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(PROPOSED)
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
"THE RIVER VIEWS" SUBDIVISION
THIS DECLARATION
is made, published and declared this_____day
of__________2006, by The River Views, LLC (The "Declarant").
WHEREAS, the Declarant is the
fee simple owner of a certain tract of real property in Meigs County,
Tennessee, which is more particularly described in Exhibit "A", attached
hereto and made a part hereof by this reference, and;
WHEREAS, the Declarant shall
cause to be prepared plans for the subdivision of said real property
shown on Exhibit "A" into residential lots, said subdivision to be known
as The River Views, and shall cause subdivision unit plats of the said
real property to be filed of record in the Register's Office of Meigs
County, Tennessee. Each recorded Subdivision unit Plat shall be subject
to the provisions of this Declaration, and;
WHEREAS,
it is to the benefit, interest and advantage of the Declarant and each and every
person or other entity which may hereafter acquire any interest in any of
the aforedescribed real property described in Exhibit "A" that certain
covenants, restrictions, easements, assessments and liens governing and
regulating the use and occupancy of all of the same be established, fixed, set
forth and declared as covenants running
with the land.
NOW, THEREFORE,
in consideration of the premises, the Declarant
does hereby publish and declare (1) that all, and each and every part of, said
real property shown in Exhibit "A" is held and shall be held, conveyed,
hypothecated, encumbered, leased, rented, used, occupied, improved and otherwise
held and used subject to (a) the following covenants, conditions, restrictions,
uses, limitations and obligations and (b) all easements, conditions, restrictions, etc.,
as set out in the Subdivision Plats previously mentioned, all of which are hereby declared and agreed to be in furtherance of a plan for
the development and improvement of said real property, (2) that said covenants,
conditions, restrictions, uses, limitations and obligations shall run with the
land and shall be a burden and a benefit to the land and to the Declarant, its
successors and assigns, the Association and any person or legal entity acquiring
or owning any interest in any portion of said real property or any improvements
thereon, and their grantees, successors, heirs, executors, administrators,
devisees and assigns.
NOW, THEREFORE,
in consideration of the premises, the Declarant
does hereby publish and declare (1) that all, and each and every part of, said
real property shown in Exhibit "A" is held and shall be held, conveyed,
hypothecated, encumbered, leased, rented, used, occupied, improved and otherwise
held and used subject to (a) the following covenants, conditions, restrictions,
uses, limitations and obligations and (b) all easements, conditions,
restrictions, etc., as set out in the Subdivision Plats previously mentioned,
all of which are hereby declared and agreed to be in furtherance of a plan for
the development and improvement of said real property, (2) that said covenants,
conditions, restrictions, uses, limitations and obligations shall run with the
land and shall be a burden and a benefit to the land and to the Declarant, its
successors and assigns, the Association and any person or legal entity acquiring
or owning any interest in any portion of said real property or any improvements
thereon, and their grantees, successors, heirs, executors, administrators,
devisees and assigns.
ARTICLE I,
DEFINITIONS
The following words, when used in this
Declaration, shall have the following meanings:
Section I.
"Association" shall mean and refer to The River Views Community Association,
Inc., a non-profit, non-stock corporation
incorporated under the laws of the
State of Tennessee, its successors and assigns. The Association's Charter and
Bylaws are attached hereto marked
Exhibits "B" and "C" respectively and are
hereby made a part hereof.
Section 2. "Common
Area" shall mean all land designated as Common Area on said Plats or any
revisions thereof.
Section 3.
"Declarant" shall mean The River Views, LLC, its successors and assigns.
Section 4.
"Declaration" shall mean this Declaration of Covenants, Conditions and
Restrictions, and any supplementary declaration filed
hereafter, as this
Declaration may from time to time, be amended in accordance with its terms.
Section 5.
"Improvements" shall mean the structures, walls, pavement, plantings and other
additions built or placed on the Lots.
Section 6.
"Lot" or "Lots" shall mean and refer to the plots of land designated on the
Subdivision Plats. For all purposes hereunder, the
Declarant shall be the Owner
of all of said Lots, save and except only those particular Lots which the
Declarant conveys in fee simple title by
recordable deed from and after the date
hereof.."
Section 7.
"Member" shall mean and refer to every Person who holds membership in the
Association.
Section 8.
"Owner" shall mean and refer to the record
Owner, whether one or more persons or entities, of fee simple title to any Lot
which is a part of the Property, but excluding those having such interest merely
as security for the performance of an obligation. The purchaser at a
foreclosure
sale or trustee's sale shall be deemed an Owner.
Section 9.
"Person" means an individual, firm, company,
corporation, partnership, association, trust or other legal entity or any
combination
thereof.
Section 10.
"Property" shall mean all of that certain real
property hereinabove described, both in Exhibit “A”, and in such
additions thereto
as may hereafter be brought within the jurisdiction of the
Association and this Declaration.
Section 11.
"Subdivision Plats" shall mean the original recorded plats of any units
of said subdivision, and any amendments or revisions
thereto, and the recorded
plat of any additional property, which is later incorporated into and made
subject to this Declaration.
Section 12.
"Unit" shall mean any distinctly identified area of the Subdivision containing
Platted Lots as denoted on a Plat that specifies a
Unit number (Example: The
River Views, Unit 1).
ARTICLE II,
THE PROPERTY
Section I.
Property Subject to Declaration this Declaration. The Property shall be
held and used subject to this Declaration.
Section 2.
Roads and Utilities. The roads within the Property are public property.
Pipes, lines, cables, other means of utility service, etc., shall also be
public.
Section 3.
Additional Property Subject To This Declaration. Additional residential
property and/or common areas, which are not
presently a part of the Property,
may be added to and become subject to this Declaration as desired by the Declarant. The decision to include
additional property to be subject to this
Declaration shall be at the sole discretion of Declarant. Declarant and/or the
venturers of the
Declarant may subsequently acquire additional land adjacent or
contiguous to the Property or in the vicinity of the Property and probably will
incorporate some or all of such additional land into this Declaration, but Declarant and/or the venturers of the Declarant are under no obligation to
incorporate any such additional land into this Declaration.
