Upon Reoordins Return To:

Clifford A. Barshay, Eq.

ScHneeoeR, WHEELER& FLINT, LLP
I 100 Peachtree Streeq NE
Suite 800
Atlanta, Ceorgia 30309

DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS

FOR

FOX HALL MASTBR IIOMEOWNERS ASSOCIAION, INC.

Dated: November I .2007

THIS INSTRUMENT ESTABLISHES A MANDATORY MEMBERSHIP HOMEOWNERS

ASSOCIATION BUT DOES NOT SUBMIT THE PROPERTY TO THE PROVISIONS OF THE
GEORGIA PROPERTY OWNER'S ASSOCIATTON ACT, O.C.O.A. g U-3-220, ET SEQ.

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 BK:33O6. FG:7.

TA]BLE OF CONTENTS

ARTICLE I. DEFINITIONS....,......,.......... ...,.......Page I

ARTICLE Il. PROPERTY SUBMITTEID TO THIS DECLARATION ,..,,,,.,.................,...,.,.Page 4
Seotion 2.I Lots Hereby Subjected to this Dec|aration.........,...,..,..... ..,.....,............. Page 4
Section 2.2 AllLots Bear the Burdens and JEnjoy the Benefits of this Declaration................,,.......Page 4
Section Prop,rlrfy..........
2.3 A:nnexation of Additional ...................,. Purge 4
Section 2.4 Other Annexation,..........., .............,,,..... PaLge 5
Section 2.5 Withdrawal of Property..,
Section Easements
2.6 Additional Covenants, Restrictions and ......Page 6
ARTICLE III. ASSOCIATION PROPE1RTY............... ............."Parge 6
Section 3,1 Common Area and AssociationProperty.,..,...,. ............ Pa,ge 6
Property
Section 3.2 Member's Righrs in Association ...,,,,.............Parge 6
Section 3.3 NoParlition.....,............... ..,..,........,,......Page 6
Section 3,4 C<rndemnation,..,,.,.,........, ,....,..........,,...Page 6
Destruction
Section 3.5 Damage or .Page 7
Appn0va1.....................
Section 3.6 Actions Requiring Owner .,....... Page 7
Section 3.7 Security..... .....................Pa9e 7
Community
Seotion 3,8 Gated .........Page 7
ARTICLE IV. THE ASSOCIATION...... ...........r.Page 8
Assooiation.........,,....
Section 4,1 The ..."...,.............. Page 8
Section 4.2 Membership..................... ...................... Page 9
..............,.....
Section 4.3 Voting Rights ."...............,., Page 9
Section 4.4 Susponsion of MembershipRigtrts...........,, "..................Pa9e 9
Acqulisition
Section 4,5 Notioe of Sale, Lease and ,. Page 9
Membership............,,...
Section 4.6 Meetings of the ,.........,.,,....,..... Page 9
- ....
Section 4,7 Association Acts Through its Board of Directors ..... Page 9
Direcliiis....,,.,..,.......
Section 4.8 Eltrction of Board of .....,,,......,....,Page 9
..............,...
Section 4.9 Indemnifioation ......,.....,.,,, Page l0
Management
Section 4.10 Professional ...,.............Page l0
Certifioates,..,.
Section 4.1 I Estoppel ..,,...,...,...,.....Page l0
ARTICLE V. ASSESSMENTS.......,...,... ............Pag,e I I
Assessments......,.,,....,..,,,,.
Sectlon 5,1 Purposes of .,..,,,,,,..........,,,Pa9,e I I
O,bligation......
Section 5,2 Creation of Lien and Personal ............. Page I 1
Thereof.....,.,...
Section 5.3 De0prmination of Annual Assossiment end Shares ,.,.,. Page I I
Assessrnents...
Section 5,4 Special .Page 12
Assessmnts
Section 5.5 Spccific .-Page 12
Roserve
Section 5.6 Special Assessment for Working Capita.l ,.,,,. Pagr: 12
Section 5.7 Effbct of Non-Payment of Assessments; Remedies of the Association.....,,,,,.,..,,.. ....Page 12
Period,..........,.
Section 5.8 Budget Deficit during Development ... Pagr 13
Section 5.9 Failure toAssess,.,,.,.,. . Page 13

Section 5.10 Builder'sPurchase....,,... ......,........,,...Pa9c 13

ARTICLE VL ARCIIITECTURAL CONTROL..., ..................Pagr 14
Section 6.1 Construction Restrictions,... ......,......... Pago 14
Section 6.2 No Combination of Lots........ ......Page l4
Section 6.3 Architectural Control Committe.e....., ..P!rge 14
Section 6.4 Anrhitectural Control,,,...... ...,.....,.,..,,..Pa9o 14
 EK:53OG PG:??
Soction 6.5 Declarant Exemption.......... ......,....,.....Pa61e 16
Section 6.6 Variances on Architecfural Corrtrol...,...... ................... Pag,e 16
Section 6.7 No Waiver on Future Approvals .,.... ..' Pagp 16
ARTICLEVIL EASEMENTS OVERTIIEPROPERTY ..',...Page 16
Section 7.1 Easements Over Association R'operty ,... ................'... Pag,e 16
Section 1.2Easement Over Lots '...Pa21e 17
Section 7.3 Reasonable Use of Easements..,............,... ......,..,,....'..Page l8
ARTICLB VITT. RESTRICTIONS........ ..,,,....,.,, PASP 19
Section 8.1 Residential Use................. .........."'..'...Pag;e 19
Section 8.2 Prchibited Activities......., ...,,.,.............Page 19
Section 8.3 Nruisances ..............,..... Page 19
Section 8.4 Animals .................,.....Pa9;e 19
Section 8,5 Antennas; Aerials; Satellite Dishes...,......... ,.........,..." PaEp 20
Section 8.6 C1othes1ines..........,.......... ........,.......,...Pae1e 20
Section 8.7 Lighting.... ...................Page 20
Section 8.8 Mailboxes......, ...."..,,.,,Pa9;e 2O
Section 8.9 Play Equipment,.,.. ..,". Pagp 20
Section 8.10 Siigns,...... ,,.'.......'.......P48,e 20
Section 8. I I Stoops, Driveways, Decks, Patio Areas and Storage Sheds.............. Page 20
Section 8.12 Siwimming Pools .,.,,......... .......,"....."Pa9;e 20
Seotion 8.13 Trash Containers end Collection .......Pa8;e 20
Section 8.14'l'ree Cutting,........... .,.Pa8;,e21
Section 8.15 Vehicles and Parking,,.. ..,................"P49;e 2l
Seotion 8.16 Air-Conditionors,..........,. ,.........'...,,...Pa9B 2l
Section 8.17 Window Treatments ,.Pag;e 2l
seotion 8.18 Guns '.Pag'e?l
Section 8,1 9 tlrainage . ...,,.,,,.......,'.Page 2l
Section 8.20 EufTer Arees ..,........... Page 2l
Seotion 8,21 Sight Distance at Intersections ,"'.,....Pa9s22
-Section
8.22 T'raffic RCgu1dtions............,,,., .......,,............... ......;,'...Pa9e22
Section 8.23 |lo SuMivision of [ots........,.., ......,,,,Pa9e22
Section 8.24 Leasing... .................,,Pa;9e 22
Section 8.25 Oocupants Bound.........,., ,"......,..,.,,,'.Page23
Section 8.26 Interpretation.........,...,,... .."...........,,...Page 23
Section 8.27 DeclanntExemption...... ....'.......'......Page 23
Section 8.28 Variances on Restrictions ...,.'...'....'..,Page 24
ARTTCLES r)L MATNTENANCE OF',LOTS........,......... ..,.,,,..Page 24
Section 9.1 Association's Maintenance Responsibility ".........""," Page 24
Section 9.2 Ovmer's Maintenance Responsibility ,Page 24
ARTICLE X. INSLRANCE.................... ...,........Pa9e25
Section l0.l Irrsurance on Common Areas...,.,......,. ,....,...,...,,.......Page 25
Section t0.2 Itrdividual Insurance..,,.... ,...............,'Page 25
Section I0.3 Additional Insurance Requirenrents, .Page 26
ARTICLE XI. MORTGAGEE PROVISrONS................,..... ....Page 2?
Section I l.l. Notice of Action........ ...............,...,.'.Page27
Section I1,2. Financial Records,......... ..................,Pa9e27
Section 11.3.NoPriority,...,....,..,....... .......,.,.........,Page27
Section 11.4. FruD/VA Approval ..Page27
Section [ 1.5. F'ailure of Mortgagee to Respond...,. Peg'e 27
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ARTICLE XU. AIVIENDMENT............,... .......'..Page 28
ARTICLE XIII" MISCELLANEOUS.... ............Page 29
Section l3.l Enforcement...
Failureof .......,.,.,.,.,.,.Page29
Seotion l3.2No Weivers.......... ......Page 29
Section 13.3 Duration.. ................,.,Page29
Section 134 Discrimination................... ....'......,,...P4ge 29
Seotion 13.5 Severabi1ity......,............. ....,,......,.,...'.Page 29
Section I 3.6 Perpetr,rities..................... ...................P4ge 29
Seotion 13.7 Judicial Proceedings,...,........ ............. Page 30
Section 13.8 Successors to Declarant.... .................Page 30
Seotion 13.9 Righca of Third Parties ..........., ..,....,.'Page 30
Seotion 13.10 Conflicts ."....,...........Page 30
Section I3.l I Gcnder and Grammar..... .,.. Page 30
Seotion 13.12 Captions ................."Pagc 30
Section 13.13NoMerger,.......... ...,Page30
Section t3.14 Preparer ..,,.............'.Page 3I
Seotion 13.15 Notices.. ..,................Page 3l
 EK:J3O. PG=?9
DECLARATION OF
COVENANTS. RI]STRICTIONS AND EASEMENTS
FOR FOX HALL MASTI]R HOMEOWNERS ASSOCIATION, INC.

THIS DECLARATTON OF COVENANTS, RESTRICTIONS AND EASEMENTS is madE by

Forstsr (USA) Real Estate Group Inc., a Delaware limited liability corporation (lhe "Declarant"),

WITNESSETH:
WHE,REAS, Declarant is the ownen, or has the consent of the owner, of all that tract or parcel of
land lying and being irr Land Lots 139 and 140 of the I'r Districq Coweta County, Georgia, as shown on
the legal description attached hereto es Exhibit "A". incorporated herein by this reference (the
"Property"); and

WHEREAS, Declaran! in developing a planned subdivision (the "Subdivision") to develop,

construct and build on the Property a residential single-family community, intends to irnpose on the
Property mutually beneficial restrictions and easements under a general plan of improvement fcrr the
benefit of the owners of each portion of the Property and to establish a proceduro for the overall
dovelopmenl administation, meintenance rand preservation of the Property; and

WHEREAS, in fu(herance of such ptan, it is desirable to crate &n ownerc association to own,
oprate, mainain and/or manage, as applicable, the Area of Common Responsibility (as defined below)
and to administer and enforce the covenants, resfictions md design guidelines imposed hereby; anrJ

WIIEREAS, it is intended that overy owner of a Lot (as defined below) automatioally, and by
reason of such ownership, becomes a mernber of the owners association and is subject to its rulgs and
regulations ond the assessments and charges made by the owners association;

NOW THEREFORE, D-eclarant does horeby subject the ?roperty tii ilre provislons of this
Declaration. This document establishes I mandatory membership in the Association (as deftned
below), but does not and is not intcnded to subrnit the Property to the provisions of the Georgia
Property Owners' Association Act, O.C.G.h. $ 44-3-22Q, et seq,

ARTICLE I.
DEFIMTIONS

As used in this Declaration, the following terms shsll have the meanings ascribed to them irr,this
Article:

Sectiorl L l "Addltional Propertf" shzll mean any real property lying end being withinr two
(2) miles of the hoperty which may be subsrequently submitted to this Declaration.

SectioL[l "Arehltectaral Coilrol Conmiltee" ot "ACC" shall mean a committee

consisting ofthose individuals appointed to have jurisdiction over consFuction on or within any portion
of the Property, including without limitation modifioations of structures, and responsibility' for
administation of design guidelines as more fully described in the Article entitled "Architectural
Control".
 EK=5JO5 FG:EO
Section 1,3 "Area of Common Responsibilig" shall mean the (i) the Common Atea, which
consists ofprivate streets, private ddves, sidewalks, enftance monuments, entrance gates, clubhouse and
recreational facilities, drainage and surface water detention facilities, and utility lines serving multlple
dwellings andl not otherwise maintained by the utilify provider, (ii) landsoaped areas of the Lots which
are outside of'any building, patio or area which is fenced or otherwise enclosed for the private use ofan
Ov,'ner; and (iii) any additional areas whichr by the terms of this Declaration or by contract or agreetmont
become the responsibility of the Association or for which the Association has detcrmined to maintain,

Sgtie4![ "Artlcles of Incoryoration" shall mean the Articles of Incolporation of the

Association filed wittr the Georgia Secretarry of State, as the same may bo amended from tirne to tirne,
and which is incorporated herein by this refbrence.

Section 1.5
"Assessmenl' shall have the meaning specified in the Artiole entitled
'nssessrnents", and shall constituie the assessments which, pursuant to the provisions of such Article,
shall be levied by the Association againsit all Lots each year for the purpose of raising the frmds
necessary to pay the "Annual Expenses" (as that term is defined in such Article).

