CONSOLIDATED TEXT OF DECLARATION OF COVENANTS AND RESTRICTIONS FOR LOOKOUT HIGHLANDS AND BYLAWS FOR LOOKOUT HIGHLANDS HOMEOWNERS ASSOCIATION, INC

Transcription

1 CONSOLIDATED TEXT OF DECLARATION OF COVENANTS AND RESTRICTIONS FOR LOOKOUT HIGHLANDS AND BYLAWS FOR LOOKOUT HIGHLANDS HOMEOWNERS ASSOCIATION, INC. AS OF NOVEMBER 9, 2017 INCORPORATING THE FOLLOWING AMENDMENTS AND SUPPLEMENTS TO THE DECLARATION ORIGINALLY RECORDED ON FEBRUARY 14, 1992 IN BOOK 178, PAGE 137 IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF DADE COUNTY, GEORGIA ( RECORDER S OFFICE ): First Amendment recorded in Book 188, Page 143 in the Recorder s Office on July 27, 1993 First Supplement recorded in Book 197, Page 689 in the Recorder s Office on October 28, 1994 Second Amendment recorded in Book 197, Page 692 in the Recorder s Office on October 28, 1994 Third Amendment recorded in Book 201, Page 274 in the Recorder s Office on April 28, 1995 Fourth Amendment recorded in Book 213, Page 330 in the Recorder s Office on November 11, 1996 Fifth Amendment recorded in Book 224, Page 119 in the Recorder s Office on January 21, 1998 Sixth Amendment recorded in Book 236, Page 120 in the Recorder s Office on January 27, 1999 Seventh Amendment recorded in Book 248, Page 264 in the Recorder s Office on February 11, 2000 Second Supplement recorded in Book 276, Page 359 in the Recorder s Office on January 17, 2002 Eighth Amendment recorded in Book 277, Page 492 in the Recorder s Office on February 6, 2002 Third Supplement recorded in Book 280, Page 698 in the Recorder s Office on April 10, 2002 Ninth Amendment recorded in Book 283, Page 553 in the Recorder s Office on June 7, 2002 (Tenth) Amendment recorded in Book 350, Page 126 in the Recorder s Office on November 17, 2005 (Eleventh) Amendment recorded in Book 370, Page 464 in the Recorder s Office on November 29, 2006 (Twelfth) Amendment recorded in Book 408, Page 306 in the Recorder s Office on January 26, 2009 (Thirteenth) Amendment recorded in Book 419, Page 588 in the Recorder s Office on December 8, 2009 Fourteenth Amendment recorded in Book 422, Page 557 in the Recorder s Office on March 26, 2010 Fifteenth Amendment recorded in Book 480, Page 143 in the Recorder s Office on October 30, 2014 Sixteenth Amendment recorded in Book 480, Page 148 in the Recorder s Office on October 30, 2014 Seventeenth Amendment recorded in Book 484, Page 449 in the Recorder s Office on March 31, 2015 Eighteenth Amendment recorded in Book 491, Page 308 in the Recorder s Office on October 16, 2015 Nineteenth Amendment recorded in Book 518, Page 390 in the Recorder s Office on November 9, 2017 ALSO INCORPORATING THE FOLLOWING AMENDMENTS TO THE BYLAWS: First Amendment to Bylaws dated March 6, 1992 Second Amendment to Bylaws dated September 30, 1996 Third Amendment to Bylaws dated June 7, 2002 Fourth Amendment to Bylaws dated November 11, 2004 Fifth Amendment to Bylaws dated October 15, 2005 Sixth Amendment to Bylaws dated November 8, 2008

2 (Seventh) Amendment to Bylaws approved at Meeting of Homeowners Association Members in October 2011 and recorded in Book 441, Page 707 in the Recorder s Office on November 3, 2011 Eighth Amendment to Bylaws dated October 3, 2015 [Note: by Warranty Deed recorded at Book 484, Page 577 in the Office of the Superior Court of Dade County, Georgia on April 6, 2015, all rights, including but not limited to, Developer s rights, of Lookout Atlantis, Ltd., set forth in the Declaration were conveyed to Lookout Highlands Homeowners Association, Inc.]

3 TABLE OF CONTENTS ARTICLE I DEFINITIONS...2 Page 1.01 Architectural Review Committee Association Board of Directors or Board Bylaws Common Expense Common Properties Covenants Declaration Developer First Mortgage First Mortgagee Improved Lot Lot or Residential Lot Manager Master Plan Member or Members Mortgage Mortgagee Owner Private Recreational Tract Property or Properties Record or To Record Recorder Undeveloped Land Unimproved Lot Unsubdivided Land Average Lot Size TG 4 Owner Contiguous Lots...6 ARTICLE II PROPERTIES, COMMON PROPERTIES AND IMPROVEMENTS THEREON Property Additions to Property Mergers Common Properties and Improvements Thereon...7 ARTICLE III COVENANTS, USES AND RESTRICTIONS Application Residential Use No Multi-Family Residences...8 i

