'

I'

AMENDED AND RESTATED

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO AUDUBON PLACE, A SUBDIVISION

AUDUBON PLACE HOMEOWNERS ASSOCIATION, INC, an Alabama Corporation (APHOA) does by this Amended and Restated Declaration of Covenants, Conditions and Restrictions Applicable for Audubon Place, A Subdivision (this "Declaration") MAKE, PUBLISH and DECLARE AS FOLLOWS: RECITALS: A. Audubon Place Homeowners Association, Inc., an Alabama Corporation, filed for record certain maps or plats of Audubon Place recorded as follows: Phase One is recorded in Miscellaneous Book 0089, Page 0537 of the Baldwin County Probate Court Records; Phase Two is described according to the plat recorded in Slide 1721B of the Baldwin County Probate Court Records; and Phase Three is described according to the plat recorded in Slide 1722B of the Baldwin County Probate Court Records. All real property shown on the maps or plats described in this paragraph is collectively sometimes referred to in this Declaration as "Audubon Place." B. Articles of Incorporation for Audubon Place Homeowners Association, Inc. are dated June 19, 1996 and recorded July 15, 1996 in Miscellaneous Book 89, Pages 548 to 554. C. Audubon Place Homeowners Association, Inc., an Alabama Corporation, did execute, deliver and record that certain instrument entitled 'Declaration of Covenants, Conditions and Restrictions for Audubon Place, A Subdivision' dated June 19, 1996 and . recorded July 15, 1996 in Miscellaneous Book 0089, Pages 537 through 547. D. Audubon Place Homeowners Association, Inc., an Alabama Corporation, did execute, deliver and record that certain instrument entitled 'Declaration of Covenants, Conditions and Restrictions for Audubon Place, Phases Two and Three,' dated May 13, 1997 and recorded May 16, 1997 in Miscellaneous Book 0093, Pages 1207 through 1208. E. This Declaration is made pursuant to the amending authority contained in the original Declarations for Phases One, Two and Three of the Audubon Place. F. APHOA owns certain common property.

G. This Declaration amends, restates and replaces any and all Declarations of Restrictions and/or Covenants filed prior to the effective date of this Declaration.

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NOW THEREFORE, Declarant hereby declares that all of the real property described above shall be held, sold, and conveyed subject to the following easements, restrictions covenants, and conditions which are for the purpose of protecting the value and desirability of said real property and which shall run with the real property and be binding on all parties having any right, title, or interest in the described property, or any part of thereof, and upon all persons deriving title to any of the real property described above, and their respective heirs, successors, and assigns and shall inure to the benefit of each owner thereof.

ARTICLE I DEFINITIONS "Association" shall mean and refer to the Audubon Place Subdivision Homeowners Association, Inc., an Alabama non-profit corporation, its successors and assigns. This is the Declaration of Covenants, Conditions and Restrictions to which the Articles of Incorporation and Bylaws of the Association make reference. "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of a fee simple title to all or any portion of any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. "Properties" shall mean and refer to that certain real property hereinbefore described, such additions thereto as may hereafter be brought within the jurisdiction of the Association. "Common Areas" shall mean real property, easements, and any other interests in real property (including any improvements thereto or thereon) now or hereafter owned by the Association for the common use and enjoyment of the Owners. The Common Areas to be owned by the Association at the time of the conveyance of the first Lot are the fence, sign and landscape easement and park as designated on the plat." "Lot" shall mean and refer to each of the platted lots as shown on the Plat of Audubon Place, a subdivision as recorded in the public records of Baldwin County, Alabama. In the event a portion of a lot is added to another lot due to building encroachments, setback violations, or for other reasons, such combination of lots and the remainder of a lot shall also constitute a "Lot" under this definition. "Declarant" shall mean and refer to THE AUDUBON PLACE ASSOCIATION, INC., an Alabama corporation, its successors and assigns. HOMEOWNERS

"Plat" shall mean and refer to the Plat of Audubon Place Subdivision which is recorded in the public records of Baldwin County, Alabama in Slide 1657 B, Slide 1721 B and Slide . 1722B. . "Subdivision" shall mean and refer to Audubon Place Subdivision situated in Baldwin County, Alabama according to the Plats.

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ARTICLE II PROPERTY RIGHTS

Section 2.01 Common Area Easements: Every owner of every Lot shall have a right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with title to every Lot (even if not referenced in the document of conveyance) for the following purposes: (a) (b) (c) Displaying and maintaining a sign identifying the Subdivision on the fence, sign, and landscape easement shown on the plat. Erecting and maintaining a fence on the fence, sign, and landscape easement on the plat. Such other rights and easements as the Association may determine to be suitable for the use and enjoyment of the Owners. of enjoyment herein created and

Section 2.02 General. The rights and easements reserved shall be subject to the following provisions: (a) (b)

Right of the Association to expand or bring other properties within the jurisdiction of the Association. An easement in favor of Declarant and Association to develop and construct improvements on the Common Areas and to repair and maintain any existing improvements on such Common Areas; provided, however, Declarant shall have no obligation to so repair and maintain any improvements once constructed.

Section 2.03 Easement for Eave Overhang and Storm Water Runoff. There is hereby created over the Building Maintenance Easement an each lot an easement for roof eave overhang for the dwelling located on the lot adjoining the Building Maintenance Easement as well as for storm water runoff from such dwelling on to the easement.

