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FOR

1)~E'd Book 1 1913 Pg 56

Fil~d and R~card~d Nay-2J-199a eJ:06p. 1998-0251566

Jay C. Stephen$on COVENANTfl edt rtf S~jp!!ri Or Cn~rt

Cobb Cnunty, S~~r~]~

-. 111111111111 1111111111 UIII m 11111 ! IIIII n N 11111111

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DECLARATION OF PROTECTrVE

GROVE PARK SUBDIVrSION

UNIT,):

THIS DECLARATION is made on the date hereinafter set forth by Grove Park Development, Inc-, a Georgia Corpo~ation (hereinafter ADeclarantn).

WIT N E SSE T H:

WHEREAS, Declarant is the owner of all that tract or parcel of -'land and the improvements thereon 1 oc a ted Ln Cobb County, State of Georgia, more particularly described in Exhibit ~A" attached hereto and made n part hereof by reference (hcreinafte~ the "Subject property"): and,

WHEREAS, Declarant desires to subject the Subject Property to the provisions of this Declaration to create a residential community of single. family homes; and,

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·NOW; THEREFORE, Declarant he:reby declares that the Subject Property of this Declaration, including the improvements constructed or to be constructed thcreont is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred I conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set fO;J:"th, which are for the purpose of protecting the value and desirability of, and which shall run ,,!ith the title tOt the Subjedt Property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or. any portion of the real property now or hereafter made subject hereto, their respeqtive heirst legal ropresentatives, successors, success6rg~in-title, and ~ssigns and shall inure to the benefit of each a!}p every Owner of all or any port:ion

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ARTICLE I

DEFINITIONS

unless the context shall p~ohibitJ certain ~ords used in this Declaration shall be defined as set forth in Exhibit ~B" attached hereto and made a part hereof by reference6

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ARTICLE II

PROPERTY SUBJECT TO THIS DECLARATION

Section 1. Pro'perty Hereby Subjected to this Declaration ~ The real property described in Exhibit ~A" (the Subject Property) is hereby made subject to the covepants and restrictions hereinafter set forth and shall be held, transferred, sold,' conveyed, used"J' occupied and mortgaged or otherwise encumber-ed subject to this Declaration.

Section 2;' Other 'Property_ Only the real~property described in Section 1 of this Article II is hereby made subject to~this Declarationj provided, however, by one or ,more supplementary Declarations,' Declarant and the Association have the right, but not the obligation, to subject other real property to~this Declaration, as hereinafter pl:"ovidedA

ARTICLE III

HOMEOWNERS ASSOCIATION

Section "1~ Name~ The name of the Homeowners Association will be Grove Park Homeowners Association~ Inc.

section 2. Membershi,R_ Every person who is the record Owner of a fee or undivided fee interest in any Lot that is subject to this Declaration shall be deemed to'have a membership. in the Association. The foregoing is not intended to in~lude persons who hold 'an interest merely as security for the performance of an obligation. No Owner, whether one or more persons, shall have more than one membership per LatA In the event of mUltiple Owners of a Lot, votes and rights of Use and enjoyment shall be provided in this Declaration and in the ByLaws". Membership shall be appurtenant to and may not be separated from ownership or any Lot. The rights and privileges of membership, including the ,right to vote and to hold office, may be exercised by a member Ol:" the member's spouse, but in no event shall more th~n one vote be cast nor office held for each Lot owned~

Section 3. Y..otinq. Members shall be: ent.itl~d to on~ vote for each Lot ownod. When more than one person holda an ownership interest in any Lot, the vote for such Lot shall be'exercised as those Owners themselves determine and advise the secretary of the Association prior to any meeting. In the absence of such advice. the Lotls vote shall be suspended in the event mo~e than one (1) person seeks to exercise it. '

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ARTICLE IV

ASSESSMENTS

Section 1. Pu:r.pose of Assessment. The assessments pz:-ovided for herein shall be used .for the general purposes of promoting the recreation, health, welfare, common benefit, and enjoyment of the OWners ~~d Occupahts of Lots, 'including the maintenance of real and persQoal.propeI:"ty, all as may be more ,specifically authorized f:r:om time to time by the· Board of Directors~

Section 2. Creation of the Lien and Personal Obligation for Assessments'; , 'Ea.ch Owner of any Lot, by acc ep't anoe of' a deed therefor, whether or not it~ shall be so expressed in such deed, cov.enants and agrees to pay to the Association: (a) Annual assessments or charges; (b) special assessments, such assessments to be established and collected as hereinafter providedi and (c) sp'e'ci fie asses sments against any particu lar Lot \olhich are . established pursuant to the t~rmG of this Declaration~ including, but not limited to, reasonable fines as maY;Re imposed in accordance with the terms of this Declaration. All such assessments, together with .. late chargest interest, not to exceed the· Le s s ez': ·of th~ maxirm.nn rate permi tte:d by law or eighteen (18%} percent per annum, costs, and reasonable attorney's fees actually incurred, which sha.ll be a charge on a Lot and shall be a continuing lien upon the Lot against which each assessment is made. Each,such assessment, togethe;r. with late oharges, interestr costs and ~easonablc attorney's fees actually incurredr shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for his or her portion of each assessment coming due while he or she is the Owner of a Lot, and his or ber grantee shall be jointly and severally liable for such portion thereof as may be due and payable at the timE? "_-of conveyance ; provided I howev-er r the liability of a gra"ntee for the unga4d assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings OT. deed in lieu.of fo~eclosure.