4 3.04 No Business Use Minimum Square Footage Set-backs Rearrangement of Lot Lines Temporary Structures Completion of Construction Utility Easement Frontal Appearance Building Requirements Fences Damage to Streets and Curbs Signs Service Area and Alternative Energy Systems Garages Landscaping Motorized Recreation Vehicles; Animals Zoning Unsightly Conditions Offensive Activity Detached Buildings Sewage Disposal Permitted Entrances Tree Removal Tanks and Garbage Receptacles Wells No Antennas Excavation Sound Devices Laundry Mailboxes Duty to Rebuild or Clear and Landscape Upon Casualty or Destruction Vehicle Parking Maintenance Hunting Security Lights Right of First Refusal Violations and Enforcement...18 ARTICLE IV SPECIAL RESTRICTIONS AFFECTING ALL LAKES AND WATERFRONT AREAS Use of Lakes Lake Access Restrictions on Watercraft Restrictions on Lake Structures Rules and Regulations Easement for Entry Upon Lots for Maintenance, Repair or Cleaning of Lakes...19 ii

5 4.07 Suspension of Use of Lakes Lake, Pond or Waterway Failure No Private Ponds or Lakes...20 ARTICLE V ARCHITECTURAL CONTROL Architectural and Design Review Approval Standards...21 ARTICLE VI ASSESSMENTS Creation of the Lien and Personal Obligation of Assessments Purpose of Assessments Amount of Annual Assessments Special Assessments for Improvements and Additions Property Subject to Assessment Exempt Property Date of Commencement of Annual Assessments Lien Lease, Sale or Mortgage of Lot...25 ARTICLE VII MORTGAGES, MORTGAGEES AND PROCEDURES AND RIGHTS RELATING THERETO Register of Owners and Mortgages Subordination of Lien to First Mortgages Amendments Extension of Benefits to Other Mortgagees Mortgagees Approval of Certain Actions Notice of Default to First Mortgagees Examination of Books...26 ARTICLE VIII OWNER COMPLAINTS Scope Grievance Committee Form of Complaint Consideration by the Committee Hearing Before the Committee Questions of Law Questions of Fact; Arbitration Exclusive Remedy Expenses...28 ARTICLE IX REMEDIES ON DEFAULT Scope Grounds for and Form of Relief Judgment Interest and Recovery of Expenses Waiver...28 iii

6 9.05 Election of Remedies...28 ARTICLE X EMINENT DOMAIN Board s Authority Notice to Owners and Mortgagees Reimbursement of Expenses...29 ARTICLE XI GENERAL PROVISIONS Duration Amendments Notices Severability Captions Use of Terms Interpretation Law Governing Effective Date...32 ARTICLE XII TATUM GULF LOT Use of TG 4; Hunting Exemptions from Declaration for TG Modification of Declaration for TG Lien and Assessments Association Roads and Easements Applicable Provisions of Declaration Subdivision of TG TG 4 Roads and Utilities...35 EXHIBIT A Property Subject to the Declaration... A-1 EXHIBIT B Property Owned by the Developer That May Become Subject to the Declaration...B-1 EXHIBIT C Text of Bylaws of Lookout Highlands Homeowner s Association, Inc.... C-1 EXHIBIT D Tatum Gulf Lots... D-1 EXHIBIT E Statement of No Subdivision...E-1 EXHIBIT F Lot H-87 Description and Restrictions and Covenants. F-1 iv

7 DECLARATION OF COVENANTS AND RESTRICTIONS FOR LOOKOUT HIGHLANDS THIS DECLARATION made this 11th day of February, 1992, by LOOKOUT ATLANTIS, LTD., a Georgia corporation (herein Developer ). W I T N E S S E T H: WHEREAS, Developer, as owner of certain real property located in Dade County, Georgia, desires to create thereon a development known as LOOKOUT HIGHLANDS (sometimes herein Development ), the first phase of which shall be constructed upon a portion of the real property located in Dade County, Georgia, as more particularly described in Exhibit A attached hereto (herein Property ), and subsequent phases of which may be constructed upon portions of the real property located in Dade County, Georgia, as more particularly described in Exhibit B attached hereto; and WHEREAS, Developer desires to provide for the preservation of the land values and home values when and as the Property is improved and desires to subject the Development to certain covenants, restrictions, easements, affirmative obligations, charges and liens, as hereinafter set forth, each and all of which are hereby declared to be for the benefit of the Development and each and every owner of any and all parts thereof; and WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values and amenities in the Development, to create an entity to which should be delegated and assigned the power and authority of holding title to and maintaining and administering the Common Properties (as hereinafter defined) and administering and enforcing the covenants and restrictions governing the same and collecting and disbursing all assessments and charges necessary for such maintenance, administration and enforcement, as hereinafter created; and WHEREAS, Developer has caused or will cause to be incorporated under the laws of the State of Georgia, LOOKOUT HIGHLANDS HOMEOWNERS ASSOCIATION, INC., a Georgia nonprofit corporation, for the purpose of exercising the above functions and those which are more fully set out hereafter; NOW, THEREFORE, the Developer subjects the real property described in Article II, and such additions thereto as may hereafter be made, to the terms of this Declaration and declares that the same is and shall be held, transferred, sold, conveyed, leased, occupied and used subject to the covenants, restrictions, conditions, easements, charges, assessments, affirmative obligations and liens (sometimes referred to as the Covenants ) hereinafter set forth. These Covenants shall touch and concern and run with the Property and each Lot thereof.