&p!!9ll*6 "Associatlon" shall mean FOX HALL MASTER HOMEOW\IERS

ASSOCIATION, INC., a Georgia non-profit corporation, its successors and assigns.

Section L7 "Boord of DlrcclorsJ shall mean the board of directors of the Association which
is the govomirrg body and the body responsible for the administration of the Association, as provided in
this Declaration and the By-Laws. During the Development Period, the Board of Direotors shall consist
of three members unless the Declarant specifies otherwise,

Sectiorn-L8 "Bulldef' shall mean any Person who purchases one (l) or more Lots for the
purpose of co:nstructing improvements for later sale to consumers or who purchases one (1) or more
paroels of land within the Property for fiurLher subdivision, development and/or resale in the ordinary
course of such Person's business. Any Penlon occupying or leasing a [,ot for rcsidential purposes shall
cehse to bc Oon3idered a Builder with ibspebt to slich Iof iniiiiietliateli dpon ocouitdhey df the Lot for
residenlial pulposcsr notwithstanding that $uch Person originally purchascd the Lot for the purpose of
constructing irnprovements for loter sale to (gonsumers.

Sectiorl!.9 "By-Lah,s" shall mean the By-Laws of the Association, attached hereto as
Exhibit "B" and incorporated herein by this refernce, as the ssme may bo amendcd ftom time to tine,

Section l.l0 "Comnton Area" shall mean, singularly or oollectively, as applicable, all land,
improvements and personal property owned by the Association and other properties which hereafter
shall be deoded to, or acguired by, the Association for the common use and enjoyment of the Owners,
In addition the Association may obtain Connmon Areas by lease, A general description of the existing
Common Area is attached hereto as Exhibit "C" and incorporated herein by this referonce.

$eptiort l.l I "CommunlE l(ide,Standsrt' shall mean the sandard of conduct, maintenance
or other activity generally prevailing ti.noughout the Property. Sucb standard shall initially be
establisbed by the Declarant and may be more specifically determined by the Board of Directors or the
Architech.nal Control Committee.

SectioJ I .12 "County Cleilf' sball mean the Clerk of the Superior Court of the county where
the Property is located,
 BK:3595 FE=81

Sgtioil,l l "Dec&'r shall mBn any open (not covered) deck that is constructed as part of the
construction of a [,ot.

Section 1.14 "Declaronf' sball mean Forestar (GA) Real Estate Group LLC, a Delaware
limited liability corporation and shall include any successor or assign who shall acquire any portirrn of
tlre Property lbr the purpose of development and/or sale and who is designated as the Deolarant in a
recorded instrumenl executed by the immediatnly preaeding Declarant; provided, however, that there
shall be only one "Declarant" hereunder at any one time. In addition, should any of the Proporty
becorne subjeot to the lien of a security instrument given by Declarant as security for the repaynentt of a
construction or development loan, then all rights, privileges and options herein roserved to "Declarant"
shall inurc to the benefit of the holder of such security instrument upon its becoming the owner of such
property thert subject thereto through whatever mearts, or the purchaser ofall such proPefty at ajudicial
or foreclosure sale made pursuant to any power ofsale contained in the security instrument,

&@nlJi "Declaratlon" shall mean this Declaration of Covenants, Restrictions and

Easements, as the sarne may be hereafter anrended or supplemented.

Sectiour l.16 "Development Pefiod' shall mean the period of time during which the
Declaraat owns any propefty that is subject to this Doclaration or has the right to subject Additional
Property to this Declaration pursuant to Arlicle II, The Declarant ma5 but shall not be obligated to'
unilaterally relinquish its rights under th{s Deolaration and termingte the Development Period by
recording a written inskument with the County Clerk.

Eggtiqtl-Lfi "Drivewalf' shall nrean the driveway extending from a strcet to a residenco
located on a Lot.

Scction t.l8 "Improved Lol' shrrll mean a L,ot (i) upon which there is located a structure for
which a certificat of occupancy has been hsued by the applicable govemment authority, and (ii) which
haS b-eon sold to a Person who is not th Declararit.

Sectiorr Ll9 "Leaslng!'shall rnean the regular, oxclusive occupancy ofa Unit by any Pe,rson
other than the Owner, for which the Owner receives any consideration or benefit, including without
limitation a fee, gratuity, payment or consideration of any type or kind.

Segliorr 1.20'Zot" shall mean each portion of the Proprty that has been subdivided forr use
as a single'farurily dwelting site as shown on the Plat whether or not imprcvcments are constrtlcted
thrEon,

Sectiorr l.2l"Mentbef'shall mean I Person subject to Membership in the Association

pursuant to Article IV hereof.

Section 1.22 "Modgage" shall mean a mortgage, deed to secure debt security deed or other
document by means of which title to any Lot is conveyed or enoumbered to secure a debt, and a"Flrst
Morlgoge" is any Mortgage which is prior trc any othor Mortgage and seounes a loan which was initially
made by an inlititutional mortgage lender regularly engaged in the business of making home loans. A
"Mortgagee" is the holder of a Mortgage.
 ETK:33OE. FG:$3
Seclion I 23 "Occapanf' shall nlean and refer to any Person staying overnight in a Unit for a
total ofmore than thiay (30) days, either consecutive or Donconsecutive, in any calendar year'

Section 1.24 "Owner" shatl mean any Person who is a reoord owner by purchase, transfer,
assignment or foreclosure of a fee or undivided fee interest in a Lot; provided, however, tJrat any Person
who holds such interesl merly as security 1[or the performance of an obligation shall not be an Owner.

SEC!i9!_125 "Patio Atea" or "Falio" shatl mean the poured concrete area which may extend
from the rear of a Lot if part of the original construotion of each such Lot.

Sectionl.26 "D(rsorr" shall mean a natursl person, corporation, trust, partnershiP of eny
other legal entity,

Section 1.27 "Plaf' shall mean any plats for any portion ofthe Property, and any amendnnents
to such Plats, 'which are hereafter reconded in the County Clerk's plat book records,

Section L28 "Sloop" shall mean the front stoop that may be construoted as part ofa building
or dwelling on a Lot.

Section L29"suppleuental Declaratbn" shall mean an instrument filed with the County
Clerk which irnposes additional rstrictions and/or obligations on the land described in such insEument.

Sectio'n l.3Q "Unlmpruved Lol' shall mean any Lot that is not an Improved Lot.

Sggggql*fl 'ofl2ff' shall mean zr Lot end the dght to cast a single vote as the Owner of a [,ot
and a Member of the Association.

ARTICLEII.
PROPERTY SUBMITTED TO TEISDECLARATION

&g!tSq2.f Lots Hereby Subj$ted to this Declaratjon, The Declarant, fot itself and its
successors and assigns, does hereby subjcct the Propcrty and the Lots to this Decleration. The Property
shall hereafter be held transfened, sold, rconveyed, used, leased, occupiod, mortgaged or otbetwise
encumbered subject to all of the terms, pr<rvisions, liens, charges, assossments, easements, covenants,
sgreements and restrictions set forth in this Declaration, including, but not limited to, the lien provisions
set forttl hereirr which art for protecting the valuo and desirability of, and which sholl run with title to'
the Property horeby and hereafter made subject hereto and sbatl be binding on all Persons having any
right, title or intercst in all or any portion iof the Property now or hereafter made subjeot hereto, their
respective heirs, legal reprsentatives, successors, successors-in-title and assigns and shall inure to the
benefit ofeach Owner ofall or any portion lhereof.

Sgctjon.?.2 All Lots Bear the Eurdens and Enioy-the Benjfits of this Declarqtlon. Elvery
Owner, by taking record title to a Lot, agreos to all of the terms and provisions of this Declantion.
Each ofthe tots is subject to all burdens, and enjoys all benefits, made applicable hereunder.

Section 2.3 Annexation of Addirtional Prope4v. Ttre Declarant may, at any time, and from
time to time, druring the Dovelopment Period, subject all or part of any Additional Property to the hrrms,
pmvisions, liens, charges, eesements, coveinsnts and restrictions of this Declaration by executing and
 BK:33O8. FG:63
recording with the County Clerk e Supplemental Declaration or any amendment to this Declaration
describing the propeny being annexed. Deplarant further has the right to convey to the Association any
Common Area or additional Common Arcas contained within such Additional Propertyn the
maintenance of which will increase the rlnnual Assessment as provided elsewhere herein and may
increase the amount of Annual Assessment whioh shall be levied against oach Lot,

From and after such recording the annexed property shall be held, transferred, sotd, conveyed,
used, leased, occupied, mortgaged or othr*wise encumbered subject to all of the terms, provisiions,
liens, c,harges,, easomentsr covenants and n:strictions of this Declaration, including, without limitlrtion,
all lien and a$sssment provisions set forth in this Declaration, and all of the terms, provisions, liens,
charges, easernents, covenants and restricti,ons set forth in this Declaration shall be a permanent charge
on, and shall run with, such Additional Properfy.

No approval from any Member of the Association, or from anyone else whomsocver, shall tre
required for the Declarant to subject Additio al Ptoperly to this Declaration.

Sectiorn2.4 Other Annexation. Upon the written oonsent of (a) the owner(s) thereof, (br) the
Declarant if during the Development Periocl, and (c) the Owners of at least fwo-thirds (73) of the Lots,
the Association may annex real property to the provisions of this Declaration and tbe jurisdiction o,f the
Association by filing a Supplemental Decftuation describing ttre property being annexed for recording
with tbe County Clerk. The annexation shall be effective only upon the filing for record of such
Supplemental Declaration, unless a later effreotive date is provided for therein.

Section 2.5 Withdrawal of Proloerty. The Declarant neserves the right to amend this
Declaration during the Development Periorl for Ore purpose of removing any portion of the Propcrty
from the coveragc of this Declaration. Declarant may also withdraw any psrt of the Property by
deeding or dedicating sam to a goverruoental entity or utility company or provider as required or
deemed necossary in Declarant's discretion, and such propeny shall no longer be subject to this
Declaration. Such amondment shall not require the oonsent of any Person othsr than the Owner of the
prbpdrty io be ,withdniivn, if same is not the Dectrirant.

Ssction2,6 Additio.nal Covenanrls. Restrictions and Easements. During the Dovelopment

Period, the Declarant may unilaterally subject any portion of the Property submitted to this Declanrtion
initially or by Supplemental Declaration !o additional covenants, restrictions and easements erLd/or
amend or modiff the applicability or language of any of the covenants, restrictions and easemrents
contained in thiis Declaration. Such additional covenants, conditions, restrictions and casements may be
set forth in a Supplemental Declaration or I separate declemtion of protective covenants or other sirnilar
document. Any such document filed by the Declarant may supplement, create exceptions to,, or
otherwise modi$ the terms of this Declaration as it applies to the subject property in order to reflect tbe
different character and intended use ofsuch propsrty, During the Development Period, no person shall
record any declaration ofcovenants, conditions and restrictions, easements or sirnilar instrument against
the Property without Declarant's review andl written consent, Any such attempted rpoordation witlhout
such consent shall result in the instrument being void and of no force or effecl unless subsequently
approved by written consnt signed by Declannt and recorded in the records of the County Cl.erk. No
such instrument rcordd by any Person other than the Declarant pursuant to this Section may conflict
with this Declaratioo, the By-Laws or the Articles of lncorporation.
 EK:33O8 FG;04
ARTICLE III.
ASSOCIATION PROPERTY

Section 3,1 Corqmon.AreP aq4Association Property. The Declarant shall have the right to
transfer and convey to the Association any portion ofthe Propirty. Alt portions ofthe property ivhich
the Declarant shall so transfer or convey to the Association shali thereafter constitut Common ,Area.
Said right may be exercised by the Declarant any time, and from time to time, during the Development
Period.

Common Area shall bo conveyed to the Association by limited warranty deed, Aee of debt
encumbranoe, subject to the rights arnd easements which are recorded wittr the County Clerk,
irrespeotive of-and
whether the deed of convr:yance shall make a speoific reference to such rllfrrc and
easemeffs,

SecliStf.2 Member's Rights in Assooiation Propprty. Every Owner of every Lot shall have
a non-exclusiveri and uso in and to the Common Area and such right
and easement shal ss with, the title to the Lo(s) owned by such Ownir.
The right and ease e Common Area are and shall be subjett to the riights
and easemcnts wbich ue described in this Dootaration and to the right of the Association to promulgate
reasonable rukrs and regutations regarding tlne use of Common Area, and the right of the Assbciation, as
provided in the By-Laws, to suspend the enjoyment rights of the Owner of any Lot during any period in
which any Assessment which is due to the Association lhom suoh Owner rpmains unpaid, and suoh
period as the Eloard of Directors may consirrler appropriate for aay infraction of its puUlished nrles and
regulations,

lfhe Board of Ditecton may permit other persons who are not residents of any Lots to use the
lomm9n Area upon such terms and oonditions, and for the payment of such fues, us shall be
determined by the Board of Directors,

Any Own& may delegait to the rnembers of his fariily or his tenants wh6 reside ofi an
lmproved Lot, iin eccordance with the By-Laws, his right to use and enjoy the common Area,

Sectjon 3.3 No Partition. The Common fuea shsll remain undivided and no Owner shall
bring any action for partition or division of thc whole or any part thereof without the written consent of
all Owners of all portions of the hoperty and oll holders of all Mortgages encumbering any portion of
the Property.