ARTICLE III MEMBERSHIP AND VOTING RIGHTS

Section 3.01 APHOA. The operation and administration of Audubon Place shall be by APHOA. APHOA shall have all the common law and statutory powers of a nonprofit corporation and shall have all the powers, duties, and authority vested in APHOA by Alabama law, the Articles of Incorporation, By-Laws, and this Declaration as each may be amended from time to time, including but not limited to the folJowing: A. Exercise all of the powers and privileges and to perform all of the duties and obligations of APHOA as set forth in this Declaration.

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B.

Fix, levy, collect, and enforce payment by any lawful means, all charges or Assessments pursuant to the terms of this Declaration; to pay all expenses and all office and other expenses incident to the conduct of the business of APHOA including all licenses, taxes, or governmental charges levied or imposed against the property of APHOA.. Acquire (by gift, purchase, or other), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of the Common Property to any public agency, authority, or utility for such purposes and subject to the terms and conditions of this Declaration. Grant permits, licenses, and Easements over the Common Property for utilities, roads, and other purposes reasonably necessary or useful for the proper maintenance or operation of Audubon Place. Borrow money and mortgage, pledge, deed in trust or hypothecate any or all of the real or personal property of APHOA as security for money borrowed or debts incurred in accordance with the provisions of this Declaration. Enter into agreements by which the powers and duties of APHOA, or some of them, may be exercised or performed by some other Person. File suit and bring suit with respect to the powers of APHOA. Exclusive authority and power to maintain a class action and to settle a cause of action on behalf of the Owners in Audubon Place with reference to the Common Property and with reference to any and all other matters in which all of the Owners have a common interest. Have and to exercise any and an powers, rights, and privileges which a corporation organized under Alabama law may now or hereafter have or exercise.

C.

D.

E.

F.

G.
H.

I.

The foregoing enumeration of powers and authority shall not limit or restrict in any manner the exercise of other and further rights and powers that may now or hereafter be allowed or permitted by Alabama law, or the Articles of Incorporation, By-Laws, or by this Declaration. Section 3.02. MembershipNoting Rights. Each Owner shall be a Member of APHOA. Membership shall be appurtenant to and may not be separate from ownership of a Lot. The membership of an Owner cannot be assigned or transferred in any manner except as an appurtenance to the Lot. The membership of an Owner shall immediately terminate when the Owner ceases to be an Owner. Each Member shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such a Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to anyone (1) Lot.

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Section 3.03 Rules and Regulations. The Board of Directors may make and enforce reasonable Rules and Regulations governing the use of Audubon Place, which Rules and Regulations shall be consistent with the rights and duties established by this Declaration. Copies of such Rules and Regulations and amendments to the Ruies and Regulations shall be available at the main office of APHOA to all Owners. Sanctions may include reasonable monetary fines and suspension of the right to vote and the right to use the Common Property. The Board of Directors shall, in addition, have the power to seek relief in any court for violations or to abate nuisances. Imposition of sanctions shall be as provided by declaration of APHOA. In addition, APHOA, through the Beard of Directors, may, by contract or other agreement, enforce local ordinances on Audubon Place for the benefit of APHOA and the Members of APHOA. Section 3.04 Implied Rights. APHOA may exercise any other right or privilege given to APHOA expressly by this Declaration Of the Rules and Regulations or By-Laws, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to APHOA in this Declaration or reasonably necessary to effectuate any such right or privilege. Section 3.05 Self-Help. In addition to any other remedies provided for in this Declaration, APHOA or the duly authorized agent of APHOA shall have power to enter upon a Lot or any portion of the Common Property to abate or remove anything or any condition which violates this Declaration, the By-Laws or the Rules and Regulations. Unless an emergency situation exists, the Board of Directors shall be give the violating Owner fifteen (15) days written notice of the intent of the Board of Directors to exercise self-help. All cost of self-help, including reasonable attorney's fees actually incurred, shall be assessed against the violating Owner and shall be collected as provided for in this Declaration for imposing Assessments and for the collection of Assessments. Section 3.06 Right of Entry. APHOA shall have the right, in addition to and not in limitation of the rights APHOA may have, to enter into Lots for emergency, security or safety purposes, which right may be exercised by the Board of Directors, or the officers, agents, employees, managers of the Board of Directors and all police officers, fire fighters, ambulance personnel and similar emergency personnel if'!the performance or their respective duties. Except in an emergency situation, entry shall be during reasonable hours and after reasonable notice to the Owner or occupant of the Lot.

ARTICLE IV COVENANT FOR SUBDIVISION MAINTENANCE ASSESSMENTS

Section 4.01 Responsibility of APHOA Except as to the provisions pertaining to the the maintenance of the Private Roadway set out in this Declaration, APHOA shall maintain and keep in good repair the Common Property, such maintenance to be funded as provided in.this Declaration.