8 ARTICLE I DEFINITIONS The following words and terms, when used in this Declaration, or any Supplemental Declaration (unless the context shall clearly indicate otherwise), shall have the following meanings: 1.01 Architectural Review Committee. Architectural Review Committee shall mean and refer to that Committee formed and operated in the manner described in Section 6.01 hereof Association. Association shall mean LOOKOUT HIGHLANDS HOMEOWNERS ASSOCIATION, INC., a Georgia nonprofit corporation Board of Directors or Board. Board of Directors or Board shall mean the governing body of the Association established and elected pursuant to this Declaration Bylaws. Bylaws shall mean the Bylaws of the Association, the initial text of which is set forth in Exhibit C attached hereto. [Note: the Bylaws attached hereto as Exhibit C have been revised to incorporate amendments.] 1.05 Common Expense. Common Expense shall mean and include (a) expenses of administration, maintenance, repair or replacement of the Common Properties; (b) expenses agreed upon as Common Expenses by the Association; (c) expenses declared Common Expenses by the provisions of this Declaration; and (d) all other sums assessed by the Board of Directors pursuant to the provisions of this Declaration Common Properties. Common Properties shall mean and refer to those tracts of land and any improvements thereon which are deeded or leased to the Association and designated in said deed or lease as Common Properties. The term Common Properties shall also include any personal property acquired by the Association if said property is designated as a Common Property. All Common Properties are to be devoted to and intended for the common use and enjoyment of the Owners, persons occupying dwelling places or accommodations of Owners on a guest or tenant basis, and visiting members of the general public (to the extent permitted by the Board of Directors of the Association) subject to the fee schedules and operating rules adopted by the Association; provided, however, that any lands which are leased by the Association for use as Common Properties shall lose their character as Common Properties upon the expiration of such lease. The Common Properties shall include but not be limited to street lights, entrance and street signs, landscaping easement areas, roads and their rights-of-way, lake(s), greenbelts, and parks Covenants. Covenants shall mean the covenants, restrictions, conditions, easements, charges, assessments, affirmative obligations and liens set forth in this Declaration Declaration. Declaration shall mean this Declaration of Covenants and Restrictions for LOOKOUT HIGHLANDS and any Supplemental Declaration filed pursuant to the terms hereof. 2

9 1.09 Developer. Developer shall mean LOOKOUT ATLANTIS, LTD., a Georgia corporation, and its successors and assigns First Mortgage. First Mortgage shall mean a recorded Mortgage with priority over other Mortgages First Mortgagee. First Mortgagee shall mean a beneficiary, creditor or holder of a First Mortgage Improved Lot. Improved Lot shall mean and refer to any Lot upon which a legally habitable residence exists Lot or Residential Lot. Lot or Residential Lot shall mean and refer to any parcel of land located within the Property which is used or intended for use as a site for a single-family detached dwelling as shown upon any recorded final subdivision map of any part of the Property Manager. Manager shall mean a person or firm appointed or employed by the Board to manage the daily affairs of the Association in accordance with instructions and directions of the Board Master Plan. Master Plan shall mean and refer to the drawing which represents the conceptual land plan for the future development of LOOKOUT HIGHLANDS. Since the concept of the future development of the undeveloped portions of LOOKOUT HIGHLANDS is subject to continuing revision and change at the discretion of the Developer, present and future references to the Master Plan shall be references to the latest revision thereof. In addition, no implied reciprocal covenants shall arise with respect to lands which have been retained by the Developer for future development except that all the covenants, restrictions, obligations and conditions set forth in this Declaration shall apply to all portions of the Property retained by the Developer. THIS DECLARATION DOES NOT DESIGNATE ANY PORTION OF THE PROPERTY FOR ANY PARTICULAR USE, SUCH DESIGNATION TO BE MADE BY SEPARATE SUBSEQUENT DECLARATION OR BY RECORDED PLAT WITH SUCH DESIGNATION CLEARLY AND UNEQUIVOCALLY SHOWN THEREON. THE DEVELOPER SHALL NOT BE BOUND BY ANY DEVELOPMENT PLAN, USE OR RESTRICTION OF USE SHOWN ON ANY MASTER PLAN, AND MAY AT ANY TIME CHANGE OR REVISE SAID MASTER PLAN Member or Members. Member or Members shall mean any or all Owner or Owners who are Members of the Association Mortgage. Mortgage shall mean a deed of trust or deed to secure debt, as well as a mortgage Mortgagee. Mortgagee shall mean a beneficiary, creditor, or holder of a deed of trust or a deed to secure debt, as well as a holder of a Mortgage Owner. Owner shall mean and refer to the Owner as shown by the real estate records in the office of the Recorder, whether it be one or more persons, firms, associations, 3

