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    ARTICLE 2: PROPERTY RIGHTS 4 2. Common Area. 2. No Partition 4 ARTJ[CLE 3: MEMBERSHIP AND VOTING RIGHTS 5 Voting 5 ARTICLE 4: Function of Association ; 6 4. Personal Property and Reai Propertv for Common Use 6 4. Dedication of or Grant of Easements on Common iuea 8 4. Provision of Servic es 9 5. Standard of Performance 11 ART

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    ARTICLE 2: PROPERTY RIGHTS 4 2. Common Area. 2. No Partition 4 ARTJ[CLE 3: MEMBERSHIP AND VOTING RIGHTS 5 Voting 5 ARTICLE 4: Function of Association ; 6 4. Personal Property and Reai Propertv for Common Use 6 4. Dedication of or Grant of Easements on Common iuea 8 4. Provision of Servic es 9 5. Standard of Performance 11 ART

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    19 views49 pages

    Declaration 9 2 09

    Uploaded by

    sunshinedavidson
    ARTICLE 2: PROPERTY RIGHTS 4 2. Common Area. 2. No Partition 4 ARTJ[CLE 3: MEMBERSHIP AND VOTING RIGHTS 5 Voting 5 ARTICLE 4: Function of Association ; 6 4. Personal Property and Reai Propertv for Common Use 6 4. Dedication of or Grant of Easements on Common iuea 8 4. Provision of Servic es 9 5. Standard of Performance 11 ART