The Association·shallt within ten {lO) days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by in officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of tbe Association aG to t6e statuB of ,asscgsments on a Lot shall be binding upon the Association as of· the date of issuance.

Assessments shall be paid at a uniform rate per Lot in such mann"er and on auch dateo us may- 'be fixed by the Board of Directors, which may include, without limitation, acceleration, upon ten (10) days' written notice, of the annual assessment .for

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delinquents. Unless oth~.r.wis~ provided by the Board I ·the assessment shall be pa Ld in annual .i ns t a.l Imerrt s ,

~ The monthly cost of operating the nssociation may fluctuate dramatically during each budget year. Therefore, the Board is not required to pro-rate the annual assessment obligation of any Owner who has not Lf.vcd in the Community for a full year. For example, if the bulk 6f the costs 6f operating the AS50c~ilt~on are likely to be incurred in the summer months, .any Owner moving into the Community afte~ the beginning of the budget year but prior to the summer months may be required to pay a full annual assessment.

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Section 3. SR€ciul Assessments. In addition to the other assessment authorized herein, tha Association may levy special assessments any year. So long as the total amount of special assessments allocable to each Lot does not exceed Three Hundred Dollars ($300.00) in anyone fiscal year~ the Board ciay impose the special assessment. Special assessments shall be paid as determined hy the Board, and the Board may p~rtnit special assessments to be paid in installments extending beyond the fiscal yea~ in which the special assessment is imposed.

Section 4. Lien for Assessments. All sums assessed agaLnst .Lots pursuant to this Declaration, ~ogether with late char.ges,

,. interest, costs and reasonable attorney I s fees actually incurred, as· provided herein, shall be secured by a lien on such Lots in favor of the Association~ Such lien shall be superior to all other liens and encumbrances on such Lots, except for (a) liens of ad valorem taxes, or (b) liens fo~ all sums unpaid on ~ first Mortgage, or (e) liens for nIl sums on any Mortgage to Declarant duly recorded in the deed records of Cobb County, Georgia. All other persons acquiring liens or encumbrances on any Lot after this Declaration shall have been reco~ded in such ~ecotds shall be deemed to consent that such lien~ or encumbrances shall be inferior to future liens for a5sessments, as provided herein, ~hether or not prior consent is specifiCully set forth in the instruments creating such liens or encumbrances.

Section 5. Effect of Nonpayment of Assessments/RemediGs of the Association. Any assessments or installments thereof which are not paid when due ~hall be delinquent. Any assessments or installmenta thereof del~nqllent fo~ a period of more than. tan (10) dayG shall incur a late charge ~n such amount as the Board may_from time to time determine. The Association sh~ll cause a notice of delinquency to be given to any member who has not paid within ten- (10) days following the due date. If the assessment is not paid within thirty (3D} daY~1 a lien, as herein provided,

... shall attach and, in addition, tihe lien shall include the late . charger interest, not to exceed the lesGer of the ma~irnum rate permitted by law or eighteen (18%) percent per annum~ on the. principal amount due f,r.om the date firr.:t due and payable r all

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costs of collection, reasonable Qttorney's fees actually incurred, and any other amount 5 provided or p_ermi t ted by law. In the event thnt the assessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, institute a lawsuit to collect such amounts and/or to foreclose it s 1 ien . Each Owner r by acceptiance of a deed 0:(' LlS a party to any other type of con~eyance, vests in the Association or its agents the rtght and ~ower to brin~ all actions against him or her, personally, ~or the collection of such charges as a debt or to foreclose the aforesaid lien in 'the same manner as other liens for the improvement of real property. The lien provided for in this Article shall be in favor of the Association and_shall be for the bcnB',fit- of all other Owners. The Assodiation~' acting on behalf of the (h.me.r.s, shall have the power to bid on the Lot at any~foreclosure sale or to acquire, hold, lease, mortgage, or reconvey the same.

":., No Owner may waive or otherwise exempt himself from liability for the assessments provided for hereinf including~ by way of illustrat·ion, but limitation, abandonment; of the Lot; , No diminution or abatement of any assessment shall be claimed or allowed by reason or any alleged failuro of the Association to take some action or perfo;an such function required to" be taken or performed by·the Association under this Declaration or the By-

,Laws" or for ,the inconvenience or discomfort arising from the

" making of repairs or improvements which are the responsibility of the Association, or from any ~ction taken by the Association to comply with any law, ordinance, or with any order or directive of any municipal or other govcrnrnenttil authority, the obligation to pay ~ssessments being a separate and independent covenan~ on tho part of each Owner., All payments shall be applied first tQ costs and attorney·s fees, then to late charge, then interest and then to delinquent assessments.

section 6. Commencement of Asse~sments~ Tnc annual assessments provided for herein shall commence as' to all Lots then ~xisting and 5ubject to assessment under thiG Declar~tion of the first day of the month following the conveyance of the first Lot by the Declarant to a peJ:"son other than Declarant and shall be due and payable in a manner a.nd on a schedule as the Board of Directors mny provide.

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section 7. Specific AssessmeQ1A The Board shall have the power to specifically assess, in its discretion as it deems app~opriate. Failure of the Boa~d to exercise its ~uthority under this, section shall not be grounds for any action against the Association or the'Board of Directors and shall not constitute a waiver of the Board's right to exercise its

< authority unde r this 'Section in·--the f1.1ture with respeot to any eXpenses, including tin expense for which the Boar.d has not pr~viollsly exercised its authority under this section.

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ARTICLE V

MAINTBNANCE

section 1. Association·s Responsibility.