10 corporations, or other legal entities, of fee simple title to any Residential Lot, Unsubdivided Land, or Private Recreational Tract situated upon the Property, but, notwithstanding any applicable theory of a mortgage, shall not mean or refer to the mortgagee or holder of a security deed, its successors or assigns, unless and until such mortgagee or holder of a security deed has acquired title pursuant to foreclosure or a proceeding or deed in lieu of foreclosure; nor shall the term Owner mean or refer to any lessee or tenant of an Owner. In the event that there is recorded in the office of the Recorder, a long-term contract of sale covering any Lot or parcel of land within the Property, the Owner of such Lot or parcel of land shall be the purchaser under said contract and not the fee simple title holder. A long-term contract of sale shall be one where the purchaser is required to make payments for the Lot or parcel of land in the Property for a period extending beyond twelve (12) months from the date of the contract, and where the purchaser does not receive title to the property until such payments are made although the purchaser is given the use of said Lot or parcel of land. The Developer may be an Owner. Other than the Developer, any corporation, partnership, limited partnership, firm, or other type of business entity or association which is an Owner hereunder must designate no more than two individuals who will be authorized to exercise the rights of ownership (including use of the Common Properties) described herein. Such designation must be in writing and delivered to the Developer or the Board. Any changes made in the designation must also be in writing and delivered to the Developer or the Board Private Recreational Tract. Private Recreational Tract shall mean and refer to those parcels or tracts of land located within the Property held, operated and/or leased by the Developer and/or conveyed by the Developer to third parties, under covenants and restrictions permitted or requiring the development and operation of such property as a private-member recreational facility for golf, tennis, swimming or other recreational activity, the membership criteria of which may be totally selected and determined by the governing body of such Private Recreational Tract. Any such Private Recreational Tract shall have imposed upon it covenants running with the land which shall provide such restrictions as are determined by the Developer to reasonably assure aesthetic control regarding the property so transferred or operated Property or Properties. The Property or Properties shall mean and refer to the Property described in Section 2.01 hereof, and additions thereto, as are subjected to this Declaration or any supplemental declaration under the provisions hereof and may include: (1) Residential Lots; (2) Unsubdivided Land owned by the Developer or other Owners; (3) Private Recreational Tracts; and (4) Common Properties Record or To Record. Record or To Record shall mean to record pursuant to the laws of the State of Georgia relating to the recordation of deeds and other instruments conveying or affecting title to real property Recorder. Recorder shall mean and refer to the Clerk of the Superior Court of Dade County, Georgia and the successor to that office Undeveloped Land. Undeveloped Land shall be land owned by the Developer which is not improved and which has not been designated as Common Property whether subdivided or unsubdivided. 4

11 1.25 Unimproved Lot. Unimproved Lot shall mean and refer to any Lot that is not an Improved Lot Unsubdivided Land. Unsubdivided Land shall mean and refer to all land in the Property described in Section 2.01, hereof, and additions thereto as are subjected to this Declaration or any supplemental declaration under the provisions hereof, which has not been subdivided into or designated as Residential Lots or Private Recreational Tracts, through metes and bounds subdivision plats filed for record in the Office of the Recorder expressly declaring or labeling such portions of the Property for development as such uses. For the purposes of this Declaration, the following classifications of Property shall not be deemed Unsubdivided Land and shall be expressly excepted from the definition thereof: (1) All lands committed to the Association through express written notification by the Developer to the Association of intent to convey such lands to the Association in the manner provided herein. (2) All lands designated on the Master Plan for intended use, or by actual use if applicable, for outdoor recreation facilities or nature conservancies. (3) All lands expressly designated in any way as Common Properties Average Lot Size. From and after November 7, 2009, the average size of new Residential Lots created by the Developer within the Development shall not be less than three and one-quarter (3.25) acres, and no Residential Lot shall be less than two (2) acres in size. Notwithstanding anything in this Declaration to the contrary, this Section 1.27 may not be amended, modified, or deleted except by the affirmative vote of (i) the Developer and (ii) a majority of those Owners, excluding the Developer, who are in attendance at an annual meeting or a special meeting duly called for such purpose. [Note: this Section 1.27 was added as a new section pursuant to the Thirteenth Amendment to Declaration of Covenants and Restrictions.] 1.28 TG 4 Owner. TG 4 Owner shall mean and refer to the fee simple owner of Tatum Gulf Lot #4 ( TG 4 ) described as Exhibit D, as shown by the real estate records in the office of the Recorder, whether it be one or more persons, firms, associations, corporations, or other legal entities, but, notwithstanding any applicable theory of a mortgage, shall not mean or refer to the mortgagee or holder of a security deed, its successors or assigns, unless and until such mortgagee or holder of a security deed has acquired title pursuant to foreclosure or a proceeding or deed in lieu of foreclosure, nor shall the term Owner mean or refer to any lessee or tenant of the TG 4 Owner, and shall constitute an Owner for the purposes of all assessments, liabilities and obligations under this Declaration. In the event that there is recorded in the office of the Recorder, a long-term contract of sale covering any Lot or parcel of land within the Property, the Owner of such Lot or parcel of land shall be the purchaser under said contract and not the fee simple title holder. A long-term contract of sale shall be one where the purchaser is required to make payments for the Lot or parcel of land in the Property for a period extending beyond twelve (12) months from the date of the contract, and where the purchaser does not receive title to the property until such payments are made although the purchaser is given the use of said Lot or parcel of land. Any corporation, partnership, limited partnership, firm, or other type of business entity or association, 5