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Section 4.02 Responsibility of the Owner. Each Owner shall keep all Developed Lots and Improvements owned by said Owner, in good maintenance, order and repair, including, but not limited to, the painting, repair, replacement, maintenance and care of the exterior of said Improvements, trees shrubs, grass; walks, driveways and other exterior Improvements all in a manner and with such frequency as is consistent with good property management. In addition, each Owner shall keep all real property falling between the Property Line of the Lot of said Owner which is adjacent to a Private Roadway and the hard driving surface located within the Private Roadway in good maintenance, order and repair including, but not limited to the maintenance and care of the trees, shrubs, grass, walks and driveways located within said area all in a manner and with such frequency as is consistent with good property management. If any Owner fails to perform the duties imposed by this Declaration after fifteen (15) days' written notice from the Board of Directors to the Owner to remedy the condition in question, APHOA shall have the right, through, the agent and employees of APHOA, to enter upon the Lot in question and to repair, maintain, repaint and restore the Lot or such Improvements and the cost thereof shall be binding, personal obligation of such Owner when billed by APROA as well as a lien upon the Lot in question. The lien provided in this section shall have the same enforceability and priority as the liens provided for in all sections of this Decl arati on. Section 4.03 Purpose of Assessments. The annual and special assessments levied by the Association under this Article shall be used exclusively to promote the recreation, health, safety, and welfare of the Owners, their invitees or licensees, and for the improvements situated thereon. The Association shall have the obligation to maintain adequate liability insurance, and fidelity bond coverage in such minimal amounts as shall required by FHA, VA, and FNMA, from time to time. Section 4.04 Annual Assessment. assessment under the Article IV shall be ~O January 1 and July 1 of each year, ~ (a) Until 1anuary 1, 1997, the maximum annual per Lot, payable semi-annually, in advance on

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(b)

(c)

From and after January 1, 1997, the maximum annual assessment under this Article IV may be increased each year by an amount no more than ten percent (10%) above the potential maximum assessment for the previous year without a majority vote of the owners. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, themaximum annual assessment may be increased by more than ten percent (10%) by a vote of two-thirds of each class of members who are voting in person or by proxy at a. meeting duly called for this purpose. The Board of Directors of the Association may fix the annual assessment under this Article IV at an amount in excess of the potential maximum assessment without a vote of the owners.

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Section 4.05 Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment under this Article IV for the purpose of defraying, in whole or in part, the costs of any construction, reconstruction, repair or replacement of an improvement upon the Common Areas, including fixtures and personal property related thereto, provided that any such special assessment shall have the approval of not less than two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 4.06 Unifonn Rate of Assessment. Both annual assessments an.d special assessments under this Article shall be fixed at a uniform rate for all Lots in the Subdivision. Section 4.07 Annual Assessment Periods and Due Date. The annual assessment provided for herein shall commence as to all lots on the first day of the month following the conveyance of the first lot to an owner. The first annual assessment shall be addressed according to the number of months remaining on the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to each owner subject thereto. The due date shall be established by the Board if other than reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified lot has paid. A property executed certificate of the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance. Section 4.08 Effect on Nonpayment of Assessments-Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the highest interest allowed by law. The Association may bring an action at law against the Owner personally obligated to pay the same, and/or foreclose the lien against the property. No Owner may waive or .otherwise escape liability for the assessments provided for under this declaration by non-use of the Common Areas, or by sale or abandonment of his Lot. The Association shall be entitled to foreclose its lien if it elects to do so and shall have the right to sell the property at public sale at the front door of the Courthouse of Baldwin County, Alabama in accordance with Alabama Law. In a foreclosure action, the Association shall have the right to bid as a stranger at the foreclosure sale and to 'acquire, hold, mortgage, and convey the same. Section 4.09 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants and each Owner of any Lot by acceptance of any Deed therefore, whether or not it shall be so expressed in such Deed, is deemed to covenant and agree to pay the Association: (1) Annual assessments; and (2) special assessments for capital improvements, such annual and special assessments to be established and collected as hereinafter provided (any annua1 assessment due under this article referred to hereinafter as the "special assessments"), (annual assessments and special assessments under this article referred to hereinafter at times collectively as "assessments"). These assessments, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessments fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien on the lot until satisfied.

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Section 4.10 Subordination of the Lien to Mortgages of Record. Except as otherwise provided by law, any lien of the Association for assessments under this article recorded after the date of recordation of any mortgage shall be subordinate to the mortgage on the Lot, and when the mortgagee or other purchaser of a Lot obtains title to the Lot as a result of foreclosure of such mortgage, or, as a result of a deed given in lieu of foreclosure, such acquirer of title and his successors and assigns shall not liable for the assessments by the Association pertaining to such Lot which became due prior to such acquisition of title, and such lien shall be extinguished automatically upon the recording of the foreclosure deed or deed in lieu of foreclosure. Such unpaid share of assessments together with interest, costs, and attorney's fees, shall, however, continue to be the personal obligation of the person who was the Owner of the Lot at the time the assessment fell due. Any such sale or transfer pursuant to a foreclosure shall not relieve the purchaser or transferee of a Lot from liability for, not the Lot so sold or transferred from the lien of any assessments thereafter becoming due. Expect as provided herein, the sale or transfer of an interest in any Lot shall not affect the assessment lien. Any liens extinguished by the provisions of this article shall be reallocated and assessed against all lots as a common expense.