{a) The Association shall maintain and keep in good repair the Common P~operty~· This maintenance shall include, without limitation, rnain~enance~ repair_and replacement. ~ubject to any insurance then in effect, of all landscaping and improvements situated on the Common Property~ The Association shall maintain all entry f;eatures for the Community and street signs, and lights installed by Declarant, if any.

(b) The Association shall be obligated to maintain, repair~ and replace, as necessary, all mailboxes and mail receptacles located within the Community.

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(c) ~here is he~cby reserved to the Association a blanket easement upon, across, over and under all p~operty within the Community for access, ingress and egress as necessary to permit the Assoc~ation to perform, such maintennnce.

(d} The Association shall also maintain all property outside of the Lot originally maintained by Declarant. In addition, the Association shall be obligated to maintain property not owned by the Association where the Board has determined that such maintenance would benefit all Owners.

section 2. Owner's Responsibility. Except as provided in the p~eceding Section and hereafter, all maintenance of the Lots shall be the sole responsibility of the Owner thereof, who shall maintain said Lot in a manner consistent with this Declaration~ Xf the Board of Directors of the Association determi~es that (a) any Owner haa failed or refused to discharge properly any such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder; or (b) that .t.he need for maintenance I" repair or replacement, which is the responsibility of the Association hereunder, is caused through the 'Willful or negligent ........ act of an Owner, or the family,.guests, lessees, or invitees of any Owner, and is not covered or" paid for by insurance; in whole' ·or in part; then the Association may perform the repair, replacement, or maintenance and shall, except in the event of an emergency si~uation, give the Owner ~ritten notice of the Association's intent to. provide such necessary maintenance, repair, or replacement, at the Owner'$ sole cost and expense" If any Owner do~s not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot.

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ARTICLE VI

USE RESTRICTIONS AND RULE~

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Section 1. Gener.aL This Article sets out certain use restxictions which must be complied with by all Owners and Occupants. These use restrictions. may be amended only i.n. the manner provi~ed herein regarding amendments of this Declaration~ The Board of Diraetors may, froro.t~me to time, without consent of the members, promulgate, modify; or delete use restrictions and rules and regulations applicable to the Lots and the Common Prope:r;ty~ This authority shall include, hut shall not be limited to, the right to limit the type and size and to set the maximum and minimum speeds of vehicles within the Community. The Board shC{·ll also have the authority to impose all other necessary traffic and parking regulations and to restrict the maximum noise levels of vehicles in the Community. Such regulations and use restrictions shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Oc~upants until and unleas overruled, canceled, or modified in a regular or special meeting by, a. Majority of the total Association vote ...

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Section 26 Use of Lot. All Lots shall be used for single.·family residential purposes exclusively~ No business or business < activity shall be carried on or in any Lot at any time except with the prior written approval of the Board. Leasing-o£ a Lot shall not be considered a bu~ine5s or business activity~

Section 3. Siqns. No sign of any kind shall be erected by an Owner or Occupant within the Community without the written consent of tha Board except: (n) such signs as may be required by legal proceedings; and (b) not more than one (1) Rf9r sale" sign having a maximum area of four (4) square feet~ ~he Board shall have the right to erect any reasonable and appropriate sig~5,.

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Section 4~ Vehicles6 There shall be no motor homes, boats or trucks exceeding a one-ton capacity parked or located anywhere within the community~ Vehicles shall not be parked on any street within the CommunitY6 yehicles shall not be parked on ~ommon Property, except in designated parking areas. The tar~· "vehicles~, as used herein, shall include, without lLmitation, motor homes, boats, tra.ilera; motorcycles, nd.ni-bike·s I scoote;r:s, go-aarts, trucks, campers; four-wheelers, buses, vans and automobiles.

Section 5~ Leasing~ Lots may be leased for residential purposes onlY6

Section 6. Qccupants BquQd. All provisions of this Declaration and of any rules and regulations or use rostrictions promulgated pu~suant thereto which govern the conduct of Owners

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and which provide for sanctions against OWner shall also apply to all Occupants of any Lot even though the Occupants are not specifically mentioned. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid in a timely fashion, the fine may then be levied against the Owner.

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Section 7. Animals and Pots. - -No animals r livestock". or poultry of any kind may be raised, bred, kept, or permitted within the Community or within any ·Lot, with the exception of dogs, cats, or other usual and common household pets in a reasonable number, as d~termined by the Board; provided, however, those pets which- are permitted to roam free, or, in the sole

{discretion of the Board, endanger the health, m~ke objectionable noise, or constitute a nuisance or inconvenience tc)~exs of otner Lots or the Owner of any property located adjacent to the Community may be removed by the Board. No pets shall be keptr bre·a· or maintained for any commercial purpose. Dogs which are household pets shall at all times whenever they are outside a Lot be confined on a leash. without prejudice tq~the Board"s right to remove any such household pets, no household pet that has caused damage or injury may. be walked in the Community~

Section 8. Nuisance. It shall be the responsibility of ·each Owner and Occupant to prevent the development of any

... unclean, unhealthy, unsiqhtly or unkempt condition either in or

, . around his OJ: her Lot. No Lot shall be used, in \lrhole or. in partt for the storage of any property o~ thing that will cause such Lot '!:.9 .J!Ppea.J:' to be i~n-.or__\l....n~ condition or that wl~ obnoxious to the eye; nor shall any substancer thing or material be kept in any Lot or around said Lot that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might di~turb the p~acet quite, safety, comfort, or serenity or the Occupants of surrounding Rrbperty •

No noxious or offensive activity shall be carried.pn in any Lot, nor .s~~11 anything be done therein intending to cause embarrassment, discomforty annoyance or nuisance to any person using any property adjace~t to said Lot~

Section 9. Unsightly or Unkempt Conditions. The pursuit of hobbies of other activitiesr including specifically, without limiting the generality'''of the foregoing~ the assembly .and disassembly of motor vehicles and othe~ mechanical devices, which might tend to cause disorderly~ unsightly, or unkempt cond~tions, shall not be pursued or undertaken in any part of the community.