Section 4. Lakes,
Ponds and Retention Areas. Members in good standing may use lakes, ponds and
water retention areas, accessible
only by a common area, for boating,
swimming or fishing. The use of a lake, pond or water retention area is limited
to members in good standing,
and their guests. The member must accompany a
member’s guest. Only electric boat motors may be used on lakes or ponds. No
fishing shall be
permitted until January 1, 2008 at which time the Declarant or
the Board of Directors shall establish rules regarding the use of lakes, ponds
and water
retention areas. The Board of Directors must approve the construction
of any docks or boat slips. The Association shall be responsible for
maintenance, repairs, vegetation, water quality and fish management with regard
to the lakes or ponds that are accessible only by a common area.
ARTICLE Ill.
THE ASSOCIATION
Section 1. Members. Every Person or entity
who is a record owner of a fee or an undivided fee interest of any Lot shall be
a Member
of the Association. Membership shall be appurtenant to and may not be
separated from ownership of any Lot. Ownership of such Lot shall be the sole
qualification for membership.
Section 2.
Control by Declarant. The Declarant shall be a Member for each Lot owned by
it until the same is sold and title transferred. Notwithstanding any other
provision of this Declaration or any related document, the Declarant shall
retain total control of the Association including the
right to cast the votes of
all members, the Property, the development thereof, and the improvements
thereon, including, without limitation, plan approval,
until the development is
complete and 75% of the building Lots have been sold. However, Declarant may, at
its option, transfer said control to the
Members at such time as it deems
appropriate.
Section 3. Voting
Rights. The voting rights of the Membership shall be appurtenant to the
ownership of a Lot, each Owner of a Lot
being entitled to one (1) vote for each
Lot owned. The Declarant's vote on any matter shall outweigh the aggregate vote
of all other Members until the
control granted to Declarant in this Article is
transferred to the Members.
Section 4.
Secured Parties. No individual or legal entity holding titling to a Lot as
security for any debt or obligation shall be considered an
owner of such Lot,
and such individual or entity shall not be entitled to membership in the
Association or to cast a vote on any questions or matter
affecting the
administration of the Association.
Section 5.
Voting. At every meeting of the Members, each of the Members shall have the
right to cast his vote on each question.
Subject to the Declarant's control as
set forth in Article III, Section 2 above, and other rights set forth in this
Declaration, the vote of the Members
representing fifty-one (51 %) percent
majority of the total votes cast, with respect to any question, in person or by
proxy, shall decide any question
brought before such meeting, unless the
question is one upon which, by express provisions of statute, the Association's
Charter or By-Laws, or this
Declaration, a different vote is required. In such
case, such express provision shall govern and control. The vote of any
membership, which is owned by
more than one person, may be exercised by any of
them present at any meeting unless an objection or protest by a co-owner of such
membership is
noted at such meeting. In the event all of the co-owners of any
such membership who are present at any meeting of the Members are unable to
agree
on the manner in which the vote for such membership shall be cast on any
particular question, then such vote shall not be counted for purposes of
deciding that question. No Member shall be eligible to vote, either in person or
by proxy,' or to be elected to the Board of Directors, who is shown on
the books
or management accounts of the Association to be more than thirty (30) days
delinquent in any payment due the Association.
Section 6. Proxies. A Member may appoint any
other Member or the Declarant, or any other person permitted by law or by the
By-Laws,
as his proxy. In no case, may any Member, except the Declarant, cast
more than one vote by proxy, in addition to his own vote. Any proxy must be in
writing and must comply with all requirements imposed by law or by the By-Laws.
Section 7. Quorum. The presence, either in
person or by proxy, of Members representing at least a twenty (20 %) percent of
the total
votes entitled to be cast with respect to any question shall be
requisite for, and shall constitute a quorum for, the transaction of business at
all meetings
of the Members. If the number of Members at a meeting drops below
the quorum and the question of a lack of quorum is raised, no business may
thereafter be transacted. If two or more successive meetings are adjourned for
lack of a quorum, the quorum for each successive resumed meeting
shall be equal
to the greater of the number of votes represented at either of the two previous
adjourned meetings.
Section 8. Rules
and Regulations. The Developer initially, and the Association after control
is turned over, may from time to time,
promulgate rules and regulations for the
use and enjoyment of the common areas and roads.
ARTICLE IV.
PROPERTY RIGHTS AND EASEMENTS
Section 1.
Owner's Easements of Enjoyment Over the Common Area. Every Owner
shall have a right and easement of enjoyment
over and across the Common Areas,
and such easement shall be appurtenant to and shall pass with the title to every
Lot, subject to this
Declaration and the following specific provisions:
(a) The right of the Association, as
provided in its charter and/or By-Laws, to suspend any enjoyment rights of any
member;
(b) The right of the Association, in
accordance with its Charter and/or By-Laws, to improve and maintain the Common
Areas;
(c) The right of the Declarant and the
Association, but not the obligation, to protect, maintain and inspect the Common
Areas.
Section 2.
Easements for Utilities and Related Purposes. The Declarant and/or the
Association are authorized and empowered to
grant such licenses, easements
and/or rights-of-way for water lines, electrical cables, telephone cables,
television and other communication cables,
internal and external wiring and
antennae, gas lines, storm drains, underground conduits and/or such other
purposes related to the provision of public
utilities and other common services
to the Property as may be considered necessary, appropriate or desirable for the
orderly maintenance,
preservation of the health, safety, convenience and/or
welfare of the Owners and the Declarant.
Section 3.
General Easement. The Declarant hereby reserves for itself and the
Association the right and easement to the use of any
Lot or any portion thereof,
as may be needed for repair, maintenance or construction on such Lot, any other
Lot, or the Common Area.
ARTICLE V.
MAINTENANCE AND REPAIR
Section 1.
Association Responsibilities. Except as otherwise stated in this
Declaration, the Association shall provide and pay for all
maintenance and
expenses for the Common Areas, any improvements on the Common Areas, Common
Fences, the entrances, the Entry' Areas, and
drainage structures.
Section 2. Individual Lot Owners. Each
Owner shall be responsible for the maintenance, painting, and proper upkeep of
the Owner's
Lot and all improvements thereon, including, without limitation, all
areas within easements. Grass, weeds and vegetation shall be kept neatly cut to
the
pavement and all debris and animal waste shall he cleared at regular
intervals front so as to maintain same in a neat and attractive manner.