Section 3.4 Condemnatilrn. The Association shatl be the sole represenlative with respec;t !o
condemnation proceedings conceming the Comrnon Area and shall oct qs attorney-ln-fact ?or all
Owners in such matten. In the vent that any part of the Common Arca shall be taken Ly any authority
having the power of oondemnation or eminent domein ot conveyed in lieu of and undei threat; of
condemnation, the Association shall restorc or rcptace the impiovements on the remeining lnnd
included in the Common Area to the exten! availabte and reasonably feasible unless: (a) during ttre
Development Period, the Doclarant instructs otherwise, or
@) after the Devolopment Period, the Bioerd
of Direoton and the Owners of a majority of'the Units votes or approves otherwise. The provisiorul of
Subsection 3.5 below regarrding funds for tbe repair of damage ordestruction shall apply. If the taking
or conveyance does not involve any improvements on the Common Area, or if a decision is made not to
repair or lEstore' or if net funds rcmain after iany such restoration or replacement is complete, then such
award or net funds may be wed by the Association for such purposes as the Board ofDirectors shatl
 BK:J5O6 FG;68
determine' During the Development Perirod, the Declarant
may authorize and make a conveyance of
portions oli ore Common Area to entities having
the power of eminent domain under threat of
oondemration by such bodn and after the Developrnent
Period such a conveyanoe must be auth'rized
by an aflirmative
vote or approvar by owncrs of no less than a majority
oitrr.'t otr.

e damaged or destroyed improve,ments.

ull be repaired or reconsFucted unless it shall be decjded

revelopmenl period, or (b) after the
Development periodl, the
lfthe Units. In the event tlat it shall be so decided not to
insurance proceeds as may become payable to the
n shall be retsined by and for tlre benefit otithe
account, This is a covenant which is also for the
: Mortgagee of any affeoted Lot. If the insurance
or rcconstruction, the Board of Dirtctors rnay,
s to cover the shomfall.

If thc U.S. Department of Housing and

y Lot or the U.S. Departnent of VeGrans

and drainage facilities and for other puqposes not

. rrea, without tbe approval of tlre Membenhip.

Associstion may, from time to time, take steprj to

reas of the Prcperty; provided, however, neither
security on
NEITTIER
y wHoMsoEvER rHAr Ar,ry #Jr*ll}
HE ASSOCIATION OR AN OWNER WILL IN
ONAL PROTECTION OR SECUNTY TO A}.IY
ESSIONS OR TO GUESTS OR I}WITEI]S.
BY THE ACCEPTANCE OF ITS DEED lTO
RISK AS BETWEEN SUCH OWNER AND TTiE
Y LOSS OR DAMACE TO PERSON C'R
G FROM ANY DEFICIENCY, FAILT]RE C'R
R\ryISE.

:claranJ or the Association may, but shall not be requined

dcular access to strets located within dhe property (the
lot, each Owner shall acknowlodge and agree io'the
 BK=55O. FG:EIE

(a) The Board of Directors, vrith the aonsent of the Declarant during the
Development
Period, shall dletermine when the Gate System shall
be oprational.

(b) Neither Declarant nor the Association shall be responsible for the
security of owners,
shall
n the
;OR
ATE
SYSTEM WILL IN ANY MANNER WH
SECURITY TO ANY owNER oR ocl
GUESTS OR INVITEES, OR TO ANI
ACCEPTANCE OF ITS DEED TO A LOT, SHALL HEVC
IdSUT,ATO THE ENTIRE RISK AS
BETWEEN SUCH OWNER AND THE DECLARANT OR THE
ASSOCIATION FOR ANY LOSS
OR DA]\4AGEI TO PERSON OR PROPERTY WITHIN THE PROPERTY
AzuSINC FROM ANY
DEFIC]ENCY, FAILURE OR DEFECT IN THE GATE
SYSTEM OR OTI{ERWISE.

- G) All govemmental authorities shall have access to the Property for law enforcemrent,
and omergency Purposs' Each owner shall look
;afety solely to the applicable govemmental authority
for the provision of law enforcement and police protection,

(d) The Gate System will be installed based upon the representations
of vendors rcgar4ing
the operation and pedormance capabitities of the components
of the Gate system.

SOCIATION DISCLAIM ANY AND ,A,LL

llif,:,h'.il,,iT53F,?;-tIB^ffi EdB
ITATION, ANY IMPLIED WARMNTY OF
PURPOSES FOR WHICH IT WAS DESICNED.
mpliedly guariutee that the Gdte Syifterfr will rivert
te System is designed to avert or prevnt.

(0t lfhe Gate system--shall b owned, operated and maintained by the

Association at its sole
cost and expen'e. Declarant shall not be required to operate
or maintain the bate system.
(g) [nch owner slratl use the Gate System in the proper manner and within the
rules and
regulatioru relating thereto as may be adopte.d from time to timi
uy tt. gor.Joioirroto,s.

ARTICLEIV.
TITE ASSOCIATION

Sectipn 4J The. Association. The ociation to be formed and

the Association ,exists under its erticles of
Ths Association shall be
responsible for and have authority for the ma
as, the enforcement
of tihe
oovenants and De
services as are he;
the best interes
 EK:f,395 PG=BT
and regulations regarding the ownership and use of the Property and the compliance with this
Declaration.

Sec!9q42 Membership. Every Owner of a Lot is and shall be a Member o1' the
Association. 'Ihe foregoing is not intendecl to include Persons wbo hold an interest merely as security
for the performaoce of an obligation, and the giving of a socurity interest shall not tirminate the
Owner'ls Mcmbership. In no event shall Mtmbership be severed from the Ownership of a Lot.

.SEElsn a'l Votins Riehts. Each Owner of a Lot shall have one (1) vote for each l.ot owned
as a Member of the Association. If there is more than one Owner of a Lot, then a majority ott the
Owners m8y oast the vote for the Lot, provided that if any Owner appears at a meeting and ciaims to
rePresent the other Owners, he or she may exerciso the voting rights appurtenant to the Lot.

Section 4.4 The Membership rights of any Mernbi:r of

the Association, includ uso any clubhoust oireueational facility of
the Associatiorr, may be suspended by the Eloard of Ditectors for violation of the published rules orf the
Association, non-paJment of Assessrnents or pursuant to the authorify granted in the ey-Laws. Any
such suspension shall not affeot such Member's obligation to pay Assessments coming due during; thi
period of such suspension and shall not allbct the permanent charge and lien on tho Member's Lot in
favor of the Association.

Section 4.5 Notice of Sale. Lease or Acqgisition. Prior to the sale or lease of a Lot, the
Owner shall ptovide the Association with written notice of the namo of the purchaser or tenanl, as the
case may be, and such other infotmation as the Board may reasonably require .
Upon acquisition of a
Lot, each new Owner shall provide the Asiociation with written notioe of the nume, mailing address
and telephone rrumber of the Owner, the nanps of the Occupants of tho Unit and such other information
as the Board of Directors may reasonably require. All Owners shall notifi the Association of any
change in name, addrcss or telephone number,

Seg!ibL4'6 MEptings.of fte Mernbership. All mattprs c'ohceming rhe mertings of Memllers
of the Association, including the time and the manner in which notice oflny said mJeting shal be
given to Members, the quorum required for the transaction of business at any meeting, anJ the vote
required on 8ny matter shall be as specified in this Declaration or in the Articles of Incomoration or the
By-Laws, or by applicable law,

SectioL4.T Whenover approval o{, or

by,
action or inaction to or oalled for in this Declaration, suoh action,
inaction or appr,oval shall be by the Board oll Directors of the Association, unless it is otherwise stated
in tbis Declaration, the Articles of Incorporation or the By-Laws. Nevertheless, the Board of Dircctors
shalt delegate.atrthority to the officcrs of tho Association as is oustornary for corporate oflcers and the
ACC as providerd herein, and the Association may from time to time ielegate parts of its rights 4nd
responsibilities to the ACC, or to one or mote com bv
be
ion
to

. .. - . Sgotiot! 4r$ Elgctip.n of Board of Direotors. The Board of Directors shall consist of three (3)
individuals and shall be appointed or elected as follows:
 EK:J3Or5 FG:Sg
(a) than fifty percent (50%o) ofthe Lots have been sold to and are
or the Declarant, rt r p..r.*ni u.
;Ht*:t"iil 'rtul
entitled to afpomt ari

(b)
Lots are sold f the
entitledr to ap ll be
electe.d by a I ll be

y Persons other than

embers ofthe Board
of a quorum of the

(d) After the Development Period, the Members shall elect

the Board of Dircotors by a
majority raote of a quorum of the Members ut. outy cailea meetinl"iti,
rni".u*r.

ttherwise, except for their own individual willlful

nal fraudulent activity. The olficers, directors
bility with respeot to any contract or,orther
of fie As-do-ia-tion and rhe Association slhal

Section zl.l0
o to'
obtain andl pay for the
anypart thereof, as the n, or

a
request of with the
certi
written nt of the
then owned whethrer
y the Lot Owner under this Declantion. The
Directors, may charge a reasonable fce for tlhe

t0
 EK:JJO6 pG:89
ARTICLE V.
ASSESSMENTS

5'1.
Section The Assessments leviod by the Association pursuant
shall
to this Article and expenses which the Association shall incur in
connection wior the and responsibilities pursuant to this DeclaratiorL, the
s (such costs in referrrd to as the

:'"5J'#.'Jl,
Common
of
ilffitrTiriT:
Association,s ,other
operations; psyment of the premiums for all
obtaincd by tlhe Association; the paymenrt of
Directors shall employ; paymnt ol fees fir th
services as the Board of Directors shall determi
limited to legal, accounting and architectural se
Board of Directors shall.deem neoessary or desirable to promote tlre
hoalth, safety and welfare o,f 1re
Associstion and its Mombers.

Septiorr 5,2 Cryetio-n of Lien a{rd Personal Obligation. Eech owner, by acceptance of a
deed or other conveyance of a Lot, covenants and us.e.s to
tay to tt e Association all Assessments and
charges which are levied. by th_e.Associaticrn againsl the r-ot1s) owned
by ,ucrr person in acoordanoe
with the terms and provisions of this Declaartionl

sunrs lawfully assessed by the A,ssociation against any Lot and the Owner therpof,
6ogether
with interest thereon and the costs of collection thereof,-shall, from the time the
sums become due and
PaYab fsuch Lot an n favor of
the A to all other the liens
imPos following: ( n the llot;
(2) tho lien or security title-of any First Mortgage covering-thcL,ot if, and only if, all Assessments and
charles wi-th reipect to such Lot authoiizid lhirJin having:a aue aate Ln or prl6.
,o the date of the lrirst
3) the lien of any Mortgage recorded prior to the
at at such time as the holder of a Mortgage which is
ion or the purchaser at foreclosure sale ofany such
t shall be subject to the liens imposed by rttris
or acquisition of title.

Section L]9f. Determjnstion Alrnual Assessment and

Shares Thereof, to the prior
commencmentofeachfiscalyearofthe.Association@s!theBoardof
Directors shall estimate the total amount of thc Annual Expenses which
by the Association during such fiscal year and shall deteimine the am
during such fiscal year into reserve funis maintained by the Associatjon.
thereupon
ldopr a budget for.the Association's expendiiures and reserves based upon such estimate and
providing for the total annual assessment to tB levier against the Members
of the Association for such
fiscal vear (the total **T:::#:i"rl,rlnlil,rt so determined and levied for any fiscat year is herein

r of (i; the iate th l":

Lot is purchased t )ts
The Board of Dir it,
together with a writen notice of the amount of the Annual Expenses so determined for such fiscal ycai

ll
 EK:33O6 PG:9O

':':Til;ni',i"H';i:fi :-iiT;J':#I'^T
"ffi to be due and payable in full to the Assoc,iation
tors
every Lol owned by the delinquent Member, which
then Owner, and his heirs, devisees, successors and
rsonal obligation of the then Owner to pay such
and shall also pass to his successors in title. Such

e extent that sufficient funds are generated by

such notes, if any, shatt be at the prime FbtL
e no!e.

of the Board to fix the Assossmenr amounts orr to

ot be deemed a waiver, modification or roleaser of
In such event, each Ownor shaln continue to pay
for which an Assessment was made until a new
collections may be assessed retroactively by the

l3
 BK:3306 FG:91
and the amount of Arnual Assessment which shall_be_levicd
against each Lot, to the owner of every
Lot' The amount of such Annual Assessnrent bich shall ue rJvieJ eacn mt shall be due and
payable to the Association in a single payment "g"in.tthe Board
or in such installrnents-as of Directors shall
determine and shalr be paid to the Associatiion when
due without further notice .

If for any reason,

ns liable thereforp, the
inadequate to defray the
ne that it is in the best intorests of the Association to lew
ital improvements or capital repairs, the Boad of
assessment against the Lots and the Owners thereof
nt levied by the Board of Directors pursuant to the
mes and such installments as the Board of Directors
nt ofan equal share ofevery special assessnrent
provisions of this Section,

grounds for any action against the Association or

ver of the Board of Director's right to exercjse its
t to Eny expenses,

- 9pon the establishment_o_fa spec Section, the Board shall send wrirtten
nolibe-of the amount and due <Id-td oisu
(30) days prior to the date suoh specific
the aflected Owne(s) at let$t thifiy
a

. Upon the first transfer of title

en issued and eaoh resale thereafter, there may be
a special assessment against such Lot as sot fncm
Such amount shall not exceed the greater of
nual Assessment which shall have been levied
transfer of title shall take place, lhe
shall be so roceived by it pursuant to this
e in connection with capital repain and
rmprovemnb.
Section 5.7 Effect of Non-pa],menl .

nts, and in addition the entire emount of sur:h

l2
 EK:5395 PG=q2
ARTICLE VI.
ARCHITECTURAL CONTROL

Seelion6I ConstnrctionRestrictions.