Section 10. Architectural Standards. No exterior construction, alteration, addition, or erection of any nature

. whats'oever shall be commenced OJ:. "placed upon any part of the Community, except such as is installed by the Declarant, or as is approved in accordance with this Section, or as is otherwise expressly permitted herein. The Board or its designee shall be the sole arbiter of such plans and may withhold approval for any

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reason, including purely aesthetic considerations, and it shall be entitled to stop any construction or modifications in violation of these rest~ictionSA

Section 11~ Antennas A No exterior antennas of any kind shall be placed, al lowed I or ItHl.intained upon any portion of the community, including any Lot. without the prior written consent of the Board or its designee~ Ho~ever, the Board reserves the right to (but,sha.ll not be obligated to) erect a roaster antenna, satellite dish or other similar master system for the benefit of the Community.

Section 12. JJighting. The following exterior lighting may be installed without the necessity of obtaining the prior approval of the Board of its designee: (a) seasonal decorative lights during the Christmas season; (b) illumination of entrance £eatu~es constructed by the Declarant; and (c} other lighting originally installed by the Declarant~ Plans for all other exterior lighting must be submitted and approved in accordance

with the terms and provisions hereof A ~

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Section 13~ Guns. The use of firearms in the Community is prohibited. The term tlfirearms·' includes "B~B" guns, pellet guns, and small firearm~ of all types.

Section 14. Solar DevicesA No artificial or man-made device which is designed or used for collection of or heating by solar energy or other similar purposes shall be placed, allowed, or maintained upon any portion of the Community, including any Lot, without the prior written consent of the Board or Lts dasigneeA

Section 15. Fences. No fence or fencing type barrier of any kind shall be placed, erected, allowed, or maint~ined upon any portion of the community except, however, a wooden privacy fenc~s a maximum of six feet (6t) in height, subject to the revfew and approval of the Board or its designee.

Section 16. Exterior ColorsA The exterior of all improvements must be painted or re-painted in a color used by Declarant in the original construction and marketing of the Lots within tho Community dr in a color which has previousl'y been approved by the Board or its designee.

, Section 17. Obligation to Cure. In addition to the enforcement remedies available to the Association, the Association shall have the right to cause any Owner who violates the restrictions contained herein to cure the violation at such Own·er t a expense.

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ARTICLE VII

INSURANCE AND CASUALTY LOSSES

Section 1. Insurance. The Association's Board of Directors or its duly authorized agent shall have the autho~ity to and shall obtain insurance for all .i.nuu r ab.Le impx-ovements located on the Common Property or required to "be maintained by the Association unde r .,the terms and provisions hereof ~ This insurance shall cover loss or damage by fire or other hazards, includinq extended coverages vandalisml and malicious mischief and shall be in an amount sufficient to cover the full ~eplacement'cost of any· repair or reconstruction in the event of damage or construction from any such hazard. Alternatively; the

. Boa-rd may purchase "all-risk" coverage in like amounts.

Premiums for all insurance shall be common expenses of the AsscciationA The policies may contain a reasonable deductible, and'the amount thereof shall be added to the face amount of the policy in determining whether the insurance ~t least equals the full. replacement cost.

Section 2. Da.mage and Destruction - Common Property.

,(a) In GeneralA Immediately after the damage or dest~uction to all or any portion of any improvements covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agents shall procoed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of· repair or reconstruction of the damaged or destroyed propertyA

(b) Repair and Reconstruction. Any damage or destruction to property required to be covered by insurance writt~n in the name of the Association shall be repaired or reconstructed

un Le.s s , wi thin sixty {60) days after the casualty ~ at least seventy-five (75%) percent of the total Association vote

. otherwise agree. In the ,event that it should be determined by the Association that the damage or destruction shall not be repaired or reconstructed and no alternative improvements a~e authorizedr then and in that event the property shall be resto~ed to its natural state urid maintained as an undev~loped portion of the Community by the Association in a neat and attractive condition.

ART1CLE VIII

CONDEMNATION

Whenever all or any part of the Common Property shall be taken by any authority having the power of condemnation or eminent domain, the Association shall represent the Owners. The

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award made for such taking shall be payable to the Association as Trustee for all Owners.

ARTICLE IX

ANNEXATION OF ADDITIONAL PROPERTY

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The: Declarant shall have the ,unila.teral right, privilege, and op t i.on from time to time a t any time un til ten (10) years after the recQrding of this Decla.ration and shall have the authority to annex additional property which shall be governed by a supplementary Declaration describing said property being , annexed. Any such annexation shall be effective upon the filing fo~ record of such supplementary Declaration unless a later effective date is provided therein. As long as covenants applicable to. the real property previously subjected to this De~laration are not changed and as long as the rights of then Owners are not adversely affected, the Declarant may unilaterally amend this Declaration to reflect the diffe~ent character of any such annexed real property.

ARTICLE X

MORTGAGEE PROVISIONS

The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The pro~isions of this Article apply to both this Declaration and to the By-Laws; notwithstanding any other provisions contained therein~

Section, 1. No Priol:ity~ No provision of this Declaration or the By-Laws gives O~ shall be construed as giving :any Owner or other party priority over any rights of the first Mortgagee of ani ~ot in tho case of distribution to such Owner of insurance proceeds: or condemnation awards for losses to or taking of the Common Property.

section 2~ Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the horde:r: of any Mortgage encumbering "such Owner's Lot.

