PLANNING DIRECTOR RECOMMENDATON: Master Plan Amendment  Approval of Concept Plan with the following conditions and revisions: 1. The development shall be in substantial conformance with the submitted application site plan, exhibits, and narrative with such conformance to be determined by the Planning Director. Exceptions shall be granted for any approved variances and any changes necessary to comply with the conditions set forth by Town Council, and for or any requirements set forth from the Town of Braselton regulations related to the S.R.211 Overlay District, stream buffer protection, flood plain restrictions, stormwater management, streets, and utilities. Any changes deemed necessary by any other applicable governmental reviewing agency with  jurisdiction shall be permitted. The approved residential use is detached single-family.  Thef final plans shall be reviewed and approved by the Barrow County Fire Marshall office. All applicable codes enforced by the Barrow County Fire Marshall shall apply. Allo commercial uses are subject to the list of permitted, conditional, and prohibited uses as specified int the SR 211 Overlay District and General Commercial zoning district. The property is subject to the S.R. 211 Overlay District. All residential and non-residential development shall be designed and constructed in conformance with the S.R.211 Overlay District. Deviations and appeals from the requirements ofthes S.R. 211 Overlay District shall only bei ina accordance with Section 13.4 (D) ofthe S.R. 211 Overlay District. Architectural renderings and site plans for commercial buildings and outparcels (with no site plan currently shown) shall be approvedb by the Mayor and Council. Itis encouraged that the architectural style closely resembles the existing architectural style for existing commercial buildings in the Chateau Elan Resort and commercial area. There shall be a 25' opaque buffer separating the proposed residential lots and the future right-of-way of the Braselton Parkway Extension. The buffer shall bes separate from There shall be a minimum 50 opaque buffer separating the detached single-family lots to the commercial portion oft the development. The buffer shall noti include any portion ofa There shall be walking trails incorporated into the project that provide pedestrian connections tot thel Mulberry River. 10. The average: residential lot size shall be 8,000s square feet. 11. The minimum lot width shall be 50.  any private lot.  residential lot.        AI minimum of 16% oft the residential dwellings shall have a side or rear entry garage. There shall be no greater than 3:1 slope ini rights of way. There shall be no greater than 3:1 slope on any portion ofar residential lot or common area, within an easement, where lawn orl landscape maintenance will be required. 13. The minimum residential building setbacks from property lines for detached single- family shall be 20'front, 5 side, and 20 rear. Corner lots shall have building setback of 20 along all street frontages, provided all driveways shall be at least 20 foot in length measured from the property line (outside ofR/W as opposed tol back ofc curb) 14. The minimum residential heated floor area shall be 1,600s.f.  15. The primary exterior materials for the residential dwelling units shall be mix of brick, stone, or cement-based siding with architectural accents. A plan book depicting exterior facades to be approved as part oft this MCP Zoning Amendment. 16. All internal streets shall at a minimum meet Town of Braselton Development Code standards for local streets. Alll local street rights of way shall be designedi in accordance with the S.R.211 Overlay District Design Standards for local streets. This includes all right-of-way and streetscape improvements. Private streets shall not bei required to adhere to the S.R. 211 Overlay District Design Standards for local streets. Deviations and appeals from the requirements oft the S.R.211 Overlay District shall only bei ina accordance with Section 13.4(D) of the S.R.211 Overlay 17. Final lot configuration ati intersections willl be determined based on the requirement tol keep driveways of corner lots a minimum of 50' from centerline of connecting streets. 18. Any design or development criteria nots specified in the written report or specified asa condition of zoning shall revert tot the nearest comparable residential district and the 19. Ont the principal entrance street originating at the Pinot Noir/SR 211 intersection, there shall bea a landscape median through the section traversing the commercial portion ofthe 20. There shall bei no1 more than 200 residential lots platted until a street connection tol both SR 211(as shown on the submitted site plan) and Braselton Parkway Extension (as labeled on 21. All private lots shall be located outside oft the required undisturbed buffer for the Mulberry  District.  requirements required for that district.  development.  thes submitted site plan) is constructed.  River.        22. Arevised and final site plant that meets the requirements and conditions of this PUD amendment approval and all other applicable local and state regulations shall bes submitted to thel Mayor and Council for approval prior to thei issuance ofa any development permit.        COMERGIALE  SITE  BRASEL VILLAG  HALVORSEN DEVELOPMENT CORPORATION  REVISION  11.13.19 MCP-1  MASTER CONCEPT PLAN MASTERCONGETPLAN        ITT  10F                        RANCH -  MASTER ON  MAIN PLANS  America's Builder VSE    The Arlington  SCREENED BORCH  2CARGARAG 20-1"x20-0"  SCREENED, PORCE LIVING DINING  COVERED, PORCH 15-8"x22-0 OptScreenedPorch LIMING  DINING CoveredPorch  CONDITIONED STORAGE/ OFT  COVERED  LIVING OWNER'SSUITE 15-0'x14-6"  18-0'x1143"  WIC O.BATH 00 FLEX 10-0'x10-0" D  2CARGARAGE 20-1"x20-10" -PORCH 5-4'x4-0"  BEDROOM3  MTT KTCHEN  FOYER BEDROOM2 12-5'x11-8"  Home and communityi information, including pricing, includedf features, terms, availability anda amenities, ares subjectto priors sale at anyt time withoutr notice or obligation. Pictures, photographs, colors ands sizes are approximate for purposes only andv will varyf fromt the homes as buit. Seea Sales Representative for more    The Bristol  WIC  SCREENED MARCKe  COVERED SBARCHO  OxtEaemdedSerendPer.n SCREENED PORCH  xtendedCovered Porch  2CARGARAGE  OptBedroom3  SlisatOpt2ndFioor  Opts ScreenedF Porch  CONDITIONED TORAGE/LOFT  COVERED PORCH 10-0"  OWNER'SSUITE 13-1x15-4"  Storage/Loft  LIVING  BEDROOM4 13-9'x11-0"  FLEX  GAME  FOYER  2CARGARAGE 20-1"x20-10" BEDROOM2 PORCH 5-4'x6-0" zzzzzz  OptBed4/Bath38 Game Room  Home and community information, includingp pricing, includedf features, terms, availability anda amenities, are subjectt to change and priors sale atanyti timev withoutr notice or obligation. Pictures, photographs, features, colors ands sizes are approximate fori illustration purposes only andv willv vary from thel homes as built. Seea Sales Representative for morei information.    The Cali  DINING 1-0"x16-4"  LIVING 15-1"x18-5"  HALL  Opt Owner'sE Bath  OptSteps @GarageE Entry  WIC   KITCHEN 18'-1"x11-3" OptLargeLivingA Area COVPORCH 10-0"x8-0" DINING LIVING  COVPORCH  OWNERSSUITE 12-0"x15-0"  LIVING 15-1"x16-4"  DINING 11-0"x10-5"  O.BATH WIC  MT KITCHEN LDRY 18-0"x11-3"  Opto CoveredF Porch AtLargel Living Area SCREENPORC 10-0"x8 DINING" LIMING Opts ScreenedF Porch AtLargeLiving/ Area  DEN/ BEDROOM4 11-0"x11-8"  BEDROOM3 10-4"x11-0" HALL oB BATH2 BEDROOM2 10-4"x11-0"  2CARGARAGE 20-1"x20-0" FOYER  LIVNG SCREEN PORCH 10-11"x VDINING Opts ScreenedF Porch  PORCH- 5-0"x3-8"  *Squaref footd dimensions are approximate. Homea andcommunityi information,i includingpricing, includedfeatures, terms, availability anda amenities, ares subject tochangea andpriors sale atanyti timewilhoutnoticeoro obligation. Pictures, photographs, features, colors andsi sizes area approximatefori illustrationg purposes only andwill varyf fromt theh homes asbuill. Pleases seeanE Express Homes Sales Represenlativeforn morein Express Homes Copyright02019.    The Clifton  SCREENEDPORCH GREAT Syl ScreenedPorch COVEREDPORCH GREAT Slide  * GREAT  lo  COVEREDPORCH WICL  BEDROOM4  OWNERSSUITE  GREAT x26-0"  BATH  FLEX.    BATH ROOM  CONDITIONED OFT  OptConditioneds Slorage/Loft  Home and communityi information, including pricing, includedf terms, availability anda amenities, ares subjectt to change and priors sale atanyt time withoutn notice or obligation. Pictures, photographs, features, colors ands sizes are approximate fori illustration purposes only and will vary from thel homes ast built. Seea Sales Representative forr morei information.    The Dover  BEDROOM4 5N29  SCREENED PORCK PORCH LIVING LIVNG L  15-0 OWNERS SUITE L  MIT  DROOM3  Home ando community information, including pricing, features, terms, availability anda amenities, are subjectto chang prior sale at tany time withoutr notice or obligation. Pictures, photographs, features, colors ands sizes are approximate fori illust purposes only and willy varyf fromt the homes ask built. Seea Sales Representative for more information.    The Claiborne  COVERED  OWNER'S FAMILY PORCH SUITE ROOM  DINING  KITCHEN  DEN  BEDROOM3 FYR. CAR  BEDROOM2  First Floor Plan  Home and Community information, including pricing, included features, terms, availability anda amenities, ares subjectt to change and priors sale atanyt time without) notice or obligation. Pictures, photographs, features, colors ands sizes are approximatei fori illustration purposes onlya andv willy varyf fromt thel homes as built. SceaSales Representative for more information. (063015)    The Azalea  BREAKFAST COVERD PORCH  OWNER'S SUITE  PATIO  BREAKFAST  <I FAMILY ROOM  NERS  FAMILY ROOM  OWNER'S SUITE  Inml rK7  Optional Extended Family Room  DINING LDRY  BEDROOM3 5 BATH YER BEDROOM2 PORCH  A BAB BEDROOM4  LOFT D@  2-CAR GARAGE  Optional Second Floor Plan  First Floor Plan  Optional Stairs To Second Floor  COVERD OWNER'S PORCH SUITE Optional Extended Owner's Suite  Optional Alternate Owner's Bath  Home and Community information,i includingp pricing, included features, terms, availability anda amenities, are subjectto change prior salea at tanyt time without notice or obligation. Pictures, photographs, features, colors and sizes are approximate fori illustratio purposes only andv willy vary fromt the homes asb built. Seea aSales Representative forn more information.    TWO STORY  PLANS  D-RHOMIUN R Americas Builder    The Elle  BEDROOM5 UPSTAIRSLIVING 15-0'x13-8"  BEDROOM4  OxiCompatmentaiedBan  13-4'x11-0-  11-1x12-1"  UPSTAIRSLIVING 15-0'x22-9  EWVDINNG OptCoveredPorch  OptBedroom6  BEDROOM2  BATH3 LOFT  DINING Opt Porch  DINING  OWNERSSUITE LIVNG  00  OPDR O.BATH o!  10  OptSlepsalGaragel  FLEX FOYER! PORCH 7-10'x5-3  UPSTAIRSLIVING 15-0'x20-4"  19-5"x21-8"  STUDY FOYER  OptBath3  ILOFlex  *Squaref foot dimensions area approximate. Homea andc communityi information, includingpricing, includedfeatures, terms, availability and amenities, ares subject tochangea andpriors sale atanyt timev withoutr noticeoro obligation. Pictures, photographs, features, colorsa ands sizes area approximateforil illustrationp purposes only varyfromt thehomes as buit. Pleases seea anE Express! Homes Sales Representativeft forr moreir information. ExpressHomes Copyight02019.    The Flora  BEDROOM2 BEDROOM4 BEDROOM3 11-0-x11-g" 11-0"x11-9"  *  OptUpstairsl LwingILOBedrom4 DECK 10-0"x8-0" Boym GREATROOM Decka atOptE COVPORCH GREATF ROOM OptCoveredF Porch  33  E WIC  BATH O.BATH  OWNERSSUITE 20-1"x13-0"  REENPORCH, 10-0" GREATROOM OptScreenedPorch OPTPATIO 10-0"x8-0"  SECONDFLOOR  KITCHEN  .BATH Bath  GREATROOM 26-4'x15-4"  2CARGARAGE Stairs  FOYER PORCH 91-3-x6-3"  2CARGARAGE 20'-1"x20-1"  2CARGARAGE Opt Steps atGarageE Entry  FIRST FLOOR  *Squaref foot dimensions are approximate. Home andcommunityi information, includingp pricing, includedfeatures, terms, availability anda amenities, aresubject tochange andpriors sale atanyt timewithoutr noticeoro obligation. Pictures, photographs, features, colorsa ands sizes area approximatef forill illustration.purposes only andwill vary fromthehomes asbuit. Please see an ExpressH Homes Sales Representativeft forr moreir Express! Homes Copyight02019.    The Galen  BEDROOM2 er  BEDROOM3 BEDROOM2 BEDROOM4  11-4"x11-  OALPNMhUgLOBMaomA  COVPORCH 10-0"x8-0" TVAGREAT VGREAT OptCoveredPorch OptScreenedPorch  SCREENPORCH  BATH2 WIC  OWNERSSUITE  DECK 10-0"x8-0" GREAT Deck AtOptE  SECONDFLOOR  OPTPATIO 10-0"x8-0"  STUDY 11-9"x12-0"  00 O.BATH OptOwner's! Bath  GREAT  OptSludyILOFlex  KITCHEN PDR  GREAT 2CARGARAGE tOptBasement GREAT A2CARGARAGE OptSteps @ Garage Entry    FLEX  2CARGARAGE FOYER 20-1"x20-0"  PORCH!  FIRSTFLOOR  *Squarefootd dimensions area approximate. Homea andcommunityir information, includingpricing. includedfeatures, terms, availabilityanda amenities, ares tochange-andpriors salea atanytimewithoutr tnoticeor obligation. Pictures, photographs, features, colors andsizes are apptoim.ielorilusiraton; purpose amdwilaryltomtiehomesa asbuill Pleases see ant ExpressH Homes Sales Representativef form morei information. Expressh Homes Copyright02019.    The Halton  UPSTAIRSLIVNG 13-5'x1644  OM6  SITTING  .BATH  Bedioom6iLOUpsiaisl  SECONDFLOOR  BEDROOM2 11-8'x12-8 V  12-"x11-2 DINING  LIVINGROOM 17-0'x21-"  DINING OptCoveredPorch LIMINGR ROOM  DINING  20-0'x20-0"  78 FOYER PORCH 93x63  DECK DINING  FOYER  FIRST FLOOR  *Squarei footo dimensionsa area approximate. Home andc community information,i includingpricing, includedfeatures, terms, availabilityanda amenities, aresubject tochangea andpriors salea atany timewithoutr noticeor obligation. Pictures, pholographs, features, colorsa ands sizes are approximatef fori illustrationp purposes only andwill varyfr fromt thehomes asbuit.F Pleases seea an Express! Homes Sales Representativef formoreir information. Express! Homes Copyright02019.    The Hayden  WIC  BEDROOM5 LOFT 11-5'x11-9" 7-4"x12-0"  BEDROOM5 UPSTAIRSLMING BEDROOM4 11-0"x  11-0"x11-9"  11-0"x11-9"  LDRY OptB Bedroom 5/Bath4/Loft  LDRY DE  WIC  OWNERSSUITE BATH 13-1"x20-0"  BEDROOM3 12-5"x11-4"  BEDROOMS EBROONS   OptBedroom6 6ILOUpstairsl Living  SECONDFLOOR OPTPATIO 10-0"x8-0" Bsayr DINING 11-3"x10-2"  COVPORCH 10-0"x8-0" DINING OptCoveredPorch  BEDROOM2 11-8"x10-8"  LIVING 15-1"x15-5"  BATH2/  M KITCHEN  DINING Opts ScreenedP Porch BATH2/  Bath  2CARGARAGE 20-5"x20-0" FOYER 12-1"x11-5"  FLEX  PORCH  2CARGARAGE OptSteps @ Garage Entry  FIRSTF FLOOR  *Squarefo footd dimensions area Homea amdcommunly.mtomaion. includingpricing, includedfeatures, terms, availabilityanda amenities, ares subject tochangea andpriors salea atanyti timewithoutn tnoticeor obligation. Pictures, photographs, features, colors andsizesa area llustration.purposes only andwill varyfi fromt asbuill.F Pleases seeanE Homes Sales Representativef form moreir information. Express! Homes Copyright02019.    The Hanover  FAMILY 2CAR GARAGE  OWNER'SSUITE OBATH wIC CO So o LDRY BEDROOM  BATH2  SCR FAMILY VDINING OptScreenedPorch DECK  O.BATH/ 00  LOFT 12-0"x12-4  COVPORCH  FAMILY VDINING FAMILY VDINING SECONDFLOOR  DeckatOptBasement  OPTPATIO 10-0'x8-0 E KITCHEN 9-5'x15-4-  L BEDROOM5 11-4x12-0" BED2 BED3  FLEX  2CARGARAGE FOYER 12-1"x20-0 20-0"  BEDROOM6 "x13-0" OptBedroom6  OFFICE OptOfice  PORCH  FIRSTFLOOR  foot dimensions are approximale. Homea ando communilyinforaion, includingpricing, includedfeatures, terms, availabilitya anda amenities, ares subject atanyti timewithoutn noticeoro obligation. Pictures, photographs, features, colors andsizes area approximateforill illustrationg purposesonly thehomes asbuill. Please seea an Express! Homess Sales Representativef form morei information. Express! Homes Copyright02019.    The Robie  BEDROOM5 11-0"x11-4"  BEDROOM4 11-0"x11-4" HALL BATH3 80  COVPORCH 10-0"x8-0" LMVNG RIUM Opt Covered Porch  SCREENPORCHE 10-0"x8-0" LIVNG ATRIUM DOO Opt Screened Porch  BEDROOM3 11-0"x11-4"  LDRY  BEDROOM2 13-4"x10-8"  LIMING 14-9"x11-4"  LOFT 13-5"x9-1"  .BATH  DINING 11-0"x15-4"  LBATH2  OWNERSSUITE 18-9"x12-5"  WIC  KITCHEN 11-4"x14-2  FOYER  2CARGARAGE 18-9"x19-4"  O.BATH  PORCH- 9-11"x3-3"  Opt Owner's Bath  "Squarefootd dimensions area approximate. Homea ando Scommuniyimformation, includingp pricing, includedfeatures, terms, availabilityanda ares subject lochangeandpriorsalea atanyt timewithoutn noticeor obligation. Pictures, photographs, features, colors andsizes area approximatefori ilustralionpurposes only andwilly varytromthehomes: asbuilt.F Pleaseseea an Express Homes Sales Representativef form moreinformation. Express! Homes Copyright02019.    REAR ALLEY  PLANS  D-R-HORTON B America's Builder    The Atkinson Tributary  COVERED BREAKFAST/ PORCH  2-CAR GARAGE  Optional Owners Bath #1  ROOM WDR SUITE  WIC  FOYER  BEDROOM  FLEX  PORCH  Optional Bedroom Bath# #3  First Floor Plan  Home and Community information, including pricing, included features, terms, availability anda amenities, ares subjectt to change prior salea ata anyt time withoutr notice ord obligation. Pictures, photographs, features, colors and sizesa are approximate fori illustration purposes onlya andy will vary from thel homes asb built. Seeas Sales Representative for more information.    The Brooks Tributary  GARA 2-CAR GE  COVERED PORCH  SUITE  FLEX  Optional Owner's Bath  PORCH  First Floor Plan  DROO  Optional Bedroom 4& Bath3  Second Floor Plan  Home and Community information, includingpricing, included features, terms, availability anda amenities, ares subjectto change: and priors salea atanyt timev withoutr noticed or obligation. Pictures, photographs, features, colors and sizes are approximate fori illustration purposes only andv willy vary fromt theh homes asb built. SeeaSales Representative forn morei information.    The Clark Tributary  GARAGE 2-CAR  COVERED PORCH DINING  FAMILY Doni BEDROOM ROOM KITCHEN A FOYER po  First Floor Plan  BEDROOM  LOFT  Second Floor Plan  Optional Sth Bedroom  Optional Dehe Owner's Bath  Home and Community information, including pricing, includedi features, terms, availability anda amenities, are subject to change and priors salea ata anyt time without notice or obligation. Pictures, photographs, features, colorsa ands sizesa are approximate for illustration purposes only andy will varyf fromt the homes asbuilt. Sceas Sales Representative forr morei information.    The Douglas Tributary  BEDROOM  Optional Bedroom #5  2-CAR  Second Floor Plan  FLEX PORCH  Optional. Deluxe Owner's Bath  First Floor Plan  Home and Community information, including pricing, includedi features, terms, availability anda amenities, ares subject to change and priors salea atanyt time without notice or obligation. Pictures, photographs, features, colors ands sizes are approximate fori illustration purposes only andy will varyt fromt theh homes as built. Seea Sales Representative forr morei information.        This document was prepared by and upon recording return to: Rachel E. Conrad, Esq. Dorough & Dorough, LLC 160C Clairemont Avenue, Suite 650 Decatur, Georgia 30030 (404)6 687-9977  Type: STATE LANDF RECORDS Recorded: Fee Amt: $200. 10/11/2018 00 Page 9:31:00 1of96 AM Forsyth County, GA Greg G. Allen Clerk Superior Ct Participant ID: 0437264025 BK 8700 PG153-248  DECLARATION OF BRAMBLETT GROVE  COVENANTS, CONDITIONS, ANDI RESTRICTIONS FOR    DECLARATION OFCOVENANTS, CONDITIONS, ANDI RESTRICTIONS  FOR BRAMBLETTGROVE TABLBOFCONTENTS  ArticleI DEFINITIONS 1.1 "Area of Common! Responsibility". 1.2 "Articles ofl Incorporation" or' "Articles" 1.3 "Association". 1.4 "Board of Directors" or' "Board". 1.5 "By-Laws". 1.6 "Common Area".. 1.7 "Common! Expenses" 1.8 "Community". 1.9 "Community-Wide: Standard". 1.10 "Declarant" 1.11 "General Assessment" 1.12 "Governing Documents" 1.13 "Member" 1.14 "Mortgage" 1.15 "Mortgagee" 1.16 "Owner. 1.17 "Person". 1.18 "Plat". 1.19 "Record", "Recorded", or' "Recording" 1.20 "Special Assessment". 1.21 "Specific Assessment". 1.22 "Supplemental Declaration". 1.23 "Unit". 1.24 "Use Restrictions and Rules". ArticleII PROPERTY RIGHTS. 2.1 Common Area. 2.2 Nol Partition. 2.3 Condemnation.    Articlel III MEMBERSHIP AND VOTING RIGHTS. 3.1 Function of Association 3.2 Membership. 3.3 Voting. ArticleIV RIGHTS AND OBLIGATIONS OF THE ASSOCIATION. 4.1 Common. Area. 4.2 Personal Property and Real Property for Common Use. 4.3 Enforcement. 4.4 Implied Rights; Board Authority. 4.5 Governmental Interests.. 4.6 Indemnification. 4.7 Safety and Security ArticleV MAINTENANCE. 5.1 Association's Responsibility 5.2 Owner's Responsibility. 5.3 Standard of] Performance. 5.4 Limitation ofl Liability. Article VI INSURANCE AND CASUALTY LOSSES. 6.1 Association Insurance. 6.2 Owners' Insurance.  12 15, 16 16 7 19 .20 20 20  Article VII ANNEXATION AND WITHDRAWALOFI PROPERTY. 7.1 Annexation Without Approval ofl Membership. 7.2 Annexation With Approval of! Membership. 7.3 Withdrawal of Property. 7.4 Additional Covenants and Basements. Article VIII ASSESSMENTS 8.1 Creation of Assessments. Control  8.2 Declarant's Obligation for Assessments; Budget Deficit During Declarant 8.3 Computation of Budget and General Assessments. 8.4 Reserve Budget and Capital Contribution. 8.5 Special Assessments. 8.6 Specific Assessments.  24 .25 25  8.7 Nonpayment of Assessments; Lien for Assessments,  -ii-    8.8 Date of Commencement of Assessments. 8.9 Failure to Assess. 8.10 Exempt Property. 8.11 Estoppel Letter. Article IX ARCHITECTURALSTANDARDS. 9.1 General. 9.2 Architectural Review... 9.3 Guidelines and) Procedures. 9.4 No Waiver of Future Approvals.. 9.5 Variance... 9.6 Limitation of Liability 9.7 Enforcement. ArticleX USEI RESTRICTIONS ANDI RULES. 10.1 Planofl Development; Applicability; Effect. 10.2 Authority tol Promulgate Use Restrictions and Rules. 10.3 Owners' Acknowledgement. 10.4 Rights of Owners. ArticleXI EASEMENTS. 11.1 Easements of Encroachment 11.2 Easements for Utilities, Etc. 11.3 Easements for Drainage. 11.4 Easements to Serve Additional Property 11.5 Right of Entry. 11.6 Landscaping and Signage Easements.. 11.7 Easement to Inspect and Right to Correct.. 11.8 Construction and Sale Easement. 11.9 Fence Easement. 11.10 Easement for Pedestrian Paths and Walking Trails.. Article) XII MORTGAGEB PROVISIONS. 12.1 Audit.. 12.2 No Priority.  -iii-    Article XIII DECLARANT! RIGHTS.. 14.1 Agreement to Avoid Litigation 14.2 Claims.  Article XIV DISPUTE! RESOLUTION ANDLIMITATION ONI LITIGATION.  42 42 42 44 44  14.3 Mandatory Dispute Resolution. Procedures for Claims. 14.4 Allocation of Costs of Resolving Claims. 14.5 Enforcement of Resolution. Article XV GENERALPROVISIONS 15.1 Duration. 15.2 Amendment. 15.3 Severability 15.4 Litigation.. 15.5 Cumulative Effect; Conflict. 15.6 Compliance. 15.7 Notice of Sale or' Transfer of Title. 15.8 Exhibits.. 15.9 Nondiscrimination. 15.10 Notices...  47 47 47 48 .48 48 .48 48 49 49 50 50  15.11 Disclosure. Regarding Use of Adjacent Property Article XVI LEASING RESTRICTIONS 16.1 General, 16.2 Leasing Permits 16.3 Hardship Leasing Permits.. 16.4 Leasing Provisions. 16.5 Mortgagee Exemption 16.6 Rights Reserved for Declarant.  52  -iv-    TABLEOF EXHIBITS  Exhibit "A" "B" "C" "D"  Subject Matter Land Initially Submitted to the Declaration Land Subject to Annexation Initial Use Restrictions and Rules By-Laws of Bramblett Grove Homeowners Association, Inc.    DECLARATION OF COVENANTS, CONDITIONS, ANDI RESTRICTIONS THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BRAMBLETT GROVE ("Declaration"), is made as of the date set forth on the signature page hereof by D. R. Horton, Inc., a Delaware corporation  FORI BRAMBLETTGROVE  (hereinafter referred to as the' "Declarant").  Declarant is the owner of the real property described in Exhibit "A whichis attached hereto and incorporated by reference. By this Declaration, Declarant imposes upon the Community mutually beneficial restrictions under a general plan of improvement for the benefit of the owners in the Community, and establishes a flexible and reasonable procedure for the overall development, administration, maintenance and preservation of the Community. In furtherance ofs such plan, Declarant has caused the Bramblett Grovel Homeowners Association, Inc. tol be formed as a Georgia nonprofit corporation to own, operate, and maintain Common Area and to administer and enforce thej provisions oft the Governing Documents, as such terms are defined below. Declarant hereby declares that all of the property described in] Exhibit' "A" and any additional property described on Exhibit "B" hereto that may be subjected to this Declaration by Supplemental Declaration shall bel held, sold, used and conveyed subject to the following easements, restrictions, covenants, and conditions, which shall run with the title to the real property subjected to this Declaration. This Declaration shall be binding upon all parties having any right, title, or interest in any portion of the Community, their heirs, successors, successors-in-title, and assigns, and shall inure to the benefit ofe each owner of any portion of the Community.  This document does not and is not intended to create a condominium within the meaning of the Georgia Condominium Act, O.C.G.A. Section 44-3-70, et seq., and does not submit the property described herein to the Georgia Property Owners'  Association Act, O.CG.A.Section 44-3-220, ets seq.  THIS DECLARATION DISCLOSES SOME IMPORTANT INFORMATION ABOUT THE COMMUNITY FOR' THE BENEFITO OF PROSPECTIVE PURCHASERSOF REAL PROPERTY LOCATED IN THE COMMUNITY. EACH OWNER, BY ACCEPTING A DEED TO PROPERTY IN THE COMMUNITY,ALSO ACCEPTS AND AGREES TO THE COVENANTS AND RESTRICTIONS SET FORTH IN THIS  DECLARATION.    ARTICLEI DEFINITIONS  The terms in this Declaration and the attached exhibits and other Governing Documents shall generally be given their natural, commonly accepted definitions except as otherwise specified. Capitalized terms shall be defined as set forthl below. 1.1. "Area of Common Responsibility": The Common Area, together with such other areas, if any, for which the Association has or assumes responsibility pursuant to the terms of this Declaration, any Supplemental Declaration, or other  applicable covenants, contract, or agreement.  1.2. "Articles of Incorporation" or "Articles": The Articles of Incorporation of Bramblett Grove Homeowners Association, Inc., as the same may be  amended from time to time.  1.3. "Association": Bramblett Grove Homeowners Association, Inc., a 1.4. "Board of Directors" or "Board": The body responsible for the administration, management and operation of the Association, appointed or elected as provided in the By-Laws, and generally serving the same role as the board of directors  Georgia non-profit corporation, its successors or assigns.  under Georgia corporate law.  1.5. "By-Laws": The By-Laws of Bramblett Grove Homeowners Association, Inc., attached as Exhibit' "D" hereto, as they may be amended from time to  time.  1.6. "Common Area": All real and personal property, including, without limitation, easements and other interests therein and the facilities and improvemen located thereon, which the Association owns, leases or otherwise holds possesso use rights in for the common use and enjoyment of the Owners.  1.7. "Common Expenses": The actual and estimated expenses or anticipated to be incurred, by the Association in a given year, includ reasonable reserve, as the Board may find necessary and appropriate. Expenses shall be shared by all Unit Owners equally as provided in Article and may include, but are not limited to, the following: (a) costs to Community entry features, including any expenses for landscaping, electricity irrigation associated therewith; (b) costs to maintain the storm water drainage and storm water detention/retention pond(s) serving the Community; (c) contr to the reserve fund; (a) property taxes for the Common Area; (e) insurance  -2-    () landscape maintenance; (g) costs to operate, maintain and insure the Community recreational facilities; (h) legal fees and property management fees; and (1) expenses and liabilities incurred as provided herein, the Articles of Incorporation and the By-Laws for the indemnification of officers and directors and in connection with the enforcement rights and duties oft the Association against Owners and others.  1.8. "Community": The real property described on Exhibit "A" together with such additional property as may be subjected tot this Declaration by Supplemental  Declaration in accordance with Article VII.  1.9. "Community-Wide Standard": The standard of conduct, maintenance, or other activity generally prevailing throughout the Community as initially established by Declarant or as may be set forth in the Design Guidelines established pursuant to Article IX hereof. Upon the termination of the right of Declarant to act as the Reviewer as provided in Section 9.2 hereof, such standard may be more specifically determined by the Architectural Review Committee, but shall be consistent with the Community-Wide: Standard initially established by the Declarant. 1.10. "Declarant": D.R. Horton, Inc., a Delaware corporation, or any successor, successor-in-title, or assign who takes title to any portion of the property described on Exhibit "A" or Exhibit "B" for the purpose of development and/or sale and who is designated as Declarant in a Recorded instrument executed by the  immediately preceding Declarant.  1.11. "General Assessment": Assessments levied on all Units subject to assessment under Article VIII to fund the Common Expenses for the general benefit of  all Units int the Community.  1.12. "Governing Documents": A collective term referring to this Declaration and any applicable Supplemental Declaration, the By-Laws, the Articles, the Design Guidelines as provided for herein, and the Use Restrictions and Rules, each as they may be amended, revised or modified as provided herein.  1.13. "Member": A Person subject to membership in the Association 1.14. "Mortgage": A mortgage, a deed of trust, a deed to secure debt, or any other form of security instrument affecting title to any Unit. 1.15. "Mortgagee": Abeneficiary or holder ofal Mortgage. 1.16. "Owner": One or more Persons who hold the record title to any Unit, but excluding in all cases any party holding an interest merely as security for the  pursuant to Section 3.21 hereof.  -3-    performance of an obligation. Ifa Unit is sold under a Recorded contract of sale, and the contract specifically so provides, the purchaser (rather than the fee owner) will be  considered the Owner.  