Further, each Owner shall keep his residence in
a condition comparable to its condition when initially constructed. In the event
all or any portion of a
residence is damaged or destroyed by fire or other
casualty, then the Owner shall promptly rebuild, repair or reconstruct said
residence in a manner
which will substantially restore same to its original
condition or demolish the residence, at his discretion within nine (9) months of
the occurrence of the
casualty.
In the event the Owner of the Lot shall fail to comply with the
terms and conditions of this Article in a manner reasonably satisfactory to the
Board of Directors and in keeping with other Lots, the Declarant, in its sale
discretion, or the Association, after approval of two-thirds (2/3) vote of the
Board of Directors, shall have the right, through agents and/or employees, to
enter upon said Lot and to repair, maintain and restore the Lot and
to repair,
maintain, restore or demolish the improvements thereon. The costs thereof:
together with interest thereon and costs of collection thereof,
shall be a
binding personal obligation of such Owner, as well as, a continuing lien upon
the subject Lot upon the recording of a notice of lien with the
Office of the
Register of Meigs County, Tennessee. The rights and remedies given to the
Association by the Article of this Declaration
dealing with assessments and
non-payment thereof shall apply fully to the debt obligations, including
interest and costs of collection, and the lien rights
created in this Section.
Likewise, the terms and conditions of said Article dealing with subordination
and mortgage protection shall be fully applicable.
ARTICLE VI.
COMMON FENCES
Common Fence. The Declarant may construct a fence along Cotton Port Road
(the "Frontal Fence"). The Frontal Fence shall be of a
design to be selected by
the Declarant and shall be maintained by the Association, and may not be changed
in any manner by any Owner.
ARTICLE VII.
ASSESSMENTS
Section I.
Creation of the Lien and Personal Obligation of Assessments. Each Owner
of any Lot by acceptance of a deed therefore.
Whether or not it shall be so expressed in any such deed or other conveyance,
shall be deemed to covenant and agree to pay to the Association the
assessments provided in this Article. Said assessments shall be fixed,
established and collected from time to time as herein provided. All such
assessments, together with such interest thereon and costs of collection thereof
as are hereinafter provided, shall be a charge on the land and shall be a
continuing lien upon the Lot against which each such assessment is made. Each
such assessment, together with interest thereon and cost of collection
thereof shall also be the personal obligation of the Owner of such Lot at the
time when the assessment becomes due.
Section 2.
Annual Assessments.
(a) Each Member other than Declarant
shall pay to the Association in advance an annual sum equal to the Member's
proportionate share of the sum required by the Association, as estimated by its
Board of Directors, to meet its annual expenses, including, but in no way
limited to, the following:
(1)
The cost of all operating expenses of the Association and services furnished,
including charges by the Association for its facilities, if
any, any repayment of any debt expenses including any loans incurred by the
Association and interest thereon from Declarant for
operating and capital improvement; and
(2)
The amount of a1l taxes and assessments levied against the Association or upon
any property which it may own or which it is
otherwise required to pay, if any; and
(3)
The cost of extended liability insurance and the
cost of such other insurance as the Association may effect; and
(4)
The cost of funding all reserves established by the Association, including, when
appropriate, a general operating reserve and/or reserve for replacements; and
(5)
The estimated cost of repairs, maintenance and replacements of the entrance, the
Frontal Fence, drainage systems, Retention Basins,
the Common Area and other items.
(6)
Electricity and water for irrigation of the Common Area improvements.
(7)
Common Area improvements, including lakes or ponds accessible only by a common
area.
(b) For each Lot, the annual
assessment sha1l first become due on the date of the closing of the sale of said
Lot from the
Declarant to the Owner, unless the Owner is a builder constructing a residence
for someone other than himself, in which case, said assessment shall
first become due on the date of the closing of the transfer of said Lot by the
builder to the first resident, or eighteen ( 18) months from the date of the
closing of the sale of the Lot from the Declarant to the builder, whichever is
earlier. The assessment shall be prorated for any partial assessment year.
(c) After January 1, 2008, the Board
of Directors shall determine the amount of the annual assessment against each
Lot at least
thirty (30) days in advance of each annual assessment period, but may do so at
more frequent intervals should circumstances so require as provided in
the By-Laws. The general annual assessment for each Lot shall be computed by
dividing the total assessment attributable to the Property by the total
number of Lots. Written notice of the annual assessment shall be sent to every
Owner subject thereto but failure to receive such notice shall not excuse
payment. The due dates shall be established by the Board of Directors. The
Association shall, upon demand and for a reasonable charge, furnish a
certificate signed by an officer of the Association setting forth whether the
assessment on a specified Lot has been paid. Declarant is exempt from
assessment fees.
(d) Until the sooner of January I,
2007, or until 20 Lots are sold by Declarant, the maximum annual assessment per
lot to be paid to
the Association shall be $400.00.
Section 3.
Special Assessments. In addition to the regular assessments authorized by
this Article, the Association may levy a special
assessment or assessments in any assessment year, applicable to that year only,
for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, unexpected repair or replacement of a described
capital improvement for which the Association is responsible or for such other
purposes as the Board of Directors may consider necessary, provided that such
assessment shall have the assent of the Members representing two-
thirds (2/3) of the total number of votes eligible to be cast. A meeting of the
Members shall be duly called for this purpose, written notice of which shall
be sent to all Members at least ten (10) days, but not more than thirty (30)
days, in advance of such meeting, which notice shall set forth the purpose of
the meeting. Such assessment shall be prorated among the Members on the same
basis as annual assessments.
Section 4.
Emergency Assessments. In the event of any emergency situation, condition, or
occurrence affecting the life, health, safety or
welfare of the Members or the property of the Members, the Board of Directors
may declare an emergency assessment in such amount and payable at such time as
the Board, in its sole discretion, shall deem necessary. All other provisions of
this Declaration shall govern such emergency assessment, except
for the amount and time of payment. Such assessment shall he prorated among the
Members on the same basis as annual assessments. The Board of
Directors shall be fully protected and not liable for any mistake in judgment
hereunder if the emergency assessment was made in good faith.
Section 5.