ARTICLE V ARCHITECTURAL CONTROL Section 5.01 No building, fence, sign, wall, mailbox, sidewalks, or other structures or improvement of any nature whatsoever shall be commenced, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration thereofbe made until the plans and specifications showing the nature, kind, shape, height, materials, color, and location of the same in relation to surrounding structures and topography and compliance with the Architectural Control Committee, or the Architectural Review Representative, selected by a majority vote of the Architectural Control Committee. Detailed plans and specifications shall be submitted to the Architectural Control Committee, or the Architectural Review Representative in duplicate and written approval or disapproval shall be noted on both sets of plans and specifications or by separate letter. In the event the Architectural Control Committee, or the Architectural Review Representative, shall fail to approve or disapprove such design and location within thirty (30) days after the plans and specifications have been submitted to it, application is deemed to be denied. Section 5.02 When a building or other structure has been erected or its construction substantially advanced and the building is located on any Lot in a manner that constitutes a violation of these covenants and restrictions or the building setback lines shown on the recorded Plat, or this Declaration, the Architectural Control Committee or the Architectural Review Representative may release the Lot, or parts of it, from any part of the covenants and restrictions, or setback lines, that are violated. The Architectural Control Committee, or the Architectural Review Representative, shall not give such a release except for a violation that it determines to be a minor or insubstantial violation in its sole discretion.

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ARTICLE VI BUILDING RESTRICTIONS, SETBACK LINES AND CONSTRUCTION RESTRICTIONS

Section 6.01 Single Family Residence Purposes. No Lot in the Subdivision shall be used except for single family residential purposes. No building shall be erected, altered, placed, or permitted to remain on any Lot other than one, detached single family dwelling not to exceed two stories in height. Section 6.02 Minimum Square Footage. No one story dwelling shall be erected on any lot having a living area of less than 1,000 square feet, and no dwelling with more than one story of living area shall have a first floor living area of less than 500 square feet and a total living area of 1,000 square feet. All square footages shall be exclusive of open porches, carports, or garages. Section 6.03 Setback Lines. No residential structure shall be erected on any Lot in the Subdivision which does not conform to the setback lines, if any, drawn on the recorded Plat of Audubon Place. Section 6.04 Written Approval Required. Commencing on the Effective Date of this Declaration, no Improvement shall be commenced, erected, placed or moved onto any Lot, nor shall any existing Improvement upon any Lot be 'altered in any way which materially changes the Improvement unless, plans and specifications (the form and content of said plans and specifications shall meet the requirements of the Board of Directors) thereof shall have been submitted to and approved by the Board of Directors as provided for in this Declaration. Such plans and specifications shall be in such form and shall contain such information as may be required by the Board of Directors, including: . A. B. Plans, elevations and specifications showing the nature, kind, height and materials of all Improvements proposed for the Lot; A site plan of the Lot showing the location with respect to the particular Lot (including proposed Building Setback and free spaces, if any are proposed) of all Improvements, the location of all Improvements with reference to Improvements on adjoining portions of the Lot and number and location of all parking spaces and driveways on the Lot; A grading plan the Lot; A drainage plan; and U.S. Army Corps of Engineers permit, if required and any other governmental permit required by law and regulation.

C. D. E.

All of said plans and specifications shall address any other matters set out in this Declaration, as applicable. All plans and specifications and Improvements must comply with all applicable laws, rules or regulations and building codes of any governmental authority.

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No application shall be considered by the Board of Directors nor shall any Permit or Certificate of Compliance be issued unless the Owner is in compliance with all of the terms, conditions and provisions of the Declaration and all Assessments and fees are paid current. No Improvement may be occupied until a Certificate of Occupancy has been issued by the appropriate govenunent authority. Section 6.05 Basis for Disapproval of Plans and Specifications. The Board of Directors shall be entitled to deny the approval of plans and specifications submitted pursuant to this Declaration because of any of the following: A. Failure of such plans or specifications to comply with this Declaration, Rules and Regulations of APHOA; or the

B.

Failure of such plans or specifications to include information as may have been reasonably requested by the Board of Directors; failure of such plans and specifications to include the following: 1. the boundaries of the Lot involved, Easements, adjoining Private Roadways and unusual features; 2. location and dimensions of all lmprovements to be erected, altered or moved and any Improvement already located on the Lot; 3. area of Lot in square feet; 4. gross floor area of each Improvement; 5. design of required parking areas or parking facilities; 6. proposed use of Lot and Improvements; 7. any other information required by the Board' of Directors to determine compliance with this Declaration. Objections to the location due to violation of the Declaration of any proposed Improvement upon any Lot or with reference to other Lots; Objection to the site plan, grading plan or drainage plan for any Lot; Objection to parking areas or parking facilities proposed for any Lot on the grounds of either (1) incompatibility to proposed use and Improvements on such Lot, or (2) the sufficiency of the size of parking areas or parking facilities in relations the proposed use of the Lot; or Failure of plans and specifications to take into consideration the particular topography, vegetative characteristic, natural environment and storm water runoff of the Lot.

C.

D.

E.

F.

G.

Approval of any such plans and specifications shall terminate and be rendered void if construction is not begun within six (6) months after such approval unless six (6) month period is extended by agreement with the Board of Directors in which event the extended time period shall be applicable.

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In any case where the Board of Directors shall not approve any plans and specifications submitted pursuant to the Declaration, or approval of said plans and specifications is made only as modified or upon specified conditions, such disapproval or qualified approval shall be accompanied by a written statement of the grounds upon which such action was based. In any such case the Board of Directors shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable proposal can be prepared and submitted .for approval. THE SCOPE OF REVIEW BY THE BOARD OF DIRECTORS IS LIMITED TO COMPLIANCE WITH THIS DEC LARA TION ONLY AND DOES NOT INCLUDE ANY RESPONSIBILITY OR AUTHORITY TO REVIEW FOR STRUCTURAL SOUNDNESS, COMPLIANCE WITH THE BUILDING OR ZONING CODES OR STANDARDS, OR ANY OTHER SIMILAR OR DlSSIMILAR FACTORS.