(a) Itto building shall be constructed on any Lot unless such building
meets alt square footage
and other requirements that may be set forth in the plats,

(b) Itlo struotur olher than a fenco shall bo construcied, placed or

installed upon any lnt in a
location whic'h encroaches beyond any ftorrt, side, or rear building
setback line which is depicted crn the
Plats' No fence shall be cgn1rr19r9d-or erected upon any tot in
any location without tt u p.io, writt n
approval of the ACC, No chain link fences shail be
erectld or maintained on any Lot,

Section 6'2 No ConPina{o4 ojl

!otq. Contiguous Lots may not be combined together
without prior written consent of tlre Board ofDTlrectom.
ln the event that the Board of Directors does
fter be deemed to be a single Lot fcrr all
forcgoing, the amount of Assessments for
I to the total Assessments for whioh all of
such combination not taken place.

-. Sectioq 6.3 Archjtectural Contr

applications under this Article shall be hanr
of which need not be Members of the Asso

ohitects, engineers or other professionals.

on over dII cons.tructio anv

the obligation, to pr *i
ines and s'landards are icle

clarant shall have the right to appoint, nemove

serve at the pleasure ofthe DeclaranL Thcre
exoept in a written instnrment in recordable fc[m
nender of such right, the Board of Dirpetors shall
er srre and may be removed at the pleasure of the

Section 6.4 Arrhitechual Conhol.

interior porches, patios or similar portions of a

l4
 EK=33O6 F6:9J
structune which are visiblefrom outside the Lot) shall be any
Lot until complcte and final plans and specifications setti d or
othenlise required by the ACC shall have been submitted . In
the event the ACC fails to approve or disapprove such design and location within fifteen (15) business
days after said plans and specifications have been submittid to it, such approval shall be deemed to
have been given; however, the ACC may require submittal of reasonable'additional information or
submittals by 'the applicant by giving written notice to the applicant within the fifteen (15) business day
period and in such event tlre fifteen (15) business day approvat period shall then be extended untit te;
(10) business days after such additional materials are zubmitted. The ACC may pr-approve certain
house plans for use in the Subdivision,

&) Unless waived or modified in writing, the plans and specifications, which must be
submitted to *re ACC prior to the commencement of any sucl work upon any t ot shall contain at
least
the rature, kind, shape, height, materials, oolog texture and location of such structurc,
alteration or
landscaping and such other information as the ACC may reasonably request in order to render a
deoision regarding the harmony of the exteriior design and glnoral qualiiy wiih the existing
standarcls of
the improvements located on the other L,ots, and lo.aiion in relation to surrounding Jtructurcs and
topography. "r-to

beharr
alterati
.:I[T"#il:#:':ffi'3l:fl,""1
a Iot is in compliance iittl it
provisi to whether the iame is in such"
compliance with this Article VI.

(d) In the event that any co n or land or

performed upon any Lot without appl n first m in
accordance with this Section, said work be in vio the
Prson upon wbose [,ot said work was undertaken or performed may be required to rostore to its
origin:al condition, at hii sole ertd<vn -or
performed. Upon the failure or
herein, the
ACC, or their authorized agents rson, enrer
upol tho pmperty upon which su rstoratiion
as the ACC, in the e ay deem necos porson upon whose
Lot such restorstion erformed shall the Association for
all direct and irrdire ation shall inc of such restoration
wor*, including without limitation reasonable attomeys fees, and the liabitity for such oost shall be
secued by all the liens, and shall be subject to ttre iame means of collection as the Assessments,
provided thr in this Declaration. Such costs shall be paid to the Association by
the person liable for the
same at the same time as the next due Annua,l Assessment payment, or at
such earlier time, and in such
installments, as the ACC shall determine. Without limiting any of the foregoing,
the Assooiation may
bring.l lawsuil to enjoin any construction irr violation of *linrtict" VI Jr to-compel restoration or
compliance wittr this Article VL In addition to tlre foregoing, the Association rnay
levy fines on
Members who violate this Article V! provicled that such fr'n.r-"r" (i) reasonablc in amount,
and (ii)
were previously published as part of the rules of the Association.

(e) The ACC may require the Owner desiring to construct or modify improvements to pa:y a
performance deposit to the Association to be hetd v ithJut interest until
oompietion ofconstruction in
accordanco with the approvod plans and to be used to remedy any violation ofihe
approved plans,

l5
 EK:JJO. FG= 94
Section 6'5 Declatalrt Exelnption. Notwithstanding anlhing stated to the conhary
herein,
nothing contained in this Article shatl be construed as prohibit-ing
iny"-onri*rtion, alteration, adrJition
or removal by the Declarant uPon sny Lot while such
Lot is ownJd uy the bectarani, e1y .onrt.ocorr,
alteration, addition or removal performed by the D_eqlgant
the Declarant shall be exempt from the prouision, of this .rnon .nf rot *trir" such Lot is owned by
Article.

. Notwithstanding anything stated to the

pment period) and the Board of Dirtctors have the
y of the provisions of this Articlo if either detemrines
in a particular case is dictated by unique
natural obshuctions, hardship, aesthetic
ot be inconsistent with the overall scheme
(a) be effective unless in writing, (b) be inoonsistent
roperty, or (o) estop the Declarant or tbe Board of
mstances. For purposes ofthis provision, the
tle issuance of any permit, or the terms of any
variance.

Approval of proposals, plans and

, or in connection with any other matter
waiver of the right to withhold approval a,s to
s, or other matters subsequently or additionally

ARTICLE VII.
EASEMENTTI OVER TIIE PROPERTY

$i'Ction 7'1 la*iileitts o*rasssrciation Property. All '-

Common Areas shall be subjeot to,
and Declarant and the Association ao tt"r"uy gr""t, tdm;tng r"*r.nt i-
(a) -easements Strown on.pl*s. The Property shall be subject to all oasements, bordeis,
like which ar" shownindlepioted on thaPlar as affecti'ng ana
uuraening aJ pr"p-i.ri
*ffi:ffi|"
Declarant does hereby grant, convey,
right-of-way easement for vehicular ornd
s the private streets and alleys located within rthe
the Association, any Builders and subcontactors

successors, assigns, families, tenants, guests,

lioensees, agonts and invitees. These easements shall be
appurtEnant to and shell oass with title to every
l,ot, whether or not included in any ceea, subjoct to the
right of the Declarant or'the Association to oe,licae
or transfcr all or any part of the common Areas to

t6
 EK=33O6 PG:95
any public agency' authority or utility comtpany for such pulposes in accordance with the proviskrns of
this Declaration.

(c)
exclusive use
incidental to
without limitation business oflic
be exercisable by Declarant and the Declarant shall authorize to exercise the
same, including without limitatio - . brokers and Builders and their subcontactors
of whether such

'ltl:1";fi%Si
uant relinquishes
shall do exist withow affecting the obligation of the Owner of any Lot to pay
anLd
Assessments or
chargos coming due during suctr
firioa of time as portions of tbe Common Aria-shall be used by
authorized persons pursuant to the exercise ,ofthe easements herein
stated,

I
declarp'
i
create,
t ol'the
Membor without
||mtratto
her Lot
over tho
to use ar
with the
Articles
all orar
purposes

(e) Declarant Activlties. Notwitl'rstanding any provision oontained in this Deolaration,

the
s thereto to the eonftry, until the explration
e for Declarant, and any Person authorized
portion of the Property as Declarant may deem
sonably be desired by the Declarant and such

iif 'i,l[,"i'i,'iiltTjiil*TlT,l'J;#H,filf
1o tie into and/or maintain, replace, relocate rand
e for doing so) which provides utility or similar
hone, nalural gas, water, sewer and drainage lines
r over the prope(y; the dght to cary on sales urd
iht to construct offices, signs,
Declarant under this subsection shau turther -*rd.?lfi
theentrnce gate unlocked and open during thre sales offibe hours.'
il:r?ff1 :Lry,:L.:il

72
section
does
cojnvey,
hereby grernt,
tomporary easmcnts
Ernd
and
subcontractors authori

t7
 EK:33O6 FE='-tt,
. (a) Fn!ry. Each Lot shall be subject to an easement for the entry by the authorized agents
and rcpresentatives ofthe Association to go upon such Lot under such circumstances and foriuch
purposes as are described elsewhere in this Declaration.

. (b) Maintenance, Reserved for the benefit of each Lot is a reciprocal appurtenant easement
betweEn all adjacent Lots for the purpose of maintaining or repairing the improvemLnts looated
on each
Lot' wlhich easement shall extend to a distance of nvl 1S; feet ai measured from any point on the
cornmo'n boundary between the Lots, but not within the interior of any rosidence conitructed on
an
lmproved Lot. The Owner exercising this easement right shall be responsible and liable for the prompt
repair of any damage to tho Lots ovor udrich this easement is exircised which arises our of s;h
maintenance or repair work. Each Lot shall be also subject to a perpetual easement in favor o,f the
Associartion arnd its contractors for the malntenanoe of tire Lots as prwided for in the Article entitled
"Maintonance of [.ots" herein. These easements shall be used only for such period of time as is
reasonably necessary in order to completo the maintenance or repair,

^ ol(c)
favor
Slooe Control. Each Lot shall be subject to a perpetual easement for slope oontrol in
thc right to gradj and plant siopes and prevent the doing of any
activity opcs oi'which might create erosion or tiiding problems o'r u,hi"it
might cl nage flow.

. lldl Surface Water Drainage. Each Lot shall be subject to a perpetual easment in favor of
the Association and all other L,ots for the dnrinage ofsurface waiers over and'rrrog such Lot,

(e) Utilities. Each Lot shall be subject to I perpetual easernont in favor ofthe Declarant, the
Association, and authorized builders and subcontractois, as well as any public utility company, water
main, water services, sewer services or cable compeny, for the erection,'installation, consthciion
and
maintenurce of wires, lines, conduits, and attachments-both sbove and beiow ground in connection
with
ae or satellito dish, television
subject shall inolude the right
trmt to timE as necessaTi'iri
order to perform repair and maintenance work.

,"iffi :,1T:f il:il:T:ffi T,'r#ffi *:f;

land ten (10) feet in width located along those
eter of
ing ng
rovi on
etpr and/or screening wall or fence.

G, Consnuction and.Bgundarv Line Imorovemonts. Each Lot shall be subject to I

oemporarJ/ Construction easement in favor of the Declarant, authorized Builders and subcontraotors, end
adjoining Lot Owners for construction activities on any Lot, including, but not limited
to, installation of
boundary line irnprovaments such as walls, fences and hedges. eny i-mprovement made
by an adjoining
Lot ownrr shall be subject to the arphitqltural connoi- provislons'conained horoin and must be
approved by Declarant or tjre Association, as applicable, prioi to installation.

$e:ctlon'tf Reasonable Use of Easements. The easements hereinabove granted shall be

used end rlnjoyed in such o msnner so as not to unreason&bly interfere with or obstnrct the rcsidential

l8
 E!K=3508 FG:97
use of rmy Improved Lot and except in the case of necessity shall not permit the errtry into a nesidence
on a Lot.

ARTICLE V[I.
IIESTRICTIONS

In order to provide for the maximunr enjoyment of the Lots by all of the residents thereof
.- arrd to
provide protection for the value of the same, tireuse of the Lots shail be
restricted to, and shall be in
accordance with, the following provisions:

- . lSqction8'l Residential Use. All of the Lots, attached or detached, shall be rcstricted
exclusively to single-family residential use. The term'single-farnily" is
defined as no morc than four
unrelater dults. No Lni shall at any tirne be used for any
ithsanding rhe foregoing, however, nothing sei
loTilT
promoti< f,#'jr;;ftJ.tril'",il9
located on such Lot as a at such uso does not creati
or employee traffic tloand m the Lot and no sign, logo, symbol or nameplate
s is displayed on the Lot.

. 8.2
.. . lieotion Prohibited Activities. No noxious, offensive, unsightly or unkempt activity
shall be ieonducted on any Lot.. Each Owner of any Lot, his family,
r"nunelgu.rt. and invitees, shail
refrain fiom any act or use of his property which iould roasonably
cause embanassment, discomlflor!
annoyanQe or nuisancs to any other residont or residents ofany
other Lot, Storage or placement oi
fumitrue, potted plants, fixtures, appliancos, machinery, bicycles, towels, eluipm"ni
o, othu, goods or
chattels on any lot which is visible from outside oitheLotlinriualnjiuinot
limited to-Stoops,
Driveways, Decks and Patio Arcas) is prohibited except as specifically p".ilritt
a in this Declaration.
$ shall be permitted to e{ist upon any Lot. Without
limiting t erior speaiers, horns, whistles, bells, or other sound
devices, e for seiurity purpor.r, shall be iocated, used or plaroed
on any Lc

nj#*T#liH,xi""Tr*f ffi rJ#

or maintain any pe
hysical control ofa
mon Areas or the Lot of anothor Owner must be
sible for the animal.