Section 3. Amendments by Board. Should the Federal National Mortgage Association, the Pederal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their ~es~cctive requirements which necessitate the provisions of this Art-icle or make any such requirements less stringent, the Board, wi thout approval of t.he Owners I may cause an amendment to this Article to be recorded to r~flcct such change~.

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section 4. VA/HUD ApprovalA As long as the Declarant has the right to appoint or remove the Directors _, and Of f icers 0 f the Association and so long as the project is approved by HUD for insuring any Mortgage in the Community or the VA for guaranteeing any Mortgage in the ·Community, the following actions shall require the prior approval of the VA and/or HUD, as applicable:

Annexation of additional property to the Community, except for annexation ~y Declarant in accordance with"the preceding Article, pursuant to a .pl~n of anne~ation previously approved by the VA and/or HOD, as applicable; dedication of Common Property to any public entity; mergers and consolidations; dissolution of the Association; mortgaging of Common Property; and material amendments ·to this Declaration, the By-Laws, or the Articles of Incorporiltion~

ARTICLE XI

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EASEMENTS

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Section 1~ Easements for. Use and EnjoymentA

(a) -Every Owner of a Lot shall have a right and easement of ingress and egressr use and enjoyment in and to the Common Property which shall be appurtenant to and shall pass with the title to his Lot, subject to the following provisions~

(i) The right of the Association to charge reasonable admission and other fees for the use of any portion of the Common Property, to limit the number of guesta of Lot Owners nnd tenants who may use the Common Property, and to provide for the exclusive use and enjoyment of specific portion~ thereof ,at certain designated times by ~n Owner, his family, tenants, guests and invitees;

" {ii) The right of the Association to suspend the voting

"rights of a Lot Owner and the right of an OWner to use the recreational facilities! if any, available for use by the Community, for any period during which any assessment against his Lot- which is hereby provided for remains unpaid; and, for a reasonable period for an infraction of the Declaration, By-L'itws, or zu Le s and regulations; /-

(iii) The right of the Association to borrow money for the purpose of improving the Common Property, or any portion thereof, or for construction, repairing or imphoving any facilities located or to be located thereon, and give as security for the payment of any such loan, a Mortgage conveying all or any portion of the Common Property.

(iv) The right of the Association to dedicate or transfer all or any portion of the Common Property subject to such conditions as may be agreed to by the members of the

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Association. No such dedication or transfer shall bo· effective unless an instrument agreeing. to such dedication or transfer has been approved by Declarant {SO long as

" Declarant owns any property for development and/or sale within the Community or has the right unilaterally to annex additional property to the CornmunitYl and Owners representing at least two-thirds (2/3) of the total Associa,tion vote (other than 'Declarant. so long as the consent af Declarant is requ~~ed).

(b) Any Lot Owner may delegate his or her right of use and enjoyment in and to the. Common Property and facilities located thereon to the" 'members of his family, his tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Ownerts Lot, .if lea5cd~

section 3. Easements for utilities. There is hereby re~erved to the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing ~~d maintaining all utilities serving the Community ·or any portion· thereof.

Sect~cn 4. Easement for Association Maintenanc~A Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community as are

~- necessary to allow for the maintenance required hereunder. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment to Owner's property. Reasonable steps shall be taken to protect such property~ and damage shall be repaired by the person causing the damage at his sole expense.

·Section 5. Easements for Maintenance and Repair. There shall be reciprocal appurtenant easements between adjacent Lots for the purpose of maintaining or repairing the improyements. The Lot OWner exercising the easement right shall be liable for th~,~rompt repair of any damage to the Lot over which this ease~ent.·is exercised which is caused by the maintenance or repair~ The damaged portions of such Lot shall be restored to substantially the same condition as existed prior to the damage.

section 6. Easement fo~ Entry. In addition to the right of the Board to exercise 'self-help as provided hereinabove, the Board shall have the right, but shall not be obligated, ~o enter upon any property within the Community for emergency, security, an4- safety reasonSA Except in an emergency situation, entrance shall only. be during reasonable hours and after notice to the Owner, and the entering party shall be responsible for any damage caused thereby. This right of entry shall include the right of the-' Board to enter to cure any condition which may i noz ea s e: the possibility of a fire or other hazard in the event an· Owner or Occupant. fails or refuscs to Cllre the condition upon request by the Board.

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Section 76 E~sements for Common RiEhts-of-Way~ Declarant hereby creates joint and reciprocal casement~ in perpetuity for vehicular and pedestrian traffic in, upon, over and across those a~eas in the Community. No Owner of any Lot shall be allowed ~o change, alter or diminish the right of the Owners of such Units to the use and enjoyment of common ~ights-of-way6

Section 96 Pede'strian Easements. Declarant hereby expressly rese~ve9 perpetual pedestrian easements for access across Common Areas within the community for the benefit of the Association and Owner if an to the extent any such easement is shown on any plat for the Community recorded by Declarant in the deed records of Cobb County, Georgia.

ARTICLE XIX

GENE RAIl PROVI S IONS

Section 1. Enf.orcement. Each ~ner ang every Occupant of a Lot.shall comply strictly with the By~Laws, the rules and regulations I the use restri.ctions, as they may be lawfully amended oi·modified from time to time, and with the covenants, conditions and restrictions set forth in this Declaration. The

. Board of Directors may impose fines or. othe~ sanctions, which shall be collected as provided herein, for the collection of as.sessmenb:i 6 Failure to comply with this Declaration, the ByLaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the'. Association, or, in a proper case, by an aggrieved Owner.