Non-Payment of Assessments. Any assessment levied pursuant to this
Declaration, or any installment thereof, which is not
paid on the date when due, shall be delinquent and shall, together with interest
thereon and the cost of collection thereof', as hereinafter provided,
thereupon become a continuing lien upon the Lot or Lots belonging to the Member
against whom such assessment is levied and shall bind such Lot or
Lots in the hands of the then Owner, his heirs, devisees, personal
representatives and assigns. In order to evidence said lien, a notice of lien
setting forth
the amount of the indebtedness, the Owner's name, and a description of the Lot
shall be recorded with the Office of the Register of Deeds of Meigs
County, Tennessee. The personal obligation of the Member to pay such assessment
shall, however, remain his personal obligation for the statutory
period and a suit to recover a money judgment for non-payment of any assessment
levied pursuant to this Declaration, or any installment thereof, may
be maintained without foreclosing or waiving the lien herein.
Any assessment levied pursuant to this
Declaration or any installment thereof, which is not paid within ten (10) days
after it is due, may, upon
resolution of the Board of Directors, bear interest at a rate not to exceed the
highest rate allowed under the laws of the State of Tennessee, and may, by
resolution of the Board of Directors, subject the Member obligated to pay the
same to the payment of such penalty or "late charge" as the said Board
may fix. The Association may bring an action at law against the Member
personally obligated to pay the same, or foreclose the lien against the Lot or
Lots subject to prior mortgages or deeds of trust upon the Lot or Lots; in
either event, the Association may collect from the Member interest, costs and
reasonable attorneys' fees. No Owner may waive or otherwise escape liability for
the assessments provided for herein by non-use of the Property or abandonment of
his Lot.
For the
purpose of enforcing the lien of any unpaid and delinquent assessment, each
Owner irrevocably grants the Board of Directors of the Association the power to
sell his Lot at public outcry to the highest and best bidder for cash. The Board
of Directors is authorized to make such a
public sale if and only if such sale conforms to Sections 7 and 8 of this
Article. The Association is hereby authorized to take any and all courses of
action available to it for collection of the assessment, which the laws of the
State of Tennessee allow. Any such sale shall be made after first
advertising the sale of said property for not less than twenty-one (21) days by
three (3) weekly publications in some newspaper circulated in the County
of Meigs, State of Tennessee, giving notice of the time and place of such sale.
Any sale of a Lot to enforce a lien for delinquent and unpaid assessments
shall be free from equity of redemption, statutory right of redemption, marital
rights, homestead, and dower and all other exemptions, all of which are
expressly waived by the Owners; and any such sale and the lien enforced thereby
shall take precedence over and have priority over any and all other
liens of every nature against the Lot except real estate and ad va1orem taxes
assessed against the Lot and prior recorded mortgages or deeds of trust
described in Section 7 of this Article. The proceeds of any such sale, whether
under the power of sale or by foreclosure suit, shall be applied to the first
to the payment of the expenses of protecting the Property and the expenses of
litigation, attorney's tees, and sale commission; and second, to the
payment of real estate and ad valorem taxes assessed against the Lot and any
prior recorded mortgages or deeds of trust as described above; and third,
to the payment of all amounts due the Association under the terms of the
Declaration and the By-Laws; and the balance, if any, to the Owner whose
Lot is sold, and his assigns. Upon any default in the payment of the assessment,
the Board of Directors shall have the right to all rents, issues, and
profits from the Lot in default and shall have the right to secure the payment
through notice to those in possession of the Lot or by entry into possession
in the same manner as the mortgagee entering into possession following default.
All rights, remedies and privileges granted to
the Board of Directors or an Owner, pursuant to any terms, provisions and
covenants and
conditions of the Declaration and the By-Laws, shall be deemed to be cumulative,
and the exercise of anyone or more shall not be deemed to constitute
an election of remedies nor shall it preclude the party thus exercising the same
from exercising such other and additional rights, remedies or privileges
as may be granted to such party by the Declaration and the By-Laws, at law or in
equity.
Section 6.
Acceleration of Installments. Upon default in the payment of anyone or more
installments of any assessment levied pursuant to
this Declaration, the entire balance of said assessment may be accelerated at
the option of the Board of Directors and be declared due and payable in
full.
Section 7.
Priority of Lien. The lien established by this Article shall have preference
over any other assessments, liens, judgments or
charges of whatever nature, except the following:
(a) General
and special assessments for real estate taxes on a Lot; and
(b) The
liens of any deeds of trust or mortgage instruments duly recorded on the Lot
prior to the recordation on said Lot after receipt of a
written statement from the Association reflecting that payments on said lien
were current as of the date of recording of said deed of trust or mortgage
instrument.
Section 8.
Subordination and Deed of Trust Mortgage Protection. Notwithstanding
any other provisions hereof to the contrary, the lien of
any assessment levied pursuant to this Declaration upon any Lot shall be
subordinate to, and shall in no way affect the rights of the holder of any
indebtedness secured by any recorded first deed of trust or mortgage (meaning a
lien with priority over all other liens) if such deed of trust or mortgage
is made in good faith and for value received; provided, however, that such
subordination shall apply only to assessments which have become due and
payable prior to a sale or transfer of such Lot pursuant to a decree of
foreclosure or any other proceeding in lieu of foreclosure, and shall not in
such
instance apply to claims for a share of such assessments or charges resulting
from a reallocation of such assessments or charges to all Owners,
including the mortgaged Lots. Such sale or transfer shall not relieve the
purchaser at such sale of the Lot from liability for any assessments thereafter
becoming due, nor from the lien of any such subsequent assessment. Said lien, if
any, shall have the same effect mid be enforced in the same manner as provided
herein.
No amendment
to this Section shall affect the rights of the holder of any such deed of trust
or mortgage (or the indebtedness secured thereby)
recorded prior to recordation of such amendment unless the holder thereof (or
the indebtedness secured thereby) shall join in the execution of such
amendment.
Section 9.
Additional Default. Any recorded first deed of trust or mortgage secured by
a Lot shall provide that any default by the
mortgagor in the payment of any assessment levied pursuant to this Declaration,
or any installment thereof, shall likewise be a default in such deed of
trust or mortgage (or the indebtedness secured thereby), but failure to include
such a provision in any such instrument shall not affect the validity of
priority thereof, and the protection extended to the holder of such instrument
(or the indebtedness secured thereby) elsewhere in this Article shall not he
altered, modified or diminished by reason of such failure.
ARTICLE VIII.
ARCHITECTURAL CONTROL
Section 1.