Board's sole and absolute discretion, may be

Board may remove without notice any aninral
or propfty ofany person. Eech Owner who
"",
#' i,ff ffi i,.j:l:l,??fi f fl:t*:: :fl,,",.;T

l9
 BK:3396 FG:98
SectionS.S Antennas: Aerials: Satllite Dishs, No antenna of any kind may be erected
anywhere on a Lot without the prior wriften consent of the ACC. If it permits antennas, the Association
may spccif, certain types, sizes and permitted locations of antennas. Antennas may only be instalted in
accordance with Federal Communication Commission ("FCC') rules, and the rules and regulations of
the As$ciation authorized by the FCC or both, as may be amended from time to time.

Declarant or the Association shall hLave the right" whhout obligation, to ere,ct an aerial, satr:llite
dish, or other Bpparatus of any size for a mflster antenna, cable, or other communication system for the
benefit ofall or a portion ofthe Property.

Section 8.6 Clotheslines. No clothesline of any type shall be permitted outsido of any
building; on any Lot.

jiectjsl-8J Lightine. Exterior trighting visible from the sfieet shall not be permitted exoept
for: (i) approved lighting as originally installed on a Lot; (ii) one (l) approved decorative post light; (iii)
pathway lighting; (iv) street lights in conficrmity with an esbablished street lighting program fol the
Property'; (v) seasonal decorative lights; or fri) front house illumination of modcl homes.

liection 8.8Mailboxes. All mailboxes serving Lots shall be approved in acoordance with
the provisions of Articte VI hereof. Identical replacement mailboxes may be installed without further
approvalL, but no modifioation to or change i:r mailboxes may be made unless approved by the ACC.

fiection 8.9 Plav Equipment. Rercreational and playground equipment shall not be plaoed on
any portion of any Lot without prior writte'n consent of the Board of Directors or the ACC, it being
understood that the primary concern of the iBoard of Diroctors with Play Equipment is its location and
visibility from rthe street and/or neighboring ,Lots.

!;ection 8.10 Signs. No sign of arry kind or character shell be erected on any portion of any
_ _Lot, 9rlisplayed to tho public on any portion of any Lot, without the prior written consent of the Board
of Direclors, except for cusiomary ndlire ancil address si$oS,'ono dilStomary "for sale' sigrr a<lvertislng a
Lot for ssle and any sign required by legal proceedings. The testriction herein stated shall include the
prohibitirln of placement of any sign within a building on any Lot in a location ftonr which the same
shall be visible from the outside and the placement of any sign in or upon any motor vehicle.

$eotionS.ll Stoons. Driveways. Decks. Patio Aress and Storage Sheds. Grills, patio
furnlture and potted plants may be pormitted on Patio Areas end Deoks, subject to looal ordinances and
any ruleti prornulgated by the Association with re$pect thereto. Any items placed on Stoops and
Drivewa5,s must comply with any rules prornulgated by the Association with respect thereto. Detached
storage bruildings, sheds or anima[ pns ar prohibited.

$potion 8.12 Swimmine Pools. Nrc swimming pool or spa shall be allowed on any Lot
without tho prior written approval of the ACC, however one or more water features or fountains may be
installed in the Commori Areas,

Scction !.!f
Trash Container.s and Collection. No garbage or trash shall be placed or kept on
99 P*p"tty except in covered containers of a type, size and sfyle which appmved by the Board of
"re to rules promulgated by
Directors or as reguired by the applicable governing jurisdiction, and subject
the Association. No pcrson shall bum rubbish, garbage or any other form of solid waste on any Lot or
Common Area or within the right of way of any street within the property.

20
 EK=3JOF-, FG:99

Section8.l4 Tre-e Cutting. No healthy living tees having a diameter of six (6) inches or
more measured at a point four (4) feet above the ground, and no flowering tree shrub, or naturat grround
cover, shall be removed from an lmproved Ln! unless such removal is apfroved by the
ACC.

Section 8.15 Vehicles and Parking. The term 'aehicle" as used in this Soction shall include
without limitation automobiles, trucks, boats, trailers, molorcycles, carnprs, vans, and recreational
vehicles. No vehicle may be left Driverway
or withiin a designated parking eclarantis
activities on the Property and veh providing
services to
not limited
vehioles., m
vehicls or
vehicle-repairs' No boat, calnper, recreational vehicle orvchiole under repair maybc parked
for periods
exceeding forty-eight (48) hours on any Drireway.

l\ll Owner and ocoupant vehicles nrust be kept and stored when not in use within the Lot's
garage, Driveway or designated parking space. Garage
doors must remain closed at
all times except for
entry and oxit by vehicles and except for periodi not to exoeed two (2) consecutive
hourr for
homeowrer related maintenance activities,

shall be installed in any window of any

installed on any building located on any

;yiH,?":i,115;:5,fll ?J-il".iffii:1 H,;

, .. $iqtion
gJ7 Y..bdpw lr,petments. Except as may be otherwise approved in accordance with
the Archilectural Control provisiorii conuined herein, all window treatments visible
Fom the outside of
a Lot shall be white or off-white in color or lined with a white or off-white
material. No bed she,ets,
newspaper, tin foil, or similar materials may tre used as window treatnents.

8.1 8 Guns. Thc use of firoarms on the Property is prohibired.

.includesS$ction
[t-B gurns, pellet guns,
The term .,firearms,,
sling shos ancl firearms of all types.

&e!ig[i{ Drainage. Catch basins, retention ponds, detention ponds and drainage
easement ateas
incruding wirhor ;[Y; #:,:',lHt*f;
may obstnrct or, basins, retention ponds,
detention ponds, I in accordanc with tte
provisions hereinr,

, l?I ffilH'lr:';,-?fr 5.:3xtrd: .'l".Hn:ii

including
ents, installation of landscaping, or the cutting of
areas.

2t
 FK:35O8 FG:1OO
pubric
fence, r
':ll#"1,.;
where, in the
opinion
Section 8.22 TrFffic Regulations. All vehicular traflic on any private streets or alleys
within
the ProPelty shall be subject to the provisions of the state and local laws
conceming the operation of
motor I'ehioles on public sheets. The Association is bereby authorized to promulgaie, administes
and
vehicular and pedestrian traflic on any private
reasonable safety measures and speed linitr; and
streets, within the Property, The Association shall
ch enforcement procedures as it deems approp:riate,
the event ofa conflict between such provisions of
state and local laws and such rules and regu the Association, t-he rules and
regulations of rthe Association shall govem, On sed to operate motor vehicles on
public roads rnay operate any fype of motorr ve y. All vehicles or ,ry iina ,iJ
natur-e v/hich are operated on the_strects or alleys within the Properyshatl
be operared in a careful,
prudent, safe and quiet manner and with due conslderation for
the rights ofalt ownirs and Occupants.

liection 8.23 No Subdivision of t <Ib. No Lot may be further subdivided into any smaller Lot.

equity of the individual property Owners

the Association was formed by preserving
oommunity, and (iii) to comply with the
mortgage market insofar as such oriteria provide
bl
that
p#Lnorf.ruUl,
be valid onf{ to a specific owner of a Lot and shall not
$
owners, lbut shall be transferable to succfsso:rs in title of the same Liit.
betwoen either Lots or

An Owr
have not been i
permit shall be r
of an Owner to
been issued; or (b) the failure of an Owner to h
hundred eighty (180), day period thereafter. If current lease permits
have been issued for rnore tlran
twe nty-five pcrcent (25o/o) of the total number of Lots,
no addltional lease permits shall be issued. An
Owner who has been denied a be placed on a waiting list for a lease
permit anid shall be issued the e number of current outstanding le,ase
permits issued ferlls to less than Lots.

ThLe Board of Directors shall be empowered to allow

twenty-five percent (25%o) of the total numbcr of Lots to avoid
of
of iflustrer ' , when (i) an owner
cannot wit 3l
he Gt is placed on the market sell the lot for a price at or
c
below its m ownei dies ana *re foiis ueing administe.rd' by hi, o,
her estab; absence or temporarily relocates-and intends to retum to
reside at dte lot, Any Owner who believes that he or she
must lesse his or her Lot to avoid undue
 EK=53O. FG=1O1
Board of Dirsctors setting forth the circumstnnces
lease, and such other information as the Board of
ut a lease permit in the case of undue hardship shall
Board of Directors. Owners who have demonstnated
t in undue hardship, and have obtained the requisite
lease their I,ot for such duration as the B,oand
reasonalbly determincs is necessary
to prevent undue hardship, A oopy of the lease executed by the
Owner and the tenant shall be submitted to the Board of Directors within ten (10)
days after thelease
has been executed by both parties.

lvo Owncr may lease his or her resiclence other than for residential purposes. All leases
shall be
ctors. Each permitted lease must have an initial rterm
ly provide that the tenant and all Occupants have
nd the rules arrd regulations of the Association and
their entirety and no fraction or portion may be
ents of leases unless approved in writing by the

the Associationr ror compriance with rhis o"""*,,j0"1T#;"If"[Tl,',l;l"t'r?'il:'SitJrx::l:n

his or her tesidense. The Board of Direotors shatl have the power to mske- and enforce
reasonable rules
and.regullations with regard to this Section and to fine, in accordanoe with the provisions
of this
Deolaration and the By-Laws, for tlre violation of the provisions of this Section.
Anytransaction which
does not compl,y with this Section shall be voidable atihe option of the Board
of Directors.

ovisions of this Declaration and the rules and

t hereto which govern the conduct of the Owners
also apply to all Occupants of a Lot even though
y be levied against Owners or Ocupants who shall

Sr )ovenants anij restridtions herein shafl be construed &nd

interPrte of the Board of Directors, will best effect the intent of the
general pJ e herein set forth. Subjeci 10 the terms of this Article gnd
the Board of Dine
otri
may modifl, canc
create, m'iifyan H
this
provisiorur in
ers
concemiqg any proposed action on restrictions or rules at least ten (10) business
days prior to the Board
of Directors rnecting at which such action is to be considered. poi ttris purpose, nbtice may
be senl to
each owner by IJ.S. mail, electronic telecomnrunication with confirmatibn
of receipt, or publication in
tho c.omrnunity newsletter delivered or mailled to each owner provided that such'notice
is clearly
identified under a seParate headlinc in the nervsletter. Members shall have reasonable
a opportunity to
be heard at a Board meeting prior to such action being taken.

Sgltion g2Z Declgrerq Eryrn.Eliq, Notwithstanding anything stated to the contrary herein,
nolhing ccmtained in this Article shall-be cc'nstn"red as prohi-bitirig ani use,
construction, alteration,
addition orre pon an;y Lot or such property is
owned by th iended'that an tion or removal
performed by [.ot while such shall b exefftpt
from the prov

23
 EK=33O' FG:l-O2
Sectiong.2g Notwithstanding rary
herein, the Declaran period) and ttie the
authorization
10
grant ofthe provisions o ines
that waiiver of'application, or enforcernent of the provision in a particular case is dictated by unique
circumsrlances, such as, but not limited to, topography, natural obstructions, hardship, aesthetic
considentions or environmental considerations and would not be inconsistent with the overall schreme
ofdevelopment for the Property. No variance shall (a) be effective unless in writing, (b) be inconsistent
with the overall scheme of development fcrr the Property, or (c) estop the Declarant or the Board of
Directors from denying a variance in other similar circumstancei, For purposes of this provision, the
inability to obtain approval of any governmental agency, the issuance of any permit, or thi terms of any
financing shall not be considered a hardship warranting a variancc.

ARTICLE D(.
MAINTENANCE OFLOTS

liqction 9.1 Association's Mginte'nance Resoonsibilitv. The Association shall maintrain the
Area of Common Responsibility except to the extent that iuch facility (ies) is (are) maintaine4 or
roquired to be maintai the
Association reasonably the
Assooiation horcunder i
family, guest, invitee or il:
all.costs thereof may be assessed to the O'wner as a specific assessmert. Tho Association maybe
rclieved of all or any portion of its maintenance responsibilities to the extent thet such prop.riy it
dedicatedl to any local, state or federal govemment or quasi-governmental entity and
said entity accipts
the responsibility for maintenance. In the ,event of any srich assumption, assignment or djdicatilon,
however, the Association may reserye or aslume the right or obligation to conti-nue to perform alll
oi
anl portion of its maintenance responsibilities, if the Board of Directors determines that sruch
mainteiance is dirsirabte oi nCcessary io mainLtain the Communltjr Wide Sfaiidbrds.

The Board of Directors, in its sole discretion, may leave portions of the Proporty as undistur5ed
natural ar,
litY at anY time and
from time suoh as the planting
of seasoni
the use by S*Tfifif" "'
It is intended that the Association will perform basic landscape maintonance of the Arcas of
Common
_Responsibility located in the Common Areas and on the Lois, Such servioes include gnrss
cufting tri rill
pay the co
lln
any planti
baiii tand l:
Owners of'the Lots, and from time lo time afler relinquishing such responsibilig, the Association
m,ay
r-assume such responsibility.

&t aiotenance performed or

t
required ir of each Lnt and the
imProveme who shall maintain such
 EK:3395 FE:lOJ
Fl --o its appurtenances in good repair and clean appearance and in a manner consistent wittr this
Declarartion. Such maintenance obligalion shall includi without limiation prompt
removal of litter and
waste' keeping improvements in good repair and neat condition, and compiiance
with all govemmental
health and police requirements.