1.17. "Person": A natural person, corporation, limited liability company, joint venture, partnership, trustee, or any other entity recognized as a separate legal  entity under Georgia law.  1.18. "Plat": The Recorded final subdivision plat applicable to the 1.19. "Record", 'Recorded", or' 'Recording": The appropriate recordation orf filing of any document in the Office of the Clerk of Superior Court of Forsyth County Georgia, or such other place which is designated as the official location for recording deeds and similar documents affecting title to real estate.  Community or phase oft the Community.  1.20. "Special. Assessment": Assessments levied in accordance with 1.21. "Specific Assessment": Assessments levied in accordance with 1.22. "Supplemental Declaration": An instrument Recorded pursuant to Article VII which subjects additional property to this Declaration and/or imposes, expressly or by reference, additional restrictions and obligations on the land described  Section 8.51 hereof. Section 8.61 hereof.  insuchi instrument.  1.23. "Unit": A portion of the Community, whether improved or unimproved, which isi intended for development, use, and occupancy as a residence for a single family. The term shall include within its meaning, by way of illustration and not limitation, each numbered lot shown ona a Recorded Plat with respect to any portion of the Community, together with the structures, if any, constructed thereon, as well as vacant land intended for further subdivision, but shall not include Common Area or property dedicated to the public. The ownership ofa Unit shall include, whether or not separately described, membership in the Association and all rights and interest of an  Owner in and tot the Common Area.  In the case of a portion of the Community intended and suitable for subdivision into single-family lots but as to which no Plat has been Recorded, such property shall be deemed to contain the maximum number of Units permitted under the city or county zoning ordinance applicable to the property until such time as a subdivision Plat is Recorded with respect to all or a portion of the property. Thereafter, the portion encompassed by such Plat shall contain the number of Units as set forth in    the preceding paragraph and any portion not platted shall continue tol be treated as set  forth int this paragraph.  1.24. "Use Restrictions and Rules": Those use restrictions and rules affecting the Community, which may be adopted, modified, and repealed as set forth in Article X. The initial Use Restrictions and Rules are set forth on Exhibit "C" attached  hereto and by this reference incorporated herein.  ARTICLEII PROPERTYRIGHTS  2.1. Common Area. Every Owner shall have a right and nonexclusive easement of use, access, and enjoyment in and to the Common Area, which is appurtenant to and shall pass with the title to each Unit, subject to:  (a) This Declaration, a Supplemental Declaration and any other (b) Any restrictions or limitations contained in any deed conveying title (c) The right of the Board and the membership to adopt rules regulating (d) The right of the Association to suspend the right of an Owner to use and enjoy the Common Area, including, without limitation, the Community recreational facilities, for any period during which any past due assessment against any Unit of the Owner remains unpaid, and for a reasonable period oft time for an infraction of the Declaration, By-Laws, Use Restrictions and Rules, Design Guidelines and any rules and regulations promulgated by the Board ofl Directors;  applicable covenants;  tot the Common Area to the Association; the use and enjoyment of the Common Area;  (€) the right of the Association tol limit the number of Persons who may use the Common Area, including, without limitation, the Community recreational facilities, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by authorized users and their guests and invitees; () The right of the Association, acting through the Board, to dedicate or transfer title to all ora any part of the Common Area upon the affirmative vote of Owners of at least two-thirds (2/3) of the Units (other than Units owned by the Declarant) and  the consent of Declarant;  -5-    (g) The right of the Association, acting through the Board, to mo pledge, or hypothecate any or all of its real or personal property as security for borrowed or debts incurred upon the affirmative vote of Owners of at least two (2/3) of the Units (other than Units owned by the Declarant) and the COI Declarant; provided, however, the lien and encumbrance of any such Mortgage by the Association shall be subject and subordinate to any rights, interests, easements and privileges herein reserved or established for the benefit of Decl the holder of any Mortgage encumbering any Unit or other property int the Comn (h) Declarant's right to use the Common Area without payment for such purposes as Declarant, ini its sole discretion, deems necessary and pro the development, sale, construction, marketing and build out of the Community; () the right of the Association, acting through the Board, and wit vote of the membership, to dedicate or grant licenses, permits, easements and rights-of-  way over, under and through the Common Area;  0) all encumbrances, zoning conditions, and other matters of Record affecting title to the Common Area including, without limitation, any deed or other document granting the Declarant mineral rights as more particularly set forth in such  deed or document;  (k) the right of the Association, acting through the Board, to dedica portions of the Common Area to any local, state or federal governmental or governmental entity without the consent of the Members; and  () the right of Ms. Neva Samples to use the Community recre amenities, pursuant to that certain Agreement by and between Byers Road, Neva Samples, which document grants Ms. Samples a perpetual right to use the Community recreational facilities free of charge; provided, however, such rig not extend to any successors, successors-in-title or assigns. No other non-mer shall be permitted to use and enjoy the Community recreational facilities unles  Declaration is amended to permit such use.  Any Owner may extend or delegate his or her right of use and enjoy the Common Area to the members of his or her family, lessees, and social inv applicable, subject tor reasonable regulation by the Board. An Owner who lease her Unit shall be deemed tol have assigned alls such rights tot thel lessee ofs such 2.2. No Partition. Except as permitted in this Declaration, there noj judicial partition of the Common Area. No Person shall seek any judicial par the Common Area unless the portion of such Common Area whichi is the subject partition action has been removed from the provisions of this Declaration. This  -6-    shall not prohibit the Board from acquiring and disposing of tangible personal property nor from acquiring and disposing of real property, which may or may not be subject to  this Declaration.  2.3. Condemnation, If any part of the Common Area shall be taken or conveyed in lieu of and under threat of condemnation by any authority having the power of condemnation or eminent domain, then such award or net funds shall be disbursed tot the Association and used for such purposes ast the Board shall determinei in  its sole discretion.  ARTICLEIII MEMBERSHIP AND VOTINGI RIGHTS  3.1. Function of Association. The Association shall be the entity responsible for the management, maintenance, operation, and control of the Area of Common Responsibility and enforcement of the Governing Documents and shall perform its functions in accordance with the Governing Documents and the laws oft the State of Georgia, including, without limitation, the Georgia Nonprofit Corporation  Code, O.C.G.A. Section 14-3-101,etseq.  3.2. Membership. Every Owner shall be a Member of the Association, There shall be only one membership per Unit. Ifa Unit is owned by more than one Person, all co-Owners shall share the privileges of such membership, subject to reasonable Board regulation and the restrictions on voting set forth in Section 3.31 hereof and in the By-Laws, and all such co-Owners shall bej jointly and severally obligated to perform the responsibilities of Owners as set forth herein, in the By-Laws and any rules and regulations adopted by the Board. The membership rights of an Owner, which is not a natural person, may be exercised by any officer, director, partner, manager, member or trustee, orb by the individual designated from time tot time by the Owner ina written instrument provided to the Association's Secretary. Membership shall be appurtenant to and shall not be separated from ownership ofa Unit.  3.3. Voting. The Association shall have two classes of membership, Class (a) Class' "A", Class' "A" Members shall be all Owners except the Class "B" Member, if fany. Class "A" Members shall have one (1) equal vote for each Unit in which they hold the interest required for membership as provided in Section 3.2 above. When more than one Person holds an ownership interest in any Unit, the vote for such Unit shall be exercised as those Owners themselves determine and advise the Association's Secretary prior to any meeting. The vote attributable toal Unit shall bes suspended in the event that more than one Person seeks to exercise it. The Board shall have the right to  "A" and Class' "B".  -7-    suspend the voting rights of an Owner for any period during which any past due assessment against any Unit remains unpaid and for ai reasonable amount oft time for an  infraction oft the Governing Documents.  (b) Class "B". The sole Class "B" Member shall be the Declarant. The rights of the Class "B" Member are set forth in relevant provisions of the Declaration and By-Laws. The rights of Declarant, as the Class "B" member, shall be of no further force and effect: (i) on the date that the Declarant no longer owns any property primarily for development or sale in the Community and no longer has the right to unilaterally annex additional property tot the provisions of this Declaration as provided inSection 7.1 hereof; or (ii) upon Recording: a written document, executed by Declarant, terminating the rights of the Declarant hereunder; provided, however, the Declarant and/or the Class "B" Member, may in its sole discretion, relinquish certain authority granted to it under the Governing Documents while retaining authority over others. For example and without limitation, the Declarant may terminate its right to appoint and remove the officers and directors of the Association, but reserve all other rights under the Declaration and By-Laws. Any right, power or authority of the Declarant and/or the Class "B" Member which may be terminated or relinquished prior to the termination of the rights of Declarant hereunder shall be by a written Recorded instrument only and no such right, power or authority shall be relinquished or  terminated by implication or otherwise. entitled to cast one (1) vote for each Unit owned.  Notwithstanding anything to the contrary herein, the Declarant shall be  ARTICLEIV  RIGHTSA ANDOBLIGATIONS OFT THE ASSOCIATION 4.1. Common Area. The Association, subject to the rights of the Owners set forth in this Declaration, shall manage, operate and maintain the Common Area and all improvements located and constructed thereon, including, without limitation, the Community entry features and any storm water detention/retention; ponds and storm water drainage facilities serving the Community, in a manner consistent with the Community-Wide Standard, as more particularly set forth in Section 5.1(a) hereof and subject to any restrictions set forth in the deed or other instrument conveying property to the Association, if any. The Board is specifically authorized, but not obligated, to retain or employ a professional management agent to assist in carrying out Association's responsibilities under the Governing Documents, the cost of which  bea Common Expense.  -8-    4.2. Personal Property. and. Real Property for Common Use. The Association, through action of its Board, may acquire, hold, and dispose of tangible and intangible personal property and real property. Declarant or its designees or successors-in-title may transfer or convey to the Association interests in real or personal property within or for the benefit of the Community, and the Association shall accept such transfers and conveyances. All such property shall be accepted by the Association "AS IS" without any representation or warranty, express or implied, in fact or by law, with respect thereto, or with respect to the improvements located or constructed thereon or thereto, and without any representations or warranties regarding future repairs or regarding the condition, construction, accuracy, completeness, design, adequacy of the size or capacity ini relation to the utilization, date of completion, or the future economic performance or operations of, or the materials which have been or will be used in such property or repairs. Upon the written request of Declarant, the Association shall reconvey to Declarant, without a vote of the Members, all or any portion of any unimproved portion oft the Common Area originally conveyed by Declarant to the Association for no consideration, to the extent conveyed by Declarant in error or needed by Declarant to adjust property lines or accommodate  changes in the development plan.  The Association hereby appoints Declarant as its agent and attorney-in-lact to accept onl behalf of the Association any such conveyance tot the Association, to reconvey any such property on behalf of the Association and to execute on behalf of the Association any and all documents, including, without limitation, deeds, necessary or convenient to effectuate and document any such conveyance to or reconveyance from the Association. Neither the Recordation of any subdivision Plat nor the use by the Owners or maintenance by the Association of any property shall create any rights, easements or licenses in the Association or the Owners, express or implied, unless and until any such property rights, easements or licenses are conveyed by the Declarant or the owner of such property to the Association or the Owners, as the case may be, by a  Recorded instrument.  4.3. Enforcement. The Declarant or the Association, as the case may be, may impose sanctions for violations of the Governing Documents in accordance with procedures set forth in the By-Laws, including, without limitation: (a) the imposition of reasonable monetary fines; (b) the suspension of the right to vote; (c) the suspension of an Owner to use and enjoy the Common Area, including, without limitation, the right to use and enjoy the Community recreational facilities; and (d) the right to receive any services or benefits which are provided by the Association, ifany. Any suspension shall not effect an Owner's obligation to pay assessments coming due during the period of  suspension.  -9-    In addition to any other remedies provided for herein, the Association, acting through the Board, the Declarant or their respective duly authorized agents shall have the power to enter upon any Unit or any other portion of the Community to abate or remove any structure, thing, improvement or condition which violates the Governing Documents. Unless an emergency situation exists, the violating Owner shall be given ten (10) days written notice of the intent to exercise self-help. Notwithstanding the foregoing, vehicles may be towed after giving any notice required by law. All costs of self-help, including, without limitation, reasonable attorneys' fees actually incurred, shall be assessed against the Unit of the violating Owner as a Specific Assessment. The Declarant, the Association, the Architectural Review Committee and their respective, officers, directors, members, representatives and duly authorized agents shall not be liable for damages to Person or property from exercising the rights set forth in this Section 4.3, including, without limitation, claims for damages resulting from the removal ofar nonconforming structure, improvement, thing or condition.  AlI remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. Ift the Association prevails in any action to enforce the provisions of the Governing Documents or Association rules and regulations, it shall be entitled to recover all costs, including, without limitation, attorneys' fees and court costs, actually incurred in such action. So long as Declarant owns any property described on] Exhibit"A" or Exhibit "B" or has the r1g unilaterally annex additional property to the provisions of the Declaration, Declarant may, but shall not be obligated to, take any enforcement action, or any right onl behalf of or independent from the Association; which action, shall but not be limited to the imposition of monetary fines; provided, however, in th that monetary fines are imposed, only one such fine may be imposed for violation such that an Owner or occupant may not be fined by the Declarant Association for the same violation. In the event fines or other sanctions arei impose the Declarant hereunder, the Declarant shall have any and all rights to collect suchf or sanctions (which fines shall be payable to the Association) and any related including, without limitation, reasonable attorneys' fees actually incurred and collectioni in thes same manner as provided herein for the collection of assessments The Association shall not be obligated to take action to enforce any CO restriction or rule which thel Board reasonably determines is, ori is likely tol be CO as, inconsistent with applicable law, inconsistent with the overall sche development for the Community or in any case in which the Board reas determines that the Association's position is not strong enough to justify takin enforcement action. Any such determination shall not be construed as a waiver right to enforce such provision in the future or under other circumstances or Association from enforcing any other covenant, restriction or rule.  -10-    The Association, by contract or other agreement, may enforce county and city ordinances, if applicable, and local governments may enforce their ordinances within  the Community.  4.4. Implied Rights: Board Authority. The Association may exercise any right or privilege given toi it expressly by this Declaration or the By-Laws, or reasonably implied from or reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically provided in the Governing Documents, or by law, all rights and powers of the Association may be exercised by the Board without a vote of the  membership.  4.5. Governmental Interests. For sO long as Declarant owns any property described on Exhibit "A" or Exhibit "B," Declarant may designate sites within the Community for fire, police, and utility facilities; public schools and parks; and other public or quasi-public facilities. The sites may include Common Area, in which case the Association shall take whatever action is required with respect to such site to permit such use, including conveyance of thes site, ifs so directed by Declarant,  4.6. Indemnification.  (a) The Association shall indemnify every officer, director, and committee member, including members of the Architectural Review Committee established under Article IX hereof, against all damages and expenses, including attorneys' fees, reasonably incurred in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board ofl Directors) to which he or she may be a party by reason of being or having been an officer, director, or committee member, except that such obligation to indemnify shall be limited to those actions for which liability is limited under this Section and  Georgia law.  (b) The officers, directors, and committee members shall not bel liable for any mistake ofj judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on the Association's behalf (except to the extent that such officers or directors may also be Members of the Association). The Association shall indemnify and forever hold each such officer, director and committee. member harmless from any and all liability to others on account of any such contract, commitment or action. This right toi indemnification shall not be exclusive of any other rights to which any present or former officer, director, or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available, as more particularly provided in Article VII hereof.  -11-    (c) Decisions to institute litigation are no different from other decisions directors make. There is noi independent legal obligation to bringa civil action against another party. In deciding whether to bring a civil action against another party, a director is protected by the business judgment rule as explained in Section 3.23 of the  By-Laws.  4.7. Safety and Security. Each Owner and occupant of a Unit, and their respective guests and invitees, shall be responsible for their own personal safety and the security of their property within the Community. The Association may, but shall not be obligated to, maintain or support certain activities within the Community designed to enhance the level of safety or security which each person provides for himself or herself and his or her property. Notwithstanding the foregoing, the Association, Declarant and their respective officers, directors, employees, representatives and agents shall not in any way be considered insurers or guarantors of safety or security within the Community, nor shall they be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. The obligation to provide security lies with each Unit Owner individually.  No representation or warranty is made that any security system or measures cannot be compromised or circumvented, nor that any such systems or security measures undertaken will ina all cases prevent loss or provide the detection or protection for whicht the system is designed ori intended. Each Owner acknowledges, understands, and shall be responsible for informing its tenants and all occupants of its Unit, that the Association, its Board of Directors and committees, Declarant and their respective officers, directors, employees, representatives and agents are not insurers or guarantors of safety or security and that each Person within the Community assumes all risks of personal injury and loss or damage to property, including Units and the contents of  Units, resulting from the acts of third parties.  ARTICLEV MAINTENANCE  5.1. Association's Responsibility.  (a) The Association shall maintain and keep in good repair the Ar Common Responsibility, which shall include, but need not be limited to: (1) the Common Area, including, without limitation, any open space and all landscaping, signage, lighting, irrigation systems and equipment, fences, walls, and other structures and improvements situated upont the Common Area;  -12-    (i) any perimeter fencing or perimeter walls in the Community, (i) landscaping, signage, sidewalks, street medians and street islands located within public rights-of-way within or adjacent to the Community, except to the extent that such responsibility is assumed by a governmental or quasi-governmental  regardless of whether the same is located ona a Unit or Common Area;  body, public utility or third party;  (iv) all drainage ponds, storm water retention/detention ponds, detention and/or drainage systems serving the Community and any retaining walls, gate, fence or other enclosure surrounding said storm water retention or detention ponds, in accordance with any Recorded or to be Recorded maintenance and/or indemnification agreements regarding the same and regardless of whether such storm water detention/retention ponds are located on a Unit or Common Area, if and to the extent maintenance is required in the Board's opinion and such area is not otherwise maintained on an ongoing basis by a governmental entity or third party; provided, however, the Association shall not be responsible for the maintenance and/or repair of any storm water drainage facilities which exclusively serve a Unit;  (v) such portions of any additional property included within the Area of Common Responsibility as may be dictated by this Declaration, any Supplemental Declaration, or any contract or agreement for the maintenance thereof entered into by the Association (including any agreement with any governmental or quasi-  governmental entity);  (vi) any Community entry features, regardless of whether the same are located on Units or Common Area, including, without limitation, any landscaping, monument signage, lighting systems and irrigation systems related thereto or used in  connection therewith;  (vii) so long as Declarant owns any property int the Community or has the right to unilaterally annex additional property to the Declaration as provided herein, any property and facilities owned by Declarant and made available, on a temporary or permanent basis, for the primary use and enjoyment of the Association and its Members, such property and facilities to be identified by written notice from Declarant tot the Association and to1 remaina a part of the Area of Common Responsibility and to be maintained by the Association unless and until such time as Declarant revokes such privilege of use and enjoyment by written notice tot the Association; (vii) the centralized mailbox area and the mailboxes located thereon, regardless of whether the same are located ona a Unit or Common Area;  -13-    (ix) any retaining walls in the Community, regardless of whether the (x) the Community recreational facilities and appurtenant parking (xi) any pedestrian trails or walking paths located within the The Association may maintain property which it does not own, regardless of whether such property is located within or outside of the Community, including, without limitation, property dedicated to the public, if the Board of Directors determines that such maintenance is necessary or desirable to maintain the Community-Wide: Standard or otherwise benefits Owners. In addition tot the foregoing, the Board of Directors, without a vote of the Members, but with the consent of the Declarant, shall have the right to enter into easement and/or covenant to share cost agreements where the Board has determined that such action would benefit the Owners. The Board of Directors may authorize the officers of the Association to enter into contracts with any Person or Persons to perform any maintenance under this  same are located on Units or Common. Area;  facilities; and Community.  Declaration ont behalf of the Association.  (b) Association Easement. There are hereby reserved to the Associ blanket easements over the Community, including, without limitation, the Unit necessary to enable the Association tof fulfill its maintenance responsibilities unde Section 5.1. The Association shall maintain the facilities and improvements within the Area of Common Responsibility in continuous operation, except periods necessary, as determined in the Board's sole discretion, to perform maintenance or repairs, unless Members representing seventy-five percent (75%) total votes int the Association and the Declarant, sol long as Declarant owns any prope within the Community or has the right to unilaterally annex additional property Community,agreei in writing to discontinue such maintenance.  Except as provided above, the Area of Common Responsibility Association's maintenance responsibility with respect thereto shall not be redu amendment of this Declaration or any other means except with the prior approval of Declarant until the rights of Declarant have terminated und Declaration as providedi in Article XIII hereof.  (c) Maintenance Expensés. Except as otherwise provided herein, associated with the Association's: maintenance responsibilities for the Area of Responsibility shall be a Common Expense tol be allocated among all Units assessment as part of the General Assessment, without prejudice to the right Association to seek reimbursement from the owner(s) of, or other Persons resp  -14-    for or entitled to use, certain portions of the Area of Common Responsibility pursuant tot this Declaration, other recorded covenants, or agreements with the owner(s) thereof. Notwithstanding the foregoing, in the event the Association determines that the need for maintenance, repair or replacement, which is the Association's responsibility as set forth herein, is caused through the willful or negligent act of an Owner or the occupants, guests, lessees or invitees of an Owner, then the Association may perform such maintenance, repair and replacement and all costs associated therewith not paid for byi insurance shall be assessed against the Unit as a Specific Assessment.  5.2. Owner's Responsibility.  (a) General. Each Owner shall maintain his or her Unit and all structures, parking areas, and other improvements, including, without limitation, landscaping and fencing, comprising the Unit in a manner consistent with the Community-Wide Standard and all applicable covenants and Design Guidelines, unless such maintenance responsibility is otherwise assumed by the Association or assigned to the Association pursuant to this Declaration, any Supplemental Declaration, or other covenants applicable to such Unit. The maintenance obligation of an Owner shall include, without limitation, the following: () the prompt removal of all litter, trash, refuse, and waste; (ii) lawn mowing on a regular basis; (ii) tree and shrub pruning; (iv) watering landscaped areas; (v) keeping improvements, and exterior lighting in good repair and working order; (vi) keeping lawn and garden areas alive, free of weeds, and attractive; (vii) keeping driveways in good repair; (vii) complying with all governmental health and police requirements; (ix) repairing exterior damages to improvements; (x) all maintenance, repair and replacement to the residential dwelling located on a Unit, including, without limitation, periodic painting and pressure washing as needed to such residential dwelling; and (xi) maintenance, repair and replacement of all storm water drainage facilities and all pipes, wires, conduits, and plumbing, sanitary sewer and electrical systems which exclusively serve a Unit. This Section shall not apply to any Unit owned by Declarant unless such Unit has been improved with a dwelling for (b). Failure to Maintain. In the event that the Board of Directors determines that an Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair or replacement ofi items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such maintenance, repair or replacement to the Unit at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repair or replacement to be performed. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair or replacement, or, in the event that such maintenance, repair or replacement is not capable of completion within a ten-day period, to commence such work which shall be completed withina a reasonable periodof  whicha certificate of occupancy has been issued.  -15-    time, If an Owner does not comply with the provisions hereof, the Association may provide such maintenance, repair or replacement to the Unit and all costs associated therewith shall be assessed against the Unit as a Specific Assessment. 5.3. Standard of Performance. Unless otherwise specifically provided herein or in other instruments creating and assigning such maintenance responsibility, the responsibility for maintenance shall include the responsibility for repair and replacement, as necessary. All maintenance performed by the Association and Unit Owners, as applicable, shall be performed inai manner consistent with the Community- Wide Standard and all applicable covenants, conditions and restrictions set forth in this 5.4 Limitation. of Liability. Owners, occupants and their guests shall use the Common Area and all portions of the Community not contained within a Unit at their own risk and shall assume sole responsibility for their personal belongings used or stored thereon. AlI Owners and occupants shall have an affirmative duty and responsibility to inspect the Common Area and all portions of the Community not contained within a Unit for any defects, perils or other unsafe conditions relating to the use and enjoyment thereof. The Association, the Declarant and their respective officers, directors, employees, representatives and agents shall not be held liable for: (a) personal injury to any person occurring on the Common Area; (b) loss or damage to personal belongings used or stored on the Common Area or on any other portion of the Community; or (c) loss or damage, by theft or otherwise, of any property of an Owner  Declaration.  or occupant.  In addition to the foregoing, the Association, the Declarant and their respective officers, directors, employees, representatives and agents shall not be liable for injury or damage to any Person or property: (a) caused by the elements or by an Owner or any other Person; (b) resulting from any rain or other surface water which may leak or flow from any street, pipe, plumbing, drain, conduit, appliance, equipment, security system, or utility line orf facility, the responsibility for the maintenance of which ist that of the Association or from any portion of the Common Area; or (c) caused by any street, pipe, plumbing, drain, pond, lake, conduit, appliance, equipment, security system or utility line or facility, the responsibility for the maintenance of whichi is that  of the Association becoming out of repair.  -16-    ARTICLEVI INSURANCEANDCASUALTYIOSSES  6.1. Association Insurance.  (a) Required Coverages. The Association, acting through its Board or its duly authorized agent, shall obtain and continue in effect the following types of insurance, if reasonably available, or if not reasonably available, the most nearly  equivalent coverages as are reasonably available:  @) Blanket property insurance covering the full replacement cost of all insurable improvements from "risks of direct physical loss" for the Common Area and on other portions of the Area of Common Responsibility to the extent that the Association has responsibility for maintenance, repair, and/or replacement in the event  ofacasualty, regardless of ownership;  (ii) Commercial general liability insurance insuring the Association and its Members for damage or injury caused by the negligence of the Association or any of its Members, employees, agents, or contractors while acting on its behalf. If generally available at reasonable cost, the commercial general liability coverage (including primary and umbrella coverage) shall have a combined single limit of atl least One Million and No/1001 Dollars ($1,000,000.00); provided however, should additional coverage and higher limits be available at reasonable cost which a reasonably prudent person would obtain, the Association shall obtain such additional coverages or limits;  and  (ir) Such other insurance such as workers compensation, directors and officers liability coverage, and fidelity insurance as the Board, in the exercise of its  business judgment, determines advisable.  Nothing in this Section 6.1 shall be construed as obligating the Association to obtain casualty insurance or any other insurance for any portion of a Unit or any structure or improvement located thereon or a Unit Owner's or occupant's personal property; the responsibility of the same shall be that of the Unit Owner as providedi in  Section 6.21 hereof.  (b) Policy Requirements. The Association shall arrange for a periodic review of the sufficiency of insurance coverage. All Association policies shall provide for a certificate of insurance to be furnished to the Association and, upon written request, to any Member. The policies may contain ai reasonable deductible. Int thee event of an insured loss, the deductible shall be treated as a Common Expense; provided, if the Board reasonably determines, after notice and an opportunity to be. heard in  -17-    accordance with the By-Laws, that the loss is the result of the negligence or willful misconduct of one or more Owners or their occupants, guests, invitees, or lessees, then the Board may levy a Specific Assessment in the full amount of such deductible against  such Owner(s) and his/ /her Unit(s).  The Board is authorized to obtain the insurance coverage specified in this Declaration through the Declarant and reimburse the Declarant for the cost thereof. Insurance obtained by or through the Declarant shall satisfy all insurance  responsibilities of thel Board. shall:  To the extent available at reasonable cost and terms, all Association insurance () be written with a company authorized to dol business in the State of Georgia which satisfies the requirements of the Federal National Mortgage Association, or such other secondary mortgage market agencies or federal agencies as  the Board deems appropriate;  (i) be written in the name of the Association as trustee for the Owners, who shall bei insured under such policy tot the extent oft the Owners' interest; (ii) not be brought into contribution with insurance purchased by (iv) contain ani inflation guard endorsement; and (v) include an agreed amount endorsement, if the policy contains a In addition, the Board shall use reasonable efforts tos secure insurance policies () a waiver of subrogation as to any claims against the Association's Board, officers, employees, and its manager, and the Owners and their tenants,  Owners, occupants, or their Mortgagees individually;  co-insurance clause, whichj provide:  servants, agents, and guests; payingo cash;  (i) awaiver oft thei insurer's rights tor repair and reconstruct instead of (lii) an endorsement precluding cancellation, invalidation, suspension, or non-renewal by the insurer on account of any one or more individual Owners, or on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance ofa a reasonable time to  cure;  -18-    (iv) an endorsement requiring at least thirty (30) days' prior written notice to the Association of any cancellation, substantial: modification, or non-renewal;  (v) a cross liability provision; and  (vi) a provision vesting in the Board exclusive authority to adjust (c) Damage and Destruction. Immediately after damage or destruction to all or any part of the Community covered by insurance written in the name of the Association, the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repairing and/or restoring the property to substantially its condition prior to the damage or destruction, allowing for changes or improvements necessitated by changes in applicable use or building codes. Any damage to or destruction of structures or improvements located on the Common Area shall be repaired or reconstructed unless Members representing atl least sixty-seven percent (67%) of the total votes in the Association, and Declarant, until its rights have terminated pursuant to Article XIII hereof, decide not to repair or reconstruct within ninety (90) days after the loss. If the Association determines that the damage or destruction to the Common Area shall not be repaired or reconstructed and no alternative improvements are authorized, the affected property shall be cleared ofa all debris and ruins and thereafter shall be maintained by the Association in a neat and attractive, landscaped condition consistent with the Community-Wide Standard and  losses.  this Declaration.  Any insurance proceeds remaining after paying the costs of repair or reconstruction, or after such settlement as is necessary and appropriate, shall be retained by and for the benefit of the Association and may be plaçed in a capital improvements account or otherwise used by the Board in its sole discretion. This isa covenant for the benefit of Mortgagees and may be enforced by the Mortgagee of any  affected Unit.  If insurance proceeds are insufficient to cover the costs of repair or reconstruction, the Board of Directors may, without a vote of the Members, levy a Special Assessment against those Units subject to assessment to cover the shortfall. 6.2. Owners' Insurance. Each Owner shall be responsible for insuring his or her own Unit and any structures or improvements located thereon and any personal property owned and/or maintained by the Owner or the occupants of its Unit, their respective family members, guests, or invitees, within the Unit or elsewhere in the  Community.  -19-    In the event of damage to or destruction ofi improvements or structures on or comprising a Unit, the Owner shall, within one hundred eighty (180) days thereafter, complete the repair or reconstruction of the damaged structures ori improvements in a manner consistent with the original construction or such other plans and specifications as are approved in accordance with Article IX or, in the alternative, the Owner shall clear the Unit of all debris and ruins and thereafter maintain the Unit in a neat and attractive, landscaped condition consistent with the Community-Wide Standard and this Declaration. The Owner shall pay any costs not covered by insurance proceeds. Neither the Association, the Declarant nor their respective agents, representatives, officers, directors and employees shall bear any responsibility for the maintenance or safekeeping of personal property of any Owner or occupant ofa Unit, their family, guests, or invitees, nor shall the Association, Declarant or their respective officers, directors, employees, agents and representatives be held liable for the conditions of, or any loss or damage to, any such personal property except tot the extent directly attributable to the reckless acts or willful misconduct of the Association,  Declarant, or their respective agents ore employees.  ARTICLEVII  ANNEXATION. AND WITHDRAWALOFI PROPERTY 7.1, Annexation. Without Approval of Membership. Until all of the property described on Exhibit' "B" has been subjected to this Declaration or thirty (30) years after the Recording of the Declaration, whichever is earlier, Declarant may, from time to time, unilaterally subject to the provisions of this Declaration and the jurisdiction of the Association all or any portion of the real property described in Exhibit "B." Declarant may transfer or assign the right to annex property, provided that such transfer or assignment is memorialized in a written, Recorded instrum  executed by Declarant.  Annexation shall be accomplished by Recording a Supplemental Declara describing the property being annexed. Such Supplemental Declaration shall require the consent of Members, but shall require the consent of the owner of property, if other than Declarant. Any annexation shall be effective upon the filin Record of such Supplemental Declaration, unless a later effective date is pro therein. Notwithstanding the foregoing, nothing in this Declaration shall be COI tor require the Declarant to annex or develop any oft the property set forth in Exhil 7.2. Annexation With. Approval of Membership. The Associati annex any real property to the provisions of this Declaration by Recor Supplemental Declaration with the consent of: (a) the owner of such property; affirmative vote of Members representing at least two-thirds (2/3) of the total  -20-    the. Association present in person or by proxy ata meeting duly called for such purpose; and (c) the Declarant, until its' rights have terminated as provided in Article XIII hereof. Such annexation shall be accomplished by Recording a Supplemental Declaration describing the property being annexed. Any such Supplemental Declaration shall be signed by: (x) the President and the Secretary of the Association; (y) by the owner of the property to be annexed; and (z) by Declarant, if Declarant's consent is required. Any annexation shall be effective upon the filing of Record of such Supplemental Declaration, unless a later effective date is provided therein.  7.3. Withdrawal. of Property. Declarant reserves the right to amend this Declaration so long as it has a right to annex additional property pursuant to this Section 7.1 to remove any portion of the Community from the coverage of this Declaration and the jurisdiction of the Association, provided such withdrawal is not unequivocally contrary to the overall, uniform scheme of development for the Community. Any such withdrawal shall be accomplished by filing an amendment to the Declaration describing the property to be removed from the provisions of the Declaration and jurisdiction of the Association and such amendment shall be effective upon Recordation, unless a later effective date is provided therein. Such amendment shall be signed by: (a) the Declarant; and (b) the Owner of the property to be withdrawn, ifr not Declarant, and shall not require the consent of any other Unit Owners  int the Community.  7.4. Additional Covenants and Easements. Declarant may subject any portion of the Community to additional covenants and easements by Recording a Supplemental Declaration, concurrent with or after the annexation of the subject property, setting forth such additional covenants and easements on the property described therein. Any such Supplemental Declaration shall require the written consent of the Declarant and the owner(s) of the subject property, if other than Declarant. Any Supplemental Declaration may supplement, create exceptions to, or otherwise modify the terms of this Declaration as it applies to the subject property in order to reflect the different character and intended use ofs such property.  ARTICLEVII ASSESSMENTS  8.1. Creation of Assessments.  (a) Types. There are hereby created, and the Association is authorized to levy, three types of assessments: (a) General Assessments as described in Section8 8.3; (b) Special Assessments as described in Section 8.5; and (c) Specific Assessments as described in Section 8.6. Each Owner, by accepting a deed or entering into a Recorded  -21-    contract ofs sale for any portion of the Community, is deemed to covenant and agree to  pay these assessments.  (b) Personal Obligation and. Lien. All assessments, together with interest (computed from the due date of such assessment at a rate of ten percent (10%) per annum), late charges (in an amount equal to the greater of Ten and No/100 Dollars ($10.00) or ten percent (10%) of the assessment ori installment not paid when due), costs of collection, and reasonable attorneys' fees actually incurred, shall be a charge and continuing lien upon each Unit and also shall be the personal obligation of the Person who was the Owner of such Unit at the time the assessment arose. Upon the transfer or conveyance of title to a Unit, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of the transfer or conveyance. However, no first Mortgagee who obtains title toal Unit by exercising the remedies provided ini its Mortgage or any other purchaser ofa a Unit who obtains title to a Unit pursuant to the foreclosure of the Mortgage shall be liable for unpaid assessments which accrued prior to the date of acquisition of title. The Recording of this Declaration shall constitute Record notice of the existence ofal lien and not further Recordation of any lien shall be  required.  Assessments shall be paid in such manner and on such dates as the Board may establish. The Board may require advance payment of assessments at the closing oft the transfer of title to a Unit. The General Assessment shall be an annual assessmen due and payable in advance on the first day of each fiscal year; provided, the Bo may by resolution permit payment in two or more installments or change the due of the General Assessment. If any Owner is delinquent in paying any assessme installment thereof or any other charge levied on his Unit, the Board may, upon days written notice, accelerate the installments and require the General Assessm be paid in full immediately. All payments shall be applied first to costs, then to charges, then toi interest and then to delinquent assessments. As provided in O.C.G Section 44-5-60(e), the obligation for the payment of assessments and fees hereunder shall include costs of collection, which shall include, without limit reasonable attorneys' fees actually incurred and the award of attorneys' fees shall construed in accordance with O.C.G.A. Section 13-1-11(a)(2).  Except for those Units which are not subject to assessment pursu Section 8.8 hereof, no Owner may be exempt from liability for assessments reason, including, without limitation: (a) non-use of Common Area, including, limitation, non-use of the Community recreational facilities; (b) abandonmen Unit; or (c) any other means. No diminution or abatement of assessments shall be claimed or allowed for any alleged failure of the Association or Board some action or perform some function required ofi it, or for inconvenience or dis arising from the making of repairs or improvements, or from any other action  -22-    The obligation to pay assessments is a separate and independent covenant on the part  ofe each Owner.  The Association is specifically authorized to enter into subsidy contracts or contracts for "in kind" contribution of services, materials, or a combination of services and materials with Declarant or other entities for the payment of Common Expenses. 8.2. Declarant's Obligation for Assessments; Budget Deficit During Declarant Control. As provided in Section 8.8 hereof, Declarant shall not be liable for the payment of assessments oni its unsold Units. However, Declarant may, but shall not be obligated to, annually elect to contribute to the Association the difference between the amount of assessments levied on all other Units subject to assessment and the amount of the Association's actual expenditures during the fiscal year (a "Subsidy"). Any Subsidy may be treated, in Declarant's discretion, as either: (a) a voluntary contribution; (b) an advance against future assessments (if any); or (c) a loan by Declarant to the Association. A Subsidy may be evidenced by one or more promissory notes from the Association in favor of Declarant or Declarant may cause the Association to borrow such amount from a commercial lending institution at the then prevailing rates for such a loan in the local area of the Community; provided, however, no Mortgage secured by the Common Area or any oft the improvements maintained by the Association shall be given in connection with such loan unless the loan has been approved by Owners of at least two-thirds (2/3) of the Units in accordance with Section 2.1(g) hereof. Any Subsidy shall be disclosed as a line item int the annual budget. The payment ofa Subsidy in any year shall under no circumstances obligate Declarant to  continue payment ofs such Subsidy inf future years.  8.3. Computation. of Budget and General Assessments. At least thirty (30) days before the beginning of each fiscal year, the Board shall prepare a budget covering the estimated Common Expenses during the coming year. General Assessments shall be fixed at a uniform rate for all Units subject to assessment under Section 8.8. In determining the total funds tol be generated through the levy of General Assessments, the Board, ini its discretion, may consider other sources of funds available to the Association, including the surplus from prior years and any assessment income expected tol be generated from any additional Units, ifâny.  The budget and notice of the amount of the General Assessment for the following year shall be available to each Owner atl least thirty (30) days prior to the due date oft the General Assessment or any installment thereof. The budget and the General Assessment shall become effective unless disapproved at a meeting by at least sixty- seven percent (67%) of the total vote of the Association and the Declarant until its rights have terminated pursuant to Article XIII hereof. There shall be no obligation to call such a meeting unless a petition for a special meeting is presented to the Board within ten (10) days of the delivery oft the notice oft the General Assessment.  -23-    Ifa budget is not adopted for any year or the budget is disapproved by the Association and Declarant as provided herein, then until such time as a budget is adopted, the budget in effect for the immediately preceding year shall continue for the  current year.  8.4. Reservel Budget and Initiation Fee.  (a) Reserve Budget. The Board may prepare a reserve budget which takes into account the number and nature of replaceable assets within the Area Common Responsibility, the expected life of each asset, and the expected repair replacement cost. If established, the Board shall include as a line item in the an budget a capital contribution in an amount sufficient tor meet the Association's projecte needs over the budget period. There shall be no obligation to establishai reserve budget and make such assessments. If reserves are not established or are insufficient for repair or replacement of any capital asset, Special Assessments may be levied  providedi in Section 8.51 hereof.  (b) Initiation Fee. Upon each and every conveyance of title Unit in the Community after a certificate of occupancy has been issued residential dwelling located thereon, an initiation fee in an amount determined Board of Directors in its sole discretion ("Initiation Fee"), shall be made by or of the new Owner to the Association as set forth below. The Initiation Fee Specific Assessment against the Unit and shall be in additional to, not in lieu General or Special Assessments. The Initiation Fee shall be payable at closing, paid at closing, paid immediately upon demand by the Association, shall prorated, and the Association shall have all rights under the Declaration to coll Specific Assessment ifiti is not paid. The Initiation Fee may be used by the Ass for any purpose which provides a direct benefit to the Community, including, limitation, for the payment of operating expenses of the Association and other incurred by the Association pursuant to the provisions of this Declaratio Initiation Fee shall not apply to the holder of any first Mortgage on a Unit who the Owner ofal Unit through foreclosure or any other means pursuant to thes satisf the indebtedness secured by such Mortgage, but shall apply to the Owner acqui  tot the Unit from the foreclosing Mortgagee.  8.5. Special Assessments. In addition to other authorized assessm Association may levy Special Assessments against all Owners in the Communi time to time to cover unbudgeted or unanticipated expenses or expenses in those budgeted. Except for Special Assessments authorized under Section 6.1 any Special Assessment which would exceed the amount of the General Asses attributable to a Unit in any fiscal year shall require the affirmative vote or consent of a majority of the total votes in the Association, and the written consent of  -24-    Declarant until its rights have terminated pursuant to Article XIII hereof in order to be effective. Special Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. Special Assessments shall be levied equally on all Units subject to assessment under Section 8.8. 8.6. Specific Assessments. The Association shall have the power to levy Specific Assessments against aj particular Unit or Units as follows: (a) to cover the costs, including overhead and/or administrative costs, of providing benefits, items, or services to the Unit or occupants thereof upon request of the Owner pursuant to a menu of special services which the Board may from time to time authorize to be offered to Owners and occupants in the Community (which might include, without limitation, landscape maintenance or pest control), which assessments may be levied in advance of the provision of the requested benefit, item, or service or as a deposit against charges tol bei incurred by the Owner; and  (b) to cover costs incurred in bringing the Unit into compliance with the terms of this Declaration, any applicable Supplemental Declaration, the By-Laws, Design Guidelines or the Use Restrictions and Rules; provided, however, prior to the imposition of any monetary fines, the Board shall provide the Unit Owner with prior written notice and an opportunity for a hearing in accordance with Section 3.22 of the  By-Laws.  By way of explanation and not limitation, the following shall constitute Specific Assessments: (a) fines; (b) the Initiation Fee; and (c) the cost of maintenance performed by the Association which ist the responsibility ofa Unit Owner.  In addition to the foregoing, the Board of Directors may also specifically assess Owners for Association expenses as follows: (a) expenses of the Association which benefit less than all of the Units may be specifically assessed equitably among all of the Units which are benefited according to the benefit received; (b) expenses of the Association which benefit all Units, but do not provide an equal benefit to all Units, may be specifically assessed equitably among all Units according to the benefit received; and (c) expenses of the Association which are attributable to or caused by a particular Owner or the occupants, guests, licensees or invitees of such Owner may be  specifically assessed against the Unit ofs such Owner.  8.7. Nonpayment of Assessments; Lien for Assessments. The Association shall have a lien against each Unit tos secure payment of delinquent assessments, as well as interest, late charges, costs of collection, and reasonable attorneys' fees actually incurred as provided in this Article VIII. Such lien shall be superior to all other liens, except: (a) the liens of all taxes, bonds, assessments, and other levies which by law  -25-    would be superior; and (b) the lien or charge of any first Mortgage of Record (meaning any Recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment, and foreclosure int the same manner as mortgages are foreclosed under Georgia law. Any assessment or installment thereof delinquent for a period of more than ten (10) days shall incur a late charge (in an amount equal to the greater of Ten and No/1001 Dollars ($10.00) or ten percent (10%) of the assessment or installment not paid when due) andi interest (computed from the due date ofs such assessment ata rate oft ten percent (10%) per annum). As provided in O.C.G.A. Section 44-5-60(e), the obligation for the payment of assessments and fees arising hereunder shall include costs of collection, which shall include, without limitation, reasonable attorneys' fees actually incurred and the award of attorneys' fees shall not be construed in accordance with  O.C.G.A. Section 13-1-11(a)(2).  The Association may cause a notice of delinquency to be given to any Owner who has not paid within ten (10) days following the due date. In the event that the assessment remains unpaid after sixty (60) days, the Association may institute suit to collect such amounts and/or to foreclose its lien. The Association may file a claim of lien with the Office of the Clerk of Superior Court of Forsyth County, Georgia, but no such claim of lien shall be required to establish or perfect the lien for unpaid assessments. The Association may also suspend the membership rights of an Owner, including the right to vote, the right to use and enjoy the Common Area, including, without limitation, the right to use and enjoy the Community recreational facilities, and the right to receive any services or benefits provided to such Unit by the Association, if any. Any suspension shall not affect an Owner's obligation to pay assessments coming due during the period of such suspension and shall not affect the permanent lien on  such Unit inf favor of the Association.  The Association may bid for the Unit at the foreclosure sale and acquire, hold, lease, mortgage, and convey such Unit. While the Association owns a Unit following foreclosure: (a) no right to vote shall be exercised oni its behalf; (b) no assessment shall be levied on it; and (c) each other Unit shall be charged, in addition to its usual assessment, its pro rata share of the General Assessment that would have been charged tot the foreclosed Unit had it not been acquired by the Association. The Association may sue for unpaid assessments and other charges authorized hereunder without  foreclosing or waiving the lien securing the same.  The sale or transfer of any Unit shall not affect the assessment lien or relieve such Unit from the lien for any subsequent assessments. However, the sale or transfer of any Unit pursuant to foreclosure of the first Mortgage shall extinguish the lien as to any installments of such assessments arising prior tos such sale or transfer. Al Mortgagee or other purchaser ofa Unit who obtains title pursuant to foreclosure of the Mortgage  -26-    shall not be personally liable for assessments on such Unit arising prior to the date of acquisition of title. Such unpaid assessments shall be deemed to! be Common Expenses collectible. from Owners of all Units subject to assessment under Section 8.8.  8.8. Date of Commencement of Assessments. The obligation to pay assessments shall commence as to each Unit on the first day of the month after such Unit has been issued a certificate of occupancy for the residential dwelling located thereon by the appropriate governmental agency and conveyed toal Person intending to occupy said Unit for residential use or use such Unit for residential purposes. The first annual General Assessment levied on each Unit shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Unit. Any Unit which has been approved by Declarant for use as a model home for marketing and sales purposes shall not be deemed to be occupied for residential purposes and shall not be subject to assessments under this Declaration whether owned by Declarant or any other Person, sol long as such Unit is approved for use as a model  home.  8.9. Failure to Assess. The failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation toj pay assessments. Insuch event, each Owner shall continue to pay General Assessments ont the same basis as the last year for which an assessment was made, if any, until a new assessment is levied, at which time the Association may retroactively assess any shortfalls in  collections.  