ARTICLE VII
GENERAL RESTRICTIONS Section 7.01 Oil Drilling. No exploration or drilling for oil, gas, or other minerals shall be permitted or allowed on any lot in said subdivision. Section 7.02 Dumping. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. Section 7.03 Noxious or Offensive Activity. No noxious or offensive trade or activity shall be carried on or maintained on any lot in the subdivision nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. Section 7.04 Prohibition on Mobile Homes. No mobile living facility or structure of a temporary character shall ever be used as a residence. Section 7.05 Storage of Trash and Garbage. Trash, garbage, or other waste shall not be kept except in sanitary containers. Section 7.06 Unsightly Condition. It shall be the responsibility of each Owner of a Lot to keep and maintain said Lot in accordance with the terms, conditions and provisions of this Declaration. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done on any Lot which may become an annoyance on upon any Lot, nor shall anything be done on any Lot which may become an annoyance or nuisance to Audubon Place. Except as may be authorized in writing by APHOA, all personal property shall be housed or kept inside a Dwelling or inside a fully enclosed Improvement. No lumber, metals, or bulk materials (except lumber, metals, and bulk materials as is usual in the maintenance of an approved Improvement and except building materials during the course of construction of any approved Improvement and which must be stored in such a manner so that said lumber, metals, and bulk materials comply with the Rules and Regulations) garbage, waste, refuse or trash shall be kept, stored, or allowed to accumulate on any Lot.

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No harmful or noxious materials shall be stored, whether inside any Improvement or outside any Improvement, if said materials pose any significant threat to public health and safety or to individuals within or in proximity to such Improvements. Garbage, waste, refuse or trash shall be placed in water-proof trash bags or container with tight fitting cover to control rodents, flies, obnoxious odors, etc., and must be disposed of in a manner approved by the Board of Directors. Trash and garbage containers shall be screened in such a manner so that they cannot be seen from adjacent and surrounding property, and as approved by the Board of Directors. Such containers for trash and other refuse to be picked up and carried away on a regular and recurring basis may be placed on a Lot adjoining the Private Roadway for a period not to exceed twenty-four (24) hours, beginning on the day before such pick up and ending on the day following such pick up. All trash and garbage containers shall be kept in a clean and sanitary condition. All electric appliances, accessories, and tools must comply with the National Electrical Safety Code, prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters, and such applicable ordinances and regulations affecting electrical installation which are in effect. The Board of Directors may adopt and promulgate reasonable Rules and Regulations pertaining to the matters set out herein, including, but not limited to, the size, shape, color, and type of containers permitted and the manner of storage and screening of the personal property on Audubon Place. Section 7.07 in Audubon Place. Hazardous Materials. No hazardous materials shall be allowed to be kept

Section 7.08 Livestock, Pets, Animals, Etc. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose. In no event shall more than two household pets of anyone species may be kept on any lot at anyone time without prior approval of the Board. No pet kept or raised on any lot shall exceed a maximum of forty (40) pounds without prior approval of the board. Section 7.09 Signage. No sign of arty kind shall be displayed to the public view on any lot except one sign of not more than five square feet advertising the property for sale or rent. Section 7.10 Fences, Walls, Etc. No fence or wall shall be erected on the street frontage of any lot or in the area between the rear of the dwelling, on each side, and the front of the lot line unless an exception based on desirable architectural effect is obtained from the APHOA. No fence may be constructed on any lot until the design, location, height, materials used for construction, and the color of the fence have been approved in writing by the APHOA based on aesthetics, harmony with existing Structures, topography, integrity of construction, requirements for uninterrupted storm water drainage, and access requirements for construction of dwellings on adjoining property and/or maintenance of existing dwellings on adjoining property. Based on the foregoing considerations, the APHOA may impose certain requirements, as a' condition of approving such fence, as the APHOA deem appropriate.