12 which is the fee simple owner of TG 4 must designate no more than two individuals authorized to exercise the right of ownership as to TG 4, which designation shall be in writing and delivered to the Board. Any changes made in the designation must also be in writing and delivered to the Board. [Note: this Section 1.28 was added as a new section pursuant to the Seventeenth Amendment to Declaration of Covenants and Restrictions.] 1.29 Contiguous Lots. Contiguous Lots shall mean any two (2) Lots that touch each other at a common boundary line as shown on a plat or plats of Lookout Highlands recorded with the Register. [Note: this Section 1.29 was added as a new section pursuant to the Seventeenth Amendment to Declaration of Covenants and Restrictions.] ARTICLE II PROPERTIES, COMMON PROPERTIES AND IMPROVEMENTS THEREON 2.01 Property. The real property which is, and shall be held, transferred, sold, conveyed, leased and occupied, subject to these Covenants, is located in Dade County, Georgia and is more particularly described in Exhibit A hereto and additions or amendments thereto. Additionally, any easements on any real property retained by or granted to the Developer or the Association for the purpose of erection and maintenance of entrance signs or street lights, or landscaping and maintenance thereof, shall also be considered Property and subject to these covenants. The Developer intends to develop the Property in accordance with its Master Plan, as subsequently modified from time to time, as a residential community featuring recreational facilities, various amenities and any other lawful activities which the Developer deems appropriate as uses for such Property. The Developer reserves the right to review and modify the Master Plan at its sole option from time to time based upon its continuing research and design program. The Master Plan shall not bind the Developer, its successors and assigns, to adhere to the Master Plan in the development of the land shown thereon except as to the general location and approximate acreage of the Common Properties. The Developer shall not be required to follow any predetermined sequence or order of improvements and development; and it may bring within the plan of these Covenants additional lands, and develop the same before completing the development of the Property. Other than as stated in this paragraph, the Developer shall have full power to add to, subtract from or make changes in the Master Plan Additions to Property. Additional lands may become subject to, but not limited to, this Declaration in the following manner: (a) Additions. The Developer, its successors, and assigns, shall have the right, without further consent of the Association, to bring within the plan and operation of this Declaration: (i) all or any part of that property described in Exhibit B attached hereto and made a part hereof; and (ii) additional properties in future stages of the Development beyond those described in Exhibit A and Exhibit B so long as they are contiguous with then existing portions of the Development. For purposes of this paragraph, contiguity shall not be defeated or denied 6

13 where the only impediment to actual touching is a separation caused by a road, right-of-way or easement, and such shall be deemed contiguous. The additions authorized under this Section shall be made by filing a Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the operation and effect of the covenants and restrictions of this Declaration to such additional property after which it shall fall within the definition of Property as herein set forth. The Supplementary Declaration may contain such complementary additions and/or modifications of the covenants and restrictions contained in this Declaration as may be necessary or convenient, in the sole judgment of the Developer, to reflect the different character, if any, of the added properties and as are not inconsistent with this Declaration, but such modifications shall have no effect on the Property as described in Section 2.01 above. (b) Other Additions. Upon approval in writing of the Association pursuant to seventy-five percent (75%) of the vote of those present in person or by proxy at a duly called meeting, the Owner of any property who desires to add it to the plan of these Covenants and to subject it to the jurisdiction of the Association, may file or record a Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the operation and effect of the covenants and restrictions of the Declaration to such additional property. The Supplementary Declaration may contain such complementary additions and/or modification of the covenants and restrictions contained in this Declaration as may be necessary or convenient, in the sole judgment of the Association, to reflect the different character, if any, of the added properties and as are not inconsistent with the plan of this Declaration, but such modification shall have no effect on the Property described in Section 2.01 above. (c) Separate Associations. For any property subjected to this Declaration pursuant to the provisions of this Section, there may be established by the Developer an additional association limited to the Owners and/or residents of such additional property in order to promote their social welfare, including their health, safety, education, culture, comfort, and convenience, to elect representatives on the Board of the Association, to receive from the Association a portion, as determined by the Board of Directors of the Association, of the annual assessments levied pursuant hereto and use such funds for its general purposes, and to make and enforce rules and regulations of supplementary covenants and restrictions, if any, applicable to such additional lands Mergers. Upon a merger or consolidation of the Association with another association, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, in the alternative, the properties, rights and obligations may, by operation of law, be added to the properties of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration Common Properties and Improvements Thereon. The Developer may install initially one or more entrance signs to the Development. The signs shall become part of the 7

14 Common Properties when the Developer conveys the signs to the Association, at which time the Association shall become responsible for the operation, maintenance, repair and replacement of the signs. The Developer may also landscape the entrance areas (whether privately or publicly owned) and other areas where it may or may not have reserved an easement. These areas shall become Common Properties when conveyed to the Association and the Association shall then become responsible for maintenance of the landscaped areas. Additionally, the Developer may install street lights and/or street signs which likewise will become Common Properties when conveyed to the Association. The Developer and the Association may add additional Common Properties from time to time as they see fit. ARTICLE III COVENANTS, USES AND RESTRICTIONS 3.01 Application. It is expressly stipulated that the Restrictive Covenants and conditions set forth in this Article III apply solely to the Property described in Exhibit A, which Property is intended for use as Single-Family Residential Lots only. These Restrictive Covenants and Conditions are not intended to apply to any other lots, tracts or parcels of land in the area or vicinity, owned by the Developer. Specifically, the Developer, its successors or assigns, reserve the right to use or convey such other lots, tracts and parcels with different restrictions Residential Use. (a) All of the Lots in the Development shall be, and be known and described as, residential lots, and no structure shall be erected, altered, placed or permitted to remain on any Lot other than as provided in these Covenants and Restrictions and in supplements hereto, or except as provided for in a deed of conveyance. Moreover, the deed transferring a parcel to be used for residential purposes may, in the sole discretion of the Developer, contain covenants and restrictions applicable specifically to the Lot being transferred in addition to the Covenants and Restrictions contained herein. (b) Residential, refers to a mode of occupancy, as used in contradistinction to business or commercial or mercantile activity and, except where otherwise expressly provided, residential shall apply to temporary as well as permanent uses, and shall apply to vacant Lots as well as to buildings constructed thereon. (c) No Lot may be used as a means of service to business establishments or adjacent property, including but not limited to supplementary facilities or an intentional passageway or entrance into a business or another tract of land, whether or not a part of the Property, unless specifically consented to by Developer or the Board in writing No Multi-Family Residences. No residence shall be designed, patterned, constructed or maintained to serve, or for the use of more than one single family, and no residence shall be used as a multiple family dwelling at any time. 8

