RESTRICTIVE COVENANTS FOR NEW SALEM CIVIL DISTRICT OF RUTHERFORD COUNTY, TENNESSE [Intro to C. C. & R. s: plot plan/ registered deed/ attorney] ARTICLE I DESIGN AND CONSTRUCTION OF THE RESIDENCE 1. LOT USAGE: No lot may be used for any purpose except the construction and maintenance of a residential building, and no such residential structure on any such lot shall be designed, constructed or used for more than one family. 2. RESUBDIVIDING: No lot shall be resubdivided, but shall remain as shown on the recorded plat and not more than one residence building may be constructed or maintained on any one lot. A slight variance in property lines may be made by adjacent owners, but not for the purpose of subdividing into more lots. 3. PLACEMENT OF RESIDENCE: No residence shall be constructed on any lot closer than twelve and one-half (12-1/2) feet to either side of the lot line. The Architectural Review Committee shall approve the placement on the lot. This placement shall include the setback of the residence, the side of the house for the garage to be affixed, and the facing of the garage opening. 4. EASEMENTS: All easements incorporated in owners lot shall be maintained in an orderly fashion by the homeowner at the homeowner s expense. A.) A perpetual easement is reserved on each lot five (5) feet in width contiguous and parallel to each side of lot line and twenty (20) feet contiguous and parallel to each rear lot line for the construction and maintenance of surface water drainage and utilities. No structure of any kind shall be erected or maintained upon or over said easement. B.) A ten (10) foot landscape and/or fencing easement is expressly reserved contiguous to and parallel with Windrow Road for fencing and screenings of lots. No structure of any kind shall be erected or maintained upon or over said easement without the consent of the Architectural Review Committee and Board. C.) All easements granted herein, or by deed, or identified in the recorded plat of New Salem, may be used to service additional subdivision sections contiguous to New Salem. 5. SQUARE FOOTAGE: The restrictions regarding the square footage are as follows. A.) The minimum square footage of living area in a one (1) story residence shall be 1350 square feet; provided however, there must be an attached garage under roof with a minimum square footage of 400 square feet, and the combined square footage of living area and garage shall not be less than 1750 square feet. B.) The minimum square footage of living area in a one and a half (1-1/2) story residence shall be 1500 square feet; provided however, there must be an attached garage under roof with a minimum square footage of 400 square feet, and the combined square footage of living area and garage shall not be less than 1900 square feet; and further provided, the minimum ground floor living area shall contain 1100 square feet of living area, excluding garage, and the second floor shall contain a minimum of 400 square feet. C.) The minimum square footage of living area in a two (2) story residence shall be 1800 square feet; provided however, there must be an attached garage under roof with a minimum square footage of 400 square feet, and the combined square footage of living area and garage shall not be less than 2200 square feet; and further provided, the minimum
ground floor living area shall contain 900 square feet of living area, excluding garage, and the second floor shall contain a minimum of 900 square feet. 6. ATTACHED GARAGE ENTERANCE: All garages shall enter from the side or rear of the residence. The Architectural Committee has the authority to waive this requirement where the shape of the lot and the design of the residence necessitates a variance. 7. FENCES: No fences of any nature shall be allowed on the lake lots, lots numbered 37 through 49, inclusive without the express written approval of the Architectural Review Committee. On all other lots, except corner lots, no fence shall be permitted between the front of the residence or setback line and the street. On all corner lots, no fence shall be permitted between either residence or setback line and the street. All fences must be approved by the Architectural Review Committee. Chain link fences are generally not allowed but may be approved by the Architectural Review Committee in its sole discretion. 8. DRIVEWAY AND HEADWALLS: All driveways from the street to each lot shall conform to the following standards. The driveway including any turn around area shall be constructed of either concrete or asphalt only. The drain pipe at the entrance to each driveway shall have a reinforced concrete headwall affixed to each end of pipe. Said headwall must be six (6) inches thick and must extend three (3) to six (6) inches above the finished driveway surface. The design of said headwall shall be approved by the Architectural Review Committee. A temporary gravel driveway with drainpipe must be constructed from the street to the side of the proposed residence before or at the time of construction of said residence is commenced. 