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Section 7.11 Access to Easements. Utility, drainage, or other easements shall not be fenced in any manner that will prohibit access and use. Drainage easements shall not be obstructed in any way that will alter the natural and normal flow of drainage. Section 7.12 Drainage. No one shall change the natural contours of the land causing undue and harmful flow of surface water drainage to adjoining property owners. In order to facilitate natural surface water drainage, it may be necessary for the developer to contour each building lot to provide a continuous drainage pattern from lot to lot within the subdivision. These drainage patterns shall not be altered. Section 7.13 Clothes Lines. No outside clothes lines visible from the street or adjacent property or other items detrimental to the appearance of the subdivision shall be permitted on any lot. Section 7.14 Satellite Dishes. No satellite dishes or satellite reception equipment shall be permitted in the subdivision except in a backyard, in which case it shall be screened in such a manner as not to be visible from adjacent lots or visible from the street. Section 7.15 Boats, Trailers, Campers, etc. No boats, trailers, motor homes, campers, or other recreational vehicles shall be parked on any lot in the subdivision unless done in such a manner as to not be visible from the street. Section 7.16 Storage Buildings. Outdoor storage buildings may be constructed on lots provided plans are submitted and approved by the APHOA. Storage building must be of similar design and construction as the home on the lot where construction is proposed. Section 7.17 Parking. An Owner of a Lot shall provide space fOT adequate parking off the Private Roadway in accordance with the Rules and Regulations. Parking must be confined to the interior of the Lot and not on roadways unless specifically approved by the Board of Directors. No overnight parking on the Private Roadways shall be permitted, unless otherwise specifically approved by the Board of Directors. Parking in Audubon Place shall be restricted to private Vehicles and only within the parking areas designed andlor designated by the Board of Directors for the purpose. No Owner shall conduct repairs (except in an emergency) or restorations of any Vehicles of any portion of the stripped down, partially wrecked or junk Vehicles, including discarded or abandoned materials, shall be permitted to be parked or stored upon any Lot or Common Property. The prohibitions on parking contained in this section shall not apply to temporary parking of Commercial Vehicles used for construction purposes or providing pick-Up and delivery services to APHOA which have been approved by the Board of Directors nor to any Vehicles owned or operated by APHOA. Subject to applicable laws and ordinances, any Vehicle, Boat, Boat Trailer or Trailer or other property parked or located in violation of this Declaration or in violation of the Rules and Regulations may be towed at the sole expense of the Owner of the Vehicle, Boat, Boat Trailer or Trailer or other property if the Vehicle, Boat, Boat Trailer or Trailer or other property remains in violation for a period of twenty-four (24) hours from the time a notice of violation is placed on the Vehicle, Boat, Boat Trailer or Trailer or other property. APHOA or any of the members of

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the Board of Directors or their officers, agents or employees, shall not be liable to the Owner of any Vehicle, Boat, Boat Trailer or Trailer or other property for trespass, conversion or otherwise, nor gui Ity of any criminal act, by reason of the towing, and once the notice is posted, neither the removal of said notice, nor failure of the Owner to receive notice for any other. reason, shall be grounds for relief of any kind. An affidavit of the Person posting the aforesaid notice stating that the notice was properly posted shall be conclusive evidence of proper posting. Section 7.18 Common Property Use. APHOA shall have full control over the Common Property and may establish such rules and regulations and conditions for the use of the Common Property as APHOA may deem adequate or necessary. APHOA shall have full power and authority to suspend or revoke the privilege and license of any Owner, from using the Common Property, should any such party violate any of the Rules and Regulations or any of the terms, conditions and provisions of this Declaration. Provided, However, nothing contained in this Declaration shall be construed to allow APHOA to prohibit any Owner from ingress and egress to and from the Lot owned by the Owner. Section 7.19 Construction Materials and Foundations. Except as provided in this Declaration, all Dwellings shall be placed on a Permanent foundation approved by the Board of Directors. No open basement or foundation shall remain enclosed without Permanent coverings for a period of more than four (4) weeks. Section 7.20 Tree Preservation. No tree with a diameter of two and one-half inches or more in diameter (measured from a point twelve (12) inches above the ground level) shall be removed from any Lot without the express written authorization of the Board of Directors. The Board of Directors shall adopt and promulgate Rules and Regulations regarding the preservation of trees and other natural resources and wildl ife upon Audubon Place. If the Board of Directors shall deem appropriate, the Board of Directors may mark certain trees, regardless of size, as not removable without written authorization. In carrying out provisions of this section, APHOA and the Board of Directors and the respective agents of each may come upon any Lot during reasonable hours, and with reasonable notice, for the purpose of inspecting or marking trees or in relation to the enforcement and administration of any Rules and Regulations adopted and promulgated pursuant to the provisions of the Declaration. Neither APHOA nor the agents of APHOA shall be deemed to have committed a trespass or wrongful act of reason of any such entry or inspection. Section 7.21 Oil or Gas Tanks, Pools and Pool Equipment. All swimming pool equipment and housing must be placed in walled-in or screened areas or landscaped area so that they are not visible from any Common Property, Private Roadways, or adjoining Lots. No oil tanks or bottled gas tanks shall be allowed on any Lot or on the Common Property. Provided, However, bottled propane gas tanks may be kept on a Lot for the purpose of providing propane gas to the Lot so long as said propane gas tanks are placed in a screened area and so that hey are not visible from any Common Property, Private Roadways, or adjoining Lots. Above ground pools or above ground spas or Jacuzzis may be permitted only with the approval of the Board of Directors. Any pool or spa or Jacuzzi to be constructed on any Lot shall be subject to the requirements of the Board of Directors, which include, but are not limited to the following:

A. B.

Composition to be of material thoroughly tested and accepted by the industry for such construction; and All screening material shall be of a color in harmony with the Improvements on the Lot.

Section 7.22 Occupants Bound. All provisions of this Declaration that govern the conduct of the Owners and that provide for sanctions against the Owners shall also apply to all occupants, guests, and invitees of any Lot. Every Owner shall cause all occupants of the Lot of said Owner to comply with this Declaration, the By-Laws and of any Rules and Regulations adopted pursuant to this Declaration, and shall be responsible for all violations and losses to Audubon Place caused by those occupants, notwithstanding the fact that those occupants of a Lot are fully liable and may be sanctioned for any violation of this Declaration.