Failure by the Association or any Owner to enforce any of the foregoing aha.Ll, in no event be deemed a waiver of the right to do so thereafter6

·,.Section 2. Self~Relp~ In addition to any other remedies prov~ded .for herein, the Association or ~ts duly authorized agent shall have the power to enter upon the Common Property to abate or remove, using such force as may be reasonably necessary, any structure, thing or· condition which violates this Declaration, the By-Laws, the rule~ and regulations, or the use restrictions. Unless an emergenc:y sItuation exists, however I the Boa'ird shall give the violating Lot Owner ten (IO) dayst written notice of its

intent to exercise self-help. .

Section 3. Duration. The covenants and restrictions of this Declaration shall· run with and bind the Community, and inure to ~he benefit of and shall be enforceable by the Association or any·Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent permitted by law. Every purchaser or grantee of any interest {including,

l _ without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other

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conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this

Section. . '

Section 4. Amendment. This Declaration may be amended unilaterally at any time and from time to time by the Declarant if such amendment is necessary to bring any provision hereof into compliance with any appl.:i.c<lble governmental statute, rule, or regulation or.juqicial determination which shall be in conflict therewith; if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respeot to 'the Lots subject to this Declaration; if such amendment .is r·l!:quircd by an institutional or governmental lender or purchaser·of mortgage loans; or, if such amendment is ne~essary to enable any governmental agency or reputable private insurance company to guarantee or insure mortguge loans on the Lots subject to this Declarationi provided, however, any such rumendment shall not ad~ersely affect the title to any Owner·s Lot uhiess any such Let Owner shall consent thereto in writing •

.

In addition to the above, this Declaration may be amended

upon the affirmative vote or written consentt or any combination thereof, of Owners of at least two~thirds {2/3) of the Lots and the consent of the Declarant (so long as the Declarant owns any property and/or sale in the Community or has the right uni1aterally to annex additionnl property to the Community). Amendments to this Declaration shall become eff~ctive upon recordation, unless a later effective date is specified thereina

Section 5. Par.tition~ The Common· Property shall remain undivided, and no Lot Owner nor any other person shall bring any action for partition or division of the whole or. any part thereof without the written consent of all Owne~s of all portions of the property located within the Community and without th~: ·written consent of all holders of all Mortgages encumbering any portions of ,the property, including, but not necessarily limited to, the Lot-s:located within the Community.

section 6. Gender and Grammar. The singular, whenever used herein, shall be co:nstrued to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and

feminine. ~.

Section 7. Severability~ Whenever possible, each provision of this Declaration shall be interpreted in such manner as to b~ effective and valid, but if the application of any provision of this Declaration to any person or tD any property shall be prohibited or held invalid, such prohibition or invalidity shall not, affect any other provision vi the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable.

i .

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t INi II HII~ II jl jll II 11111 IN II III II III " "I I. ,tI I 111

Section 8. Captions. The captions of each Article and Section hereof, as to the contents of each Article and Sectionl are inse~ted only fo~ convenience and are in no way to be c~nstrued as defining. limiting, extending I or otherwise modifying or adding 't o the pa:r:-ticular Article or Section to which they refer.

Section 96 Conveyance of Common Pr.ogerty by Declarant to Association: Assignment of Contr~cts. The Declarant may transfer or convey to the Association any personal p~oFerty and any improved·or unimproved real property, leasehold, easement, or other pr ope.r t.y interest 4 Such conveyance shall be accepted by the Association, and the property shall thereQfter be Common prpperty to be maintained by the Association for the benefit of all or a part of its memberS6 Declarant shall not be required to ~ake any improvaments whatso~ve~ to property. to be conveyed and acqepted pursuant to this Section. The Association shall also acbept assignment of any contracts entered into by the Declarant for the benefit of the Association of the Owners •

. Section 106 Indemnification 6 In accordance with the Georgia Nonprofit Corporation Code and to the full extent allowedt t.he Association shall indemnify every perso"n who was or is a party or who is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civill criminal, administrativer or investigative, other than action by or in the right of the Association), by reason of the fact that such person is or was serving as a director or officer of the Association against any and all expenses, including attorneys' fees, imposed upon or reasonably in6ur~ed in connection with ilny action, suit, or proceeding, if such person acted in u manner reasonably believed to be in or not opPQsed to the best ~nterests of the Association and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. Any indemnification hereunde~ shall be made,.by the Association only as authorized in a specific case upon a determination that indemnification of the person is proper under the ci:r:-cumstances.

. .

section 11. Books and Records .

(a) Inspection 6y Members and Mortgagees6 This·~ Declaration, the By-Laws, copies of rules and use restrictions, membership register, books of account, and minutes of meetings of the' members of the Board and of committees shall be made available _ .fo'r inspection and copying by any member· of the Association or by his duly appointed representative and by holders, insurers, or guarantors of any first Mortgage at nny reasonable time and for a purpOse reasonably related to his or her interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other

\. __ . reas onable place a s the Board shall prescribe.

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(b] Rules for Inspection. The Board shall establish reasonable rules with respect to:

(i) Notice to be given to the custodian of the :r-ecords;

(ii) Hours and days of the week when such an inspection may be made; and

(iii) Payment of the c oe t .of producing copies of documents.