Architectural Control Committee. An Architectural Committee is hereby
established and shall consist of three (3) entities or
persons (the
"Committee"). The initial Committee shall consist of the Declarant and two (2)
other entities or persons to be selected by the Declarant.
These Committee
members shall serve for a period of two (2) years (and until such time as
replacement members are appointed,) unless they are
replaced by the Declarant,
resign or otherwise fail to serve, upon the expiration of two (2) years from the
date hereof, or the earlier termination of any Committee member, the Declarant
shall then appoint substitute Committee members until control of the Association
is transferred to the Members
(or until 75% of all building lots have been
sold), at which time, the Board of Directors of the Association shall have the
authority to make said
appointments: provided, however, that the Declarant shall
have the absolute right to be one of the three (3) Committee members until the
development is complete and all of the Lots have been sold and all land
currently owned or hereafter acquired by the Declarant, by any venturer of the
Declarant, or
by any entity related to any venturer, in the surrounding vicinity
is developed and sold. The affirmative vote of a majority of the membership of
the
Committee shall be required to adopt or promulgate any rule or regulation,
or to make any findings, determinations, ruling or order, or to issue any
permanent authorization or approval pursuant to directives or authorizations
contained herein.
Section 2. Approvals Necessary, Rules of
Committee and Remedies for Violation. With the exception of improvements
desired by the
Declarant, no residence, structure or improvement of any kind or
nature, or any fence or barrier shall be commenced, erected, placed, moved onto,
or
permitted to remain on any of the Lots, nor shall any existing structure,
improvement, fence or barrier upon any Lot be altered in any way which
materially changes the exterior appearance thereof, without the written consent
of the Committee; nor shall any new use be commenced on any Lot
without the
written consent of the Committee. Plans and specifications of all such
improvements and uses shall be submitted to and may be
retained by the
Committee. They shall be in such form and shall contain such information as may
be required by the Committee, but in any event
shall include, without
limitation, (I) a building plan and site plan showing the floor plans, exterior
elevations, color scheme, kind, shape, height,
materials and location with
respect to said Lot (including proposed front, rear and side setbacks) of all
structures, fences or barriers, and location of all
parking spaces and driveways
on the Lot and the proposed surface thereof. (2) grading and landscape plans,
and (3) a selection of one of several
landscape designs which the Committee will
make available and which will represent the minimum landscape requirements. Declarant
recommends that a registered and licensed professional Architect or
Engineer, or professional residential housing designer prepare all plans and
specifications. The Committee in its sole and absolute discretion shall approve
the Builder selected to construct any residence. No residence may he
constructed
upon any Lot except by a Licensed General Contractor.
The Committee may promulgate rules governing the forms and content
of plans to be submitted for approval or requiring specific
improvements on the
Lots, including, without limitation, the exterior lighting and planting, and may
issue statements of policy with respect to
approval or disapproval of the
architectural styles or details or other platters which may be presented for
approval. Such rules and such statements
of policy may be amended or revoked by
the Committee at any time, and no inclusion in, or Omission from or amendment of
any Such rule or statement shall be deemed to bind the Committee to approve or
disapprove any feature or matter subject to approval or to waive the exercise of
the Committee's
discretion as to any such platter; however, no change of policy
shall affect the finality of any approval granted prior to such change. Approval
for
use on any Lot of any plans or specifications shall not be deemed a waiver
by the Committee in its discretion to disapprove such plans, specifications,
features or elements as are subsequently submitted for use on any other Lot.
Approval of any such plans and specifications relating to any Lot shall
be final
as to that Lot, and such approval may not be revoked or rescinded thereafter
provided that the plans and specifications as approved and any
condition
attached to any such approval have been adhered to and complied with in regard
to all structures, improvements, fences or barriers on and
uses of the Lot in
question.
In the event the Committee fails to approve or disapprove any plans
and specifications as herein provided within thirty (30) days after
submission
thereof, the same shall be deemed to have been approved as submitted and no
further action shall be required.
Upon submission of the plans and specifications, the Owner may be
required to pay to the Committee a review fee of $600.00 as adjusted from
time-to-time, and shall further pay an additional fee of $100.00 for each
additional review needed to comply herewith, plus any expenses or cost
incurred
by the Committee in connection with such reviews.
At time of closing of the first sale of each lot, the sum of One
Hundred Dollars ($100.00) shall be collected and transferred to the Association
to be held as a Working Capital Fund. The purpose of the fund is to
ensure that the Association will have adequate cash available to meet
unforeseen
expenses, and to acquire additional equipment or services deemed necessary or
desirable for the upkeep of said property. Amounts
paid into the fund shall be
considered advance payments of regular assessments.
Prior to beginning construction on any Lot, any Owner other than
Declarant shall pay to the Association the sum of Five Hundred Dollars
($500.00)
as a non-refundable Construction Damage Deposit to be applied for road
maintenance, with out limitation of any recourse the Association
may have for
damages to Common Areas due to negligence of the Owner or Agents of the Owner
during construction.
If any structure, improvement, fence or barrier shall be altered,
erected, placed or maintained upon any Lot or any new use commenced on
any Lot,
otherwise than in accordance with plans and specifications approved by the
Committee as required herein, such alteration, erection,
maintenance or use
shall be deemed to have been undertaken in violation of the restrictions herein
and without the approval required herein; and
upon written notice front the
committee, any such structure, improvement, fence or barrier so altered,
erected, placed or maintained upon any Lot, in
violation hereof, shall be
removed or altered, and such use shall be terminated so as to extinguish such
violation.
If fifteen (15) days after the notice of such violation, the Owner
of the Lot in question shall not have taken reasonable steps toward the
removal,
alteration termination of the same, the Association, by its officers or
directors, shall have the right, through its agents and employees, to
enter upon
such Lot and to take such steps as play be necessary to extinguish such
violation, and the costs thereof shall be a binding personal
obligation of such
Owner, as well as, a continuing lien upon the Lot in question upon the recording
of a notice of lien with the Office of the Register of
Deeds of Meigs County,
Tennessee. The provisions of the Article of this Declaration dealing with
assessments and non-payment thereof,
including, without limitation, the right
and remedies given to the Association therein, shall apply fully to the debt
obligations, including interest told
costs of collection, and the lien rights
created in this section. Likewise, the terms and conditions of said Article
dealing with subordination and
mortgage protection shall be fully applicable.