15 3.04 No Business Use. (a) No residence or other structure shall be designed, patterned, constructed or maintained upon any Lot for use in whole or in part for any business service or activity, or for any commercial purpose; nor shall any Lot be used for business purposes, or for trucks or other equipment inconsistent with ordinary residential uses. No panel, commercial or tractor trucks shall be habitually parked in driveways or overnight on streets in front of any of the Lots. (b) Neither the foregoing nor any other section of this Declaration shall prevent the Developer or any builder from constructing a house for use as a model home that may contain office-type furniture and be used for conducting the business of either selling that house or other houses within the Development, nor shall the foregoing or any other section of this Declaration prevent the Developer from designating a Lot or Lots from time to time for the temporary placement of a trailer or other suitable structure for use as an office and/or sales center by the Developer and/or builders at the sole discretion of the Developer. (c) Nothing contained herein shall prohibit the Association from permitting or operating concessions or vending machines on the Common Properties Minimum Square Footage. No single-family detached dwelling house shall be erected or permitted to remain in the Property unless it has the number of square feet of enclosed living area, exclusive of open porches or screened porches, carports, garages or basements, set forth in this Section. For the purposes of this Section, stated square footage shall mean the minimum floor area required, and floor area shall mean the finished and heated living area contained within the residence, exclusive of open porches, garages, and steps. In the case of any question as to whether a sufficient number of square feet of enclosed living area have been provided, the decision of the Architectural Review Committee shall be final. The minimum number of square feet required is 1,100 square feet. [Note: this Section 3.05 was revised pursuant to the Twelfth Amendment to Declaration of Covenants and Restrictions.] 3.06 Set-backs. (a) No building shall be erected on any Lot nearer than (1) the minimum building setback line as shown on the development plat, a copy of which is available from the Developer; (2) one hundred feet from the front road line of the Lot; (3) seventy-five feet from any side road line; (4) twenty-five feet from any side or rear property line abutting another Lot; or (5) seventy-five feet from the shoreline of any lake or Common Properties where there are easements for hiking trails. For the purposes of this covenant, open porches shall be considered as part of the building. Steps, walkways and driveways shall not be considered as a part of the building, providing, however, this shall not be construed to permit any portion of the building on the Lot to encroach upon another Lot. No provision of this paragraph shall be construed to permit any structure to be constructed and erected upon any Lot that does not conform to the zoning laws and regulations applicable thereto. [Note: this Section 3.06(a) was revised pursuant to the Twelfth Amendment to Declaration of Covenants and Restrictions.] 9

16 (b) For good cause shown, an Owner may petition the Developer or the Architectural Review Committee for a variance from any of the above set-back requirements. If the Developer or the Architectural Review Committee grants such petition, the Developer or the Association will not oppose such Owner s attempt to obtain a variance from applicable zoning laws and regulations, if required Rearrangement of Lot Lines (a) Not more than one dwelling house shall be erected or maintained on any one Lot. Contiguous Lots may be combined if the Lots have the same Owner, for the purpose of erecting an approved dwelling house thereon; however, the assessments provided for herein will continue to be based upon the number of original Lots purchased; provided, further, however, that two Contiguous Lots may be combined into a single Lot and the resulting single Lot be assessed under Section 6.03 for only a full annual assessment (as defined in Subsection 6.03(a)) if (i) the two Contiguous Lots have the same Owner; (ii) each Lot is approximately one (1) acre in size; (iii) one of the original Lots is subject to a restriction prohibiting construction on the Lot; (iv) at the Owners expense, a plat showing the boundaries of the resulting Lot shall be prepared and filed in the Recorder s Office; and (v) there are no assessments due on the original Contiguous Lots at the time of the combination. Lots may not be resubdivided so as to create a smaller area than originally deeded to a Lot Owner and as shown on the development plat except that Lots and Unsubdivided Land containing eight or more acres may be resubdivided under the following conditions: (1) At the Owner s expense, a plat showing the boundaries of the resultant Lots shall be prepared and filed in the Recorder s Office; (2) Each resultant Lot must contain a minimum of three acres of land, exclusive of any road right-of-way, road easement, lake or Common Area existing upon the original Lot or Unsubdivided Land at the time of the resubdivision; (3) Each resultant Lot must have frontage upon and access to either an existing, improved road shown on the Master Plan or on an existing, improved road built at the expense of the Owner of the Original Lot or Unsubdivided Land and maintained by the Lot Owner(s) using such road; (4) No original Lot or Unsubdivided Land may be resubdivided by any party into more than four resultant Lots; (5) No resubdivision may take place by any party without the written approval of the Board; (6) Resultant Lots shall, upon the filing of the plat showing the boundaries thereof, be separately assessed for purposes of annual and special assessments pursuant to Section 6.03 hereof. Owner of two or more contiguous Lots which front approved private pond(s) (and not a lake or pond that is Common Property) may make adjustments to the common lot line(s) of such Lots under the following conditions: (1) Following the adjustment, each Lot contains a minimum of three acres of land, exclusive of any road right-of-way, road easement, lake or Common Area existing upon the original Lot; (2) No adjustment may be made without the written approval of the Board; and (3) At the Owner s expense, a plat showing the boundaries of the Lots after the adjustment shall be prepared and filed in the Recorder s Office; and provided, further, that any such Lot which before lot line adjustment was of insufficient acreage to permit subdivision under this paragraph cannot be subdivided after the lot line adjustment. 10