(c) Inspection by Directors. nv~ry Director shall have the absolute right at any reasonable time to inspect ,all books, records, and documents of the Association and the physical properties owned or cont:t:'olled by the A.ssociation. Th(!l right of inspection by a director includes the right to make extra copies of~documents at the reasonable expense of the Association.

Section 12. F.inancial Statements. FinAncial statements for the Associa~ion shall be compiled annually in the manner as the Board of Directors may decide; provided, how~ver, after having received the Board's £inancial statements at the annual meeting, the Owners, by a Majority vote, may require that the financial statements of the Association be audited as a common expense by a certified public accountant. Upon written request of any institutional holder of a first Mortgage and upon payment of all costs associated therewith, such holder shall be entitled to receive a copy of the audited financial statements of the Association within ninety (90) days of the date of the request.

Section 13. Notice of Sale or Lease. In the event an Owner sells or leases his or her Lot, the ~~ner shall give to the Association, in writingl the name of the purchaser or.~essee of the Lot and such other information uS the Board may reasonably requ~.:r;e.

Section 14. ABreement5~ Subject to the prior approval of Declarantt so long as the Declarant h~s an option to unilaterally subject additional property to this Declaration as provided in Article IX.ubave, all agreements and determinations, including set tlement agreement s rEgarding 1 i tiga tion imrol ving the Association, lawfully authorized by the Board of Directors shall be binding upon all OWners, their heirs~ legal representatives, successors, assigns, and others having an interest in the Community Dr the privilege of possession and enjoyment of any part of the community.

'·Section 15. variances. No'twithstanding anything to the contrary contained hcr~in, the Board of DirectQ~s or its designee shall be authorized to grant individual varianceG from any of the provisions of this Declarationt the By-Laws and any rule~

\. regulation or use restriction promulgated pursuant thereto if it

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Deed nook 11913 PD 73

11 .. 111 ijlllllll.t·11 nlll IN n 1'1 U III U If. U 'rlllli

determines that waiver of application or enforcement of the provisions in a particular case would not be inconsistent with the overall scheme of development for the Community~

section 16. Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy five percent {1S%) of the Total Association Vote.. This Section shall not apply, however, to (a) actions. hr.ought by the Association to enfo:r.ce the provisions of this Declaration (including, without limitation, the foreclosu~e of liens)~ (h) the imposition and collection of assessments as provided ~n Article IV hereof, (c) proceedings Lnvo Iv.i.nq challenges to ad valorem taxation, or (d) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant or is approved by the percentage votes, and pursuant to the same procedures, necessary to·,_lnstitute proceedings as provided above.

Section 176 Implied Rights. The Assosiation may exercise any right or privilege given to it expressly by this Declaration, the By-Laws, the Articles 9£ Incorporation, any use restriction or rule, and every other right or privilege ~easonably to be impl.i.ed from the existence of: any right or privilege given to it therein or reasonably neccssary~. to effectuate any such right or

< privilege.

Section 18. Use of Recreational Facilities by Nonmembers.

For so long as Declarant bas an option to unilaterally subject additional property to this Declaration, Declarant shall-have the right to grant to persons who are not members of the Association the right to use the Community recreational facilities (if any) con5tructed by Declarant.

{RmmINDER OF' PAGE INTENTIONALLY LEFT BLANK. <) •.

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I Inl II 11111 H jlllili UIIIIII n III ~ III jl III If JlIIIII

IN WITNESS WHEREOF, the undersigned has executed this

ins trume nt and a f fixed its sea 1. T thi s J?- day of "t1.:;..v~ , 1998.

Gr.ove Park Development, Inc., a Georgia Corporation

Signed, sealed and delivered

:~f:

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EXHIBIT. "A""

t .

. ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot

28, 29, 48 and 49 of the 20th District, 2nd Section, Cobb County, City of Acworth, Georgia, and being more particularly described as follows:

Beginning at th~ southeast. ccir~er. of Land Lot 28, said corner being common to Land Lots 27., 28, 49 tlnd 50; thence north 07°44·1B~ west~ 2,181.76 feet to a point; thence south B4°20·00H west, 56.30 to a point; said point being the POINT OF BEGINNING; thence south 84°20tOO" west, 145.71 feet to a point~ thence along a curve to 'the left, art arc distance of 160.00 feet, said curve having ~ radius of 1,120.42 feet and being subtended by a chord o£ 159.86 feet, at south 07°12'55" east, to a point; thence south 11°18·23" eastr 46.00 feet to a point; thence south 56°00'00" east, 29.47 feet to a pointr said point being on the northerly right-of-waf of Grove Park Road {R/W varies); thence along sa1d northerly r.1.qht-of~way and n curve to the 1eftt an,arc distance of 101.77 feet, said curve having a radius of 871.97 feet and being subtended by a chord of 101.72 feet, at south 77°30'54~ west, to a point; thence leaving said north~rly right-of-way north 31°00iOO" east, 31.1S.feet to a point~ thence north

11 °IB' 23" _ W"est, 4: 6.00 feet· to a point; thence along a curve to the rightl an arc distance of 160.75 feet, said curve having a radius of 1,180.42 feet and being subtended by a cho~d of 160.63