Upon completion of the construction or alteration of any structure
in accordance with the plans and specifications approved by the
Committee, the
Committee shall, upon written request of the Owner thereof, issue a letter of
compliance identifying such structure and the Lot on
which such structure is
placed and stating that the plans and specifications, location of such structure
and the use or uses to be conducted thereon
have been approved and that such
structure complies therewith. Preparation of such letter shall be at the expense
of the Owner of such Lot. Any
compliance letter issued in accordance with the
provisions of this paragraph shall be prima facia evidence of the facts
therein stated, and as to any
purchaser or encumbrancer in good faith and for
value, or as to any title insurer, such compliance letter shall be conclusive
evidence that all
structures and improvements described therein and the use or
uses described therein comply with all the requirements of these restrictions.
Any agent of the Declarant or the Committee, may, at reasonable
times, enter upon and inspect any Lot and any improvements
thereon for the
purposes of ascertaining whether the maintenance of such Lot and the
maintenance, construction, or alteration of structures and
improvements thereon
are in compliance with the provisions of this Declaration, and no such persons
shall be deemed to have committed a
trespass or other wrongful act by reason of
such entry or inspection.
ARTICLE IX.
CONSTRUCTION OF RESIDENCE
Section I.
Completion of Construction. Once construction of a residence is
commenced, the particular Owner shall proceed diligently
therewith and complete
construction within eighteen (18) months after said commencement.
If said construction is not
completed within said eighteen (18) months, then the Owner shall owe to the
Declarant a penalty equal to
twenty percent (20%) of the original price of the
Lot. Said amount shall be payable within thirty (30) days after the end of said
eighteenth month
and shall increase by an additional penalty of one percent (1
%) of said price for each additional thirty (30) days it remains unpaid. Said
penalties,
together with costs of collection thereof, shall be a binding
personal obligation of such Owner, as well as, a continuing lien upon the
subject Lot
upon the recording of a notice of lien with the Office of the
Register of Deeds of Meigs County, Tennessee. The rights and remedies given to
the
Association by the Articles of this Declaration dealing with assessments and
non-payment thereof shall apply fully to the debt obligations,
including costs
of collection, and the lien rights created in this Section for the benefit of
the Declarant.
The terms and conditions of this
Section, including, without limitation, the time periods set forth for
completion of construction, shall apply
fully to any subsequent purchasers or
any Lot.
Section 2. Subordination and Mortgage Protection.
The subordination and mortgage protection provisions of the Article of this
Declaration dealing with assessments and non-payment thereof shall be fully
applicable to all the rights and remedies of the Declarant created by this
Article.
ARTICLE X.
RESTRICTIVE COVENANTS
Section I. Residential Use. No Lot shall be
used except for single-family private residential dwelling purposes permitted by
the
Single Family Zoning Regulations of Meigs County, Tennessee, as same exist
and are in effect as of the date of this Declaration and except for
those uses
permitted to the Declarant as shown herein.
Section 2. Uses, Prohibited Uses and Nuisances.
In order to provide for a congenial occupation of the residences to be built on
the Lots and for the protection of the values of the entire development, the
following provisions shall govern the Lots and the residences to be
constructed:
(a) The Property is hereby restricted to single-family
private residential dwellings for residential use only, and no trade or business
of any
kind shall be conducted on a Lot except for such uses permitted to Declarant as shown herein. Each lot shall have only one dwelling. All buildings
or
structures placed upon the Property shall be site-built and of new
construction, and no buildings or structures shall be moved from other locations
onto the Property. However, nothing in this paragraph is intended to limit or
restrict, and same shall not limit or restrict, Declarant from
constructing any
structure upon, or moving any mobile home or trailer onto, the Property whether
any of same be new or used, for use as an office or
any other purpose related to
the development, marketing and management of the Property. Nor shall it limit or
restrict Declarant from placing
such signs or billboards or engaging in any such
trades, businesses or activities on the Property that Declarant, in its
discretion, shall deem
appropriate and proper related to the development,
marketing and management of the Property.
(b) Each Lot shall be conveyed as a separately designated and
legally described freehold estate subject to the terms, conditions and
provisions hereof and all easements, restrictions and covenants set out in the
Subdivision Plats.
(c) No structures of a temporary character, trailers, tents,
shacks, garages, barns or other out- buildings shall be used on any
portion of
said Property at any time as a residence, either temporarily or permanently.
(d) All buildings erected on any Lot shall have wood frame,
vinyl, or vinyl clad windows on sides facing a street, or other type
windows as
approved by the committee.
(e) The minimum heated, livable area of
any residence, excluding garages, porches, storage rooms, workshops, etc., shall
be not less
than 1,800 square feet. Dwellings that exceed 1 1/2 stories,
basements excluded, must be 2,200 square feet minimum.
(f) Each residence must have an attached fully enclosed
garage for not less than two (2) nor more than four (4) cars. Basement garages
may be approved if the Lot and dwelling are of suitable size and character. No
garage door may be left open to a street for an extended period of time.
(g) Each residence must have a uniform traditional mailbox
structure and may have outdoor post lights located at sidewalk from
driveway,
all of which must be approved by the Committee. The Committee must approve the
treatment and construction of all driveway entrances.
(h) All private fences must be constructed of (1) brick,
stucco, Dryvit (or other EIFS system) and/or wrought iron, (2) wood planks
shadow box style no more than 8" in width, or (3) Kentucky fences consisting of
wood or vinyl posts and (3) wood or vinyl rails. In accordance
with Article VIII
hereof, the Committee must approve all fences. No fence, hedge or other
separating device shall be constructed beyond the front
house line, nor on comer
lots beyond the side house line. All fences, regardless of location, shall be no
more than eight feet (8’) feet tall.
Notwithstanding a1l of the foregoing
provisions of this paragraph (h), the Committee shall have the right to grant
approval for such variations,
waivers or exceptions to any or all of the above
restrictions related to fences as it, in its sole discretion, shall deem proper.
(i) No obnoxious or offensive trade or activity shall be
carried on upon any Lot nor shall anything be clone thereon that may be or
become an annoyance or nuisance.
(j) No animals of any kind shall be raised, bred or kept on
any of the Lots, except dogs, cats or caged birds provided that such dogs, cats
and birds are not kept, bred, or maintained for any commercial purpose and are
confined within homes, fenced yards or restrained by leash at all
times. Any
dogs kept outside shall not be allowed to be noisy, bothersome or a nuisance. No
pens or runs are allowed.