In the event that the Board of Directors determine$ that any Owner has failed or refuscd
to
, the Board of Directors shall have the right,
after giving to the Owner of such Lot at loast
rhrnity to correct the unsatisfactory condition (except
case no notice and opportunity to conect shall be
d cortect the unsatisfactory condition. The Owner

to
or emptoyees) shalt be personally liabte
I'X"TI';
incurred by th,e Associalion in connection , andt the
liability oll the liens, and shall be s
collectio oherges provided for in this
cos
Assessm
such

determin
'J"ji';t,"T1ffi1,*:"ff;

ARTICLEX.
INSURANCE

Section l0-l on Areas. The Association shall obtain and maintrain

property casuelty in r improvements looated on the Common Areas which the
Association is oblig in, This insurance strall proviae, at a minimum, fire and
extended coverage and shall be in an anount suflicient to cover
the fuil reptacement cost of any repair
ction from any such hazard. The Board of Directlors
ined single limit of at least Oiib Miltion Dolfais
reas covering the Association and its Members for
Association or any of its Members or agents, and,

deductibh as determined by the Board or oi,,.,oo]i?ni:t?i:T JJg::.xT?L:Hfl1,".f;ils?ll;

worker's comPcnsation insuranQe, if and to the extent necessary to
satisft the rcquirements of
for
:
the

without compensation. All "T:lf;

such insurarrce
ffilt"*
.. - $ectipnl0'? tndividual Insurance, Eachowner,byvirtueoftakingtitletoaLotsubjectto
this Declarration, acknowledges that the Association has no
obligation to provide any insurance for any
s and agees with all other Owners and with the
l-risk casualty insurance on such portions of the
referred to in Section l0.l abovo. as well as a
on a Lot, The casualty insurance shall cover loss
an all-risk policy, if reasonably availab,le,
ent cost of any repair or reconstruction of
 FK:$365 FE=1O4
a covensd item in the event of damage Lot
shall maintain all insurable risk property s of
the Owner and any oocupant of a Lot, uoh
insuranrc for compensation for loss of or damage to such properfrregardless of the cause of loss. The
Owner and all Occupants release the Association from anyclaim io, to.s or destruction of or damage to
the proprty required to be insured by the owner under thii Section 1 0.2.

rUpol rquest by the Board of Directors, the Owner shall furnish a

..
polioy or pol -In of such insurance
copy
by the Owner to the Association. the event that any
such Ormer quired by this Section, the Association may, but is not
required to, p f of the Owner and assess the cost thereof to the Owne,r, to
be coller:ted in the manner provided for collcction of Assessments heroin.

. liectiSgaA3 Additiongl Insurar-rcrq Requirements. Recognizing that insurance practices

change over time, the Board of Dirsctors irs auttrbrized to vary the
lrovisi-ion herein to comiort ,with
good_ insurance praotices in effect from time to tirne for similarproperiies. In
addition, if applicable and
consistent with goqd insuranoe practices at the time, the Board of Directors shall utiliij reasonable
effods to' include the following provisions in the policies that the Association obtains:

(l)
waiver of the insureCs rights of subrogation of any claims against directors, officers, the
managing agent, the individual Owners, occupants, and their respictivo houiehotd mernbers;

(b) until the expiration of thirty (30) days after the inzurer gives notice in writing to the
Mortgagee of any Lot, the Motgegee's insurance coversge will not be a-ffected or jeopardizeJby any
aot or conduct of the Owner of such Lot, the other Owners, the Board of Directors,'or uny of th.ir
agenh' ernployees, or household memberc, nor be canceled for nonpayment of premiurns;

(!) the policy for the Common Areas may not be canoeled, substantially modified, or
sybjgqled to non-renewal without at least thirty (30) days prior written notfce to the Board of Direcrtors
aird all Mortgagees of lots; and

(d) an agreed value endorsement End an inflation guard endorsement.

A,ll policies of insurance shall be witten with a oompany licensed to do business in the Stater of
A. M. Best Company or a reasonably equivalent

ff"fi'J:f,ff HJ.i,IT,XTil;"T]':]'J,l*ffig
in such losses may be prohibited ftom partioipatting

N( Owner or other party a priority over the rights of Fiirst

It4ortgaget
Lot on wh
ceeds. Any insuranci proceeds iayable to the owner o,f a
ent shall be disbursed jointly to such Lot Owner and the
Mortgageer. ch
Mortgagee,. lce
expense to
of
rnsur8nce. on
Areas, the cost of the deductible may be apportioned equitably by tho Board of Directors among the
parties sulfering loss in proportion to eacir affected t)*nrr!,
iortion of the total cosr of re-pa.ir.
 EK:J3O6 FG=lO5
Notwithstanding tha foregoing, ifthe insurance policy provides that the deductible will
apply to each
Unit separately or to each occurence, each Owner-sirall be responsible for paying thi deductibte
pertaining to ltis or her Lot, if any. If any Owner faits to pay the deductible
when .e{uireO under this
Section, tlren thc Association may pay thi deductible and assess the cost
to the ownei pursuant to the
terms ol'this Declaration.

,Additionally, the Association shall obtain such insurance coverage as is necessary to satislr the
.
requirements of the Federal Home
.Loan Mortgage Corporation, thi Federal National Mortgage
Associartion, the VA, and HUD, as applicable to th; propq/,

ARTICLE XI.
MORTGAGEE PROVISIONS

liectipn ll,l
Notice of Aotion. An institutional holder, insurer, or guarantor of a lllrst
M-ortg3g-re, who provides a written request to the Association (such request to state the name and addross
of suchtrolder, insurer, or guarantor and the Lot number, therefore becoming ,,rligibl, hotdeC'), will
be entitk:d t9 time]y written notice of: (a) any condemnation loss or -
any ca-sualty lo-ss whioh adcts a
material portion of the PtoPerty or which affeits any Lot on which a First Moftgage
is held, insured, or
guaranteod by su
by an Orvner of
sixty (60) days;
obligatio:r under
days.

Sf request of any institutional holder of a First

Mortgage holder shatl be entitled to receive a copy of the
latest ava:

$ on 0? the wner
or other I 1 in thec such
Owner of or taking

&e$on llr[ HLJD/VA Apppval. So

romove the officers and/or directors of the A.ssoc
HUD for iinsuring or the VA for guaranteeing any
shall requird the prior approval of HUD analo,r ttri
dedication of Common Areas to any pubtric enti
Association; and material amendment of the Dteciaration, By-Laws, or
Articles of Incorporation.

fuction I
request fro'm the
action under this
have appn'ved sr
within thiay (30) days ofthe date ofthe Association's rcquest, provided
such request is delivered to the
Morlgagee by certified or registered mail, retun receipt rcquestid.

zt
 EK:53OF- PG:1O6
ARTICLE XN.
AMENDMENT

. .Except as provided in this Declaration otherwise, the terms, provisions, covenants and
restrictil
the aflir
(r/2) ot
I1.5 ah
vote or written consent, or any combination thereof, of Owners of more than two-thirds (2/3) of the
Lots
and the First Mortgage holders of such lrcts (which rnay be obtained under Section I L5
above). The
lPproJal of aly such amendment by the Memhrs of the Association shall be given by eacfi such
Member- either casting a vote in favor o1f such amendment at a rneeting of the
Members of the
Association duly called for such purpose, or by such Member signing a wrilen consent or approval of
such anrcndment either before or after the date on which-an/ meeting of members is held.
Notwithstanding the foregoing, the Board of Directors, with the written conseniof the Declarant so
fiong
as itow Members or consent of the First Vortgag;
holders, felecting to be governed by the provisiois
ofthe G Seotion?q-3-2io,"t rrq.

lltis Declaration may also be amended unilaterally by Declarant ifl (i) suoh amendment is
necessa4/ to bring any provision hereof into cornplianoc witL any applioable governmental
statute, rules
or regulaLtions or judicial determination whjich shall be in conitici'thercwiti, (ii) such amendment is
necessarJ/ to enable any reputable title insurance company to issue title insurance coverage
with respect
to the [ots, (iii) such amendment is required by an instititional or governmental lender oi purchaser of
I'ortgag loans (such as the Federal National Mort ge Associatjon or Federal Home Ioan Mortgage
Corporati or purc moftgage loans on Ue fpts,-(iv)
suchamr enable o. p-rii.t" insuranpe
including and the re mortgagc loans on "o*prry,
thc Lots,
Pf9]'i99-4 hgwever, that any such amendmeint shall not adversely affect the ti-tlJ to any Owner,s Loi
uiil'esd-cuch Ormer dhall ionsent tfiereto in *ti t"g, or (v) such ameridmEnt does riot fiiatefiBlly
adversely affect the substantive rights ofany Owneri hereunder nor adversely affect title to
any Loi
without the consent of the affacted Owner.

Aroy such amendment shall become effective upon the rcoding with the County Clerk of
the
instrument evidencing such change unless a later e tlrerpin. Tire matters set
forth in suLch instrument shall be presumed to be true ndment which is set forth
in suoh instrument shall be effective, unless it shall of competent jurisdiction
that the matters certified to in such instrument are not true and aocurate. Any lawsuit
ohalienging any
aspect of trn amendrnent to this Declaration rnust be liled in the Superior Court in the
counry wtteio *,1
Pmperty irs located within one (l) year of the date of rpcordation of such amendment
with the Cour:ty
Clerk.

_ EYt.y Owner, by taling record title to a Lot, and each holder of a mortgage upon any portion of
8ny
!oj" by acceptance of such mortgaBe, hereby agrees thot the terms, piv'isions, covenants and
restrictions ofthis Declaration rnay be arninded as
irovided herein.

28
 EK:33OG PG:1O7
,{RTICLE XIII.
M]ISCELLANEOUS

Sectioa l3,l Failure of Enforcement. In the event that the Association shall fail to enlbrce
the conlpliance of any of the provisions of this Declaration against the Owner of any Lot, then an
Owner of any other Lot shall have the righl, to file an aclion in the Superior Court of the count5r where
the hoperty is located for an order from such court requiring that the Association enforce such
compliance; plovided, however, in no event shall the Association, the Board ofDirectors, any officer of
the Assrociation, or any of their agents be penonally liable to anyone on account of their failup to
enforce any ofthe terms, provisions or restrictions set forth in this Declaration.

jSectiorr 13.2 No Waivers. In no event shall 0re failure by the Association to insist upon the
shict pe,rformance of any of the terms, covenants, conditions, provisions or agreements set forth in this
Declaralion be construed as a waiver or relinquisfunent of the frrturo enforcement of any such tierm,
covenant, conclition, provision, or agreement. The acoeptrance of performanoe of anything required to
be performed with knowledge of the breach of a term, covcnant, condition, provision or agreement shall
not be deemecl a waivet of such breach, and no waiver by the Association of any term, covenant,
conditiorn, provision or agreement shall be deemed to have been made unless expressed in writing and
signed by a duly authorized offrcer of the Asrsociation.

jiecltg! ILf Duration. Unless specifically designated otherwise, the easements provided in
tftis Decllaruion are perpetual and shatl run lvith title to tho land, and may only be torminated as allowed
by applicablo law. The otherprovisions of this Declaration, including without limitation membership,
restrictions, liens, charges and covenants sert forth herein, shall run with title to the land and sball be
binding rDn all jparties and all persons claimiing under them for a period of twenty (20) years from and
after the date this Declaration is recorded, after which timo such oovnants and rastriotions shall be
automatically extended for successive periocls often (10) years until the recordation ofan instrument of
termination within two (2) years prior to the expiration of the initial twonty-year period or any
extension thercof, Such instrument of termination rnust be exocuted in recordable form by the Penrons
wlo Cre the record owneiC of no less than two-thirds QIT) ofhd Lots, and recorded wfth ffie Coflnty
Cletk.

$ection 13.4 No Discrirqrination. No action shall be taken by the Deolarant, the Board of
Directors or the Associetion which would discriminate against any pemon on the basis of race, cn9ed,
color, national origin, religion, sex, Ibmilial $tatus or hsndicap.

$ootioJllll Severability. Whenever possible, each provision of t}is Declaration shalll be

interpretrd in such manner as to be effective and valid, but ifany provision ofthis Declaration or the
application thereof to any psrson or to any prcperty shall be prohibited or held invalid, such prohibirtion
or invaliclity shall not affect any other provision or the application ofany provision which oan be given
effect wilhout the invalid provision or application, and to this end the prcvisions of this Declaration are
declarcd llo be scverable ,

$pction 13.6 Pe{petuities. Ifany ofthe covenants, conditions, restrictions or other provisions
of this Denlaration shall be unlawful, void or voidable for violation of the nrle against perpetuitics, then
such provisions shall continuo only until twenty-one (21) years after the death ofthe last survivor ofthe
now living descendents ofElizabeth II, Queen ofEngland.

29
 EK:33O6 PG:1OB
SectsElAZ Judicial Proceedjnes;. Enforcement of these covenants and restrictions shall be
by any proceeding at law or in equity against any Person or Persons violating or attempting to virclate
any covenant or restriction, eitler to restraiin violation or to rccover damages, and against the Lots, to
enforce any liens created by this Declaraticrn. During the Development Period, no judiciat proceeding
shall be commenced or prosecuted by the Associationunless approved by the Declaiant, Nojudicial oi
administrative_proceeding shall be oommenced or prosecuted 6y the assooiation unless approved by at
least serrenty-ftve percent (75%o) of the vote of Members, This Section shall not apply, howcver, tri (a)
actions brought by the Association to enforce the provisions of this Declaration-(including withow
limitatio,n the forectosure of lions), (b) the imposition and collection of Assessments, (c) piceedings
involving challenges to ad valorem taxatflon, or (d) counterclaims brought by the 'Associatiorn in
proceedings instituted against it. This Section shall not be amended unless such amendrnent is rnade bv
at least seventy-five pcrcent (75ye of tbe vote ofMembers.