17 (b) Notwithstanding anything to the contrary in Subsection 3.07(a) above, two (2) or more Contiguous Lots may be combined into a single Lot and the resultant Lot shall be subject to assessment and lien under Article VI as one (1) Lot if all of the following conditions are met: (i) (ii) (iii) (iv) (v) (vi) (vii) the Contiguous Lots have the same Owner; the Owner held record title to one or more of the Contiguous Lots as of October 25, 2014; there are no assessments due on any of the Contiguous Lots at the time of the combination; at the Owners expense, a plat showing the boundaries of the resultant Lot and containing the statement on Exhibit E shall be prepared and filed in the Recorder s Office no later than December 1, 2015; the plat shall reflect that the resultant Lot shall be renamed as P-XNS with X representing the lowest number of the original Lots that are being combined and P representing the phase or area of Lookout Highlands (e.g. H for Highland Woods); at the Owner s sole cost and expense, a Declaration of Restrictive Covenant by the Owner upon the resultant Lot, containing the statement on Exhibit E shall be prepared and filed in the Recorder s Office no later than December 1, 2015; any future transfers of sales of the resultant Lot shall be subject to the Declaration of Restrictive Covenant; and (viii) copies of the recorded plat and Declaration of Restrictive Covenant shall be provided to the Secretary of the Association by December 15, 2015; (ix) (x) the resultant Lot shall not be subdivided at any time; and after December 1, 2015, no Contiguous Lots may be combined pursuant to this Subsection. Only one (1) dwelling house shall be erected or maintained on the resultant Lot. (c) Notwithstanding anything to the contrary in Subsections 3.07(a) and (b) above, Tatum Gulf Lot 2 may not be subdivided into more than two (2) Lots and Tatum Gulf Lot 3 may not be subdivided into more than three (3) Lots. 11

18 (d) The following Contiguous Lots have been combined by a subdivision plat(s) as described and shown on the Plats recorded in Plat Book A, Pages 152G, 153A, and 153E, in the Recorder s Office: Original Lots Original Plat Recording Reference Resulting Lot Highland Woods 54, 55 and 56 Book 0000A Page 110A H-54NS Highland Woods 78, 79, and 80 Book 0000A Page 146A H-78NS Highland Woods 81, 82, and 83 Book 0000A Page 146A H-81NS Highland Woods 84, 85, and 86 Book 0000A Page 146A H-84NS Highland Woods 91, 92, 93 and Book 0000A Page 146A H-91NS 105 Highland Woods 97 and 98 Book 0000A Page 127D H-97NS Each of the above resultant Lots shall be subject to assessment and lien under Article VI as one (1) Lot. Notwithstanding any other provision of this Declaration, any resultant Lot created pursuant to this Subsection 3.07(d) may not be thereafter subdivided. The statement on Exhibit E shall be included in the deed transferring title to the resultant Lot from the Developer to the Owner, and the statement shall be included in all future deeds for the resultant Lot. [Note: this Section 3.07 was revised pursuant to the Eleventh Amendment to Declaration of Covenants and Restrictions, further revised pursuant to the Twelfth Amendment to Declaration of Covenants and Restrictions, further revised pursuant to the Seventeenth Amendment to Declaration of Covenants and Restrictions, and further revised pursuant to the Eighteenth Amendment to Declaration of Covenants and Restrictions.] 3.08 Temporary Structures. A Lot Owner shall only on a temporary, weekend or seasonal basis be permitted to use the following structures and vehicles for living or sleeping quarters: a tent, a camper, a recreational vehicle and a motor home type recreational vehicle, all of which shall be subject to certain restrictions herein and rules and regulations adopted, modified, added or deleted by the Board when deemed necessary. All recreational structures and vehicles are required to be designed and placed upon a Lot in order to be removed promptly and not be permanently attached to footings or foundations. In no event, shall a mobile home, shed, shack, metal building or house-type trailer be placed or permitted to remain on any Lot. All plans and specifications of all such structures must be submitted to and approved by the Architectural Review Committee prior to commencement of construction. In the event that an approved temporary structure is used for construction purposes, it must be removed upon completion of the project. [Note: this Section 3.08 was revised pursuant to the Twelfth Amendment to Declaration of Covenants and Restrictions.] 3.09 Completion of Construction. Any residence being erected on a Lot shall be completed within twelve (12) months from the date of the pouring of the footings for said residence. Any request for extension to the 12-month period of construction must be submitted to the Architectural and Review Committee with documentation supporting the request. In the construction of a residence upon a Lot, the builder shall keep all debris cleared from the street or streets bounding the Lot; and, before any residence is occupied, all debris must be removed from the entire Lot. Without the prior written approval of the Architectural Review Committee, no 12