(k) Lawns, on all properties, either occupied or vacant, must
be maintained such that the grass does not exceed 8" in height.
(l) No three-wheelers, four-wheelers or other vehicles not
approved for use on public streets (except bicycles) shall be permitted on the
streets of the Property. The proper Meigs County authorities will enforce this
provision.
(m) No signs whatsoever shall be permitted on any properties,
except those permitted by Declarant or Association.
(n) No exterior television or radio antennas, nor any
satellite dishes with a diameter in excess of 20 inches (the location of which
shall be
approved by the Committee) shall be placed, allowed or maintained upon
the Property or any improvements to he located upon the Property.
(o) No clothes1ine may be used or maintained on any Lot.
(p) No building material of any kind or character shall be
placed or stored upon any Lot until the Owner is ready to commence
improvements.
Building materials shall be stored only within the property lines of the
particular Lot involved.
(q) Excluding mail boxes, approved post lights, natural or
approved vegetation and the needs of the Declarant, no obstruction shall
be
allowed within ten (10') feet of any right-of-way, except on property or
easements owned by the Association or unless approved by the Committee.
(r) All equipment, air conditioning units, electrical
transformers, garbage cans, service yards, and woodpiles shall be kept screened
by
adequate planting or fencing so as to completely conceal them from view of
all streets and neighboring Lots. Further, any and all of the foregoing
items,
along with any basketball goals or other playground or sports equipment shall be
located and placed no closer to any street than the front of
the house.
Basketball goals shall not be attached to the front of any house. "Front of the
house" as used in this Declaration shall mean that part of the
structure of the
house farthest away from the street but facing such street. Comer lots must
comply with this restriction as to both streets.
All rubbish, trash, or garbage shall be regularly removed from the premises and
shall not be allowed to accumulate thereon.
(s) The construction of all swimming pools shall be approved
by the Committee. All swimming pools shall be fenced in a manner to
comply with
applicable law and regulations and to prohibit easy access by small children.
All such fences must be in full compliance with the fence
restrictions
hereinbefore set forth. No above-ground pools shall be allowed.
(t) No tennis court fence shall be erected on any Lot unless
the Committee approves the construction, size and materials. In the
event wire
fencing is approved, it must, at a minimum, be coated with green or black vinyl
or a similar material of like color.
(u) No wagons, trailers or recreation or commercial vehicles,
including, without limitation, boats, boat trailers, horse trailers,
motorcycles, trucks, motor homes, camping trailers, or similar type items shall
be kept other than in a garage. No automobile or other vehicle shall be
continuously, habitually or regularly parked on any street or right-of-way or in
any yard.
(v) No tree, further than 20' from the home, with a diameter
of six (6) or more inches, as measured two (2') feet from the ground, shall be
removed without the approval of the Association, except for the emergency
removal of a tree that constitutes a hazard to person or property.
(w) Setback lines and height restrictions shall be no less
than those required by applicable governmental regulations and no less than
those
shown on the Subdivision Plats. The Committee shall have the absolute
right to Control the precise site and location of any house or other structure
upon all Lots. Such location shall be determined only after reasonable
opportunity has been afforded to the Owner to recommend a specific site.
(x) No Lot may be further subdivided, except to enlarge an
existing lot. No portion of any Lot may be conveyed except with the prior
written approval of the Committee.
(y) All above-ground exterior foundation and exposed basement
walls must be veneered with stucco, Dryvit (EIFS) type material,
split-faced
block approved by the Committee, brick or stone unless otherwise approved by the
Committee.
(z) During construction of improvements and at all times
thereafter, lots must be regularly cleaned and kept free of debris.
Governmental
erosion and sediment control guidelines shall be observed at all times.
(aa) All driveways, walks and patios must be surfaced prior to
occupancy of any dwelling and must be constructed of concrete, pavement
or
brick, unless otherwise approved by the Committee.
(bb) Each lot may be improved with only one single-family
dwelling. No out-buildings, sheds or any other structures shall be allowed,
except one detached storage building stick-built on site, no larger than six
feet by six feet by five feet tall, constructed of the same material as the
residence on said lot so as to have a similar appearance. Said storage building
must be located in the rear yard and completely screened by a
privacy fence.
Prior to construction, the Committee must approve plans specifications for any
storage building.
(cc) The finished grading for all Lots shall be completed in
conformity with the recorded Plats for the Subdivision and in such manner as to
retain all surface water drainage on said lot or lots in "property line swales"
designed to direct the flow of all surface waters into the drainage
easements as
created by the overall drainage plan for the Subdivision as approved by the
appropriate county authority.
(dd) All roofs must have an 8/12 pitch or steeper. Roof
construction of slate, artificial slate, standing seam metal, copper, 25-year
dimension shingles or better and cedar shake shingles are acceptable. Other
roofing types will require special approval. All dwellings must be guttered.
(ee) No vegetable gardens shall be allowed in front or side
yards.
(ff) All dwellings must have an exterior of brick, stone,
imitation stone, logs, heavy timber, stucco siding or cedar shakes. Hardboard
masonite and vinyl siding is not permitted, however Hardi Plank siding is
acceptable.
(gg) All flashings on structures must be copper or metal
painted to match the trim of the structure. Exterior trim shall be made of wood,
composite wood, Fypon (or any brand similar to Fypon).
(hh) The Declarant reserves, unto itself, the right to approve
additional and separate restrictions at the time of sale of any of the
Lots,
which restrictions may differ from Lot to Lot or to waiver any these provisions
as to any lot.
(ii) Notwithstanding any provisions herein contained to the
contrary, it shall be expressly permissible for the Declarant to maintain,
during the time period necessary for the sale of said Lots, upon such portion of
the premises as the Declarant deems necessary, such facilities as,
in the sole
opinion of the Declarant, may be reasonably required, convenient or incidental
to the development of the Property and the sale of the Lots,
including, without
limitation, a business office, storage area, construction yard, signs, model
units, and sales office.
(jj) There shall be no violation of any rules, which may from
time to time may be adopted by the Board of Directors for the operation
and use
of the Property and promulgated among the membership by them in writing. The
Board of Directors is hereby authorized to adopt such rules
including the
levying of appropriate fines, which will then be treated as assessments.
