Changes effective 3/1999|
Gwinnett County Cross Reference..........Deed Book 11147 - Page 139,
Deed Book 18195 - Page 1-5.
Hall County Cross Reference.................Deed Book 3002 - Page 31-49, Deed Book 3489 - Page 654-658.
|Changes effective 8/7/97|
Legal Consent and JOINDER between Lynnwood and Chandler Hawkins Inc.
Index list Deed book 10800, page 124 as rerecorded at deed book 11147, page 139
Original Declaration deed book 10800 page 124, march 1995, deed book 11147, page 139
Supplemental Declaration Page deed book 14558 Pages 12 ,13,14,15 Gwinnett County Georgia.
WHEREAS, the Declaration of Covenants, Conditions and Restriction for Morgan's Crossing Subdivision was recorded on March 14,1995 in Deed Book 11147, Page 39, et seq. , of the Gwinnett County, Georgia Records and on October, 1997, in Deed Book 3002, Page 31-49, et seq., of Hall County, Georgia Records ("Declaration"), as amended.
|The End Of Morgan's Crossings Declaration of Covenants, Conditions and Restrictions: WEB Edition.|
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