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    Deed Book 12573 Py 462 ‘and Recarded (ct~24-2081 O4r87pe 2801-2139425 | Cwfehlath Linda Certer Clerk of rt Dekalb Cty. Bay ‘Gein gad WUT ee Lad DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HENDERSON RESERVE 37, Deed Book 42579 by 463 A 8 A TABLE OF CONTENTS ARTICLE DEFINITIONS... 11 “Additions rover” 12 “ARB... a i 13, “Area of Common Responsibility”........... 14 “Articles of Incorporation” ox “Avticles™. 15 “Association”. a : 16 “Board of Directors” of Boarder : 7 br . seveeee tne be sqeeueees 18 19 ) 10 Lil 112 13 1d 1s : 1.16 “Development Period”. . 1.17 “General. Assessment”... 118° “Governing Dosuments”. 18 . 120 i2t 1 123 124 125 1.26 427 128 eee : ee 129 “Specific Assessment. ‘| ae 130 “Supplemental Declaration’ . ves 131 Unit ARTICLE2: PROPERTY RIGHTS, 21 Consmmon Area... 22 NoPartition... 23 Condesmnation.... eee ARTICLE 3: MEMBERSHIP AND VOTING RIGHTS. 3.1 Membaship. 32 Voting . ieee 7 7 bobbed bb bd DSLLLELLLEL BELL LR RRRRERD ARTICLES: ARTICLE 6: ARTICLE 7: ARTICLES ARTICLE 9: RIGHTS AND OBLIGATIONS OF THE ASSOCIATION. 41 Function of Association... 42 Bers yoerty and Real 43 4a 45 46 47 48 MAINTENANCE. 5. ation’ ibility 52 Owner's note seems 53 Standard of Performance... INSURANCE AND CASUALTY LOSSES. 6.1 Association Insurance... 62 Quners' Insurance. ANNEXATION AND WITHDRAWL OF PROPERTY. 7.1 Anigaetion by Declsran. 72 Aunexationby Membership 73 Withdrawal of Property... rsne 74 —Adéitional Covenant 2 13 al 32 a3 84 8S 86 87 88 39 810 a 8.1 Defyule Interest Rate: NSF Checks: ARCHITECTURAL STANDARDS. sa Seen 92 Architectural Review... 93 fdelines cedures, 94 So i osons.. 93 Waiver of Funure Apnrovals 9.6 — Variance. 9.7 Limitation of Lisbility. Deed Bock 42579 py me eH Le ene ean 6 6 6 8 B sok 8 10 u SIYCLE d: NS OF Reed Bock LEST 0 465 acct ta Bunctonal Asante en SOCATON fa LT in 42 Petsonal Pronerv and Real Proverty for 6 43° Eafe nn 6 44 Implied Riche: Board Auton... 3 45 Indemnification. ... oeee! aoe | 46 " ne 47 7 48 9 ARTICLES: MAINTENANCE... 5.1 Association's Responsibility. 52 Oumer’s Resoonsibility.. 53 Standard of Performance, ARTICLE 6: INSURANCE AND CASUALTY LOSSES... ce aa pesnenenel 6.1 Association Insurance 7 2 62 Owners’ Insoranee 15 ARTICLE 7: ANNEXATION AND WITHDRAWL OF PROPERTY. ...0..:ccsectentmsestansnssinntceeneealS 71 Annexation by Declarant... oe oul 5 72 Annexation by Membership... 7 eesstsesecentnenseenesoiiee dS 73° Withdrawal of Propezty.. sesetnnenae scenes 74 Additional Covenants and Basements... 16 75 Amendment 7 16 ARTICLE 8 ASSESSMENTS. 7 8.1 Grestion of Assessments... 82 Declarant’s Obligation for Assessments..cscsenniseesstenteset i 7 83 Computation of General Assessmeats....... : eal 84 a i - 7 18 Bs a8 86 19 87 39 88 20 89 20 8.10 ae 7 see a0: B11 Default Intorest Qate: NSF Checks: Late Fees... . 20 ARTICLE 9: ARCHITECTURAL STANDARDS. i eee aes 221 91 General : ‘| eee ee ai 92 Architectural Review... oe eesennesc enters 93 Guide pro. sD 94 Specific Guidetinés and Restrictions. 2 95 No Waiver of Fume Approval 96 Variance 9.7 Limitation of Lisbility | Deed Book 12579 Pe FES, TEER ERE ‘ 98 Enforcement... 24 ‘ARTICLE 10: USE RESTRICTIONS. 101 eal... 102 Rules and Resulations 103 Occupants Bound. | | ios Lessing... 103 106 107 Parking: 308 Use of Common Ace: 109 Impairment of Dwellings and Sacersens. 10.20 Animals 254 PRIS. .ssennnnere enn 10.11 Nuisange........ i012 Storage of 10.13 Combustible Licuid 10.14 Subdivision of Unit. 1015 Drainage and Grading... 10.16 Tnigation. ARTICLE 11. 28 29 n2 23 13 30 na 30 ns 30 16 7 : 30 in7 30 ARTICLE 12: MORTGAGEE PROVISIONS. 12.4 Notices of Action. 12.2 No Priority....nroeene 123 Notice io Association. 7 124 Failure of Morteaoee to Respond. 31 125 Construction of Article 12. 3h ARTICLE: 13. DECLARANT’S RIGHTS... Sooo Sa Sa atetretcrer eet 13.1 Transfer or Assignment... ae 32 132 Development and Sales estat sonineee See 32 133 [provements to Common Areas. 32 134 Adéitional Covenants, - 7 32 nS Rie “BY Member to Dis Actions... 32 136 Amendments... a - 33 ARTICLE 14: GENERAL PROVISIONS. cose eee = : 33 141 Durston eectessenesnesnninsesennen - i 33 142 Amendment. 34 Exhibit aan “pr a 143 i44 145, 146 147 14g 149) 14.10 win 142 Deed Bock 12579. SEH TABLE OF EXHIBITS Subject Matter Land initially Sumitted ‘Additional Property By-Laws of Henderson Reserve Townhomes Association; Inc, 467 CO Deed Book 42579 Py 468 ‘VDE ES RE ER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ‘HENDERSON RESERVE TOWNHOMES ASSOCIATION, INC. ‘THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Declaration") is zoade as of the date aot forth on the signatre page hereof by Jolly Acquisitions, LLC, » Georgs limited lability company (the “Declarant”, Declarant is the ovmer of the zeal property doscribed on Exkibit “A”, which is attached hereto and incorporated herein by this ference or f Declarant isnot the ove, suck owner bat consented to this Desisation- ‘The Declaration impotes upon the Properiies mutually beoeficial restrictions under a general plan of improvement tor the benefit of te owners ofeach portion of the Properties and extablishes a flexible and reasonable procadurs for the overall development, administretion, maintenance end preservation of the Properties. In fustherancs of such Plas, this Declaration provides for the creation of Heoderton Reserve Townhomes Association, Jc. to own, operate and tnaintain Common areas and t0 administer and enforce the provisions of this Declaration, the