ARTICLE VIII INSURANCE AND CASUAL TV LOSS

Section 8.01 Reconstruction or Repair after Casualty. In the event of the damage or destruction of all or part of any Improvement or Lot, the Owner shall be responsible for the prompt reconstruction and repair of the damaged or destroyed Improvement or Lot after such casualty or, at the election of the Owner, the improvement shall be removed and the Lot restored to the original condition of the Lot. Provided, However, should the Owner fail to repair or replace the damaged or destroyed Improvement or Lot, or remove the Improvements from the Lot and restore the Lot to the original condition of said Lot, within a reasonable period of time (not to exceed one hundred eighty (180) days), APHOA may, but shall not be obligated to, do so for the account of said 'Owner and may assess the Lot accordingly and, thereafter, be subrogated to any insurance proceeds. If any Owner fails to perform the duties imposed by this section after fifteen (15) days' written notice from the Board of Directors to the Owner to remedy the condition in question, APHOA shall have the right, through the agents and employees of the Board of Directors to enter upon the Lot in question and to repair, maintain, repaint, and restore or remove the Improvements on the Lot and of such Owner when billed by APHOA as well as a lien upon the Lot in question. The lien provided for in this Declaration shall have the same enforceability and priority as all other liens provided for in this Declaration. In the event of the damage or destruction of all or part of the Improvements on the Common Property, APHOA shall be responsible for the prompt reconstruction and repair of the Improvements after such casualty. Provided, however, the Board of Directors may elect not to reconstruct or repair the Improvements on the Common Property. Reconstruction or repair shall be mandatory unless a Majority of the Board of Directors vote that it is not necessary to repair or reconstruct said damaged or destroyed Improvement. Any reconstruction or repair must comply in all other respects with the terms, conditions, and provisions of this Declaration.

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ARTICLE IX AMENDMENT This Declaration may be amended in the following manner: Section 9.01 Notice. Notice of the subject matter of the proposed amendment shall be included in the notice of any meeting of Members of APHOA at which a proposed amendment is to be considered. Section 9.02 Resolution. An amendment may be proposed by either a two-thirds (2/3) vote of the Board of Directors or eligible Members holding twenty percent (20%) of the total votes entitled to be cast by Members of APHOA. A resolution adopting a proposed amendment must be adopted by an affirmative vote of not less than a two-thirds (2/3) vote of the Board of Directors and approved by an affirmative vote of not less than a simple majority of the votes cast by eligible Members of APHOA who are voting in person or represented by Proxy at a meeting duly called for such purpose. Section 9.03 Recording. A copy of each amendment shall be certified by the President and Secretary of APHOA as having been duly adopted and shall effective when recorded in the Office of the Judge of Probate of Baldwin County, Alabama.

ARTICLE X MISCELLANEOUS Section 10.01 Acceptance by Grantee. The Grantee of any Lot by acceptance of a Deed or other instrument conveying an interest in or title to, or the execution of a contract for the purchase of any Lot shall accept such Deed or other contract upon and subject to each and all of the terms and conditions set out in this Declaration. Section 10.02 Indemnity for Damages. Each and every Owner and future Owner, in accepting a Deed or contract for any Lot subject to this Declaration, agrees to indemnify APHOA for any damage caused by such Owner, or the contractor, agent or employees of such Owner, to the Common Property or Private Roadways, including all surfacing thereon or to water, drainage or storm sewer lines sanitary sewer lines owned by APHOA has responsibility, at the time of such damage. Section 10.03 Enforcement. In the event of a violation or breech of this Declaration or any amendments to this Declaration by any Owner, or employee, agent or lessee of such Owner, the Owner to compel compliance with the terms and condition of this Declaration, to prevent the violation or breach of this Declaration, to sue for and recover damages or other dues, or take all such courses of action at the same time, or such other legal remedy that may be appropriate. No delay or failure on the part of an aggrieved party to initiate an available remedy set forth in this Declaration shall be held to be a waiver of that party or an estoppel of that party or of any other party to assert any right available to that party upon the recurrence or continuation of said violation or the occurrence of a different violation.

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Damages shall not be deemed adequate compensation for any breach or violation of any provision of this Declaration, but any Person or entity entitled to enforce any provision of this Declaration shall be entitled specifically to relief by way of injunction as well as any other available relief either at law or in equity, Any party to a proceeding who succeeds in enforcing this Declaration or enjoining the violation of this Declaration against an Owner or any other party may be entitled to recover costs and be awarded a reasonable attorney's fee against such Owner or other party. ARTICLE XI RENTAL / LEASE REGULATIONS Section 11.01 Purpose. The purpose of this provision is to regulate the use of property within the APHOA being used as rental property and to discourage the use of Audubon Place as an investment rental community. Section ] 1.02 Registration. The Owner of a property which he/she wishes to rent or least must first register with the Board on the appropriate form (RL 1), which is to be signed by the property owner acknowledging full responsibility for the actions of the tenants. This includes possible fines for violations of the Covenants, By-Laws and Rules and Regulations, as well as any charges for damages to APHOA property caused by the tenant. Failure to return the RLl Form within fourteen (14) days after the tenant occupies the Owner's property will result in a fine of ten dollars ($10.00) per day for each day the rental/lease agreement is in effect and not registered. Section 11.03 Maximum Allowable Tenants. There shall not be allowed more tenants in anyone residence than there are bedrooms in said residence. Any living room, den or other general use room shall not be able to be used as a bedroom under the terms of this provision. Section 11.04 Sub-Lease Prohibition. renting property to third parties. Tenants are prohibited from subleasing and/or