19 construction of any building, out building, or other improvements on the premises shall be commenced prior to construction of the dwelling house. No debris, old lumber or unsightly objects shall be moved onto any Lot in the Development at any time, including the period of construction of the residence thereon. The exterior of every dwelling shall be completed before occupancy. [Note: this Section 3.09 was revised pursuant to the Twelfth Amendment to Declaration of Covenants and Restrictions.] 3.10 Utility Easement. A perpetual easement is reserved on each Lot, as shown on the recorded plat, for the construction and maintenance of utilities such as electricity, gas, water, sewerage, drainage, etc., and no structure of any kind shall be erected or maintained upon or over said easement Frontal Appearance. All dwelling houses on Lots without lake frontage shall have conventional and acceptable frontal appearance from the main street fronting said Lots. All dwelling houses on Lots with lake frontage shall have conventional and acceptable frontal appearance from the lake fronting said Lots Building Requirements. No brick, vinyl siding or split face block shall be permitted on the exterior of any residential buildings or structures of a permanent nature constructed on any Lot. All residential buildings or structures of a permanent nature constructed on any Lot shall have full masonry foundations, and no exposed block, split face block, or concrete foundations shall be exposed to the exterior above grade level. All exposed concrete block or poured concrete foundations and retaining walls must be covered with stone, brick or siding to complement the house. Stucco covering foundations block will be permitted only if it is below grade and not in view of adjacent Owners and/or persons using the Common Properties (for example, underneath decks). All sheet metal work (roof caps, flashings, vents, chimney caps) must be painted to match the roof. Gutters and downspouts must be painted in approved colors. All roof stacks and plumbing vents must be placed on rear slopes of roofs; provided, however, that for good cause shown, the Architectural Review Committee may make exceptions as to the placement of such roof stacks and plumbing vents. [Note: this Section 3.12 was revised pursuant to the Twelfth Amendment to Declaration of Covenants and Restrictions.] 3.13 Fences. No fences will be allowed on a Lot without the prior written consent of the Architectural Review Committee. All proposed fences must be submitted to the Architectural Review Committee showing materials, design, height and location. No chain link fences, no barb wire and no razor wire fences will be permitted. No perimeter fences will be permitted. Dog kennels must be of a design that is compatible with the house structure. No exposed concrete will be allowed in fences and dog kennels unless it is stained or painted dark to minimize the visual effect. If a kennel is in view of neighbors or Common Properties, it must be landscaped to avoid unsightliness. In ALL cases approval by the Architectural Review Committee is required for fences, dog kennels and similar structures. [Note: this Section 3.13 was revised pursuant to the Twelfth Amendment to Declaration of Covenants and Restrictions.] 3.14 Damage to Streets and Curbs. Any damage done to streets, curbs, gates, fences, or other Common Properties by the Owner of any Lot, or by a contractor, subcontractor, laborer or material supplier employed to construct a dwelling or other improvement on a Lot, will be repaired immediately at the expense of the Owner. 13

20 3.15 Signs. No signs shall be erected or maintained on any Lot, without the prior written consent of the Board. [Note: this Section 3.15 was revised pursuant to the Eighteenth Amendment to Declaration of Covenants and Restrictions.] 3.16 Service Area and Alternative Energy Systems. (a) Service Area. Each home shall provide an area or areas on the rear or side yard of the Lot to accommodate air conditioner compressors, garbage cans, an electrical service entrance, propane or gas tanks, or other ancillary residential functions that by nature may present an unsightly appearance. Service areas shall be convenient to the utility services and screened from view by an enclosure that is an integral part of the site development plan, using materials and colors that are harmonious with the home it serves. No window air conditioning units shall be allowed. (b) Alternative Energy Systems. Solar and wind power systems shall be reviewed and approved by the Architectural Review Committee on a case-by-case basis, taking into consideration visual, auditory and other potential impacts of such systems. Only minimum clearing will be allowed for the functionality of solar panels or wind turbines. [Note: this Section 3.16 was revised pursuant to the Twelfth Amendment to Declaration of Covenants and Restrictions.] of the home Garages. Garages shall be designed to be compatible with the architecture 3.18 Landscaping. A landscape plan shall accompany every new home application to the Developer or the Architectural Review Committee Motorized Recreation Vehicles; Animals. (a) The use of motorized recreation vehicles, including, but not limited to, four-wheelers, motorbikes, motorcycles, and go carts, are permitted in the Development only for transportation purposes and/or work-related endeavors of Owners. Occasional pleasure rides by Owners will be permitted if such activities do not involve careless or reckless driving or speeding; do not damage any areas or roads in the Development; and do not create any loud or unpleasant noise. Operators of vehicles must be licensed drivers or be accompanied by an adult. If the Board determines that an activity has violated any of the preceding provisions, the Owner shall forfeit the right to use said vehicles in the Development for a time period to be determined by the Board. If the Owner fails or refuses to abide by any part of this provision it will be deemed an offensive activity under Section 3.22 and a covenant violation subject to the enforcement provisions under Violations and Enforcement, Section (b) No poultry, livestock or other animal shall be allowed or maintained on any Lot at any time except that the keeping of dogs, cats or other household pets is permitted in reasonable numbers solely as pets for pleasure, provided that nothing herein shall permit the keeping of dogs, cats or other animals for commercial purposes. The pet owner is at all times responsible for ensuring that their pet is in no way a threat or nuisance to other homeowners, their guests, or other pets. In the event that a pet bites, charges, or chases homeowners, their guests, or other pets, it will be deemed an offensive activity, and a covenant violation and, as such, the 14