IigctiorlAg Successors to Decl4lqqg. The Declarant may assign its rights, privileges,
exemptions and status to any person who owns any of the Property, proviJed that suctr assignml"i
expressly ststs that it transfers the rights and status ofthe Declarant to ihe assignee. In no .u.it rb"ll
any pers ing to thre interest
purchase in all or Dny portio
or by de< liable for arty act,
act, omir prior to the date
Declaren

lection 13.9 Riehts of Third Parties. This Declaration shall be recorded for the benefit of
Declaran't, the .A,ssociation, Members, owners, and the Mortgagees as hercin provided, and by such
recording, no uljoining property owner or third party shall havJ airy right, title or interest whatsoiver in
the Properfy or in the operation or continuatiorthoreof or in the info-rcement of any of the provisions
hereof' ud, subject to the provisions of this Declamtion and the rights of Declarant and Mortgagees as
horein provided, the Owners shall have the right to extend, roaify, amend or otherwise ch-an-ge the
provjsions of this Declaration without
- lfre cg1sin1, permission, or alproval of any adjoining owi", o.
third parqy.

Scction 13.10 Conflicts, In the event ofany conflictbetween the Official Code of Georgia
- not^tlle. Georgia Property Owners' Association
lbut Act, O.C,G,A. Seotion 44-J-220,e, reg. unless ihc
Board of Directors amends this Declaration in accordance with Article XIII), this Declsration, the lly.
[,aws or drre Articles of Incorporation, the Offrcial Code of Georgia, this Deciaration, the By-Laws and
then the A,rticlcs oflncorporation, in that order, shall prevail,

&s!ia!-tl'l L Gender and Grarnrnar. The singular, wherever used herein, shall be construedl to
mean the plural, when applicable, and the use of the masculine or feminine pnonoun shall include
the
neuter, marsculine and feminine.

SEction 13.12 Captions. eotion hereof are insertpd only :flor

convenience and are in no way to extending or otherwise modiffing
or adding to the pa(icular Article

. .S$tion lL!3 No Mereer. There shall bo no merger of any of the covenants, conditioros,
restrictionsr or easements created or rtserved lhereby with
ttrJfee estate of Declarant, by reason of the
fact that l]eclarant may own or hold tbe cslate oi interest both encurnbered and benefited by suoh
covenents, cottditions, restrictions or easements and no such merger shall occur unless and unLtil
 EK:35O6 F6:1O9
Declarant, while owning all of the estate or intersts shall execute a written statennent or insrument
effecting such merger and shall duly record the same,

I
. Seption 13'14 Preparej. This Dectaration was prepared by Sohreeder, Wheeler & Flint, LLP,
I00 Peachtree Strcot NE, Suite 800, Allanta, Ge orgia 30309.

Section 13.15 Notices. Unless provided for otherwise in any Section of this Dectaration, any
notice n:quited or permitted to be sent to any Member of the Association pursuant to any provision of
thjs Declacation may be served by depositing suoh notjce in the mail, postage prepaid, addiessed to tbe
Member or Owner to whom it is intended, at the address which such l,temUel s[a[ have fumished to
the Associalion, or, in the absenoe of any such addrrss having been so furnished to the Association, at
the address of the tot owned by such Member. The date of service shall be the earlier of the date the
notice i$ reoeived at the address of the party notified or two (2) days after the date of mailing by JFint
Class U, S. Mail addressed to the appropriate address with sullicient postage provided, The address of
Declaruf or the Association shall be tho addrrss of its respective registerid agent on file with the
Secretaqy ofSate ofGeorgia, and any notice to such party shall be the date the noiice is received af the
address of the party notified or two (2) days after the date of mailing by First Class U.S. lvlail, Certified
Mail, Refurn Rec.eipt Requested, addressed to the apprcpriate party and address with sufiicient postage
provided'' Rejection or other refusal to accept shall b deemed to be receip of the notice sent.

n\l WITNESS WHEREOF, Deolarant has caused this Declaration to be executed by its duly
authorized oflicers on tle day and year set forth below.

Signed, sealed and delivered Forestar (USA) Real Esiate Group Inc.
in the prersence of:

%re
Unofficial Witness

ICoMPANY SEALI

JI
 EK:$$95 PGrll'
EXHIBIT "A''

Legal Descrip,tion

32
 BK:53O, FG:111
LEGAIL DESCRTPTTON - Forestar - Fox Hall (Tract One)
ALL THAT TRACT OR PARCEL OF LAND L.YlNG AND BEING lN Land Lots '139 and 140, 1d District,
C.olvela County, Georgia, containing 152.115 Acres or 6,627,856 square feel
in accordance with a
plat of ourvey for Foreslar (USA) Rl| Estate Group, Inc. and being moro particularly
described as
followst

Beginning ataWl" rebar found at th Land l-ol corner of Land Lots 104, 135, 13g and 139, said
rebar belng the POTNT OF BEGINNING;

TI'en9: leaving the Land Lot corner of Land Lols 134, 135, 138 and 139, traveling in an Northerly
direction along lhe Western Land Lot llne of La ld t-oi tge, North 0i degrees 06 mlnutes
11
seconds East, a distance ot 2642.55 feet to a 'A' rebar found at the Lan? Lol corner of Land
Lots
133,134,,139and 140i

].hence leaving th Land Lot corner of Land Lols 133, 134, 139 and 1, conllnuing along ln a
N-ottherly dlrection along the Western Land Lot line of Land Lot 140, North
0i degrees 36 minutes,
27 seconds East, a dlstance of 1509.02 feet to a /2, robar found:

Thence l6avln0 th Eastorn Land Lot llne Land Lot 140, North 86 degrees Ag mtnutes
64 sconds
East, a distance of b28.91.feet to a 1" open top ptpe found on the a;;the;n iitnrot-way
tine ot
Gordon Road (80' Right-of-Way);

r;ontinutng along the southern

Jhence -ol'395.15 line of Gordon Road (80,Rlght-of-way), atong
fightlgf-way
an arc ol'a curve to the left,
.an arc tength feet and a radius ot t zOt .et f6et, said c'jive "
belng.s-ubtended by a chord bearing South 31 degrees 11 mlnutes
54 seconds East, a distance of
393.54 feret to a polnt;

g an arc of a curve to the left, an arc length of

being subtended by a chord bearing South 40
ot 1t.AA feet to a point on the Western Right-of_

k
Thence 6ordon Road (8b, Right-of_Way) and continuing
th
along Road (80'ntgirt_ot-Way1, Sout-h 06 degrees 03'
minutes, toapolnt;
Tience-contlnuing along sald-Rlght-of-Way, a lhe left, an arc length of
180.56 feot and a redius ot l62.92feet, satd ilu
a chord bearlng So-utn Oe
degrees 111 minutes 23 seconds East, a diskrn nr;

ciontinu_lng_a-long said Rlght-of-way, south 22 degrees 28 mlnutei gg seconds

].h9nce East, a
dislance rtf 1963.45 feet to a poinl;

on9 along an arc ol a curve to the left, an arc length of

I
us of d curve boing ubtended by a chord bearlng-South 221
3 soc nce of 314.61 feet to a poini;

I*i.,",:jrlj,ll1l9_",1,"1s hr-of-Way, atons an arc of a curvo ro rhe tfr, an arc tensrh of

ouo.c4 re't ano a radlus of:flg_El,
21577,53 feet, said curve belng subtended by a chord bearing-South 82
degrees 21 minr,rtes 47 seconds East, a dlstance of 504.36 feet to a potni;

Thence ccrntinulrn_g a_long said Rlght-of-way, ,south 41 degrees 3g minutes

4g seconds Ea6t, a
distanco o,f 1115.34 feet to a point;
 EK:53O8 PG:112
1i!!tg!!-oJ-Wey, along an arc of a curve to the rtght, an arc length of
11,587.7O feet, said curve being subtended by a ohord bearing South 41
onds Easl, a distance of lu|8.lZfeet to a poini;

Thence leaving the western Righl-of-way tine of Al Robert$ Road (80' Right-of-way), south
00
degrees 28 mf nutes '17 seconds wst, a distance of 214.99 feet to ; %' ;b;iound at the
Land Lot
corner of Land Lots 138, 139, 168 and 169;

169, haveling in a Westerly

I dogres 1g mlnutes 40
Land Lot corner of Land Lots
 FK:33O, FG;113
LEGAL DESCRTPTTON - Forestar-.Fox Hail
ALL TIJATTRACT OR PARCEL OF LAND LYING AND BEING lN Land Lots 1SO
and 140, 1( Distriat,
county, G_eorgia, containing 72.60 Acres or 3,162,6r2square feei rn iccordance with a
9:y:j"
Plal of survey for Forestar (USA) Real Estate Group, Inc. and being more pargcutarly described as
followsl:

Beglnning ala/z'rsbar found at the Land Lot corner of Land Lots 137,
1gg, 139 and 140, said
rebar being the POTNT OF BEGINN|NG;

T.hence leaving the Land Lot corner of Land Lots 137, 1gB, 'l99
and 140, traveling in an Southerly
direction along the Eastern Land Lot line of La rd Lot 199, South oo Aejrees'ia
minuts 17
seconds West, a distance oI 2403.76 feet to a polnt on tho Eastern nigfri-Lf-Wav
line of Al Roberts
Road (f0' Rtght-of-Way);

he Western Right-of-Way line of Al Roberts Road (80, Right_of.Way),

the f
left, an arc lernglh of 58.54 feet and a radiug oj ,AOi.7O teet, slid
bearlng North 41 degrees 25 minutes 05 seconds West, a
;"",1,]ro
Thence continu]n_g a,long said Right-of-way, North 41 degrees 38 mlnutes 49
seconds west, a
distance of 1115.34 feet to a point;

Thelge-continuing along along an arc of a curve to the right, an arc tength of

480.85 feet and a radius of91i!^!tglrfofWa;y,
1497.53 feet, said curv-e belng sublended uy alnSro uearlng No-rth 32
degrees 21 minutes 47 seconds weEt, a dilrtance of 47g:79 f6t to a ptini;

::'J?f S'tl5?:-ll'J:,1':li"""i:fi ;f ,1""."#Jl".t?:1."i"#;''?:HL,

3 seconds Wesl, a dl$tanc6 of 313,66 feet to a poini;

continulng-a-long said Right-of-way,

],El::
distance of 1963.45 fest to a point;
North 22 degrees 26 minutes 93 seconds west, a

along an arc of a curve to the rlght, an arc length of

a^i-d-Ri-eht-oFWay',
282.92test, said curve belng subtended by a choid bearlng trtort-n Og
onds West, a diotance of 139.91 fet lo a point;

Il]:199 oontinuing
dtslanc8
arong said Right-of-way, North 06 degres 03 minutes 48 seconds East, a
of 1 1.63 feet to a point on the Southern Rlght-oflWay line of Gordon hoad (eO,
way); Righrof-

of-Way llne of Al Roberts Road (g0 and

ht-of-Way llne of Gordon Road (gO' along an arc
of 581.941 feet and a radlus of 1258 rve deing
th 00 degrees 64 minutes 00 secon nce ofS7o,Zti

I$l:" conlln-ulng.along
dislance
sard Rrght-of-way, south 74 dgrees 10 mrnute 07 seconds East, a
of 105B.jl feet to a point;

Thence leraving the southorn Right-of-way ltne of Gordon Road (80,

Right-of-way), south og
degrees 00 minutes 42 seconds-wesr, a distance oi +so.+s ft
to a Tz. rebar rouno;
 BK=0306 FG:114
I-heng:.q9utlr T4.degrees 08 mrnutes 30 seconds East, a dlstance of s01,61 teet tq a %" rebar
rouno at tn6 Land Lol corner of Land Lots 137, 139, 109 and 140, said rebar belng the polNT
BEGINNING;
oF
 EK:5304 FG:11_F
EXHIBIT*8"

Association Bv-Laws

BY-LAWS

ARTICLE I

FOX IIALL MASTER IIOMEOWNER.S ASSOCIATON, INC.

SENOIA, COWETA COUNTY, GEORGTA

The nune of the assooiation is FoX IrALL MASTER HoMEowNERs AssoclAloN,

INC. (lhercinafter refenpd to as the "Association"). The initial principal oflice of the Association (untii
otherwise_ designated by the Boad of Directors) (as hereinafter defined) shall be located x 2976 Ciapl
Hill Road, Suite 500, Douglasville, CA 30135 but meetings of Members and directors may be holcl- at
such other places within the State of Georgiq as may be designated by the Board,

ARTICLEU

]DEFINTTIONS

Unless otherwise set forth hercin, the terms used in these By-Laws shall have the same
meanings ascribed to such terms as set forth in tbe Declaration of Covenants, Reshictions arnd
Easements for FOX HALL MASTER HOTMEOWNERS ASSOCIAION, INC. (the,.Declaration',)
which has been executed by Forestar (USA) Real Estate Group Inc., as Declarani, with rrspect to a
community known as Fox Hall, and is to be filed for rpcord in the office of tlre Clerk of the Superior
Court in the munty where the property is located, as such Declaration may be amended from time to
tirne, and which Declaration is incorporated herein by rofeience.