8.10. Exempt Property. The following property shall be exempt from the (a) All Common Area and such portions of the Community owned by Declarant which are included in the Area of Common Responsibility pursuant to  payment ofa assessments:  Section 5.1;  (b) Any property dedicated to and accepted by any governmental (c) Any property acquired by the Association at a foreclosure sale as set (d) Any Unit which is not subject to assessment pursuant to Section 8.8 8.11 Estoppel Letter. Any Owner, Mortgagee, or a Person having executeda contract for the purchase ofal Unit, or a lender considering a loan tol bes secured bya  authority or public utility; forthi in Section 8.71 hereof; and  hereof.  -27-    Unit, shalll be entitled, upon written request, to a statement from the Association ori its managing agents setting forth the amount of assessments past due and unpaid, including any late charges, interest, fines, or other charges levied against that Unit. Such request shalll be delivered to the registered office oft the Association, and shall state ana address to which the statement: ist to! be directed. The Association shall, within five (5) business days after receiving a written request therefor, certify tot the amount of any unpaid assessments constituting a lien on a specified Unit. The Association: may charge ai reasonable fee as may be permitted by law asa prerequisite to thei issuance ofs such statement. A certification letter signed by an officer of the Association or the Association's managing agent, ifa any, as to the amount of assessments due with toal Unit shall bel binding upont the Association, Itis the intent oft this provision to comply with O.C.G.A. Section 44-14-15(C), as amended.  ARTICLEI IX ARCHITECTURALSTANDARDS  9.1. General. No structure shall be placed, erected, ori installed upo Unit, and no improvements (including staking, clearing, other site work, alteration of existing improvements, painting or modifying fences, and planting removing landscaping materials) shall take place on a Unit except in compliance this Article and upon the approval of the Reviewer as provided in Section 9.2 her Notwithstanding the foregoing, the Board may, by resolution, exempt certain activities from the application and approval requirements of this Article provided such activities are undertaken in strict compliance with the requirements of such resolution. Any Owner may remodel, paint, or redecorate the interior of a structure located on a Unit without approval. However, modifications and/or additions tot the interior ofs screened porches, decks, patios, balconies and similar portions ofal Unit visible from outside ofa structure located on a Unit shall bes subject toa approval. Notwithstanding the foregoing, no approval shall be required to repaint the exterior of a structure located on a Unit in accordance with the originally approved color scheme or to rebuild in accordance with originally approved plans and specifications. This Article shall not apply to the  activities of Declarant or the. Association.  9.2. Architectural Review. So long as Declarant owns any property described in Exhibit "A" or Exhibit "B" for development and/ /or sale or has the right to unilaterally annex additional property to the provisions of the Declaration as provided in Section 7.1 hereof, Declarant shall have the exclusive authority to administer and enforce the architectural controls under this Article and to review and act upon all applications for construction and modifications within the Community. There shall be nos surrender or assignment, in whole ori inj part, of the rights of Declarant in this Article IXby implication or otherwise, except in a Recorded instrument executed by Declarant terminating or assigning the rights granted pursuant tot this Article IX.  -28-    Upon the expiration or surrender of Declarant's authority to administer and enforce architectural controls for all or a portion of the Community, the Board shall create and appoint an Architectural Review Committee ("ARC"), which shall have authority over modifications, additions, or alterations made on or to existing structures or improvements located on Units. The ARC shall consist of either three (3) or five (5) persons, determined in the sole discretion of the Board, who shall be appointed by, serve at the discretion of, and may be removed in the Board's discretion. Notwithstanding anything to the contrary herein, until Declarant's authority expires as provided herein, the ARC shall have no rights or authority except as Declarant may  assign in a written Recorded instrument.  For the purposes of this Article IX, the entity having jurisdiction in a particular case (the Declarant or the ARC, as the case may be) shall bei referred to ast the "Reviewer." The Reviewer may delegate certain rights and responsibilities to qualified individuals toa act oni itsl behalf, and their compensation, ifa any, shall bee established from  time to time by Declarant or thel Board, as applicable. 9.3. Guidelines and Procedures.  (a) Design Guidelines. Declarant may prepare architectural standards or design guidelines ("Design Guidelines") for the Community. The Design Guidelines are not the exclusive basis for decisions, but they may provide guidance ons specific matters relating to construction activity and modifications to existing structures and improvements located on Units in the Community. Declarant shall have the sole and full authority to adopt or amend the Design Guidelines until such time as its rights terminate as provided in Article XIII hereof or are voluntarily surrendered as provided herein. Thereafter, the ARC, with the consent of the Board, shall have the authority to adopt, amend, repeal or modify the Design Guidelines. Owners shall conduct any construction, alteration or modification in accordance with the Design Guidelines. AlI Owners and occupants of Units are given notice that the use of their Units is limited by the Design Guidelines, as they may be expanded, modified or amended hereunder. Each Owner, by acceptance of a deed or entering into and Recording a contract ofs sale, acknowledges and agrees that the use and enjoyment andi marketability of his or her Unit may be affected and that the Design Guidelines may change from time tot time, and that such changes may not be reflected inal Recorded instrument. (b) Procedures. Prior to commencing any activity subject to review under this Article IX, an Owner shall submit an application in writing of the proposed work to the Reviewer for approval. Such application shall be in the form required by the Reviewer and shall include plans and specifications showing the site layout, structural design, exterior elevations, exterior materials and colors, signs, landscaping,  -29-    drainage, lighting, irrigation system, utility facilities layout, and other features of proposed construction, as applicable (collectively, the "Plans") and any other information the Reviewer may reasonably require. Before an Owner may begin the proposed work, the application and Plans must be approved in writing by the Reviewer in accordance with the procedures described below. In addition to the foregoing, the Reviewer may charge a reasonable review fee, to be paid in full, prior to reviewing the Plans to cover the reasonable costs incurred in having the application and Plans reviewed by architects, engineers or other professionals.  Inreviewing each submission, the Reviewer may consider whatever factors it deems relevant, including, but not limited to, harmony of external design with surrounding structures and environment and location in relation to surrounding structures, topography, and finish grade elevation. Decisions of the Reviewer may be based on purely aesthetic considerations. Each Owner acknowledges that opinions on aesthetic matters are purely subjective and may vary over time and among different Persons. The Reviewer may require relocation of native plants within the construction site, screening, and landscaping asa condition ofa approval of any submission. The Reviewer shall respond in writing to an application within sixty (60) days of receipt thereof at an address specified by the Owner at the time of submission. The response issued by the Reviewer may: (1) approve the application and Plans in their entirety; (ii) approve a portion of, segments or features of the Plans, and disapprove other portions; or (ini) disapprove the application and Plans if they are inconsistent or not in conformity with this Declaration and/or the Design Guidelines. The Reviewer may, but shall not be obligated to, set forth the reasons for such finding, and it may make suggestions too cure objections to an application. In the event the Reviewer fails to respond toas submitted application within sixty (60) days, approval shall be deemed to have been given; provided, no construction which is inconsistent with the Governing Documents shall be deemed approved unless a written variance has been issued. Notice shall be deemed to have been given at the time the envelope containing the response is deposited with the U.S. Postal Service. Personal delivery of such written notice shall, however, be sufficient and shall be deemed tol have been given at the time  of delivery to the submitting party.  If construction does not commence on a project which has been approved within one hundred eighty (180) days of the date of such approval, such approval shall be deemed withdrawn, and it shall be necessary for the Owner to reapply for approval. Ifconstruction is not completed ona a project for which plans have been approved within ap period set forth in the Design Guidelines or in the approval, such approval shall be deemed withdrawn, and such incomplete construction shall be deemed to be in violation of this Article and the Owner will need to re-submit thel Plans to the Reviewer  for reconsideration.  -30-    9.4. No Waiver of Future Approvals. Each Owner acknowledges that the Reviewer will change from time to time and that the interpretation, application, and enforcement of the Design Guidelines may vary accordingly. Approval of proposals, Plans and specifications, or drawings for any work done or proposed, or in connection with any other matter requiring approval, shall not be deemed to constitute: a waiver of the right to withhold approval as to any similar proposals, plans and specifications, drawings, or other matters subsequently or additionally submitted for approval. 9.5. Variance. The Reviewer may authorize written variances from its guidelines and procedures, but only: (a)in accordance with duly adopted rules and regulations; (b)v when unique circumstances dictate, such as unusual topography, natural obstructions, hardship, or aesthetic or environmental considerations; and (c) when construction in accordance with the variance would be consistent with the purposes of the Declaration, the development of the Community, and compatible with existing and anticipated uses of adjoining properties. For purposes of this Section, the inability to obtain governmental approval, or the terms of any financing shall not be  considered a hardship warrantinga variance.  9.6. Limitation of Liability. The requirements and procedures established by this Article are intended to enhance the overall aesthetics of the Community and shall not create any duty to any Person. The Reviewer shall not bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes, permitting requirements, zoning conditions and other applicable governmental requirements or local ordinances or rules governing construction in the Community, nor for ensuring the appropriateness of soils, drainage, and general site work. Neither Declarant, the Association, the Board, any committee, nor their respective officers, members, employees, representatives or agents shall be held liable for anyi injury, damages, orl loss arising out of the manner or quality of approved construction on or modifications to any Unit or for any violation of building codes, permitting requirements, zoning conditions or other violations of applicable governmental requirements, laws and ordinances. In all matters, the Association shall defend and indemnify Declarant, the  reviewing body, and their members.  9.7. Enforcement. Any structure, improvement or landscaping improvement placed or made in violation oft this Article or the Design Guidelines shall be deemed to be nonconforming. Upon written: request from the Declarant or the ARC, as the case may be, Owners shall, at their own cost and expense, remove such nonconforming structure or improvement and restore the property to substantially the same condition as existed prior to the nonconforming work. Should an Owner fail to remove and restore as required, Declarant or the Board, as applicable, shall have the right tol Record a notice of violation and to enter the property, remove the violation, and restore the property to substantially the same condition as previously existed. All costs,  -31-    including, without limitation, reasonable attorneys' fees actually incurred, may be assessed against the Unit and collected as a Specific Assessment. In addition, the Declarant or the Association, as the case may be, or their duly authorized agents, shall have the right to enter a Unit to determine whether these restrictive covenants arel being complied with and such conduct shall not be deemed a trespass; provided, however, nothing herein shall permit the Reviewer, or its duly authorized agents, to enter any residential dwelling located on such Unit without the consent of the Owner. The Declarant, the Board, the ARC and their respective officers, directors, members, employees, agents or representatives shall not bel liable for claims of damage associated with the removal of any noncontorming structure or improvement in accordance with  the procedures set forth herein,  Unless otherwise specified in writing by the Reviewer, all approvals granted hereunder shall be deemed conditioned upon completion of all elements of the approved work and all work previously approved with respect to the same Unit, unless approval to modify any application has been obtained. In the event that any Person fails to commence and diligently pursue to completion all approved work, the Association shall be authorized, after notice to the Owner of the Unit and an opportunity to be heard in accordance with the By-Laws, to enter upon the Unit and remove or complete any incomplete work and to assess all costs incurred against the Unit and the Owner thereof as a Specific Assessment, which costs may include reasonable attorneys' fees actually incurred. The Declarant, the ARC, the Association and their respective officers, directors, employees, representatives or agents shall not be held liable for any claims resulting from removing or completing the incomplete work  as provided herein.  Any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of this Article and the Design Guidelines may be excluded by the Board from the Community, subject to applicable notice and hearing procedures contained int the By-Laws.  Ini the event of noncompliance with this Article, the Association orl Declarant, as applicable, may Record in the appropriate land records a notice of violation hereunder naming the violating Owner. The Association and Declarant shall alsol have the authority and standing to pursue all legal and equitable remedies available enforce the provisions of this Article and the decisions of the Reviewer, including without limitation, the right to levy and collect fines as provided herein, subjec  applicable notice provisions.  -32-    ARTICLEX USE RESTRICTIONS. ANDRULES  10.1. Plan of Development Applicability; Effect. Declarant has established a general plan of development for the Community in order to enhance all Owners' collective interests, subject to the Board's and the Members' ability to respond to changes in circumstances, conditions, and desires within the Community. The initial Use Restrictions and Rules, attached as Exhibit "C". hereto and by this reference incorporated herein, establish affirmative and negative covenants, easements, and  restrictions on the land subject tot this Declaration.  All provisions of this Declaration and any Association rules shall apply to all Owners, occupants, tenants, guests, and invitees of any Unit. Any lease agreement for the lease ofa Unit shall provide that the lessee and all occupants of the leased Unit shall bel bound by the terms oft the Governing Documents, as provided in Article XVI hereof. 10.2. Authority to] Promulgate Use Restrictions and Rules. The initial Use Restrictions and Rules applicable to the Community may be modified in whole or in  part, repealed, or expanded as follows:  (a) Bythe Board. Subject to the Board's duty to exercise business judgment and reasonableness on behalf of the Association and its Members and subject to the limitation set forth in Section 10.2(e) hereof, the Board may adopt rules which modify, clarify, cancel, limit, create exceptions to, or expand the initial Use Restrictions and Rules by a majority vote of the directors at any Board meeting. The Board shall send notice by mail to all Owners concerning any such proposed action atl least five (5) business days prior to the Board meeting at which such action is to be considered. Members shall have a reasonable opportunity to be heard at such Board meeting prior  to any action being taken.  Such proposed rule or restriction shall become effective unless disapproved ata meeting duly called for such purpose by Members representing at least fifty-one percent (51%) of the total Association vote and by Declarant, so long as Declarant owns any property described on Exhibit "A" or Exhibit "B" or has the right to unilaterally annex additional property to the Declaration, subject to the notice provision in subsection (c) hereof. The Board shall have no obligation to call a meeting of the Members to consider disapproval of a proposed revision, modification or expansion of the Initial Use Restrictions and Rules except upon petition of the Members as required  for special meetings in the By-Laws.  (b) By the Members. Alternatively, the Members, at a meeting duly called for such purpose as provided in the By-Laws, may adopt rules which modify,  -33-    clarify, cancel, limit, create exceptions to, or expand the use restrictions and rules previously adopted by a vote of Members representing at least fifty-one percent (51%) oft the total votes in the Association and the approval of Declarant, so long as Declarant owns any property described on Exhibit "A" or Exhibit "B" or has the right to unilaterally annex additional property tot this Declaration.  (c) At least thirty (30) days prior tot the effective date of any action taken under subsections (a) or (b) of this Section 10.2, the Board shall send a copy of the newly-adopted rule to each Owner. The Association shall provide, without cost, a copy oft the Use Restrictions and Rules then in effect to any requesting Member orl Mortgagee. (d) The foregoing procedures shall not apply to the enactment and enforcement of administrative rules and regulations governing the use oft the Common Area unless the Board chooses ini its discretion to submit tos such procedures. Examples of such administrative rules and regulations shall include, but not be limited to, landscape maintenance to the Common Area. The Board has the right to enact, amend, and enforce such administrative rules and regulations.  (e) Notwithstanding anything to the contrary in this Section 10.2, any proposed new rule, regulation or use restriction or any modification of an existing rule, regulation or use restriction which materially adversely affects the substantive rights of any Owner to use and enjoy his or her Unit or adversely affects title to a Unit shall be adopted ina accordance with the amendment procedure set forth in Section 15.21 hereof. () The foregoing procedures shall not restrict or apply to amendments tot this Declaration as provided in Section 15.2 or the Design Guidelines enacted under  Section 9.3.  10.3. Owners' Acknowledgment All Owners and occupants of Units are given notice that the use of their Unit or Units is limited by the Use Restrictions and Rules as they may be amended, expanded, and otherwise modified hereunder. Each Owner, by acceptance of a deed or entering into and Recording a contract of sale, acknowledges and agrees that the use and enjoyment and marketability of his or her Unit can be affected, that the Use Restrictions and Rules may change from time to time, and that any modification, expansion or cancelation may not be reflected inal Recorded  instrument.  10.4. Rights of Owners. Except as may be specifically set forth in this Declaration (either initially or by amendment), neither the Board nor the Members may adopt any rule in violation oft thef following provisions:  (a) Similar Treatment. Similarly situated Owners and occupants shall be  treated similarly.  -34-    (b) Holiday Displays. The Board may adopt reasonable rules and regulations governing, limiting or prohibiting the display of religious and holiday signs, symbols, and decorations outside ofas structure located on a Unit, and may adopt reasonable time, place, and manner restrictions for the purpose of minimizing damage  and disturbance to other Owners and occupants.  (c) Activities Within Dwellings. No rule shall interfere with the activities carried on within the confines of a dwelling located on a Unit, except that the Association may, in its sole discretion, prohibit activities not normally associated with property restricted to residential use, and it may restrict or prohibit any activities that: () create monetary costs for the Association, including, without limitation, any increase in Association insurance premiums, or other Owners; (i) create a danger to the health or safety of others; (iii) generate excessive noise or traffic; (iv) create unsightly conditions visible from outside of the dwelling; or (v) create an unreasonable source of annoyance. Nothing herein shall prevent Declarant from maintaining model homes, speculative housing, sales trailers or construction trailers located on Units in the  Community.  (d) Leasing Restrictions. Leasing of Units shall be the governed by the (e) Reasonable Rights to Develop. No rule or action adopted by the Association or Board shall unreasonably impede Declarant's right to develop, construct, market or sell residential dwellings located on Unitsi int the Community.  provisions of Article XVI hereof.  () Abridging Existing Rights. If any rule would otherwise require Owners or occupants of Units to dispose of personal property whicht they maintained in or on the Unit prior to the effective date of such rule, or to vacate a Unit in which they resided prior to the effective date of such rule, and such property was maintained or such occupancy was in compliance with this Declaration and all rules previously in force, such rules shall not apply to any such Owners without their written consent unless the rule was in effect at the time such Owners or occupants acquired their interest in the  Unit.  (g) Activities Incidental to Construction. No rule imposed or action taken by the Association shall impede Declarant or builders authorized by Declarant or other Owners with the consent of the Declarant from maintaining upon the Common Area and Units which they own any facilities necessary ori incidental tot the construction orsale of Units. By way of example and not limitation, no rule shall prohibit Declarant or builders authorized by Declarant from: () installing signs, maintaining temporary structures for use during construction of a Unit, including, without limitation, construction trailers and sales trailers; (ii) using any dwelling on a Unit as a sales office;  -35-    or (in) maintaining model homes or speculative housing on Units within the  Community.  () No Discrimination. No rule shall have the effect of discriminating against any Person on the basis of race, creed, color, national origin, religion, The limitations in this Section 10,4 shall apply only to Use Restrictions and adopted or amended in accordance with Section 10.2. Any change to the leasing restriction: set forth in Article) XVI hereof shall be adopted in accordance with the amendment provisions set forth in Section 15.2of this Declaration.  familial status or handicap.  ARTICLEXI EASEMENTS  11.1. Easements of Encroachment. There shall be reciprocal appurte easements of encroachment, and for maintenance and use of any perm encroachment, between each Unit and any adjacent Common Area and bet adjacent Units due to the unintentional placement or settling or shifting of improvements constructed, reconstructed, or altered thereon (in accordance with terms of these restrictions) to a distance of not more than three feet, as measured from any point on the common boundary along a line perpendicular to such boundary. However, in no event shall an easement for encroachment exist if such encroachment occurred due tot the willful and knowing conduct ont the part of, or with the knowledge and consent of, thel Person claiming the benefit of such easement. 11.2. Easements for Utilities, Etc.  (a) There are hereby reserved to Declarant, the Association, and the designees of each (which may include, without limitation, any governmental or quasi- governmental entity and any utility company) perpetual non-exclusive easements upon, across, over, and under all of the Community (but not through any structure, including, without limitation, any residential dwelling, located on a Unit) to the extent reasonably necessary for the purpose of monitoring, replacing, repairing, maintaining and operating cable television systems, master television antenna systems, and other devices for sending and/or receiving data and/or other electronic signals; security and similar systems; roads, walkways, pathways, and trails; drainage systems; street lights and signage; and all utilities, including, but not limited to, water, sewers, telephone, gas, and electricity, and utility meters; and for the purpose of installing any of the foregoing on property which Declarant or the Association owns or within easements designated for such purposes on) Recorded Plats of the Community.  -36-    Declarant specifically grants to the local water supplier, electric company, and natural gas supplier easements across the Community for ingress, egress, installing, reading, replacing, repairing, and maintaining utility lines, meters, and boxes, as applicable. The Board of Directors, without a vote of the Owners, shall have the right, power and authority to grant permits, licenses, utility easements and other easements under, through, or over the Units and/or the Common Area as may be reasonably necessary to or desirable for the proper maintenance and ongoing operation of the  Community.  (b) There is hereby reserved tol Declarant, so long as Declarant owns any property described on Exhibit "A" or Exhibit "B" or has the right to unilaterally annex additional property to this Declaration, the non-exclusive right and power to grant such specific easements as may be necessary, in the sole discretion of Declarant, in connection with the orderly development of any property described on Exhibit"A" or Exhibit "B." To the extent reasonably possible, such easements over Units shall be limited tos setback areas adjacent tot thej perimeter boundary ofe each Unit.  (c) Any damage to a Unit resulting from the exercise of the easements described in this Section 11.2 hereof shall promptly be repaired by, and at the expense of, the Person exercising the easement. The exercise of these easements shall not permit entry into any structure located on a Unit, nor shall it unreasonably interfere with the use of any Unit and, except in an emergency, entry onto any Unit shall be made only  after reasonable notice tot the Owner or occupant.  11.3. Easements for. Drainage. Declarant hereby reserves a perpetual easement across the entire Community for the purpose of altering drainage and water flow. This right shall include, but is not limited to, altering swales, installing drains, drainage ditches, pipes, inlets, headwalls, and altering channeling, or piping water flow across any Unit or any property in the Community. Rights exercised pursuant to this reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole cost and  expense.  The Declarant and Association, in compliance with any applicable laws and regulations, shall have a blanket easement to pump water from any water bodies within the Community for irrigation purposes. No fences, structures, driveways, plantings, swings, wood piles, dog runs, or any other objects, temporary or permanent, shall be permitted in such areas without the Association's prior written approval, other than  those initially installed by Declarant.  11.4. Easements to Serve Additional Property. Declarant, and its duly authorized agents, representatives, employees, successors, assigns, licensees, and  -37-    Mortgagees hereby reserve an easement over the Common Area for the purposes of enjoyment, use, access, and development of any property described in Exhibit "B," whether or not such property is made subject to this Declaration. This easement includes, but is not limited to, a right of ingress and egress over the Common Area for connecting and installing utilities on or through such property. Declarant agrees that it and its successors or assigns shall not be responsible for any damage caused to the Common Area as a result of the exercise of this easement and such damage shall be repaired by thel Person causing such damage ati its sole cost and expense.  