(kk) The Declarant, in its sole discretion, or the Association,
after approval by a majority vote of the Board of Directors, shall have the
right,
through agents and/or employees to enforce the aforesaid restrictive
covenants and to enter upon any Lot in violation thereof for such purpose.
Upon
written notice from either the Declarant or the Association, the Owner of the
subject Lot shall correct any such violation. If fifteen (15) days
after the
notice of such violation, the Owner shall not have taken reasonable steps toward
correction thereof, the Declarant or the Association, by
their officers and
directors, shall have the right, through agents and employees, to enter upon
such Lot and take such steps as necessary to
extinguish such violation. The
costs thereof shall be the binding personal obligation of such Owners, as well
as, a continuing lien upon the subject Lot
upon the recording of a notice of
lien with the Office of the Register of Deeds of Meigs County, Tennessee. The
provisions of the Article of this
Declaration dealing with assessments and
non-payment thereof, including, without limitation, the right and remedies given
to the association therein,
shall apply fully to the debt obligations including
interest and costs of collection, and the lien created in this section.
Likewise, the terms and
conditions of said Article dealing with subordination
and mortgage protection shall be fully applicable.
ARTICLE X.
MISCELLANEOUS
Section I. Duration and Amendment. The covenants and
restrictions of this Declaration shall run with and bind the land, shall inure
to
the benefit of the Association and the Owners of any real estate subject to
this Declaration, their respective legal representatives, heirs, successors and
assigns, and shall remain in effect until January I, 202 I, unless otherwise
expressly limited herein, after which time said covenants shall be automatically
extended for successive periods of ten (10) years each, unless an instrument
signed by the then Owners of ninety (90%) percent of the Lots has been recorded,
agreeing to change said covenants and restrictions in whole or in part. Any
amendment must be properly recorded to be effective.
NOTWITHSTANDING ANYTHING
HEREIN CONTAINED TO THE CONTRARY, THE DECLARANT RESERVES AND SHALL HAVE THE
RIGHT UNTIL THE ASSOCIATION IS TRANSFERRED TO THE TO OWNERS TO UNILATERALLY
AMEND THIS DECLARATION IN WHOLE OR IN PART IN ORDER.
Section 2. Enforcement. The Declarant, the
Association, or any Member, shall have the right to enforce the terms and
conditions
of this Declaration by any proceeding at law or in equity, against
any person or persons violating or attempting to violate any covenant or
restriction,
to restrain violations, to require specific performance and/or to
recover damages; and against the land to enforce any lien created by these
covenants; and failure to enforce any covenant or restriction herein contained
shall in no event be deemed a waiver of the right to do so thereafter. The
expense of enforcement by the Declarant or the Association shall be chargeable
to the Owner of the Lot violating these covenants and restrictions
and shall
constitute a lien on the Lot, collectible in the same manner as assessments
hereunder.
Section 3. Hold Harmless and Owner's
Responsibility. Each Owner, recognizing that certain risks are inherent in
the building of
houses, and in other aspects of building and recreation, does
upon taking title to a Lot, hold harmless (I) the Declarant, (2) the
Association, (3) any
other entity managing or supervising the aforesaid
activities which is owned and/or controlled or employed by the Declarant, by the
Association or
by some or all of the Members, and (4) their directors, officers
and employees, from any and all losses, liabilities, or damages which said
Owner, his
family, or guests may sustain resulting from the acts, and/or
omissions of said entities, except for their gross negligence. Further, said
Owner shall
be fully responsible for any and all losses or damages, which might
be caused by himself, his family or their invitees.
Section 4. Disclaimer. The Property may
include some land that is filled or partially filled or that contains abandoned
wells,
underground springs or other characteristics which may affect its
suitability for building. The Declarant makes no warranty or representation,
express,
implied or otherwise, as to the Property being undisturbed land or
suitable for building, and shall not be liable for claims, losses or damages of
any kind or character resulting from such conditions.
Section 5.
Casualty and Liability Insurance. The Owner of each Lot shall carry in full
force and effect casualty insurance in
limits for the replacement value of Lot
improvements located thereon and normal and reasonable general liability
insurance. The Owner shall
provide the Association a copy of the policies
providing such coverage, and the policies shall contain a thirty (30) day notice
of cancellation provision
running to the benefit of the Association. Insurance
on the Common Area shall be carried and paid by the Association.
Section 6. Interest and Late Charges. Any
amount due to the Association, which is not paid within ten (10) days after it
is due,
may, upon resolution of the Board of Directors of the Association, bear
interest at a rate not to exceed the highest rate allowed under the laws of the
State of Tennessee, and may, by resolution of said Board, be subject to such
penalty or "late charges" as said Board may fix.
Section 7. Notices. Any notice required to be
sent to any Member under the provisions of this Declaration shall be deemed to
have been
properly sent when mailed, postpaid, to the last known address of the
person who appears as a Member on the records of the Association at the time of
such mailing.
Section 8. Headings. All headings appearing
herein are for convenience only and shall be disregarded in construing the
substantive
provisions hereof.
Section 9. Severability. Invalidation of
anyone of these covenants or restrictions by judgment or court order shall in no way affect
the
validity of any other provisions, which shall remain in full force and
effect.
Section 10. Waiver. No restriction, condition,
obligation or provision of this Declaration shall be deemed to have been
abrogated or waived
because of any failure or failures to enforce the same.
Section 11. Gender, Etc. Whenever in this
Declaration the context so requires, the singular number shall include the
plural and the
converse; and the use of any gender shall be deemed to include
all genders.
IN WITNESS WHEREOF, the undersigned
has caused these presents to be signed by the officer duly authorized so to do
the day and year
first above written.
THE RIVER VIEWS, LLC.
By____________________________
Jack A. Greene, Managing Member
STATE OF_______________________
COUNTY OF_____________________
Before me, the undersigned authority, a Notary Public, in and for
said county and state, personally appeared __________________, with
whom I am
personally acquainted, or proved to me on the basis of satisfactory evidence,
and who, upon oath, acknowledged ____ self to be the
___________
of The River Views, LLC, the within named, bargainor, and, that __he as such
executed the foregoing instrument the
purposes therein contained by signing the
name of The River Views, LLC by ____self as____________________.
Witness my hand and official seal, this the
___________of ____, 2006.
My Commission Expires: ________
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