9. FOUNDATIONS: All residences constructed on any lot shall have a full masonry foundation with brick facing. No concrete slab foundation shall be permitted without the approval of the Architectural Review Committee. 10. CHIMNEYS: All chimneys must have brick exterior unless otherwise approved by the Architectural Review Committee. 11. FRONT FOOTAGE: All front elevations must have a minimum frontage of fifty-five (55) feet unless otherwise approved by the Architectural Review Committee. 12. ROOF PITCH: The minimum standard roof pitch of all residence should not be less than eight (8) feet rise per twenty-four (24) feet span, but all roof pitches must be approved by the Architectural Review Committee. 13. MAILBOXES: All mailboxes are to be of a design compatible with the over-all architectural theme of the subdivision and will be limited to simple, black mailboxes. Similarly, paper tubes shall be simple, black uniform tubes to be erected upon a black pole. See Exhibit A for mailbox dimension and specifications. Furthermore, mailboxes shall be maintained at the homeowners expense. 14. ROOF VENTS: All vents piercing the roof of a residence shall pierce said roof to the rear of the residence and not be visible from the street. All roof vents shall be painted a color compatible with the roof. 15. CONSTRUCTION: Once construction has commenced, it shall proceed diligently. Owner is responsible for maintaining a neat and orderly construction site. In addition, all lot owners are responsible for repairing damages to streets, drainage ditches or property of others caused by the lot owner and/or his contractor or contractor s employees during the construction period. 16. EXTERIOR MATERIALS, COLORS AND FINISHES: All exterior material, colors, and finishes must be approved by the Architectural Review Committee.
ARTICLE II POND LOTS 1. RESPONSIBILTY AND MAINTENANCE: The pond, which together with the common areas and retainage basin, are deeded to the New Salem Homeowners Association. These areas, including the access area to said pond and the retainage area, shall be maintained by the Architectural Review Committee and the Homeowner s Association Corporation. 2. ACCESS: It is specifically understood that all access into the pond area shall be through the common areas. 3. RESTRICTIONS: No homeowner, on their property, may erect any structure, pier, dock or other floating object on said pond. Boats, floats, or marine vehicles of any nature are not permitted in the pond. Swimming and waddling is also not permitted on said pond. ARTICLE III NEW SALEM RESTRICTIVE COVENANTS 1. No noxious or offensive operations shall be conducted or maintained on any lot and nothing can be constructed, reconstructed, or kept on any lot which may constitute an annoyance or nuisance to the neighborhood. 2. No animals, poultry, or livestock of any kind or description shall be allowed on any lot. Dogs, domestic cats, or other household domestic pets may be kept provided that they are not kept for commercial purposes. All pets located in New Salem shall, at all times, be kept under control by their owner(s) and shall not constitute a nuisance to their neighbors. 3. No trailer homes, basement house, tent, garage, barn, or other outbuilding shall be erected or used as either a temporary or permanent residence. 4. All boats, vehicular trailers, and recreational vehicles must be parked to the rear of the main residence when lot permits. 5. All unlicensed or unsightly vehicles must be garaged if kept on the property for more than one week. 6. All automobile maintenance and/or repairs must be confined to the garage or the rear of the residence if lasting more than seven (7) days. 7. No buses, semi-trailers/trucks, large commercial vehicles, heavy equipment or farm equipment shall be parked or garaged in the subdivisions, except for those vehicles going about their day-to-day business within the subdivision. 8. No sign of any kind shall be displayed on any lot except one non-illuminated sign of not more than 28 X 28 advertising the property for sale or rent. Other signs may be permitted from time to time on a temporary basis by express written consent of the Architectural Review Committee. 9. No business or commercial venture shall be allowed to be conducted in any residence. 10. All vehicles belonging to residents must be garaged or parked in the driveway. Parking on the street will be temporarily permitted for an overflow of guest parking. 11. Incinerators for garbage, trash, or other refuse shall not be permitted to be erected or placed on any lot. When garbage cans are placed in front of the residence for pick-up, all cans must be tightly covered with a lid, and all trash must be bagged. No garbage cans or trashed placed for pickups are to be left on the street for more than one (1) work day. 12. All yard area and landscape must be maintained in a neat and orderly fashion by the homeowner at the homeowners expense. All shrubs, trees, grass, and planting of every kind shall be kept well maintained and free of trash and other unsightly material. No overgrown landscaping will be permitted.