11.5. Right: of Entry. The Association shall have the right, but not the obligation, to enter upon any Unit for emergency, security, and safety reasons, to perform maintenance pursuant to Article V hereof, and to inspect for the purpose of ensuring compliance with the Governing Documents. Such right may be exercised by any member of the Board, the Association's officers, agents, employees, and managers, and all police officers, firefighters, ambulance personnel, and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner; provided, however, the easement granted herein shall not authorize entry onto any single family dwelling located on a Unit without the consent of the Owner. This right of entry shall include the right of the Association to enter upon any Unit to cure any condition which may increase the possibility ofa fire, slope erosion, or other hazard in the event an Owner fails or refuses to cure the condition within a reasonable period of  time after requested by the Board.  11.6. Landscaping and Signage Easements. Declarant hereby reserves for itself and the Association perpetual, non-exclusive easements exercisable by their respective employees, agents, and contractors over those portions of the Community designated as "Landscaping and Signage Easements" (or similar label), if any, on the Recorded subdivision Plats relating to the Community for the purpose of installing, maintaining, repairing, and replacing lot bollards, neighborhood entrance monuments, signs, fences, lighting, irrigation systems, and landscaping within such easement areas regardless of whether the same are located on Units, Common Area or within a public right-of-way. Nothing herein shall obligate Declarant or the Association to such easements or to construct ori install any of the foregoing within any Landsca and Signage Easement or such similar area identified on the Plat.  11.7. Easement tol Inspect and Right to Correct. Declarant reserves and others it may designate the right toi inspect, monitor, test, redesign, and cor structure, improvement, thing, or condition which may exist on any portior property within the Community, including Units, and a perpetual, none easement of access throughout the Community to the extent reasonably nece exercise such right. Except in an emergency, entry onto a Unit shall be onl reasonable notice to the Owner and no entryi into a dwelling located on a Unit  -38-    permitted without the consent oft the Owner. The Person exercising this easement shall promptly repair, at such Person's own cost and expense, any damage resulting from  such exercise.  11.8 Construction and Sale Easement. Notwithstanding any provisions contained in the Declaration, the By-Laws, Articles of Incorporation, use restrictions, rules and regulations, Design Guidelines, and any amendments thereto, Declarant reserves for itself and any builder or developer approved by Declarant until Declarant's right unilaterally to subject property to this Declaration terminates and thereafter so long as Declarant or any builder or developer approved by Declarant owns any property in the Community to maintain and carry on development activities, upon such portion oft the Community as Declarant may reasonably deem necessary. This reserved easement shall include an easement for such facilities and activities which, in the sole opinion of Declarant, may be required, convenient, or incidental to the development, construction, and sales activities related to property within or near the Community. (a) The right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on, ori ina any portion of the Community,  This easement shall include, without limitation:  including, without limitation, any Unit; parking areas and walkways;  (b) The right to tie into any portion of the Community with driveways, (c) The right to tiei into or otherwise connect and use (withouta a tap-on or any other fee for sO doing), replace, relocate, maintain, and repair any device which  provides utility or similar services; Common Area;  (d) The right (but not the obligation) to construct recreational facilities on (e) The right to carry on sales and promotional activities in the Community; (f) The right to place directional and marketing signs on any portion of the (g) The right to construct and operate business offices, signs, construction trailers, model residences, and sales offices and other activities incidental to the construction, development and sales of Units int the Community; and (h) The right of Declarant and any builder or developer with the consent of the Declarant to use residences, offices, or other buildings owned or leased by Declarant or such builder or developer as model residences and sales offices. Rights exercised  Community, including any Unit or Common Area;  -39-    pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, and reasonable steps shall be taken to protect such property from damage. Any damage shall be repaired by the Person  causing the damage ati its sole cost and expense.  11.9 Fence Easement. Declarant hereby reserves for itself an easement across any Unit which borders upon or contains a portion of any detention pond or retention pond for the purpose of access tos such detention pond or retention pond, and for the purpose of erecting any fence which is either required by the subdivision development and construction plans or governmental regulation, rule, ordinance, or plan approval requirement. In addition to the foregoing, the Association shall have an easement to maintain any fence enclosing such storm water detention/retention pond, which easement area shall be three feet (3) on either side of said fence as originally  constructed.  11.10 Easement for Pedestrian. Paths and Walking Trails. Declarant hereby reserves and grants to the Association an easement for ingress, egress, installation, construction, landscaping and maintenance of the pedestrian paths and walking trails in the Community, over and upon any portion of the Community containing such pedestrian paths or walking trails as may be shown on one or more Recorded Plats. The easement herein granted shall permit joint usage of such easement by: (a) the Owners and occupants, (b) the legal representatives, successors and assigns of the Owners, and (c) guests of the Owners and occupants. Declarant hereby expressly reserves for itself, its successors and assigns, all rights and privileges incident to the ownership of the fee simple estate of the pedestrian paths which are not inconsistent with the rights and privileges herein granted, including, without limitation, the right to grant additional non-exclusive easements to third parties, over, under. and across the pedestrian paths or walking trails, The easement hereby granted shall include, without limitation, the right to erect appropriate signs, grading adjacent property for proper  drainage, and related activities and improvements.  ARTICLEXII MORTCGAGETROVISIONS  The following provisions are for the benefit of holders, insurers guarantors off first Mortgages on Units in the Community. 12.1 Audit. Upon the written request of any institutional holder Mortgage and upon payment of all necessary costs, such Mortgagee holder entitled to receive a copy of audited financial statements of the Association  ninety (90) days of the date of the request.  -40-    12.2 No Priority. No provision of this Declaration or the By-Laws gives any Owner or other party priority over any rights ofal Mortgagee of any Unit in the case of distribution tos such Owner of insurance proceeds or condemnation. awards for losses to  orat taking of the Common Area.  ARTICLEXIII DECLARANTRIGHIS  Any or all of the special rights and obligations of Declarant set forth in this Declaration or the By-Laws may be transferred or assigned in whole or inj part to other Persons, provided that the transfer or assignment shall not reduce an obligation nor enlarge a right beyond that which Declarant has under this Declaration or the By-Laws. No transfer or assignment of the rights of Declarant provided for herein shall be effective unless itis ina written instrument signed by Declarant and duly Recorded. Declarant and builders authorized by Declarant may maintain and carry on without fee or charge upon portions of the Common Area such facilities and activities as, in the sole opinion of Declarant, may be reasonably required, convenient, or incidental to the construction or sale of Units, including, but not limited to, business offices, signs, model homes, construction trailers and sales offices. Declarant and authorized builders shall have easements for access to and use of such facilities, Declarant shall have the right and an easement to maintain signs in the Area of Common Responsibility until its rights terminate as provided herein.  No Person shall retain an expert for the purpose of inspecting the design or construction of any structures or improvements within the Community in connection with or in anticipation of any potential or pending claim, demand, or litigation involving such design or construction unless Declarant and any builder involved in the design or construction have been first notified in writing and given an opportunity to meet with the owner of the property to discuss the owner's concerns and conduct their  owni inspection.  Notwithstanding any contrary provision of this Declaration, no amendment to or modification of any Use Restrictions and Rules, architectural standard, or Design Guideline shall be effective without prior written notice to and the written approval of Declarant until the rights ofl Declarant have terminated as provided herein.  The rights of Declarant to take, approve or consent to actions under this Declaration, the Articles of Incorporation and the By-Laws shall cease and be of no further force and effect upon the earlier of: (a) the date that the Declarant no longer owns any property described on Exhibit' "A" or Exhibit "B" and nol longer has the right to unilaterally annex additional property to the Community and each Unit has been  -41-    improved with a dwelling for which a certificate of occupancy has been issued and conveyed to an Owner intending to use the Unit for residential use or purposes; or (b) the date of Recording by Declarant in the Forsyth County, Georgia real estate records of av written instrument terminating all ofl Declarant's rights.  ARTICLEXIV  DSPUTERESOLUITIONANDUMTATIONONI LITIGATION 14.1. Agreement to Avoid Litigation. Declarant, the Association, its officers, directors, and committee members, alll Persons subject to this Declaration, any builder, and any Person not otherwise subject to this Declaration who agrees tos submit to this Article (individually, "Bound Party" and collectively, "Bound Parties") agree to encourage the amicable resolution of disputes involving the Community without the emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees that those claims, grievances or disputes described in Section 14.2 ("Claims") shall be resolved usingt the procedures set forth in Section 14.3.  14.2. Claims. All claims, grievances, or disputes arising out of or relating to the design, construction, or repair of improvements on the Community shall be subject to the provisions of Section 14.3; provided, however, any action by the Association against an Owner to enforce the provisions of this Declaration, which shall include, but not be limited to, any suit by the Association to obtain a temporary restraining order, injunctive relief or any suit or other action to collect past due assessments, shall not be subject to the provisions of Section 14.3.  In addition to the foregoing, any suit between Owners, which does not includel Declarant or the Association as aj party, and any suit in which any indispensable party is nota al Bound Party shall also be exempt from the provisions ofs Section 14.3. 14.3, Mandatory Dispute Resolution Procedures for Claims. GEORGIA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED, IMPROVED, OR REPAIRED YOUR HOME. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE. ARE DEFECTIVE. UNDER THEI LAW, A CONTRACTOR HASTHE OPPORTUNITY TO MAKE. AN OFFER TO REPAIR OR PAY FOR THE DEFEC OR BOTH. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE CONTRACTOR. THERE ARESTRICT DEADLINES AND PROCEDURES UND STATE LAW, AND THE FAILURE TO FOLLOW THEM MAY AFFECT YOUI ABILITYTOFILEALAWSUIT OR OTHER. ACTION.  -42-    FOR PURPOSES OF O.C.G.A. S 8-2-35, et seq. as amended. THE DEFINITION OF CONSTRUCTION DEFECT AS SET FORTH IN 0.C.G.A.S8-2-35  ets seq., as amended, SHALLAPPLY.  (a) Notice. The Association shall, no later than ninety (90) days before initiating an action against Declarant, or any other contractor, provide service of written notice of the claim on the respondent by certified mail or overnight delivery with return receipt. The notice of claim shall state that the Association asserts a construction defect claim or claims in the Area of Common Responsibility and is providing notice of the claim or claims. The notice of claim shall also describe the claim or claims in sufficient detail to explain the nature of the alleged construction defects and the results of the defects. In addition, the Association shall provide to the Declarant or contractor any evidence that depicts the nature and cause of the construction defect, including expert reports, photographs, and videotapes, if that evidence would be discoverable under  evidentiary rules.  (b) Authority to File Suit. An action by the Association against the Declarant or a contractor to recover damages resulting from construction defects in the Area of Common Responsibility may be maintained only after the Association complies  with the following:  (i) The Members of the Association have voted to approve commencement of an action by two-thirds (2/3) of the votes cast, by statutory written ballot as provided in O.C.G.A. 14-3-708 or have approved commencement of an action by the affirmative vote of at least two-thirds of the total membership ata a meeting of the  Members at which a quorum is present;  (ii) The full Board of Directors of the Association and the claimant have met inj person and conferred in a good faith attempt to resolve the Association's claim or the claimant has definitively declined or ignored the requests to meet with the  Board of Directors of the Association; and,  (it) If O.C.G.A. S 8-2-35 et seq. is in effect, the Association has otherwise satisfied all of the preaction requirements for a claimant to commence an action pursuant to O.CGA.S8-235ets seq., as amended.  (c) Additional Pre-Suit Requirements. In the event the Association duly calls and notices a meeting for the purpose of obtaining the approval of the Members as provided in Section 14.3(b)() above, a copy of the notice shall also be provided to the Declarant at least twenty-one (21) calendar days before the meeting, sO long as Declarant owns any property described on Exhibit" "A" or Exhibit' "B".  -43-    In addition, at least three (3) business days in advance of the meeting at which the Members vote or att the time a statutory written ballot is circulated to the Members to obtain approval of an action to recover damages resulting from construction defects int the Area of Common) Responsibility, the Association shall provide each Owner witha copy of the notice of claim provided to the contractor and an additional written description of claims and the reasons the Board is recommending consideration of the  litigation.  (d) Destructive Testing. The Association or an attorney for the Association shall note employ a person to perform destructive tests to determine an damage or injury to a Unit or the Area of Common Responsibility caused bya  construction defect unless:  () The personi is licensed as a contractor pursuant tol Iaw; (ii) The Association has obtained the prior written approval of (ii) The Association or the person sO employed obtains all perr required to conduct such tests and to repair any damage resulting from such tests; (iv) Reasonable prior notice and an opportunity to observe the tests is given to the Declarant or contractor against whom an action may be brought as a result  Unit Owner whose Unit willl be directly affected by such testing;  oft the tests; and,  (v) IfO.C.G.A. $8-2-35 et seq. is in effect, any additional requirements Notwithstanding the foregoing, the Board of Directors of the Association may, without giving notice to the Unit Owners, employ a contractor and such other persons as are necessary to make such immediate repairs to the Unit or Area of Common Responsibility as are required to protect the health, safety, and welfare of the Unit  set forth in O.CG.A.S8-2-35 et seq., as amended, have been satisfied.  Owners.  14.4 Allocation of Costs of Resolving Claims. All costs, including any attorneys' fees, incurred in complying with this Section shall be borne by the party incurring same. Any and all subsequent costs, including any attorneys' fees, shall be made in accordance with the Right tol Repair Act as set forth in O.CG.A.S8235ets seq.,  as amended, if the Right tol Repair Act isi in effect.  14.5 Enforcement of Resolution. After resolution of any claim, ifa any party fails to abide by the terms of any agreement, then any other party may file suit or  -44-    initiate administrative proceedings to enforce such agreement without the need to again comply with the procedures set forth int this Article) XIV. In such event, the party taking action to enforce the agreement shall be entitled to recover from the non-complying party (or ifi more than one non-complying party, from all such parties pro rata) all costs incurred in enforcing such agreement, including, without limitation, reasonable  attorneys' fees actually incurred and court costs.  ARTICLEXV GFNERALPROVISIONS  15.1. Duration. Subject to the limitations of Georgia law, this Declaration shall have perpetual duration. If Georgia law hereafter limits the period during which covenants may run with the land, then to the extent consistent with such law, this Declaration shall remain in effect for the maximum period permitted and shall automatically be extended at the expiration of such period for successive periods of twenty (20) years each. Ini the event a written instrument signed by the then Owners of at least two-thirds (2/3) of the Units has been Recorded within the year immediately preceding the beginning of a twenty (20) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, the Declaration shall be  modified or terminated to the extent specified therein.  15.2. Amendment. This Declaration may be amended as provided in this Section. Amendments to this Declaration shall become effective upon Recordation, unless a later effective date is specified therein. Any procedural challenge to an amendment must be made within six months of its Recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration. The amendments authorized by this Section may be of uniform or non-uniform application and Owners shall be deemed to have agreed that the Declaration may be amended as provided herein and that any rule of law requiring unanimous approval of amendments havinga a non-uniform application shall not apply.  (a) By Declarant. So long as Declarant owns any property subject to, or which may be subjected to, this Declaration, it may unilaterally amend this Declaration ifsuch amendment is: (i): required to bring any provision hereof into compliance with any applicable governmental statute, rule, regulation, or judicial determination; (ir) required to enable any title insurance company to issue title insurance coverage; (ii), required by ani institutional or governmental lender or purchaser of mortgage loans; or (iv) necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans; provided, any such amendment shall not adversely affect the title to any Owner's Unit unless any such Unit Owner consents in writing.  -45-    Further, Declarant may unilaterally amend this Declaration for any other purpose; provided such amendment does not materially adversely affect the substantive rights of any Owners to use and enjoy their Units hereunder, or adversely affect title to any Unit without the consent of the Owner ofs such Unit.  (b) By the Owners. This Declaration may be amended upon the affirmative vote, written consent, or any combination thereof, of Members representing atl least two-thirds (2/3) of the total eligible votes in the Association and the consent Declarant until its rights have terminated as provided in Article XIII hereof. (c) Bythe Board. The Board of Directors, with the written consent Declarant and without a vote of the Members, may amend this Declaration: to be governed by and thereafter comply with the provisions of the Georgia Owners' Association Act, O.C.G.A. S 44-3-220 et seq.; (ii) to bring any provisior into compliance with any applicable governmental statute, rule or regulation determination which shall be in conflict therewith; (iii) to enable any reputa insurance company to issue title insurance coverage with respect to the Units this Declaration; (iv)ifs such amendment is required by ani institutional or gover lender or purchaser of mortgage loans, including, without limitation, the National Mortgage Association or the Federal Home Loan Mortgage Corpora enable such lender or purchaser to make or purchase Mortgage loans on subject to this Declaration; or (v) to enable any governmental agency or insurance company, including without limitation, the U.S. Department of Housi Urban Development and the U.S. Department of Veterans Affairs, to guarantee Mortgage loans on the Units subject to this Declaration; provided, such amendment shall not adversely affect the title to any Unit unless the  such Unit consents thereto in writing.  The consent of the Declarant to any amendment shall be evidenced execution of said amendment by Declarant. The consent of the requisite nu Members to any amendment shall be evidenced by the execution of the amendm said Members, or, in the alternative, the sworn statement of the Presiden President or Sccretary of the Association attached to or incorporated in the amend which sworn statement states unequivocally that the consent of the required numbe Members was lawfully obtained and that any notices required by the Declaratio Laws, Articles of Incorporation or Georgia law were given.  Notwithstanding the above, the percentage of votes necessary to specific clause shall not be less than the prescribed percentage of affirmativ required for action tol be taken under that clause.  -46-    No amendment may remove, revoke, or modify any right or privilege of Declarant without the written consent of Declarant or the assignees of such right or  privilege.  Ifan Owner consents to any amendment tot this Declaration ort the By-Laws, it will be conclusively presumed that such Owner has the authority to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party  will affect the validity ofs such amendment.  15.3. Severability. Invalidation of any provision of this Declaration, in whole or in part, or any application ofa provision of this Declaration by judgment or court order shall inr no way affect other provisions or applications.  15.4. Litigation. No judicial, administrative, or arbitration proceeding for any claim, grievance, or dispute arising out of, resulting from or relatingt to anything other than the design, construction or repair of improvements on the Community, shall be commenced or prosecuted by the Association unless approved in writing by seventy- five percent (75%) of the total Association vote taken ata a meeting duly called pursuant to the By-Laws for such purpose. This Section shall not apply, however, to: (a) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens or the filing of lawsuits for injunctive relief); (b) the imposition and collection of assessments as provided in Article VIII; (c) proceedings involving challenges to ad valorem taxation; (d) counter-claims brought by the Association in proceedings instituted against it; (e) claims set forth in Section 14.2; or (f) actions brought by the Association against any contractor, vendor or supplier of goods or services arising out ofa contract for goods or services to which the Association isa party. This Section shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute  proceedings as provided above.  15.5. Cumulative Effect; Conflict. The provisions of this Declaration shall be cumulative with the provisions of any applicable Supplemental Declaration. Nothing in this Section shall preclude any Supplemental Declaration from containing additional restrictions or provisions which are more restrictive than the provisions of this Declaration, and the Association shall have the standing and authority to enforce the same. In the event ofa a conflictl between this Declaration and the provisions setf forth ina any Supplemental Declaration, the more restrictive provision shall control, 15.6. Compliance. Every Owner and occupant of any Unit shall comply with the Governing Documents and the failure to comply shall be grounds for an action by the Association or, in a proper case, by any aggrieved Unit Owner(s) to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in  -47-    equity, in addition to those enforcement powers granted to the Association in Section  4.3.  15.7. Notice of Sale or Transfer of Title. Any Owner desiring to sell or otherwise transfer title to his or her Unit shall give the Board or its designee at least seven (7) days' prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board may reasonably require. The transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Unit, including assessment obligations, until the date upon which such notice is received by the Board,  notwithstanding the transfer oft title.  15.8. Exhibits. Exhibit' "A" and Exhibit "B" attached to this Declaration are incorporated by this reference and the amendment of such exhibits shall be governed by the provisions of Section 15.2. All other exhibits are attached for informational purposes and may be amended as provided therein or in the provisions of this  Declaration which refer to such exhibits.  15.9. Nondiscrimination No action shall be taken by the Declarant, the Association or the Board of Directors which would discriminate against any person on the basis of race, creed, color, national origin, religion, sex, familial status or disability. 15.10. Notices- Except as otherwise specifically provided in such document(s), as the case may be, notices provided for in this Declaration or the Articles or By-Laws shall bei in writing, and shall be addressed to an Owner at the address of the Unit and to the Declarant and to the Association at the address of their respective registered agent on file with the Secretary of State oft the State of Georgia. Any Owner may designate a different address, including an electronic mail address, for notices to such Owner by giving written notice to the Association. Owners shall keep the Association advised of their current address and phone number(s) where they can be reached. Notices addressed as above shall be mailed by United States Registered or Certified Mail, return receipt requested, postage paid, or delivered inj person, including delivery by Federal Express or other reputable commercial courier service, or issued electronically in accordance with Chapter 12 of Title 10 of the Official Code of Georgia Annotated, the "Uniform Electronic Transactions Act". The time period in which a response to any such notice must be given or any action taken with respect thereto, shall commence to run from the date of personal delivery or date of receipt shown on the return receipt. Rejection or other refusal to accept ort the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the  notice sent.  15.11 Disclosure Regarding Use of Adjacent Property. The property located adjacent to the Community, is as of the date this Declaration is recorded in the Forsyth  -48-    County, Georgia land records, not developed. Each Owner and occupant understands and acknowledges that the use of adjacent property may change and that such property may be used for industrial uses which are not compatible with a residential development. The use of adjacent property for industrial purposes may emit odors, noise, dust and other by-products. By virtue oft taking title toal Unit in the Community, each Owner and occupant assumes all risks of personal injury or property damage arising out of the ownership or occupancy of a Unit in the Community and further acknowledges that Declarant, the Association, and their respective employees, members, representatives and agents have made no representations or warranties, nor has any Owner or occupant relied upon any representations or warranties, express or implied, including, without limitation, any warranty of merchantability or fitness for any particular purpose, relative to the existence or absence of noise or other conditions which may disturb the peace, quiet, safety, comfort or serenity of the Owners and occupants of Units in the Community arising out of the use of adjacent property for  industrial use or purposes.  ARTICLEXVI LEASING RESTRICTIONS  16.1 General. In order to: (a) protect the equity of the individual Members; (b) carry out the purpose for which the Association was formed by preserving the character of the Community as a residential community of predominantly owner-occupied homes; and (c) prevent the Community from assuming the character of a renter-occupied neighborhood, leasing of Units shall be governed by the restrictions No Owner may lease his or her Unit unless the Owner has received either a leasing permit or a hardship leasing permit, in writing, from the Board of Directors, all as may be more specifically set forth below. Al leasing permit or hardship leasing permit will allow an Owner tol lease his orl her Unit in accordance with the terms and conditions set forth in this Section and in accordance with the rules and regulations of the Association and the covenants and conditions set forth in the Declaration. Notwithstanding anything to the contrary herein, leasing permits and hardship leasing permits shall only be valid as toa specific Owner and Unit and shall not be transferrable between Units or subsequent For purposes of this Article XVI, leasing means the regular, exclusive occupancy ofa Unit by any Person(s) other than the Owner for which the Owner received any consideration or benefit, including, but not limited to, a fee, rent, gratuity or emolument. For purposes hereof the following shall not constitute leasing: (a) occupancy of the Unit by a member oft the Owner's family; (b) occupancy oft the Unit by ai roommate of an Owner-occupant; (c) occupancy of the Unit by one or more wards if  imposed by this Article.  Owners.  -49-    the Unit is owned by their legal guardian, or (d) occupancy oft the Unit by one or beneficiaries ofat trust if the Unit is owned int trust by the trustee. 