, feet, at north 07°24'lB~ west, to a point~ thence south 71°36122" west/" 492.74 feet to a point; thence'north 12°S9t541t west, 293.17 feet to a point; thence north 47c30'OOM east, 125.00 feet to a point; thence north 00033t23~ west, 76.52 feet to a point~ thence north 32°03'OO~ west, 283.56 feet to a point~ thence north 09°00'00" west, 12.99 feet to a point; thence north 43°43!10" westr 99.92 feet to a point; thence north 05D43'30~ west, 67.54 feet to a point~ thence north 52°36'10" westr 110.96 feet to a point; thence north 40cOO'42M west, 40.25 feet to a point, said point being the centerline of a crcek~ thence alon9 said centerline of a c~eck 1,031 feetl more or less, sa~d.creek having a chord of 869.78 feet at north 41°15'29" east, to a point; the~ce leaving said centerline of a creek south 29025~59" east, 38.47 feet to a point; thence south 37°5Btl1~ east, 62.73 feet to a point; ·the·nee south 41°25' 30" east, 109.59 feet ·to a point; thence south 53a51'56~ eastl 29.24 feet to a point; thence south 15°10'07~ ea~t, lSa.97 feet to a point; thence south 68D15'2B~ east, 106.90 feet to a point; thence south 47°09'09" east, 126.82 feet to a point; thenc~ south 26°07t33" east, 66.26 fcat to a point; thence south 44°00'00" wcstl 63.80 feet to a pdint; thence south 26°07'3)" east, 15.QO feet to a pointi thence south 40°22'22" west, 115~75 feet to a point~ thence soutb 05°50'47" we.st, 68.15 feet to a point; thence along a curve to the left, an arc di 5 ta.nce of 195. 96 feet, said curve having a radius of 124.48 feet and being subtended by a chor.d of 176.35 feet, at north

7 6D39 ' 00 'I west ~ to a point i thence south 58°15' 01 II west, 7 B. 0 a feet· to a point; thence south lSQOO' 00 II west, 28.06 feet to a point; thence south 31°47158» 8DSt, 247.14 feet to a point; thence north 58°12'02n east, 110.00 feet to a point; thence south 31°47·58" east, 78.71 feet to a point; thence south 19°00'OO~ eastl 114.84 feet to a point; thence south 11°00'00" east, 331.34 feet to a point; said point being the POINT OF BEGINNINGi said tract or parcel of land contqins 20.90 acres~ .

D~{'d Bf.lIlH 11 9 13 Pg 76

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EXHIBIT '1a"

DEFINITIONS

The following words, when used in this Declaration or in any amendment thereof {unless the context shall prohibit), shall have the followi.ng meanings:

(a) "Associ~tion" shall mean and refer to Grove Park Homeowners Association, Inc.

(b) ~Board of Directors~ or "Board" of the Association shall be the appointed or elected body, as applicable[ having its normal meaning under Georgia corporate law~

(C') tl By-Laws" shall refer to U).B By-Laws of Grove Park

Homcowne~s Associdtion, IncA.

'.

(d) "Common Property" shall mean any and all real and personal property and easements and other ipter.ests therein, together with the facilities and improvEments located thereon, now or hereafter owned by .the Association for the common use and enjoyment-of the Owners.

(e) 11 Community" shall mean and refer to that certain real property and interests therein described in Exhibit "A", attached hereto, and (i) such additions thereto as may be made by Declarant {or its Mortgagee or transfe~ee, as provided in the Declaration) of all or any portion of the real property described in Exhibit ~A~, attached hereto; and {ii) such addition6 thereto as may be made by the Association (as provided in the Declaration) of other real property.

(f) "Declarant" shall mean and refer to Grove Park D~velopment, Inc., a Georgia Limited Liability Corp~~ation, and its·sllccessors-in-titlc and assigns, provided any such successorin-title or assign shall acquire for the purpose of development or sale alloT any portion of the rem~ining undeveloped o~ unsold portions of the real property described in Exhibit "A«, attached her.eto~

.r

(g) "Lot" :Jha.l'l mean any Lot within the Community which

constitutes a single family dwelling as shown on the plat for the CommunitYt or amendments the~etol recorded in the deed records of Co~b County, Georgia. The ownership of each Lot shall include, and there shall pass with each such Lot as an appurtenance thereto, whether or not separately described, all of the right, title and interest of an Owner in the Common Property, which shall include, without limitation, membership in the Association.

(hj "Majority't means those eligible votes, Owners, or other group as the context may indicate totalling more than fifty percent (50%) of the total eligible number..

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D~Nl Bno/( 119.13 Pf} 77

Jay C~ Stephenson C1~rl~ cf 5t1p~rior C[)I.lr-t

Cobb Cau~tYt Genr9i~

(i) 1>Mor.tgage II means any mortgage, deed ~JflI !~~M_~IIdMUl~~llijNllIIUIIIIIIII any and all other similar instruments used for the purpose of

conveying or encumbering real property as security for the

pilyment OJ: satisfaction of an obligation.

(j} HMortqag~e" shaJ.l mean the holder of a Mortgage.

(k) "Occupant" shall mean any ~erGon occupying all or any portion of a Lot, o~ other property located within the Community for any period of time, regardless of whether such Person is a tenant of the Owner of such property.

( I) ,t OWner" s hall mean and ref e r to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the ComrnunitYr excluding, however, Clny Person holding such interest merely as secur.ity for the performqncc or satisfaction of any obligation.

".

em) "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited),

association, .trust, or other legal entitY6 ~

(nj "Su.pplementary DecLlration" means an amendment or supplement to this Declaration which subjects additional property to this Declaration or imposest expressly or. by reference,

,'. additional rc:s-t:rictioo5 and obligations on the land described . therein~ or both.

(0) "Total Association voteH means all of the votes

a t tr ibu table to members of the Assoc:ia tion (inc 1 uding vote,s of Declarant) and the consent of Declarant (so long as Declarant owns any property for development and/or sale in the Community or has the right unilaterally to annex additional property to the Communi ty) .

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