By-Laws, and the Design Guidelines (capitalized terms are defined in Article 1 below) Declarant hereby declares that all the property described on Exhibit “A” and any Aééitional Property subjected 1 tis Declaration by Supplemental Delrtion shell be eld, ec, wed end conveyed subject fe Be following exsemenis, resticdons, covenants, and conditions, which shall can withthe tile fo the rel repsty subjoved to this Decerasion. This Declaration sal be binding upon al parties heving any wight se, x SER in ty portion af Se Properties, heir hers, scorssr, sucess and assign, and shall ima othe benoit of each owner of any portion of the Fropécties, ARTICLE |: DEFINITIONS ‘The teams in this Declaration and the exhibits to this Declaration shall generally be given their nararal commonly accep definitions excapt as otherwise specified, Capiized terms stall be defined as st forth below. fia "All that certain reel property which is more partoulatly desoribed a Exhibit “BY, which is attached hereto and inconporated heroin by this seference, nd which real property‘ Siject to annexation to the terms ofthis Declaration n accordance with Article 7. 1.2. “ARB The Architectural Review Board, es deserted in Section 9.2 13 Maceao! sblty": The Common Aree, together with any addtional arcs, fay, ihe Association has or assurnes responsibly for whi sion” or “Amticles” The Articles of Incorporation of Henderson Reserve 14 ses fom time to lime with the Secretery of State of the Stat of ‘Towshores Assoeietion, inc, a8 filed and amended Georgia. Deed Book £2579 Py 469 0 A TE JS “‘Associstion”: Henderson Reserve Towhmones Association, Inc., a Georgia nonprofit corporation, its successors and assigns. 16 "Bosrd of Disectors” or “Board”: The body responsible for administration of the Association, selected as provided in the By-Laws and serving as the board of directors under Georgia corporate law. 1.7 “Builder”; Any Person who purchases one (1) or more Units for the purpose of consucting smprovements for later sale to consumers or who purchases one (1) or more parcels of land within the Properties for further subdivision, development, andlor resale in the ordinary course of such Person's business. Any Person ‘occupying or leasing 2 Unit for residential purposes shalt cease to be considered a Builder with respect to such Unit immediately upon oocupancy of the Unit for residential purposes, notwithstanding that such Person originally purchased the Unit for the purpose of constructing improvements for later sale to consumes. 18 “By-Laws”: The By-Laws of Henderson Reserve Townhomes Association, Inc., attached as Exhibit “Cas they may be amended. 1.9 “Class “B” Control Period”: The period of time ducing which the Class “B" Member is entitled to appoint s Majority of the members of the Board of Directors as provided in Section 3.2 1.10 “Common Ares” : All real and personal property , inchuding easements and lioenses, which the Association owns, eases or holds passessory or use rights in for the common use ané enjoyment of the Owners 11] “Common Expenses; The actual end estimated expenses incurred, or anticipated to be inoured, by the Association for the general benefit of all Owners, including any reasonabie reserve, as the Board mey find necessary and approgrists pursuant to the Governing Docursents. Common Expenses shall not include any expenses incurred dosing the Class 3” Control Period for initial development, original construction, installation of “nfrastructure, original capitel improvements, or other original construction costs unless approved by Members holding a Majority ofthe total Ciass “A votes of the Association. 142 “Community-Wide Standard” The standard of conduct, maintenance, or other setivity generally prevailing throughout the Properties. Such standard shall intially be established by the Declarant and may be more Specifically determined by the Board of Directors end the ARB, 113 "Days": Calendar days; provided however, ifthe time period by which any action required hereunder must be performed expires on a Sabrdzy, Sundey or legal holiday, then such sime period stall be automatically extended tothe elese of business on the next regular business day. 114 “Declarant’s_ Jolly Acquisitions, LLC, a Georgia limited liability company, or any successor, successor-inditle, or assign who takes ttle to any portion of the property described on Exhibits “A” or “B™ for the purpose of development and/or sale and who is designated as the Declarent in a ecorded instrument executed y the immediately preceding Declarant; provided however, there shall be only one (1) “Declarant” hereunder at any tine. Deed Book 22579 pg a7@ VRE eC 115 ‘Desian Guidelines”: The desiga, architectaral and construction guidelines and application end review procedures applicable to all or any portion ofthe Properties promulgated end administered pursuant to Axticle 9. 116 “Development Period": The period of time during which the Declarant owns any property which is subject to this Declaration or any Additional P ‘bas the unilateral right to subject Additional Property to this ‘Declaration pursuant to Section 7-1. The Declarant may, but shall notbe obligeted to, unilaterally relinquish its rights under this Declaration and terminate the Development Period by rovording a written instrument in the Public Records, . 