Section 11.05 Rules Governing Leaseholder/Renter. The renter / leaseholder shall not: a) Permit any persons, other than those listed on the RL 1 form to reside in the . rental unit for a period exceeding seven (7) days without obtaining written approval of the landlord and APHOA. b) Permit the use of the premise for purposes other than solely as a dwelling unit. c) Permit household members, or persons under the renters control to: 1. Engage in unlawful activities; 11. To act in a way that will disturb the rights and comfort of neighbors; Ill. To engage in any activity that threatens the health, safety, or right of peaceful enjoyment of the premises by other residents or employees of APHOA. d) Fail to dispose of garbage, waste, and rubbish in a safe and sanitary manner.

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..
.;,!"

e) Permit any acts of destruction, defacement or removal of property owned by APHOA by any member of the household or persons under the Renter's control. Section 11.06 Responsibilities of the Owner of Rental Properties. a) The Owner is responsible for informing their renters of all the Rules, etc., to which they must adhere while under the rental/lease agreement. In order to do this properly, the Owner is required to provide the renter with a copy of the Restrictive Covenants upon the beginning of their tenancy. b) The Owner is responsible for all assessments, special assessments andlor fines levied against the Owner or Occupants of the property. c) The Owner is required to add the following provision to its rental lease agreement: "Tenant agrees to be bound by the Restrictive Covenants of the Audubon Place Homeowners Association, and any other governing document which it may have, and agrees that it has received a copy of the Restrictive Covenants from the Landlord. " Section 11.07 Rights of APHOA Regarding Renters. a) Fines. The Association retains the right to levy fines against the Owner of the property for violations of the Covenants by the Owner's tenant. b) Eviction. To ensure the enforcement of these rental/lease regulations, as well as all other provisions of the APHOA Covenants, By-Laws andlor Rules and Regulations, APHOA Management has the right to demand the Owner to evict the Renter who is in violation of this Declaration, levy fines against the Owner for failure to evict said owner after written demand has been made upon them by the APHOA, and to evict any renter who is in violation of this Declaration.

ARTICLE XII GENERAL PROVISIONS Section t 2.01 Enforcement. The ASSOCIATION, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure. by the ASSOCIATION, or any owner, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 12.02 Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no ways affect any other provisions which shall remain in full force and effect.

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Section 12.03 Duration and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land until such time as a two-thirds (2/3) of the Owners vote to dissolve the ASSOCIATION, and dissolution of the APHOA is properly completed. This Declaration may be amended at any time by a majority of the of the votes cast by eligible Members of APHOA who are voting in person or represented by Proxy at a meeting duly called -, for such purpose, Which has been recorded in the public records of Baldwin County, Alabama.

condf\rs,

IN WITNESS- WHEREOF, the Declarant has executed this. Declaration Lf!.Bvenants, and Restrictions for Audubon Place, A Subdivision this I day of
(iu

,\

,20

:fY1

_AUDUBON PLACE HOMEOWNERS ASSOCIATION, INC.

BY:T~-~~
Its: President

Attest: By:

Mefs1ft!1~d
Its: Secretary

STATE OF ALABAMA
_-:' OUNTY OF BAlDWIN
-'

"

.......

. I, the undersigned, a Notary Public in and for said County in said State, hereby certify

--.hat Tyson Wilkins, President of the Board of Directors for the Audubon Place Homeowners t Association, Inc., whose name is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of said instrument, he executed the same voluntarily 011 the day the same ~s date.~ Given under my hand and seal on this the day of LL..J(,..(,(.1 , 200.1_.
,

(AFFIX SEAL) (

C;;)
~4(!Ac5Uf) /,()~

\!JY

N(ftary Pubhc Commission ExpiresMY

caMMlSSION ecPlIltlSr.1A\'

s. 2008

STATE OF ALABAMA COUNTY OF BALDWIN I, the undersigned, a Notary Public in and for said' County in said State, hereby certify that Mary Sabal, Secretary of the Board of Directors for the Audubon Place Homeowners Association, Inc., whose name is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being "informed of the contents of said instrument, she executed the samevoluntarily on the day the same \>~Il~ _date. Given under my hand and seal on this the ay of__:_~==l ---' 200l.

_I_"_m

; (AFFIX SEAL)

My Commission Expires
BOI'IOW TIIAU NOTM!. v 1';')111 ll:;Il:..[t\, ..,U'fEl:S .. ;;::

l'COTAR"IM.r!l'UC STATR or. A'.,\,;}.~.MA.I.T I.ARGF. MY COi\-itl't!3StON E:{~r;::~~:s:.~.:.~,y '!CiO '7.

THIS INSTRUMENT PREPARED BY: JARED N. LYLES,

r.c

Post Office Box 837

Silverhill, Alabama 36576

Sta~e of ~la~ala, Baldwin County I ce~tlfy thIS lnstrulent was filed and taxes collected on: -18 . 1:36P" Inst~uaent Number 1858843 Pages 29 Recording ~e.eB ftortgage Deed "in Tax
Index DP 5.88

Archive 5.88 Other 1.88 Adrian T. Johns, Judge of Probate .