16.2 Leasing Pèrmits. Any Owner desiring tol lease a Unit shall submit request to the Board for a leasing permit. The Board of Directors shall autom approve an Owner's request for a leasing permit and shall issue the samei if less percent (10%) of the Units in the Community are leased. Ift ten percent (10%) the Units in the Community are leased, no additional leasing permits shall except for hardship leasing permits as provided below, until that number falls percent (10%). Owners who have been denied a leasing permit shall be plac waiting list to bei issuedal leasing permit. Whent the number ofl leased Units falls percent (10%), the Owner at thet top oft the waiting list shalll bei issueda a leasing per shall have ninety (90) days tol lease such Unit at which time if the Unit is not leasing permit shall be revoked and the Owners shall automatically be placed at the of the waiting list. Notwithstanding anything to the contrary herein, the issua hardship leasing permit to an Owner shall not cause such Owner to be removed Leasing permits are automatically revoked upon: (a) the sale or transfer of a third party (excluding sales or transfers to an Owner's spouse); (b) the failu Owner tol lease his or her Unit within ninety (90) consecutive days at any time issuance ofs such leasing permit; or (C) the occupancy oft the Unit by the Owner. 16.3 Hardship Leasing Permits: Ifan Owner must lease his or her Unit to undue hardship, the Owner shall apply to the Board in writing for a hardship permit. The Board may issue or deny requests for hardship leasing permits discretion after considering the following factors, whichi include, but are not limite the nature, degree and likely duration of the hardship; (b) the harm, if any, whicl result to the Community if the hardship leasing permit is approved; (c) the numb hardship leasing permits which have been issued to other Owners; (d) the Owner's causing the hardship or ability to cure the hardship; and (e) whether previous leasing permits have been issued tot the Owner. A hardship hereunder shall include, but not be limited to, the following (a) an Owner dies and the Unit is being administered by his or her estate; (b) an must relocate outside metropolitan Atlanta and cannot, within six months from that the Unit was placed on the market, sell the Unit except ata price below the appraised market value, after making reasonable efforts to dos so; or (c) an Owner leave of absence ort temporarily relocates out oft the metropolitan Atlanta area and  waiting list for al leasing permit.  tor return tor reside in the Unit within oney year.  -50-    Hardship leasing permits shall be valid for a term not to exceed one (1) year. Owners may reapply for additional hardship leasing permits at the expiration of a hardship) leasing permit in accordance with the procedures set forthl herein. 16.4 Leasing Provisions. Leasing authorized under this Article shall beg governed (a) Notice. Within seven (7) days after executing a lease agreement for the lease ofa Unit, the Owner shall provide the Board of Directors with the following information: ()a copy of the fully executed lease agreement; (ii) the name of the lessee and all other people occupying the Unit; (ii) the phone number of the lessee; (iv) the Owner's address and telephone number other than at the Unit; and (v) other such (b) General. All leases shall bei in writing. There shall be nos subleasing of Units or assignment of leases unless approved in writing by the Board of Directors, The Owner must provide the lessee with copies of the Declaration, By-Laws, and the rules and regulations and Architectural Guidelines and the lease shall provide that the Owner has made available to the lessee copies of the Declaration, By-Laws, and the Association's rules and regulations and. Architectural Guidelines. (c) Compliance. with Governing Documénts Liability for Assessments. IfaUnit is leased or occupied in violation of this Article, then the Board of Directors shall be authorized, in addition to all other available remedies, to: (a) suspend all voting rights of the Owner; and/or (b) suspend the right to use and enjoy the Common Area of the Owner and any unauthorized tenants(s) or occupant(s). Each Owner covenants and agrees that any lease of a Unit shall contain the following language and agrees that if such language is not expressly contained therein, then such language shall be incorporated into the lease by existence of this covenant, and the lessee, by occupancy of the Unit, agrees to the applicability of this covenant and incorporation of the  by the following provisions:  information as the Board may reasonably require.  followingl language into the lease:  ()Compliancé with Declaration, By-Laws and Rules ànd Regulations. and Design Guidelinés. Lessee shall abide by and comply with all provisions of the Declaration, By-Laws, and rules and regulations and Design Guidelines adopted pursuant thereto. Lessee shall control the conduct of all other occupants and guests of the leased Unit in order to ensure such compliance. The Owner agrees to cause all occupants of his or her Unit to comply with the Declaration, By-Laws, and the rules and regulations and Design Guidelines adopted pursuant thereto and is responsible for all violations caused by such occupants, notwithstanding the fact that such occupants are fully liable and may be sanctioned for any violation of the Declaration, By-Laws and rules and regulations and Design Guidelines adopted pursuant thereto.  -51-    In the event that the lessee or a person living with the lessee viola Declaration, By-Laws, or a rule or regulation or Design Guideline for which imposed, notice of the violation shall be given to the Owner and the lessee, an fine may be assessed against the lessee in accordance with the provisions COI herein. If the fine is not paid by the lessee within the time period set by the Directors, the Owner shall pay the fine upon notice from the Association of the failure toj pay the fine. Unpaid fines shall constitute al lien against the Unit. (i) Right to Common Area. The Owner transfers and assigns to for the term of the lease, any and all rights and privileges that the Owner has Common Area, including, without limitation, the Community recreational facilit 16.5 Exemptions. The provisions of this Article shall not apply to and no permit or hardship leasing permit shall be required for any leasing transaction into by: (a) the Association; (b) any Mortgagee in possession of a Unit foreclosure or otherwise as a result of the exercise of any rights arising out priority Mortgage on a Unit; or (c) any Owner who owns a Unit which is sub Mortgage insured or guaranteed by the Federal Housing Authority ("FHA" Veterans Administration ("VA"). Notwithstanding the foregoing, the leasing by the Association, a Mortgagee or an Owner who owns a Unit guaranteed or by FHA or VA shall comply with the provisions of Section 16.41 hereof. 16.6 Rights Réserved for Declarant. Notwithstanding the restriction on leasing of Units as described herein, Declarant may enter into al lease agreement lease ofal Unit and the extent and duration of said lease agreement shall be dete: solely by Declarant. Declarant may also grant an Owner the right tol lease al Unit reason and the extent and duration ofs said privilege granted by Declarant shalll determined solely by Declarant. Under such circumstances, Declarant shall not required to obtain al leasing permit or a hardship leasing permit as provided herein, shall comply with the requirements in Section 16.4 hereof. Any ability tol lease a Unit granted by Declarant which extends beyond the termination of Declarant's rights under this Declaration shall be valid and may not be terminated by the Association sol longa as the Occupants comply with the terms and conditions imposed by Declarant.  [SIGNATURES ONI FOLLOWINGPAGE)  -52-    foreclosure or otherwise as a result of the exercise of any rights arising out ofa first priority Mortgage on a Unit; or (c) any Owner who owns a Unit which is subject toa Mortgage insured or guaranteed by the Federal Housing Authority ("FHA") or the Veterans Administration ("VA"). Notwithstanding the foregoing, the leasing of a Unit by the Association, a Mortgagee or an Owner who owns a Unit guaranteed or insured by FHA or VA shall comply with the provisions ofs Section 16.4 hereof. 16.7 Rights Reserved for Declarant. Notwithstanding the restriction on the leasing of Units as described herein, Declarant may enter into a lease agreement for the lease ofal Unit and the extent and duration of said lease agreement shall be determined solely by Declarant. Declarant may also grant an Owner the rightt tol lease al Unit for any reason and the extent and duration ofs said privilege granted by Declarant shall be determined solely by Declarant. Unders such circumstances, Declarant shall not be required to obtain al leasing permit or al hardship leasing permit as provided herein, but shall comply with the requirements in Section 16.4 hereof. Any ability tol lease al Unit granted by Declarant which extends beyond the termination of Declarant's rights under this Declaration shall be valid and may not be terminated by the Association sol longa as the Occupants comply with the terms and conditions imposed by Declarant.  [SIGNATURES ON FOLLOWINGI PAGE]  -53-    IN WITNESS WHEREOF, the undersigned Declarant has executed this  Declaration this 3uo day of OCDBER,2 2018  DECLARANT: D.R. HORTON/NC,APalaware  By:  27  Its: AmgerRéTe Attest: Slbha Its:  Signed, sealed, and delivered int the presence of: 6 WITNESS cghic, NOTARYPUBLC My Commission [AFFIXN NOTARY  fo F 1991 ORLANES  COUNTY  0  -54-    EXHIBIT"A" Land Initially Submitted  Allt that tract or parcel ofl land lyingi in Land Lots 411, 412,453, 454, 483, 4844 & 526 oft the 3rd District, Ist Section, Forsyth County, Georgia, being more particularly described asf follows: Beginning at a flati iron: found at thel Northeast corner of Land Lot 454; thence, North 89 degrees 30r minutes 49 seconds West distance of94.83 feett toay point, said point being the Truel Point of Beginning; thence, South 25 degrees 151 minutes 01 seconds Westa distance of 1072.93 feett toa point; thence, South 29 degrees 50 minutes 04s seconds Westa a distance of813.391 feett toaj point; thence, South 51 degrees 291 minutes 45 seconds Easta distance of2 250.65 feet toap point; thence, South 85 degrees 491 minutes 03 seconds East a distance of118.19 feet toap point;t thence, North 81 degrees 29 minutes 02 seconds East a distance of 101.80 feet to a point; thence, South 08 degrees 30minutes 58 seconds Easte a distance of1 198.00f feett toa point; thence, South 81 degrees 42 minutes 25 seconds West a distance of 31.49 feet toay point; thence, South 08 degrees 30 minutes 58 seconds East a distance of 156.12 feet to a point; thence, North 88 degrees 24 minutes 49 seconds West a distance of 161.94 feett to a point; thence withe a curve turning to the left with an arc length of 50.56 feet, with aradius of275.00f feet, with a chord bearing of South 07 degrees 45 minutes 06 seconds East, with a chord length of 50.49 feet; thence, South 13 degrees 01 minutes 07 seconds East distance of5 58.33 feet toa point; thence, South 81 degrees 091 minutes 36 seconds West a distance of 18.64 feet to a point; thence, South 76 degrees 58 minutes 53 seconds West a distance of 191.40 feet to a point; thence, South 74 degrees 04 minutes 22 seconds West a distance of 130.68 feet to a point; thence, South 46 degrees 13 minutes 18 seconds West a distance of 215.69 feet to a point; thence, South 63 degrees 30 minutes 33 seconds West a distance of8 89.02 feet toapoint;t thence, South 460 degrees 11 minutes 09 seconds West a distance of 34.96 feet to a point; thence, North 89 degrees 561 minutes 11 seconds West a distance of4 45.24 feet toa point; thence, North 00 degrees 03 minutes 49s seconds East a distance of 166.78 fcet toa 1/2" re-bar; thence, North 00 degrees 00 minutes 20s seconds West a distance of 150.81 feet to a 1/2" re-bar; thence, North 00 degrees 04 minutes 32 seconds East a distance of 150.85 feet toa 1/2" crimp top pipe; thence, North 00 degrees 041 minutes 09 seconds East a distance of 245.17 feet toar rod; thence, South 89 degrees 19r minutes 47 seconds West distance of 505.97 feet toal 1/2" re-bar on the Eastern R/W ofByers Road (R/W 30'f from centerline); thence, along said R/W, North 37 degrees 17 minutes 45 seconds Easta a distance of 85.47 feet to a point; thence with a curve tuming to the left with an arc length of 134.90i feet, with a radius of 350.68 feet, with a chord bearing of North 27 degrces 40 minutes 57 seconds East, with a chord length of 134.07 feet; thence with a compound curve turning to the left with an arc length of 147.74 feet, with a radius of 438.85 fcet, with a chord bearing of North 07 degrees 25 minutes 56 seconds East, witha chord length of 147.05 fcet; thence, North 05 degrees 01r minutes 10 seconds West a distance of1 167.79 feet to aj point; thence with a curve turningt to the right with an arcl length of319.74 feet, with a radius of 1406.95 feet, witha a chord bearing of North 00 degrees 20 minutes 04 seconds Bast, with chord length of319.05 feet; thence, North 07 degrees 51 minutes 28 seconds East a distance of 210.79 feet to aj point; thence, North 08 degrees 06 minutes 05 seconds East a distance of4 480.02 feet to the intersection of the Easterly R/W ofE Byers Road (R/W 30 from centerline) and the Southeasterly R/W of Dr. Bramblett Road (80' R/W); thence, along R/W ofDr. Bramblett Road, with a curve turningt to the left with ana arc  -55-    length of 57.03 feet, with a radius of 380.56 feet, with a chord bearing of North 26 degrees 48 minutes 46 seconds East, with a chord length of5 56.98 feet; thence, North 21 degrees 491 minutes 36 seconds East a distance of 69.10 feet to a point; thence, North 19 degrees 59 minutes 48 seconds East a distance of73.43 feet toa point; thence, North 18 degrees 47 minutes 27s seconds Easta distance of 189.16: feet to aj point; thence, North 18 degrees 421 minutes 37 seconds Easta distance of2 260.79 feet to aj point; thence, departing said R/W, South 71 degrees 221 minutes 01 seconds East a distance of7 745.09 feet toar nailata a crimp top pipe; thence, South 89 degrees 30 minutes 49 seconds East a distance of 566.15 feet toa aj point, said point being the True Point of Said Phase 1 contains 58.326 Acres, more or less, as shown on that Survey prepared by Neil McWhorter, Georgial Registered Land Surveyor, dated July 26, 2017 andl last revised September  Beginning. 20,2017. TOGETHER WITH:  Althatt tract orp parcel ofl land lyingi inl Land Lot 453ofthe 3rd District, 1st Section, Forsyth County, Georgia, being more particularly described asf follows: Beginning att the intersection oft the Southerly RW of Dr. Bramblett Road (80' RA) and the Westerly RW of Byers Road (RW Varies, 40' from CL), said interséction being the True Pointo of Beginning; thence, alongt the westerly RWofByers Road, South 080 degrees 06 minutes 05 sèconds West a distance of 371.21 feet to a point; thence, South 07 degrees 51 minutes 28 seconds West a distance of211.551 feett toap point; thence with curvet turningt tot thel left with an arcl length of 127. .26f feet, witha a radius of 965. .85 feet, with a chord bearing of South 04. degrees 05 minutes 00 seconds West, with a chord length of1 127.16 feett toa1 1/2" re-bar; thence, departing said RW, North 81 degrees 091 minutes 28s seconds Westa distance of84.1 10f feet toap point; thence, North 580 degrees 23 minutes 23 seconds West a distance of 236.72f feet to a 1/2" crimp top pipe; thence, North 07 degrees 11 minutes 04 seconds East a distance of415.92f feett to a crimp topp pipe ont the Southern RW ofDr. Bramblett Road; thence, along said RAW, with a curvet tumingt to the left with an arcl length of 360.72 feet, with a radius of8 833.8 .88f feet, with a chord bearing of North 64 degrees 28r minutes 12 seconds East, with a chord length of 357.92 feet to the  True Point ofE Beginning. Said Tract Il contains 3.796/ Acres, more or less.  As shown on ALTA/NSPS Land Title Survey for D.F R. Horton, Inc. and Bramblett Grove, prepared by McWhorter & Anderson Land Surveying & Civil Engineering, File No. 11687.1, bearingt the seala and certification ofNeilA A. McWhorter, Georgia RegisteredLand Surveyor No. 2644, dated July 26, 2017, last revised September 20, 2017.  -56-    EXHIBIT"B" Land Subject to Annexation  The following property is not subject to this Declaration, but may be annexed ina accordance with the terms oft thel Declaration. Any parcel or tract of land whichi is: 1. Adjacent to the property described on Exhibit "A" or adjacent to property 2. Located within a one (1) mile radius of the property described in Exhibit' "A".  previously annexed to the Declaration.  -57-    Exhibit' "C" Initial Use Restrictions and] Rules  The purpose of the initial Use Restrictions and Rules is not to anticipa acceptable or unacceptable behavior in advance and eliminate all improveme activities that fall outside of "the norm." In fact, it is expressly intended Reviewer under Article IX (Declarant or the ARC, as appropriate) have the discre approve or disapprove items, or to enforce or not enforce technical violations Governing Documents, based upon aesthetic or other considerations consistent established guidelines for the Community. As such, while something may be or permitted for one Unit under one set of circumstances, the same thing disapproved for another Unit under a different set of circumstances. The exe discretion in approving or enforcement shall not be construed as a waiver of or enforcement rights, nor shall it preclude the Declarant or the Association through the Board, from taking enforcement action in any appropriate circumsta The following use restrictions and rules shall apply to the entire Com until such time as they are modified pursuant to Article X of the Declara  amended pursuant tos Section 15.2hereof.  1. General. The Community shall be used only for resic recreational, and related purposes (which may include, without limitatic information center and/or a sales office for any sales professionals retair Declarant to assist in the marketing or sale of property described on Exhibit Exhibit "B," offices for any property manager retained by the Association or bu offices for Declarant or the Association) consistent with this Declaration and any  Supplemental Declaration.  2. Rules and Restrictions. The Community is subject to the following rules and restrictions unless expressly authorized by and then subject to such conditions  may bei imposed by the Board of Directors:  (a) Parking. The following restrictions shall apply to all occupants, invitees and guests; provided, however, construction, service, and vehicles shall be exempt from this provision during daylight hours for such pe time asi is1 reasonably necessary to provide service to ort tor makea a delivery within  ort the Common Area;  () Vehicles shall be parked only in appropriate parking serving the Unit or other designated parking areas established by the Board, if on street parking shall be permitted except in connection with special eve approved by the Board or as otherwise approved by the Board in writing. All shall be subject to such additional reasonable rules and regulations as the Boar  -1-    adopt from time tot time ini its sole discretion. The term "vehicles" as used herein, shall include, without limitation, trailers, motorcycles, minibikes, trucks, campers, buses, vans and automobiles. The term "parking areas serving the Unit" shall refer to the number of garage parking spaces serving the residential dwelling located on a Unit and if, and only if, the Owner or occupants ofal Unit have more vehicles than the number of garage parking spaces, those excess vehicles which are an Owners or occupant's primary means of transportation on a regular basis may be parked on the driveway on the Unit; provided, however, no vehicle parked in the driveway ofal Unit shall encroach onto any grassy or landscaped area, the sidewalks or any public right-of-way in the  Community.  (ii) Parking of commercial vehicles or equipment, tractor trailer cabs, commercial equipment, mobile homes, recreational vehicles, ATVS, boats and other watercraft, trailers, stored vehicles or inoperable vehicles in places other than in enclosed garages or other areas designated by the Board, if any, is prohibited; provided, however, small panel trucks with company names and/or logos on the sides that are  used as primary vehicles shall be permitted;  (i) Any vehicle, commercial vehicle, boat, motorhome, trailer, ATV, boat and other watercraft or recreational vehicle, left upon any portion of the Common Area for longer than forty-eight (48) consecutive hours is subject to removal without further notice (the temporary removal of the vehicle, commercial vehicle, boat, motorhome, trailer, ATV, boat and other watercraft or recreational vehicle to break the continuity of the forty-eight (48) hour period shall not be sufficient to establish compliance with this restriction). The costs of such removal shall be a Specific Assessment against the Unit of the Owner of such vehicle, commercial vehicle, boat, motorhome, trailer, ATV, boat and other watercraft or other vehicles;  (iv) Garage doors shall be kept closed except during times of ingress and egress from the garage and garages shall be used primarily for the parking of  vehicles and not for storage or other purposes;  (v) Trucks with mounted campers which are an Owner or occupants' primary means of transportation shall not be considered recreational vehicles, provided they are used on a regular basis for transportation and the camper is stored out of  public view upon removal; and  (vi) Nothing herein shall prevent the Declarant and its respective agents, builders, contractors, subcontractors and assigns from parking vehicles on any and all streets during regular business hours tof facilitate the construction, development,  maintenance and build-out oft the Community.  -2-    (b) Animals. Other than a reasonable number of dogs, cats, or other and common household pets, as determined by the Board ini its sole discretion, breeding, or keeping of animals of any kind, including, without limitation, livest poultry, is prohibited. Animals which are permitted to roam free, or, in thel Board discretion, make objectionable noise, endanger the health or safety of, or consti nuisance or inconvenience to the occupants of other Units shall be removed request of the Board. If the animal owner fails to honor such request, the Board institute legal action to have the animal removed and all costs associated the including, without limitation, reasonable attorneys' fees actually incurred, sha Specific Assessment against the Unit. Dogs shall be kept on a leash whenever of a dwelling located on a Unit and not ina a fenced in yard. Pet owners are req clean up after pets. Pets shall be registered, licensed, and inoculated as required Failure to comply with these restrictions may result in fines as provided hereil the By-Laws. No dog runs, or exterior pens for household pets shall be or maintained on any Unit unless approved in accordance with the provisions of IX hereof. The Board of Directors shall have the right to adopt additional regulations designed to minimize damage and disturbance to other Own occupants including, without limitation, restrictions requiring damage deposit  removal, leash controls and noise controls.  (c) Signs. No sign of any kind shall be erected by an Owner or within the Community without the prior written consent of the Reviewer compliance with applicable Design Guidelines; provided, however, und circumstances shall a For-Rent sign! be erected or displayed ona a Unit. Notwithst the foregoing, the Board and the Declarant shall have the right to erect reasonal appropriate signs, including, without limitation, signs relating to the develop construction, marketing or sales of residential dwellings located on Units Community. The Board shall have the right to impose reasonable, time, pla manner restrictions governing the display and placement of signs in the Comr The Board may impose a reasonable fine per day for the display of any sign violates this provision and is not removed within twenty-four (24) hours after demand is delivered to the Owner at that Unit. The provisions oft this Section apply to any Person holding a Mortgage who becomes the Owner of a purchaser at aj judicial or foreclosure sale conducted with respect toaf first Mort ast transferee pursuant to any proceeding in lieu thereof.  (d) Business. An Owner or occupant residing in a Unit may business activities within the residential dwelling located ons such Unit sol long existence or operation of the business activity is not apparent or detectable sound, or smell from outside oft the Unit; (ii) the business activity conforms toa requirements for the Community; (ii) the business activity does not involve visitation to the Unit by clients, customers, suppliers, or other business invitees to-door solicitation of residents of the Community; (iv) the business act  -3-    consistent with the residential character of the Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Community, as may be determined in the sole discretion of the Board; or (v) does not increase the insurance premium paid by the Association or otherwise negatively affect the Association's ability to obtain insurance coverage, regardless of whether: (A) such activity is engaged in full or part-time; (B) such activity isi intended to or does generate aj profit; or (C)al license is required. This subsection shall not apply to any activity conducted by Declarant oral builder approved by Declarant with respect to Declarant's development and/or sale in the Community or Declarant's use of any Urits  which it owns within the Community.  (e) Trash Cans. Unless otherwise provided by the Board, trash cans and recycle bins shall not be stored in the driveway other than the day of trash collection. Trash and recycling receptacles stored ins side yards must be screened: from view. Such screening design and materials must be approved by the Reviewer as provided in Article IX hereof or consistent with applicable Design Guidelines. The Board of Directors shall have the authority to adopt rules and regulations governing trash  removal and/or recycling in the Community.  () Gardening Materials. Garden hoses, hose reels, sprinklers, and other gardening material and equipment must be stored out of view from adjacent Units and  the public right-of-way when not ini use.  (g) Garages. Conversion of any carport or garage to finished space for use as an apartment or other integral part of the living area is not permitted without the  prior approval oft thel Reviewer pursuant to Articlel IX.  (h) Satellite Dishes: No exterior antenna, receiving dish or similar apparatus of any kind for receiving and/or transmitting audio or video signals shall be placed, allowed or maintained upon any portion oft the Community, including any Unit, unless approved in accordance with the provisions of Article IX hereof or otherwise in compliance with applicable Design Guidelines; provided, however, no approval shall be necessary to install the following on a residential dwelling located on a Unit: (a) antennas designed to receive direct broadcast satellite services, including direct-to- home satellite services or antennas designed to receive or transmit fixed wireless signals via satellite, that are one meter or less in diameter; (b) antennas designed to receive video programming services via multi-point distribution services or antennas designed tor receive or transmit fixed wireless signals other than via satellite that are one meter or less in diameter or diagonal measurement; or (c) antennas that are designed and intended to receive television broadcast signals. Owners shall install any permitted antennae on the rear of the dwelling located on the Unit unless such installation: (x) imposes unreasonable delay or prevents the use of the antennae; (y) unreasonably  4-    increases the cost ofi installation; or (z) an acceptable quality signal cannot otherwise  obtained.  () Fences. Written approval must be obtained from the Reviewer any placement, erection, or installation of any fence or fencing type barrier of ona Unit. Under no circumstances shall any fence be placed, erected, allov maintained upon any Unit closer to the street than the rear one-third of the located on the Unit. Additional restrictions may apply to corner lots. Fence determined by thel Declarant for the Community-Wide: Standard and may be set the Design Guidelines, but other types may be approved on an individual bas Declarant may install fencing on certain Units within the Comm Notwithstanding the foregoing, Declarant shall have the right to erect fencing type, at any location, on any Unit during the period that such Unit is being Declarant as a model home. The Board of Directors shall have the right to erect of any type considered appropriate or desirable by the Board at any location  Common. Area.  G) Miscellaneous. Written approval must be obtained from the prior to any construction, erection, or placement of any thing, permaner temporarily, on the outside portions of a Unit in accordance with the provisic Article IX of the Declaration unless the same is otherwise permitted in the Guidelines. This shall include, without limitation, signs, permanent basketball swing sets and similar sports and play equipment; hedges, walls, dog runs, pens, of any kind; garbage cans; woodpiles; ands swimming pools.  (k) Portable Play Equipment Equipment, including, soccer pitching/catching devices, children's toys, bicycles, tricycles, and other such item bes stored out of view from adjacent Units and the public right-of-way when not Notwithstanding the foregoing, this provision shall not apply to portable, free basketball goals which contain a base filled with sand or water, but shall portable basketball goals which are designed for use by babies and toddlers and  maximum height of four feet (4) orl less.  () Flags. No approval under Article IX of this Declaration required for any Owner or occupant to display the flag of the United States of and the current flag of the State of Georgia ona a Unit in accordance with the oft the U.S. Flag Code (36 US Code 10) and usual and customary practice. The Directors of the Association may promulgate reasonable rules and regulatio respect to the display of flags in the Community, including, without lir regulating the size of flags that may be displayed and imposing reasonable tim and manner restrictions pertaining to the display of the United States flagl loca Unit in the Community; provided, however, no rule or regulation enacted Declarant or the Association shall have the effect of prohibiting any Owner or  -5-    from displaying the flag of the United States of America on any Unit int the Community in contravention of thel Freedom tol Display the. American! Flag Act of 2005.  (m) Storm Water Detention/Retention Ponds Creeks and Streams. Except as herein provided, all storm water retention or detention ponds, creeks and streams within the Community shall be used for aesthetic amenities and storm water drainage only, no other use thereof, including, without limitation, swimming, ice skating, playing, or use of personal flotation devices, and other recreation, shall be permitted, without the prior written consent of the Board of Directors. The Association, the Declarant and their respective officers, directors, members, employees, representatives or agents shall not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of any storm water detention/retention pond, creek or stream, No Owner shall have any right to place rocks, stones, trash, garbage, sewage, waste water, rubbish, debris, ashes or other refuse in any body of water within the Community. Applicable governmental agencies, the Declarant and the Association, shall have the sole right to control the water level of all bodies of water located within the Community and to control the growth and eradication of plants, fowls, reptiles, animals, fish and fungi in and around any storm water retention pond in the Community. Owners shall not be permitted to withdraw water from any storm water detention/retention pond, creek or stream without the prior written consent of the Board of Directors and shall have no riparian or littoral rights with respect tot the waters ina any stream within the Community. (o) Buffer and Setback Areas. Portions of the Community contain state buffer and undisturbed buffer areas, as more particularly identified on the Recorded Plat(s). Any land disturbing and/ /or construction activities in said buffer ori impervious setback areas shall be approved pursuânt to Article IX hereof and shall be in compliance with any applicable governmental laws, ordinances, regulations and zoning conditions, including, without limitation, the Control of Erosion and Sedimentation Act, O.C.G.A. (P) Pedestrian Trails and Walking Paths. Except as herein provided, the pedestrian paths and walking trails within the Community shall be used as foot paths only. Bicycles, roller blades, skate boards, go-carts, minibikes, scooters or motorcycles, with or without electric motors, or similar wheeled means oft transportation or recreation shall not be permitted on any paths or trails in the Community' provided, however, this provision shall not prohibit any person witha a disability from usinga wheelchair or other necessary transportation device on the paths and trails in the Community. The Board of Directors may adopt such rules and regulations as may be deemed appropriate concerning the use of the paths and trails in the Community. This provision shall not apply to concrete sidewalks located along the public streets within  Section 12-7-1,et seq., as amended from time to time.  the Community.  -6-    (q) Outdoor Community Fire Pit: Aj portion oft the Common. Area contains an outdoor fire pit, lighting and an appurtenant seating area, whichi is available for use by all Owners and their occupants, guests, invitees and tenants. Each Owner, occupant, guests, licensee, and invitee assumes alli risks of personal injury and property damage associated with the use of the outdoor. fire pit and further acknowledges that Declarant, the Association and their respective officers, directors, employees, representatives and agents have made no representations or warranties, nor has any Owner, occupant, guest, licensee or invitee relied upon any representations or warranties, express or implied, relative to the use of the outdoor fire pit. The Board of Directors shalll have the right to adopt reasonable: rules and regulations regarding the use of the outdoor fire pit, ifany, including, without limitation the rightt to provide for the exclusive use and enjoyment of the outdoor fire pit at certain designated times by authorized users and  their guests and invitees.  (r) Forsyth County Multi-Use Trail.  (1) General. Forsyth County may install a multi-use trail on a portion oft the Common. Area in the Community. Ins such event, trees and other vegetation and shrubbery existing as of the date this Declaration is recorded int thel Forsyth County, Georgia land records may be disturbed and/ /or removed during the construction process. Declarant, the Association and their respective directors, officers, employees, representatives and agents make no representations or warranties ast to when such  construction will commence or be completed.  (ii) Rules and Regulations. Each Owner and occupant agrees to comply with any rules and regulations adopted by the Association, thel Declarant and/ /or Forsyth County regarding the use oft the multi-use trails. Further, each Owner and occupant acknowledges that members of the general public may have access tot the Community through the use ofs such multi-use trails. The Association, Declarant and their respective representatives, employees, officers, directors and agents shall not be responsible for any bodily injury, death or damage toj property occurring on, int the vicinity of, or arising out of the use of the multi-use trails.  (iri) Easement Agreèments. If constructed, the multi-use trails may be subject to easements and restrictions benefitting Forsyth County. The Declarant ane the Association, acting through thel Board of Directors, shall have the rightt to ente any easement agreements or similar documents required to establish certain easer covenants and obligations tol benefit and/ or burden all or aj portion of the Comm Area relating tot the use, construction and maintenance of the multi-usei trails.  -7-    3. Prohibited Conditions. The following shall be prohibited within the (a) Quiet Enjoyment, Any activity which emits foul or obnoxious odors outside of a Unit or creates noise or other conditions which tend to disturb the peace or threaten the safety of the occupants of other Units; plants, animals, devices, or other things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or ofa nature as may diminish or destroy the enjoyment of the Community (the inconvenience complained of shall not be fanciful, or such as would affect only one of fastidious taste, but it shall be such as would affect an ordinary, reasonable person as determined ina particular instance by the Board); use or discharge of any radio, loudspeaker, horn, whistle, bell, or other sound device so as to be audible to occupants of other Units, except alarm devices used exclusively for security purposes; pursuit of hobbies or other activities which tend to cause an unclean, unhealthy, or untidy condition to exist outside of enclosed structures on the Unit. Each Owner hereby agrees that Declarant and its employees and subcontractors may engage in construction activities in the Community and that such activities shall not be in  Community:  violation of this subsection.  (b) Laws. Any activity which violates local, state, or federal laws or regulations is prohibited. However, the Board shall have no obligation to take  enforcement action int the event ofa violation;  (c) Disrepair. Structures, equipment, or other items on the exterior portions ofal Unit which have become unsightly, rusty, dilapidated, or otherwise fallen  into disrepair;  (d) Irrigation. Sprinkler or irrigation systems or wells of any type which draw upon water from creeks, streams, or other ground or surface waters within the Community, except that Declarant and the Association shall have the right to draw  water from such sources;  (e) Motorized yehicles. Motorized vehicles on pathways, trails or unpaved Common Areas, except for public safety vehicles, vehicles authorized by the Board and vehicles used by any person with a disability, including wheelchairs or other necessary  transportation devices;  (f) Annoyance. Any noxious or offensive activity which in the reasonable determination of the Board tends to cause embarrassment, discomfort, annoyance, or nuisance to persons using the Common Area or to the occupants of other Units; provided, however, construction activities on Units int the Community by the Declarant ori its agents or employees shall not be deemed an annoyance as provided herein;  -8-    (g) Burning. Outside burning of trash, leaves, debris, or other mat except during the normal course of constructing a dwelling on a Unit; (h) Dumping. Dumping of grass clippings, leaves, or other petroleum products, fertilizers, or other potentially hazardous or toxic substar any drainage ditch, stream, storm water detention/retention pond, lake, or elsew within the Community is prohibited. Fertilizers and pre-emergents may be applied landscaping provided care is taken tor minimize runoff;  (i) Trash. Accumulation of rubbish, trash, or garbage is prohibited between regular garbage pick ups, and then only in approved containers; 6) Drainage. Obstruction or rechanneling of drainage flows installation of drainage swales, storm sewers, or storm drains is prohibited, exce Declarant and the Association shall have such right;  (K) Subdivision. Subdivision ofa a Unit into two or more Units, or changing the boundary lines of any Unit after a subdivision plat including such Unit has been approved and Recorded, except that Declarant shall be permitted to subdivide or re- plat Units whichi it owns or other Units with the consent oft the Owner thereof; (1) Common Area Landscaping. Removing, altering or pruning of (m) Firearms. The discharge of firearms; provided, the Board shall haver no obligation to take action to prevent the discharge of firearms and law enforcement officers may discharge firearms in the performance of their duties as provided by law. The term "firearms" includes "B-B" guns, pellet guns, archery equipment and firearms of  landscaping on the Common Area;  allt types, regardless ofs size;  (n) Fuel. On site storage of fuel, except that a reasonable amount of fuel may be stored on each Unit for emergency purposes and operation ofl lawn mowers and similar tools or equipment, and the Association shall be permitted to store fuel fo operation of maintenance vehicles, generators, ands similar equipment; (o) Vegetation: Any activities which materially disturb or destr vegetation, wildlife, or air quality within or outside of the Community, or whi excessive amounts of water or which result in unreasonable levels of sound  pollution;  (P) Window Treatments. Nof foil or other reflective materials shall ona any windows for sunscreens, blinds, shades or for any other purpose. The side window treatments, with the exception of stained wood blinds or shutters, whi  -9-    bes seen at any time from the outside of any structure located on a Unit shall be white, off-white or such other color as may be permitted in the Design Guidelines. Bed sheets, blankets, towels, black plastic, paper and similar type items shall not be used as  window treatments; and conditioning units.  (q) Air Conditioning Units. Installation and use of window air  -10-    EXHIBIT"D"  BY-LAWS OF  BRAMBLETT CROVEHOMEOWNERS ASSOCIATION,INC:    BY-LAWS OF  BRAMBELTT GROVE HOMEOWNERS ASSOCIATION.INC  TABLEOF CONTENTS  ArticleI Name, Principal Office, and Definitions 1.1. Name, 1.2. Principal Office.. 1.3. Definitions.. 2.1. Membership. 2.2. Place of Meetings. 2.3. Annual Meetings. 2.4. Special Meetings. 2.5. Notice of Meetings. 2.6. Waiver of Notice. 2.7. Adjournment of Meetings. 2.8. Voting. 2.9. Proxies. 2.10. Majority. 2.11. Quorum. 2.12. Conduct of Meetings. 2.13. Actionl by Written Consent. 2.14. Action by Written Ballot.. 2.15. Record Date.. Article III Board of Directors: Selection, Meetings, Powers. A. Composition and Selection. 3.1. Governing Body; Composition. 3.2. Number of Directors. 3.3. Directors Appointed by Declarant. 3.4. Nomination and Election Procedures. 3.5. Removal of Directors and Vacancies. B. Meetings. 3.6. Organizational Meetings. 3.7. Regular Meetings.  Article II Membership: Meetings, Quorum, Voting, Proxies.    3.8. Special Meetings. 3.9. Notice; Waiver ofI Notice. 3.10. Telephonic Participation in! Meetings. 3.11. Quorum of Board of Directors.. 3.12. Compensation. 3.13. Conduct ofl Meetings. 3.14. Open Meetings.. 3.15. Action Without al Formall Meeting. 3.16. Telephonic Participation. C.Powers and Duties.. 3.17. Powers.. 3.18. Duties.. 3.19. Right of Declarant tol Disapprove Actions.. 3.20. Management. 3.21. Borrowing.. 3.22. Enforcement. 3.23. Board Standards. Articlel IV Officers. 4.1. Officers. 4.2. President. 4.3. Vice President.. 4.4. Secretary. 4.5. Treasurer.. 4.6. Election and' Term of Office. 4.7. Removal and Vacancies.. 4.8. Powers and Duties.. 4.9. Resignation. 4.10. Compensation. 4.11. Additional Officers and Agents. ArticleV Committees Article VII Miscellaneous. 6.1. Fiscal Year.. 6.2. Parliamentary Rules. 6.3. Conflicts. 6.4. Books and Records. 6.5. Notices. 6.6 Electronic Records, Signatures and Documents. 6.7. Amendment.  17 18 18 18 18 18 19  -ii-    BY-LAWS OF  BRAMBLETT GROVEI HOMEOWNERS ASSOCIATION, INC.  ArticleI Name, Principal Office, and Definitions  1.1. Name. ("Association"). 1.2. Principal Office.  Ther name oft the corporation is Bramblett Grove Homeowners Association, Inc.  The principal office of the Association shall be located in Forsyth County, Georgia. The Association may have such other offices, either within or outside of the State of Georgia, as the Board of Directors may determine or as the affairs of the  Association may require. 1.3. Definitions.  The words used in these By-Laws shall be given their normal, commonly understood definitions. Capitalized terms shall have the same meaning as set forth in the Declaration of Covenants, Conditions, and Restrictions for Bramblett Grove, Recorded in] Forsyth County, Georgia, asi it may be amended and/or supplemented from time tot time ("Declaration"), unlesst thec contextindicates: otherwise, or themeanings given in the Georgia Nonprofit Corporation Code (O.C.G.A. Section 14-3-101, et seq,) (the Nonprofit: Code"). Statutory references shall be construed as meaning the referenced statute or portion thereof as the same may exist from time to time,  ArticlelI  Membership: Meetings, Quorum, Voting, Proxies  2.1. Membership.  The Association shall have two classes of membership, as more fully set forth int thel Declaration, the terms of which pertaining tor membership arei incorporated by this  reference,    2.2. Place of Meetings.  Meetings of the Association shall be held at the principal office of the Association or at such other suitable place convenient to the Members as may be designatedby thel Board, either within the Community or as convenient asi is possible  practical.  2.3. Annual Meetings.  The first meeting of the. Association, whethera ai regular ors special meetin be held within one year from the closing of the first home or whent twenty five (25%)of the homesi int the Community have beens sold, whicheveri isl later, unless th determines that it isi int the best interest oft the Community to hold ite earlier. Subsec regular and annual meetings shall bes set by the Board on a date and atat time set  Board ini its sole discretion. 2.4. Special Meetings.  The President may call special meetings. In addition, its shall be the dut President to call a special meeting ifs so directed by resolution of the Board or delivery ofa petition signed and dated by Members representing at least twen percent (25%) of the total votes in the Association. 2.5. Notice ofl Meetings.  Written or printed notice stating the place, day, and hour ofa any meeting Members shall be delivered, either personally or by mail, toe eachl Member entitled to ats such meeting not less than ten (10) nor more than fifty (50) days before the date ofs such meeting, by ora at the direction oft the President ort the Secretary ort the officers or persons calling the meeting. Fors sol longa as Declarant owns any property subject to the Declaration orl has the right unilaterally toa annex additional property to the Declaration, acopy oft the notice shall also be delivered, either personally or by certified mail, return receipt requested, at the address it has registered with the Secretary of the Association, or alternatively, ifnoaddressi is onf file with the Secretary, the address of the registered agent on file with the Georgia Secretary of State to Declarant not less than ten (10) nor more  than fifty (50) days before the date of such meeting.  Int the case ofas special meeting or when otherwise required by statute or these By-Laws, the purpose or purposes for which the meeting is called shall be stated in the notice. No business shall be transacted atas special meeting except as statedi in the notice. If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United States mail addressed tot the Member at its address as ita appears on the records of the Association and to the Declarant at its address on file with the  Georgia Secretary of State, with postage prepaid.  -2-    2.6. Waiver of Notice.  Waiver of notice ofar meeting of the Members shall be deemed the equivalent of proper notice. Any Member may, in writing or by electronic transmission signed by the Member entitled to notice and delivered to the Association for inclusion in the minutes for filing with the Association's records, waive notice of any meeting of the Members, either before or after such meeting. Attendance ata meeting by a Member or the Member's proxy shall be deemed waiver by such Member oft notice oft the time, date, and place thereof, unless such Member or proxy specifically objects to lack of proper notice at the time the meeting is called to order. Attendance ata special meeting also shall be deemed waiver of notice of all business transacted at such meeting unless an objection on thel basis ofl lack of! proper notice isi raised before the business isp put toa vote.  2.7. Adjournment of Meetings.  If any meeting of the Association cannot be held because a quorum is not present, Members or their proxies holding a majority of the votes represented at such meeting may adjourn the meeting toat time not lesst than five (5) nor more than thirty (30) days from the time the original meeting was called. At the reconvened meeting, ifa quorumi is present, any business may bet transacted which might have been transacted: at the meeting originally called. Ifa time and place for reconvening the meeting is not fixed byt those ina attendance at the original meeting or if for any reason a new date is fixed for reconvening the meeting after adjournment, notice of the time and place fori reconvening the meeting shall be given to Members and the Declarant in the manner prescribed for  regular meetings.  The Members represented ata duly called or held meeting at whicha a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of enough Members tol leave less than a quorum, provided that any action taken is approved by at least a majority of the votes required to constitute a quorum.  2.8. Voting.  The voting rights of the Members shall be as setf forth int the Declaration and in these By-Laws, and such provisions are specifically incorporated by this reference.  2.9. Proxies.  Atallr meetings of Members, each Member may votei inj person (ifac corporation, partnership, or trust, through any officer, director, partner, manager, member or trustee duly authorized to act on! behalf of thel Member) or by proxy, subject to the limitations of Georgia law. All proxies shall be either in writing or by electronic transmission specifying the Unit(s) for whichi iti is given, signed by the Member ori its duly authorized attorney-in-fact, dated and filed with the. Association's Secretary or his or her designee prior to any meeting for whichi itist tob bee effective. Unless otherwise: specifically provided int the proxy,a proxy shall bej presumed to cover all votes which thel Member giving such    proxy is entitled to cast, and in the event of any conflict between two or more proxies purporting to cover the same voting rights, thel later dated proxy shall prevail, or as of the same date, both shall be deemed invalid. An electronic transmissio contain or be accompanied by information from which it can be determined Member, Member's agent or Member's attorney-in-fact authorized the transmission. Proxies may be delivered to the Board of Directors by personal U.S. mail or electronic transmission tot the Secretary or other officer or agent aul tot tabulate votes. Every proxy shall be revocable: and shall automatically cease receipt of notice by the Secretary of the death or judicially declared incompeten Member; (b), receipt by thes Secretary or other officer or agent authorized tot tabula of written revocation signed by the Member; (c) receipt by the Secretary or othe or agent authorized to tabulate votes ofa subsequent appointment form signed Member; (d) attendance by the Member and voting inj person at any meeting; expiration of eleven (11) months from the date of the proxy appointment: form  earlier date is specified therein. 2.10. Majority.  As used int thesel By-Laws, thet term "majority" shall mean those votes, Members, or other group, as the context may indicate, totaling more than fifty  (50%) of the total eligible number. 2.11. Quorum.  Except as otherwise provided in these By-Laws or in the Declaration, the presence, inj person or by proxy, ofl Members entitled to cast twenty five percent (25%)of the total votes in the Association shall constitute a quorum at all meetings of the Association. Thel Members present ata duly called meeting at whicha quorumi is present may continue to do business until adjournment notwithstanding the withdrawal of  enough Members tol leave less than quorum. 2.12. Conduct of Meetings.  The President or any designee the Board approves shall preside over all Association meetings. The Secretary shall keep the minutes oft the meetings and record in a minute book all resolutions adopted and all other transactions occurring at such  meetings.  2.13. Action by Written Consent.  Any action required or permitted to be approved by the Members may be approved without a meeting if one (1) or more consents, in writing or by electronic transmission, setting forth the action sot taken, shall bes signed, either personally or by an electronic transmission, and dated by Members (including the Declarant, if the consent of the Declarant is required) holding the voting power required to pass such action at a meeting held on the record date for such action. The record date for such action shall be    the date that the first Member signs a consent. Such action shall be approved when the Secretary receives a sufficient number of such consents dated withins seventy (70) days of the record date for such action. Ifl less than unanimous consent is obtained, the approval shall be effective ten (10) days after the Secretary gives written notice of the approval to all Members who did not sign a consent. Each consent in writing or by electronic transmission shall be included in the minutes of meetings of Members filed in the permanent records of the Association. No consent in writing or by electronic transmission shall be valid unless: (1) the consenting Member has been furnished the same material that, pursuant tot thel Nonprofit Code, would havel been required tol bes sent to Members in a notice of a meeting at which the proposed action would have been submitted to the Members for action; or (2) the written consent contains an express waiver of the right tor receive the material otherwise required tol be furnished.  2.14. Action by Written Ballot.  Any action that may be taken at any annual, regular or special meeting of Members may be taken without a meeting if approved by ballot in writing or by electronic transmission as provided herein. The Association shall deliver a ballot in writing or by electronic transmission to each Member entitled to vote ont the matter and the Class B Member. The ballot in writing or by electronic transmission shall set forth each proposed action and provide an opportunity to vote for or against each proposed action. All solicitations for votes by ballot in writing or electronic transmission shall indicate the number of responses needed to meet the quorum requirements; state the percentage of approvals necessaryt toa approve eachi matter other than election of directors; and specify the time by whichal ballot must bei received by the. Association in order tol be counted. A timely received ballot in writing or by electronic transmission received by the Association may not be revoked. Approval by ballot in writing or by electronic transmission of an action shall only be valid when the number of votes cast by ballot equals or exceeds the quorum required tol be present ata meeting held to authorize such action and the number ofa approvals equals ore exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. The results of each action by ballot in writing or by electronic transmission shall be certified by the Secretary and shall be included in the minutes of meetings of Members filed in the permanent records of the  Association. 2.15. Record Date.  The Board of Directors shall fix ina advancear record date fora determination of Members entitled tor notice ofa and to vote ata any meeting of Members or any adjournment thereof, or to make a determination of Members for any other purpose, such date tob be not more than seventy (70) days before the date on which the particular action requiring  such determination of Members is tol bet taken.    Article III  Board of Directors: Selection, Meetings, Powers  A. Composition: and Selection. 3.1. Governing Body: Composition.  The affairs of the Association shall be governed by a Board of Directo of whom shall have one equal vote. Except with respect to directors appoir Declarant, the directors shalll bel Members or residents; provided, no Owner and representing the same Unit may serve on the Board at the same time. In the Member which is not a natural person, any officer, director, partner, employee, officer ofs such Member shall be eligible to serve as a director unless otherwise by written notice tot the Association signed by such) Member. 3.2. Number of Directors. as provided in Section 3.51 below. 3.3. Directors Appointed by Declarant.  Thei initial Boards shall consist oft three (3) directors determined by the in writing in its sole discretion. Thereafter, the Board shall consist oft three (3)  Declarant shall have the right to appoint or remove any Board member members or any Association officer or officers until such time as the first of the following  events shall occur:  (a) thirty (30); years from the date thel Declaration was Recorded; (b) the date on which all of the Units permitted under the applicable zoning density for the Community as shown ont the Recorded Plat are sold; or  the surrender by Declarant, in writing, of the authority to appoint and  remove the Association's directors and officers. 3.4. Nomination and Election Procedures.  Elected directors shall be nominated from the floor and may alsol bei nominated by a nominating committee, if such a committee is established by the Board. All candidates shall have ai reasonable opportunity to communicate their qualification to the  Members and tos solicit votes.  After the Declarant's right to appoint directors and officers terminates, the Association shall call a special meeting (or take action under Section! 2.13 or Section 2.14 inl lieu ofar meeting) and the Class AN Members shall elect three directors as follows: the  -6-    initial term of two (2) directors shall bef fixed at two (2) years and the initial term of one (1) director shall be fixed at one (1) year, Thereafter, all successors shall be elected toa term of two (2) years. At annual meetings thereafter (or pursuant to Section 2.13 or Section 2.14i inl lieu ofar meeting), directors shall bee elected as necessary tof fill vacant seats on the Board. All eligible Members of the Association may vote on all directors tol be elected, and the candidates receiving the most votes shall be elected. Notwithstanding anything herein tot the contrary, the members of the Board of Directors shall continue in office until their respective successors shall have been elected and take office. 3.5. Removal of Directors and Vacancies.  Any directore elected by the Class AI Membersmayl ber removed, with or without cause, by Class A Members holding a majority of the votes entitled to be cast. Any director whose removal is sought shall be given notice prior to any meeting called for that purpose. Upon removal ofa director, a successor shall bee elected by thel Members to fill the vacancy for thei remainder oft the term ofs such director.  Additionally, any director elected by the Class AI Members who has three (3) orr more consecutive unexcused: absences from Board meetings, or whois more than thirty (30) days delinquent in the payment of any assessment or other charge due the Association, may bei removed byar majority oft the directors present ata regular ors special meeting at which a quorum is present, and the Board may appoint a successor to fillt the  vacancy for the remainder of the term.  Int the event oft the death, disability, or resignation ofa director elected by the Class A Members, the Board may declare a vacancy and appoint a successor to fill the vacancy until thei next annual meeting, at which time the Members shall elect a successor  for the remainder of the term.  This Section shall not apply to directors appointed by Declarant nor to any director serving as a representative ofl Declarant. Declarant shall be entitled to appointa successor to fill any vacancy on the Board resulting from the death, disability, or resignation ofac director appointed by or elected asa a representative of Declarant.  B. Meetings.  3.6. Organizational Meetings.  The first meeting of the Board following each annual meeting of the membership shall be held within ten (10) days thereafter at such time and place as the  Boards shall fix. 3.7. Regular Meetings. oft the directors shall determine.  Regular meetings oft the Board may bel held ats such time and place as majority  -7-    3.8. Special Meetings.  Special meetings of thel Board of Directors shall bel held when called by written notice signed by the President or Vice President or by any two directors. The notice shall specify the time and place of the meeting and the nature of any special business to  considered.  