ARTICLE Itr
MEETINGS

:]:l_ Annual Meetins of Membenl Membership meetings are requircd at leest annually afrer
.
therc arc Me I be held nrot

horiday) and
later than six
iT'Hifl
PuNuant to Section 3,3 below. If no such date is designated, the annual meeting shall be held on ttri
second-Mondav in March, if not a legal holiday, and iia legal holiday, tlren on-the next business drry
succeeding' The Members shall at such annual meeting elecia Board ;f Directors for the ensuing yeru,
in the manner provided in Article IV hereof, and sbaf have authority to ftnsact any and alt brisiness
which mny be trrought beforc such meeting.

)e
,e
rc
rf
 EK:53Of. F6:116

suoh annual meeting,

3.4 lQuorum: Unless otherwise provided in tlre Deolaration, a quonrm at any meeting
. of
Members, wltether annual or special, shalll consist of the presonce at zuch'meeting, in person
proxy' of Members entitled to cast over one-third (l/3)
oify
;f the votes of the tr,teilbenhip. Unless
ation, in tbe Deolaration, or in these lly-

J#:*ffit'j*ff[1'r"T::ilH
s present.

. 3.5 !s!U4g: Voting rights of Members shall be as set forth in the Declaration. Where any
Member. is gouP or entity other than one individual person, the vote on behatf
I of such Member shail
be oxencised only by such individual person as shall be designatd in a pmxy instnrment
duly executed
by or on behalf of such Member and deliven:d to the secrptary of the Associaiion.

ARTICLE IV

DIRECTORS

4.1 lumDg: The affairs of this Association slrall be managed by an initial Board of Directgrs
of duee (3) directon, who need not bc Mernbers of the Associatioi, *i *+,o shall be appointed and
removod in accordanoe with Article iV, section 4.8 of the Deolaration.

.. 4? Tgrm.of Office: At the first annual meeting at whioh the Members may elect one or mone
directom in accordance with Article IV, Se,ction 4.g of the Deolaration, ttre UemUers shall
elect tlhe

413 Rcmoval: Once the control of the Association passes !o the Memben as provided
in the
Declaration' any director may be rcmoved liom the Board of Directors, with or without
cause, by a
majority vote otflthe Members of the Association, In the event of the deatir, resignation,
or removal of'a
dirpctor, his suc:oessor shatl be selected by thc remaining metnbers of the Boari
of Directors and sharll
serve for tbe unexpircd term of his predecissor.

4.4 9gmoeqqstion: No director strarll rcceive compensalion for any service hs mly render
lo
the Assorsiation, However, any director may be reimbursed for his acuai
r*p.r,.", incumj in thp
pcrformarnce of his duties.

34
 EK:5396. FGr 117
ctors shall have the rightto ake any
action by obtaining the written apprcval of
all the e same eflect as though taken at a
meeti^
4'6 for,elected members to the Board of Directors shall be made 1by a
nominating ma)/ also be made from the floor at the annual meeting. The
nominating a chairman, who shail be a member of the Eoard, and-two or
more ,Members of the Association. The nominating committee shall be appoinred
by tie Boanl of
Directors prior to eachann serve from the close of such annual meeting
next
until tjre close of ttre intnont shall be announced at each annual
meeting' The nominating as many nominations for election to the Boarcl of
Directors as it shall in its discretion determine, but not bsi than tlre number
of vacancies that arc to be
filled.

4'7 EJectionl Election to the Board of Diroctors shall be by secret written ballot. At sruch
election the Members or their proxies may cas! in respecl to each yacancy, as many
votes as they are
entitledl to exercise under tbe provisions oithe Declaration. The persons r"r"l"lng
oi
largest number of
voles shall be electd. Cunrulative voting is not oerrnitted.

4.8
of the Boad of Directors
shalt bo hel *ed from time to time by
resolution o
holiday, then that mecting
shail be held at the same time on the next dav which
irectors shrall
ch meetings.
is discretion,
of ttre Bosd

meetings of the Board of Directors shall be given

the Board, not less than three (3) days before the
rotices may be given by telephone, or by any othe,r
,t be necessary for notjces of special meetings
of tlhe
purposes or objects of tho meetings. The Directors may waive iotice
.the of
be taken by the Direclon without a mieting if such action is consente
d to in

4l'11 Ouprum: A qu-onrm at any me(ting of the Board

. of Direotors shall consist of a majority rcf
the members of Bre Board of Dirpctors. Unless-otherwise provided
in the Articles of Lncoqporation of
the Associatioq or in these By-Laws, or in the Decl any meeting at
wbich a quorunr is present mey decide all querstions

4.12 Eorryers: The Board of Directors shall have the power to:

and raciriities,
establish penal
,';nt'iljll'ffi:effi:if:tr,ijfifjfT*,Tl

35
 EK=f,366 FG=118
(b) suspend the voting rights and right to use of the reqeational
facilities or other
household, guests and invitees during any
pa)rynent of any assessrnent levied by the
and hearing, for a period not to exceed sixty

. (c) exercise forthe Association all powers, duties, and authority

the Association and not reserved to the membership Uy
vested in or delegated to
ott .. p*visions of thlse By-kws, the Artioles
of Incorporatiion, or the Declaration;

(d) declare the office of a member of ilre Board of Directors

to be vacant in the event
such rnember shall be absent from three (3) consecutive regularmeetings
oflhe Boand of Directors; arnd
(e) employ g mlmsger, an independent contractor, or zuch other
employees as they deem
necess{rry, and prescribe their duties,

4.13 Dtties: It shall be the duty of the Boerd of Dircctors to:

(a) oause to be kep a complete snt a

statement thereof to tlre Members at 0re annuai when
such statement is requested in writing by onel fourth

(b) supervise all officers, agents and employees of this Association,

and see that their
ourres are properly perfbrmed;

(c) as morc fully provided in the Declaration:

(l) fix the amount of the assessment against each Lot st least
thirty (30) days in advance ofeach assessment period;

(2) send nnitbn notice of each assossment to every Owner

subject thereto at lesst thirty (30) days in advanc,e of esc-h annuat
assessment period; and

(3) foreclose
.
the lien against any property for which
asscssmnts.arc not. na{ within thirty (30) days after due date
or bring
an oction at law against the owner personarty obrigted to pay the same;

issue, upon demand by any person, a

paid; a reasonable charge rnay be macle
if a certificate states an assessment has
such payment as to any purchaser or

(e) goourc and maintain adequate insurance on prcperfy owned

by the Association, as
provided in Article X of the Declaratiory

(D cause all oF*T or employees having fiscal responsibilities to be bonded, as

rcquired by Article X of the Declaration; and
 FK= 33Oi1 FG:''9
(g) cause the Association to carry out all of irs duties and obligations
under the
Declaration.

ARTICLE V

OFFICE]RS AND TIIEIR DUTIES

5'l Engmqration 9f Oflicers: The officers of the Association shall be a president and a Vice-
^ . .
President, who shall at all times be rnembels of tlre Board
of Directo.t, ir.*tr.y
and a Treasurer, and
such orther ofticers as the Board of Directorsi may from "
time to time by resolution create.

^ . ^l'-'z Election of O(ficors: fie

election of offioers shatl ake place at rhe first meeting of the
Board,flollowing each annual meJting ofthe Members,

. 5'3 lFrm: The officers of the Association shail be elected annualry by the Board Directors
of
and each shalll hold office for one (1) year unless he shall soonerrpsign,
o. be rimoueo, or o&erwise be
disqualified to serve.

ofrhey'
Perforx
.ii1"ffjffiffi":lH#lT:t#TH:hffiHT
to time, determine,

'HihTffi*,f&:ff '":lli%liYJi#';
on shall take effect on the date ofreceipt ofsuch
s otherwise specified therein, the acceptance of
ve,

s.6_.I&qq$: A vacancy in any oflice may be filled by appointmont by the Board of

Directons' The offcer appointed to such vac,rncy shall
serve for the rmainder of the term of the offcor
he repla<rcs.

o:f Secretary_and Treasurer may be held by the same person,

tlhan one of any of thc other offices except in the case of
.4 of this Articte.

5.8 D]!!q: The duties ofthe officers are as follows:

(a) Presldpnf: The Prcsident shall preside at all meetings of the Board of
Directors; shall see that orders and rr:solutions of the board
oroire.to.s ar" canied out; shall
deeds, and other vrritten instruments;
1*llll"::lmortgages,
promlssory notes. "oJ
rnatt
"o-sign
all checla and

. (b) Vicqlresident: The Vice-hesident shall act in rhe place and stead
Prpsident in the event orttis absence, or his of th,e
inability o. r"nr"t-to urt, aIiJ shal exercise an6
discharge such orher duties as mav ue isauirea
oirrimuy ttre Board;$i;;".
(c) S*retar.v.: The Secretary shell record the votes and keep the
minutes of all
mreetings and proceedings of the Board oi Ditectoo
and of the Members; shall keep th*
corporate seal of the Association and aflix it on all papers
requiring *U *.ui; shall serve notic<r
 BK:J966. FG:1EO
of nrcetings of the Board of Directors and of the Members; shall keep appropriate current
records showing the Memben oif the Association, together with their'addresses;
and shall
perform such other duties as requimd by ttre Board of Di[ctors,

(d) Treasurer: The Trpasuner shall rcceive and deposit in appropriate bank
accounts all monies of the Association and shall disburse such funds ai directed'by
resolution of
ote Board of Directors; shall sign all check and promissory notes of
the Association; shall keep
pmper books ofaccounq and shall prpare an annual buiget and
a statemont ofincome and
expenditures to be prcsented to the Membership at ih rcgul;annual
rneeting, and shall delivor a
copy of each to the Members.

ARTICLEVI

SEAL

6'1 Cgroorate Sesl: The corporate sesl of the Association shall be in the following form,
to-
wit:

FOX HALL IUASTER IIOMEOWNERS ASSOCIAION, INC.

and the seal in such form is hereby adopted as tlre corporate seal
ofthe Association.

,ARTICLE vII
i\4IISCELLANEOUS

, 7.1 The Declarstion: All provisions contained in the De

and duties of rthe Association, the Membens thereo{, and the
B
incorporated into these By-Laws by this reference, *itt th" orc
set forttr herein,

".**'*
omer gornm
'#*#'"l"Tfff;il3il*'"1"#ff3H:1i?#i"l
arrying out its purposes,

73 cords of the Association shall at all times, during

reasonable by any Member of the Association and
institutional arry

l
c
\
il:#tlHH,l H:mH'ff ,*"lffi::',3lr
onduot in the performance of any duty to the
this Section shall not restdct the power of the
by law.
 FK:33O6 F6:121
Siscal Year:
^ . 1f. -The
fiscal year of the Association shalt be determined by resolution of the
Board ofDirectors. In the absence of such a rcsolution, the fiscal year strall be ihe catendaryear.

7.6 (currnt edition) shall govem the conduot

Assoc
ofall rgia law, the Articles of Incorporation, the
u@larauon, person presiding over the proceeding.

*:j1,:!:
7.7

ueclarauon, :1,tr#t'fiffi:,tgT#ffifiil[i"#;:"ff..ffi:",il;
these By_Laws (in that order) shail prevait,

in the Declaration or By-[aws, all notices, demands,

or permitted to tre ssnt under the Declaration or tllese
to have been duly given ifdelivered personally o,r if

(a) if to a Member, at the addess which the Member

has registered in writing and filed
with the,Secretary or, if no suoh address has been registered, the
at last-knoin address of the Member;
or

the Board of Dircctors, or the managinS at the principal

ofiice ofthe lSe_lq
agent ifany, oratsuch otheraddressas shlll b dcsignated by
notice in wri

If there are multiple owners of a single piece of property, noticr

.
notice to all.
io one (l) shall be depmed to be

1.e @es!:
lnstrument shall apply to any
may be subjcct to veto by
Administation.

7'10- Fining Procedurel The Board of Directors

.
constitute a finc) unless and until the following procedure
shall not impose a fine (a lato charge shall not
is followed:

(a) D'emand: Written demand to oas and desist from an alleged violation
served upon tho alleged violator speciping: shall lrc

(i) the alleged violation;

(iD the action reqruiled to abate the violation; and

(iii) a.tirne period, rnt tss than ten (t0) days, during which the
violation
.may be abated wittrout i'rrtte, sanctiin, if such
violation is a continuing one, or I statment that any furttrei
violatjon of fre same rule may result in the imposition of u fin.,
if the violatiom is not qcontinuing one; the Board or its designee
may demand immediate abetement in such cirpumsAnces
 EK;J3O6 PE=L?'?
which, in the Board of Dirctorc' determination, pose a danger
0o safetyorproperty.

.
(b) Nofces:- one (l) month of such dem pasr the
_Within
period allowed in the demand for abatemeni without penalty, orif violated
wjlhin twelve (12) months of such demand the Board of
notice shall state:
Direotors ne . Ihe

(i) the nature ofthe allegod violation;

(ii) that the alleged violator may within tcn (10) days fiom the date of the
notice request a hearing regading the frne;

(iii) t!{ any statement, evidence, and witnesses may be produced by rhe
alleged violator at the hearing; and

(iv) that all rights to have the fine rcconsidered are waived ifa hearing is not
requested within ten (1 0) days ofthe date ofthe notice.

(c) EFartng: If a hearing is ard of Dirsotors in

executive session, and ttre alleged violator s to be heard. Thc
minutes ofthe meeting shall contain a written

. (d)
. the EnforceFenc
abatetnent of all
The Board of Diroctors shall be entitled to enforce the oollection of
lii I* Tq
Dy ueorgla taw,
continuing violations by all means pemitted under the Declararion or

40
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