117 "Generel Assessment’; Assessments levied on all Units subject to assessment under Article 8 0 fimd Common Expenses for the general benefit of all Unit, as more particularly described in Sections 8.1 and 8.3 118 “Governing Documents”: ‘The Declaration, By-Laws, Articles of Incorporation, all Supplémental Declarations, all Design Guidelines, the rules of the Association, and all additional covenants governing any portion of he Properties or any of the above, as each may be amended from time to time, 1.19 "Majority": Those votes, Owners, Members, or other group, asthe context may indicete, totaling ‘more than fifty percent (50%) of the total eligible number. 1.20 Master Plan”: ‘The lend use plan or development plan for “Henderson Reserve ” as such plan may be amended from ime to time, which plan includes the property described on Exhibit “AM and all or a portion ofthe Additonal Property described ox. Exhibit “B” that Declerent may ‘tom timo to time anticipate ubjecting to tis Declaration, Inclusion of property on the Master Pan shall not, under any circumstances, obligate Declarant t0 subject such property to this Declaration, nor shall the exclusion cf property described an Exhibit "B" fiom the Master Plan bar its later annexation in accordance with Article 7. 121 ‘Member's A Person subject to membership in the Association pursuant to Section 3.1 1.22 "Mortease": A mortgage, a deed of rus, a deed to ocure debt, o any other form of security instrument affecting title to aay Unit. 1.23 "Morteaeoe":_A beneficiary or holder of « Mortgage. 1.26 Owner: One (1) or moze Persoas who eld the recerd tide to any Unit, including the Declarant, but excluding in all cases any party holding an intrest merely as sect fr the performance of an obligation, ia Uz is ewned hy rte tan one (1) Person, all such Person shal be jot ad severally nnignted tn perform the responsbltes of suck Over. 1.25. “Person”: A natural person, a corporation, « partneship, «limited lisbility company, 4 iduciery acting on behalf of another person or any otter legal entity 1.26 "Broperties": The real property described om Exhibit “A” as such exhibit may be amended or supplemented from time fo time to reflect any additions or removal of property in accordance with Article 7, Dead Book 12579 Pg 47 A 1.27 ‘Public Records":_‘The Officiel Records of the Cleck of the Superior Court of DeKalb County, Georgia. 1.28 “Special Assessment”: Assessments levied in accordance with Section 8.4. 1.29 “Specific Assessment”: Assessments levied in accordance with Section 8.5. 1.30 ‘Supplements! Declaration’: An instrument filed in the Public Records which subjects Additional Property to this Declaration and/or imposes, expressly or by reference, additional restrictions and obligations on the and described in such instrument, + 131 “Usit": A portion of the Properties, whether improved or unimproved, which may be independently owned and conveyed and which is intended for development, use, and occupancy as an attached or detached residence for a single family. ARTICLE 2: PROPERTY RIGHTS 2.1 Common Area, Every Ovmer shail have a right and nonexclusive easement of use, access, and enjoyment in and to the Common Area, which is appurtenant to end shall pass with the tile to each Unit, subject to: (@) This Declaration and all other Governing Documents, (©) Any restrictions or limitations comtained in any deed conveying such property to the Association; (©) The right ofthe Board to adopt, amend and repeal rules regulating the use and enjoyment of the Common Area: (®) The right of the Association, acting through the Board, to mortgage, pledge, or ‘hypothecate any or all ofits real or personal property as scourity for money borrowed or debts incurred (©) The right of the Association, acting trough the Board, to dedicate or transfer all or axy + portion of the Common Area, subject to any approval zequirements set forth in the Governing Documents; and () __Theright of the Declarant to conduct activities and establish facilities within the Proporties as provided in Article 13, ‘Any Owmor may extend his or her right of use and enjoyment to the meabers of his or her family, leases, and social invitees, as applicable, subject to reasonable regulation by the Board. An Owner who leases his or her Unit shall be deemed to have assigned all such rights to the lesee of suck Unit. However, the Ormer will main responsible for and obligated to pay any and all assessments and all other charges. 22 No Partition: , Except as permitted in this Declaration, there shall be no judicial partition of the Common Area, No Person shall seek any judicial partition unless the portion of the Common Area 4 Deed Rock LEETS Py 7S i Habe A EEE ‘which is the subject of such partition action has been removed ftom the provisions of this Declaration. This Section shall not probibit the Board from acquiring and disposing of other real property which may or may not be susject 29 this Declaration. 2.3 Condermation. The Association shall be the sole representative with respect to condemnation proceedings conseming Common Aree and shall act as attomey-in-fact for all Owners in such matters. If any part of the Common Aree shall be taken by any authority having the power of condemnation or eminent domain or conveyed fn lien of and under threat of condemnation by the Board acting en the written direction of Members holding at least sixty-seven percent (67 % ) of the total Class” A” votes in the Association and, during the Development Perzod, the ‘weiter consent of the Declarant, each Owner shall be entitied to writen notice of such taking or conveyance rior to

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