13. Fences, other than those belonging to the Homeowner s Association, shall be maintained by the homeowner. No broken, molded, or rotting fence shall be permitted. 14. Any swimming pool, wading pool, or hot tub constructed on the premises must be approved by the Architectural Review Committee. 15. Placement of A.C. window unit shall be approved by the Architectural Review Committee. No window unit shall be placed on front of residence or in sight from the street. 16. No lot owner may construct or place any principle dwelling, outbuilding, or other structure without the majority approval by the Architectural Review Committee. This includes detached garages and carports with restrictions, not limited to the following. A.) Restrictions to Living Space / Quarters. B.) No Lot Owner shall receive rent for additional Living quarters. C.) No exterior stairs permitted for access to multi-story home. D.) Exterior shall match residence by using like materials of the highest quality and design. E.) In the case of a garage; the owner shall be required to install and maintain an operational garage door opener. ARTICLE IV ARCHITECTUAL REVIEW COMMITTEE 1. It is the intent of these restrictions that this Architectural Review Committee shall insure a uniform, aesthetically pleasing subdivision without the utilization of garish colors or architectural designs. The Architectural Review Committee is empowered to waive provisions of these restrictions for good cause shown. It is especially understood that the Architectural Review Committee is one and the same with the Homeowner s Association Corporation, the Board and its officers. Furthermore, the Board, officers and committee shall assume equal and all responsibilities contained herein. 2. The operation, care, beautification, upkeep and maintenance of the dedicated stone entrance, the plank fence aligning Windrow Road, common areas, pond areas, and the retainage areas of the subdivision shall be the responsibility of the Homeowner s Association Corporation. The Homeowner s Association Board is hereby specifically authorized to charge and collect a maintenance fee from all the lot owners in order to pay the expense of said operation, care, beautification, upkeep and maintenance. See New Salem By-Laws for assessment information. 3. The members of the Architectural Review Committee or Homeowner s Association Board, shall not be liable to Lot Owners for any mistake of judgment, negligence, or otherwise, except for their individual and willful misconduct or bad faith. 4. The Architectural Review Committee reserves the right to enter upon any lot for the purpose of cutting grass, trimming trees/shrubs or generally cleaning up such lot if the same reasonably requires, charging the expense thereof to the owner thereof, which shall become a lien on the lot. Furthermore, any Lot Owner shall permit the managing agent or the person authorized by the Board of Directors the right to access to the owner s residence and lot, during reasonable hours, when necessary for the maintenance, repair, or replacement of the common elements. In addition, access shall be permitted by the Owner to allow the managing agent or the person authorized by the Board of Directors when making emergency repairs to prevent damage to any of the common areas. 5. The Architectural Review Committee shall have the jurisdiction and authority to determine the existence of noxious or offensive operations, an annoyance or nuisance but only after an opportunity for a hearing before the Architectural Review Committee and The Board is given to the person(s) charged with conducting the act. 6. Refusal to abide by any decision of the Architectural Review Committee shall be deemed a breach of these covenants and shall authorize any Lot Owner and Architectural
Review Committee, in a court of competent jurisdiction, to obtain such protective orders and damages as are appropriate under the circumstances then and there existing. 7. Any construction, reconstruction, or modification to the residence and/or structures shall be approved by the Architectural Review Committee prior to any movement. Additionally, any plans shall adhere to Rutherford County s requirements and restrictions. The Lot owner is responsible to obtain permit when deemed necessary. NO CONSTRUCTION OR MODIFICATION SHALL BEGIN WITHOUT A WRITTEN APPROVAL CONFIRMATION LETTER FROM THE ARCHITECTURAL REVIEW COMMITTEE. If your request is denied and construction has begun without approval, it will be at the expense of and the responsibility of the homeowner to remove the structure and/or return the property back to its original state. The request form can be found on the HOA website or upon request. Owner shall include all applicable information, including but not limited to, the scope of the project, elevation/exterior design, colors, building materials, and location when requesting approval. Once the request form has been properly submitted, the Architectural Committee Board shall have thirty (30) days to review and inform of further action. All approvals require the affirmative vote of the majority of the Architectural Review Committee. Failure of the Architectural Review Committee to act on any written request within thirty (30) days of receipt shall be deemed approved. ARTICLE V PROVISIONS 1. RULES AND REGULATIONS: No owner, occupant, or resident of New Salem shall, in any way, violate the rules and regulations set forth in this binding document. Every owner must promptly perform the repaired maintenance required herein. 2. AMEND: The Board of Directors and/or the managing agent reserves the power to establish, make and enforce compliance with such additional rules and regulations which may be necessary for the operation, use, and occupancy of New Salem. 3. TERMS OF RESTRICTIONS: The above covenants running with the land shall expire thirty (30) years from the date of recording of this instrument; but shall be deemed automatically renewed for an additional fifteen (15) years unless over fifty (50%) percent of the Lot Owners in New Salem agree, in writing, that the automatic renewal shall not occur. If any of the provisions of this instrument are at any time declared void or inoperative by any Court of competent jurisdiction, the remaining provisions shall continue in force and effect and shall not be otherwise effected. 4. PROCEDURE FOR AMENDMENTS: These restrictions may be amended at any time by majority vote of the lot owners of New Salem brought hereunder. A majority vote shall be required in the event that the recommended change has been approved through the Architectural Review Committee. In the event the proposed change is not approved by the Architectural Review Committee, the amendments hereto shall require a vote of seventy-five (75%) percent of all Lot Owners of New Salem. 5. ENFORCMENT: In the event The New Salem Home Owner s Association or the Architectural Review Committee finds it necessary to enforce any covenant or condition contained herein, or any amendments hereto, any cost incurred to correct or enforce said violation shall become a lien upon the Lot and the premises of the Homeowner causing or permitting such violation.
ARTICLE VI AMENDMENTS AMENDMENT I: A house has been built on Lot No. 81 of New Salem and the house encroaches over the minimum building setback line on the southeast side of approximately eleven (11) feet. It has been recognized that the encroachment was inadvertent and that it would be inequitable to require removal of the improvements. The majority of Lot owners in said section and the Architectural Review Committee granted a variance for Lot No. 81 so as to permit the building on said lot without violation of the express restrictive covenants and the setback line on said plat. On June 30 th, 1993, the majority of Lot Owners in said section and the Architectural Review Committee waived the applications and implications of restrictions on the plat of record in Plat Book 14, page 106 in the Register s Office of Rutherford County, Tennessee. AMENDMENT II: The minimum square foot requirements contained herein shall not apply to the existing residence located on Lot number 35 (thirty-five). This was an existing structure when the land was purchased for development. AMENDMENT III: A house has been built on Lot No. 83 of New Salem subdivision and the rear corner of the house encroaches over the side building setback line at the Northeast corner of the house by approximately 7.2 feet. A majority of the New Salem Homeowners Association were desirous of granting a variance for Lot No. 83 so as to permit the building on said lot without violation of the express restrictive covenant and the side lot setback line. This amendment was granted on June 14, 1995.