3.9. Notice; Waiver of Notice.  (a) Notice of the time and place ofa a regular meeting shall be communic directors not less than four (4) calendar days prior to the meeting. Notice of the place of a special meeting shall be communicated to directors not less than seve (72) hours prior to the date of the meeting. No notice need be given to any dired has signed a waiver of notice ora written consent tol holding of the meeting. TH shall be given to each director by: (1) personal delivery; (i) first class mail, prepaid; (iri) telephone communication, either directly tot the director or toa pers director's office or home who would reasonably be expected toc communicate promptly to the director; or (iv) facsimile, computer, fiberoptics, or such other communication device. All such notices shall be given at the director's number, fax number, electronic mail number, or sent tot the director's address  on the records of the Association.  Notices sent by first class mail shall be deposited into al United States atl least sevenl business days before thet time setf for the meeting. Notices givenl byi delivery, telephone, or other device shalll be delivered or transmitted atl least seve (72) hours before the time setf for the meeting.  (b) The transactions of any meeting of the Board, however called and or wherever held, shall be as valid as though taken atai meeting duly held after call and notice if: ()a quorum is present, and (ii) either before or after the meeting of the directors not present signs a written waiver of notice, a consent to holding meeting, or an approval of the minutes. The waiver ofi notice or consent need not specify the purpose of the meeting. Notice of a meeting also shall be deemed given to any director who attends the meeting without protesting before or at its commence  about the lack of adequate notice. 3.10. Telephonic Participation in] Meetings.  Members of the Board or any committee designated by the Boar participate in a meeting of the Board or committee by means of conference telep similar communications equipment, by means of which all persons participating meeting can] hear each other. Participation: in a meeting pursuant tot this subsectic constitute presence inj person at such meeting.  -8-    3.11. Quorum of Board of Directors.  At all meetings of the Board, a majority of the directors shall constitute a quorum for thet transaction ofl business, and the votes ofa majority oft the directors present at a meeting at which a quorum is present shall constitute the decision of the Board, unless otherwise specifiçally provided int these By-Laws or the Declaration. A meeting atv whicha quorum isi initially present may continue tot transact business, notwithstanding the withdrawal of directors, ifa any action taken is approved by at least a majority oft the required quorum for that meeting. If any meeting oft thel Board cannot be held becausea quorum is not present, a majority of the directors present ats such meeting may adjourn the meeting toat time not less than five (5) nor more than thirty (30) days from the date of the original meeting. At the reconvened meeting, ifa quorum is present, any business which might have been transacted at the meeting originally called, may be transacted  without further notice. 3.12. Compensation,  Directors shall not receive any compensation from the Association for acting as such. Any director may be reimbursed for expenses incurred on behalf of the Association upon approval of a majority of the other directors. Nothing herein shall prohibit the Association from compensating a director, or any entity with which a director is affiliated, for services or supplies furnished to the Association in a capacity other than as a director pursuant to a contract or agreement with the Association, provided that such director's interest was madel known tot thel Board prior toenteringi into such contract and such contract was approved by a majority of the Board of Directors,  excluding thei interested director. 3.13. Conduct of Meetings.  The President or any designee the Board approves by resolution shall preside over all Board meetings. The Secretary shall keep a minute book of Board meetings recording all Board resolutions and all transactions and proceedings occurring at such  meetings.  3.14. Open] Meetings.  Subject tot the provisions of Section 3.16, alli meetings of thel Board shall bec copen to alll Members, but Members other than directors may not participate in any discussion or deliberation unless permission tos speak is requested onl his or her behalf by a director. Ins such case, thel President may limit the time any Member may speak. Notwithstanding the above, the President may adjourn any meeting of the Board and reconvene in executive session, and may exclude Members, to discuss matters ofa sensitive nature, such as pending or threatened litigation and personnel matters.  -9-    3.15. Action Without al Formal Meeting.  Any action required or permitted to bet takena atar meeting of the directors may be taken without a meeting if one or more consents, in writing or by electronic transmission, setting forth the action so taken, shall be signed by a majority of the directors and delivered to the Association for inclusion in the minutes for filing in the corporate records. Such filing shall be in paper form ift the minutes are maintained in paper form and shall be in electronic form if the minutes are maintained in electronic  form.  3.16. Teléphonic Participation.  One or more directors may participate in and vote during any meeting of the Board by telephone conference call or any other means of communication by which all directors participating may simultaneously hear each other during the meeting. Any such meeting at whicha a quorum participates shall constitute a meeting of the Board.  C. Powers and Duties. 3.17. Powers.  The Board of Directors shalll have all oft the powers and duties necessary for the administration of the Association's affairs and for performing all responsibilities and exercising all rights of the Association as set forth in the Declaration, By-Laws and Articles of Incorporation and as provided by law. Thel Board may doc or cause tol be done all acts and things as are not directed by the Declaration, By-Laws, Articles of Incorporation or Georgia law to be done and exercised exclusively by the membership  generally. 3.18. Duties.  The duties of the Board shall include, without limitation: (a) preparing and adopting, in accordance with the Declaration, an annual budget establishing each Owner's share of the Common Expenses; (b) levying and collecting assessments from the Owners; (c) providing for the operation, care, upkeep, and maintenance oft the Area of (d) designating, hiring, and dismissing the personnel necessary to carry out the rights and responsibilities of the Association and where appropriate, providing for the compensation of such personnel and for the purchase of equipment, supplies, and materials to be used by such personnel in the performance oft their duties;  Common Responsibility;  -10-    (e) depositing all funds received on behalf of the Association in a bank depository which it shall approve, and using such funds to operate the Association; provided, any reserve fund may be deposited, in the directors' best business judgment,  in depositories other than banks; Declaration; signatories required;  (f) making and amending use restrictions and rules in accordance with the (g) opening bank accounts on behalf of the Association and designating the (h) making or contracting for the making of repairs, additions, and improvements to or alterations of the Common. Area in accordance with the Declaration  and these By-Laws;  () enforcing by legal means the provisions of the Governing Documents and the rules and regulations adopted by it, and bringing any proceedings which may be instituted on behalf of or against the Members concerning the Association, which enforcement power shall include, without limitation, the power tol levy fines as provided herein and int the Declaration ins such amounts asf from time tot time thel Board of Directors may deem proper in the circumstances, counting each day a violation continues after notice from the Board of Directors as separate violation;  () obtaining and carrying property and liability insurance and fidelity bonds, as provided in the Declaration, paying the cost thereof, and filing and adjusting claims,  as appropriate;  (k) paying the cost of all services rendered tot the Association; () keeping books with detailed accounts of the receipts and expenditures of (m) permitting utility suppliers to use portions of the Common Area reasonably necessary to the ongoing development or operation oft the Community; (n) indemnifying a director, officer or committee member, or former director, officer or committee member oft the Association tot the extent suchi indemnity is required under Georgia law, the Articles of] Incorporation, or the Declaration; and (o) authorizing contracts on behalf oft the Association.  the Association;  -11-    3.19. Right of Declarant tol Disapprove Actions.  Sol long as Declarant owns any property in the Community or has the rightt to add additional property to the Community as provided in the Declaration, Declarant shall have a right to disapprove any action, policy, or program of the Association, the Board, and any committee which, in the solej judgment of the Declarant, would tend to impair the rights of Declarant or builders under the Governing Documents, or interfere with the development of or construction on any portion of the Community, or diminish thel level of services being provided by the Association.  (a) Declarant shall be given written notice of all meetings and proposed actions approved at meetings (or by written consent inl lieu ofa meeting) oft the Association, the Board, or any committee. Such notice shall be given by certified mail, return receipt requested, or by personal delivery at the address it has registered with the Secretary of the Association, ori if no address is on file with the Secretary, notice shall be given to the address of the registered agent on file with the Secretary of State of the State of Georgia, and shall set forth ini reasonable particularity the agenda tol be followed at said meeting;  and  (b) Declarant shall be given the opportunity at any such meeting toj joini in or tol have its representatives or agents join inc discussion from the floor of any prospective action, policy, or program which would bes subject to the right of disapproval set forth  herein.  Noaction, policy, or program subjectt to the rightofd disapproval set forthherein shall become effective or be implemented until and unless the requirements of  subsections (a) and (b) above haye been met.  Declarant, its representatives or agents shall make its concerns, thoughts, and suggestions known to the Board and/or the members of the subject committee. Declarant, acting through any officer, director, agent, or authorized representative, may exercise its rightt to disapprove at any time within ten (10) days following the meeting at which such action was proposed or, in the case of any action taken by written consent in lieu ofar meeting, at any time within ten (10) days following receipt of written notice of thej proposed action. This right to disapprove may! be used tob block the proposed actions set forth in subsection (a) above, but shall not include a right to require any action or counteraction ont behalf of any committee, the Board, or the Association. Declarant shall not use its right to disapprove to reduce the level of services which the Association is obligated toj provide ort to prevent capital repairs or any expenditure required to comply  with applicable laws and regulations.  -12-    3.20. Management.  The Board of Directors may employ for the Association a professional management agent or agents at such compensation as the Board may establish, to perform such duties and services as the Board shall authorize. Declarant, or an affiliate of Declarant, may be employed as managing agent or manager. The term of any management agreement shall not exceed one year and shall be subject tot termination by either party without cause and without penalty upon not more than ninety (90) days written notice. The Board of Directors may delegate to one (1) of its members the authority toa act onl behalf oft thel Board ona all mattersrelating tot the duties oft thei managing agent or manager, ifa any, which might arise between meetings of the Board.  3.21. Borrowing.  The Association shall have the power tol borrow money for any legal purpose; provided, however, except as otherwise provided in the Declaration, the Board shall obtain membership approval int the same manner asf for special assessments, in the event that the total amount of such borrowing exceeds or would exceed ten percent (10%) of  the annual budget oft the Association. 3.22. Enforcement.  In addition to such other rights as are specifically granted under the Declaration, the Board shall have the power toi impose reasonable monetary fines, which shall constitute a lien upon the Unit oft the violator, and to suspend an Owner's right to vote for the violation of any duty imposed under the Governing Documents. Ina addition, the Board may suspend any services provided by the Association to an Owner or the Owner's Unit or the right to use and enjoy the Common Area, including the right tot use any Community recreational facilities, if the Owner is more than thirty (30) days delinquent inj paying any assessment or other charges owed to the Association. Ini the event that any occupant, tenant, employee, guest, or invitee of a Unit violates the Governing Documents and a fine is imposed, the fine shall first be assessed against the occupant; provided, ift the fine is not paid by the occupant within the time period setl by the Board, the fine shall be assessed against the Unit andi its Owner upon: notice from the Association. The Board's failure to enforce any provision oft the Governing Documents shall not be deemed a waiver of the right to dos sot thereafter.  (a) Notice. Prior to imposition of a fine (a late charge shall not constitute a fine), the Board or the Declarant, as the case may be, ori its delegate shall serve the alleged violator with written notice describing () the nature of the alleged violation and the time period in whicht to correct it, (ii) the proposed sanction tol bei imposed, (ii)a aj period ofi not less than ten (10) days or, in the event of an unapproved sign, twenty-four (24) hours, within which the alleged violator may present a written request for a hearing to the Board; (iv) the name, address and telephone number oft thej persont to contact too challenge the fine; (v) that statements, evidence, and witnesses may be produced by the violator at  -13-    the hearing; and (vi)a statement that the proposed sanction shall be imposed contained in the notice unless a challenge is made within ten (10) days, or twenty (24) hours in the event of an unapproved sign, oft the notice. Ifa timely challenge made, the sanction stated in the notice shall be imposed; provided, the Board ma shall not be obligated to, suspend any proposed sanction if the violation is cured the 10-day period or the twenty-four (24) hour period, as applicable. Such suspensi shall not constitute a waiver oft the right tos sanction future violations oft the same or  provisions and rules by any Person.  (b) Hearing. Ifal hearing isi requested within thea allotted ten (10)day or four (24) hour period, as applicable, the hearing shall be held before the Boa executive session. The alleged violator shall be afforded a reasonable opportunity heard. Prior to the effectiveness of any sanction hereunder, proof of proper notice be placed in the minutes of the meeting. Such proof shalll be deemed adequate ifa oft the notice, together withas statement oft the date and manner of delivery, is entered by the officer, director, or agent who delivered such notice. The notice requirement shall be deemed satisfied ift the alleged violator or its representative appears at the meeting. The minutes oft the meeting shall containa a written statement oft the results oft the hearing and  the sanction, if any, imposed.  (c) Additional Enforcement Rights. Notwithstanding: anything tot the contrary int this Article, thel Boardi may elect toe enforce any provision of the Governing Documents by self-help (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules) or, by following with the dispute resolution procedures set forth in Article) XV oft the Declaration, ifapplicable. In addition, the Board shall have the right tof file suit atl law ori ine equity toe enjoin any violation or toi recover monetary damages or both, without the necessity of compliance with the procedure set forth above. In any such action, to the maximum extent permissible, the Owner or occupant responsible for the violation of which abatement is sought shall pay all costs, including reasonable attorney's fees actually incurred. Any entry onto a Unit for purposes of exercising this  power of self-help shall not be deemed as trespass. 3.23. Board Standards.  While conducting the Association's business affairs, the members oft the Board shall act as fiduciaries and ares subject to insulation froml liability as provided for dired of corporations by Georgia law and as otherwise provided by the Governing Docur Directors shall exercise the ordinary and reasonable care of directors of a corpo  subject tot the business judgment rule.  -14-    A director shall act in accordance with the business judgment rule sol long as (a) acts within the expressed or implied scope of the Governing Documents (b) affirmatively undertakes to make decisions which are necessary for the Association's continued: and successful operationa and, when decisions are made, they are  the director:  and his or her actions are not ultra vires;  made on ani informed basis;  (c) acts on a disinterested basis, promptly discloses any real or potential conflict ofi interests (pecuniary or other), and avoids participation ins such decisions and  actions; and, Association's affairs.  (d) acts in a non-fraudulent manner and without reckless indifference to the A director acting in accordance with the business judgment rule shall be protected from personal liability. Unless the Governing Documents require that specific action bet taken, the failuret tot take such specific action shall not, without further showing that the Board actedi in violation oft the business judgment rule, be deemed a violation of  al Board duty.  Board determinations of the meaning, scope, and application of Governing Document provisions shall be upheld and enforced sol long as such determinations are reasonable. The Board shall exercise its power ina fair, non discriminatory manner and shall adhere tot the procedures established in the Governing Documents.  Articlel IV Officers  4.1. Officers.  The officers of the Association shall be a President, Vice President, Secretary, and' Treasurer. The President and Secretary shall be elected from among the members of the Board; other officers may, but need not be members of the Board. The Board may appoint such other officers, including one or more. Assistant Secretaries and one or more Assistant Treasurers, as it shall deem desirable, such officers to have such authority and perform such duties as thel Board prescribes. Any two or more offices may bel held! by the same person, except the offices of President and Secretary. This Section 4.1 shall not apply to the Declarant during the period in which the Declarant has the right to appoint and remove the officers and directors of the Association.  -15-    4.2. President.  The President shall be the chief executive officer of the Association and shall preside at all meetings of the Members and directors. The immediate supervision oft the affairs of the Association shall be vested int thel President. Its shall bet thel President's duty to attend tot thel business of the. Association and maintain strict supervision over all ofi its affairs andi interests. The President shall keep thel Board ofI Directors fully advised about the affairs and conditions oft the Association, and shall manage and operate the business oft the Association pursuant toa andi in accordance with such policies as may be prescribed  from time tot time by the Board of Directors. 4.3. Vice President.  The Vice President(s), if any, shall act in the President's absence or disability and shall have all powers, duties, and responsibilities provided for the President when soa acting, and shall perform such other duties as shall fromi time tot time bei imposed upon any Vice President by the Board or delegated toa Vice President by thel President,  4.4. Secretary.  The Secretary: shall keep the minutes of all meetings of thel Members and oft the Board of Directors; notify the Members and directors of meetings as provided by these By-Laws and Georgia law;havecustody of the records and books of the Association;' have custody of the seal of the Association; affix such seal to any instrument requiring the same; attest the signature or certify the incumbency or signature of any officer oft the Association; and perform such other duties as the President, or the Board of Directors may prescribe. The Secretary shall perform the duties of the Treasurer of the Association  int the absence or disability of the Treasurer. 4.5. Treasurer.  The Treasurer shall keep, or cause tol be kept, the financial books and records of the Association, and shall faithfully account for the Association's funds, financial assets, and other assets entrusted tot the Treasurer's care and custody. The Treasurer shall make such reports as may be necessary tol keep the President and the Board of Directors informed ata all times as to the financial condition oft the Association, and shall perform such other duties ast thel President, or thel Board of Directors may prescribe. The Treasurer shall maintain the money and other assets oft the Association int the name and tot the credit of the Association ins such depositories as may be designated by the Board of Directors. The Treasurer may provide for the investment of the money and other assets of the Association consistent with the needs of the Association to disburse such money assets in the course of the Association's business. The Treasurer shall perform the of the Secretary of the Association int the absence or disability of the Secretary.  -16-    4.6. Election and Term of Office.  Except for officers appointed by the Declarant, the Board shall appoint the officers of the Association at the first meeting of the Board following each annual meeting of the Members, tos serve until their successors are elected. 4.7. Removal and Vacancies.  The Board may remove any officer whenever ini its judgment the best interests of the Association willl be served, and may fill any vacancy in any office arising! because ofc death, resignation, removal, or otherwise, for the unexpired portion of the term.  4.8. Powers and Duties.  The Association's officers shall eachl have such powers and duties as generally pertain to their respective offices, as well as such powers and duties as may specifically be conferred or imposed by the Board of Directors. The President shall be the Association's chief executive officer. The Treasurer shall have primary responsibility for the preparation of the budget as provided for in the Declaration and may delegate all or partoft the preparation and notification duties toa finance committee, management agent,  or both. 4.9. Resignation.  Any officer may resign at any time by giving written notice to the Board of Directors, thel President, ort the Secretary. Such resignation shall take effect on the date of the receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it  effective. 4.10. Compensation. compensation of directors under Section 3.12. 4.11. Additional Officers and Agents.  Compensation of officers shall be subject to the same limitations as  The Board of Directors may appoint such other officers, including assistant secretaries and assistant treasurers, and agents asi it shall deem necessary. Such officers and agents shall hold their respective offices for such terms and shall exercise such powers and perform such duties as shall be determined from time tot time by the Board  of Directors.  Article V Committees  Advisory committees to perform such tasks and to serve for such periods as may bec designated by the Board or as provided int thel Declaration are hereby authorized.  -17-    Each committee shalll be composed and shall operate in accordance with the terms Declaration or resolution of the Board of Directors designating the committee rules adopted by the Board ofl Directors. An advisory committee shall not be author toe exercise any authority oft thel Board under the Articles ofl Incorporation, thel Declaratic these By-Laws or the Georgial Nonprofit Corporation Code.  Article VI Miscellaneous  6.1. Fiscal Year.  The fiscal year of the Association shall be the calendar year unless the  establishes a different fiscal year by resolution. 6.2. Parliamentary Rules.  Except as may be modified by Board resolution, Robert's Rules ofOrder edition) shall govern the conduct of Association proceedings when not in conflict  Georgia law ort the Governing Documents. 6.3. Conflicts.  Ift there are conflicts between the provisions of Georgia law, the Arti Incorporation, the Declaration, and these By-Laws, the provisions of Georgia Declaration, the Articles ofI Incorporation, and the By-Laws (in that order) shall prev  6.4. Books and Records.  (a) Inspection by. Members and Mortgagees: The Board shall make available for inspection and copying by any holder, insurer, or guarantor ofa a first Mortgage ona Unit, any Member, the Declarant, or the duly appointed representative of any of the foregoing at any reasonable time and for a purpose reasonably related to his or her interest inal Unit the following documents: (i) the Declaration, By-Laws, and Articles of Incorporation and any amendments tot the foregoing; (i) the Use Restrictions and Rules; (iii) the membership register; (iv) books of account; and (v) the minutes of meetings of the Members, the Board, and committees. The Board shall provide fors such inspection to take place at the office of the Association or at the office of the management agent or manager, if any, or at such other place within the Community as the Board  designate.  -18-    (b). Rules for Inspection. The Board shall establish reasonable rules with () notice tol be given to the custodian oft the records; (ii) hours and days of the week whens such ani inspection may be made; (in) payment oft the cost of reproducing copies of documents requested. (c) Inspection! by Directors. Every director shalll have the absolute right ata any reasonable time toi inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection bya director includes the right to make a copy of relevant documents at the expense oft the  respect to:  and,  Association. 6.5. Notices.  Except as otherwise provided int the Declaration or these By-Laws, all notices, demands, bills, statements, and other communications under thel Declaration or these By- Laws shall be in writing and shall be deemed to have been duly given if delivered personally or when sent by United States mail, first class postage prepaid:  (a) iftoal Member, att thea address which thel Member has designated in writing and filed with the Secretary or, ifr nos such address has been designated, att the address of the Unit of such Member or if by electronic transmission by a form of electronic transmission consented by thel Board of Directors as provided inai resolution oft the Board of Directors and otherwise ina accordance with the Nonprofit Code.; or,  (b) if tot the Association, the Board of Directors, or the managing agent, at the principal office of the Association or the managing agent, or at such other address as shall be designated by notice in writing to the Members pursuant to this Section or if by electronic transmission by a form of electronic transmission consented by the Board of Directors as provided in a resolution of the Board of Directors and otherwise in 6.6 Electronic Records, Signatures and Documents. To the extent permitted by the Uniform Electronic Transaction Act, O.C.G.A. S 10-12-1,ets seq., the Nonprofit Code, the Declaration and these By-Laws, the Association and its members, officers, directors, Owners and Occupants may perform any obligation or exercise any right by use ofe electronic means providing sufficient security, reliability, identification and verifiability, which electronic means have been approved by thel Board of Directors in  accordance with the Nonprofit Code.  its sole discretion.  -19-    6.7. Amendment.  (a): By Declarant. So Iong as Declarant has the right to appoint and remove officers and directors, Declarant may unilaterally amend these By-Laws for any purpose; provided that such amendment shall not materially adversely affect the substantive rights of an Owner to use and enjoy his or her Unit or adversely affectt the titlet to any Unit unless the Owner shall consent thereto in writing. Thereafter, Declarant may amend these By-Laws ifs such amendment is specifically required to enable any governmental institutional lender, purchaser, guarantor, or insurer of mortgage loans to make, purchase, insure, or guaranteei mortgage. loans ont the Units.  (b) By Members. Except as provided above, these By-Laws may be amended only by the affirmative vote or written consent, or any combination thereof, ofl Members representing atl least two-thirds (2/3) of the total votes in the Association, the consent of Declarant, sol long as Declarant owns any property in the Community or has the right to unilaterally annex additional property to the Community. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that  clause.  (c) Validity and Effective Daté of. Amendments: Amendments to these By- Laws shall become effective upon Recordation, unless a later effective date is specified therein. Any procedural challenge to an amendment must ber made within six (6) months of its recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any  provisions of these By-Laws.  No amendment may remove, revoke, or modify any right or privilege of Declarant without the written consent of Declarant or the assignee of such right or  privilege.  Ifa Member consents to any amendment to the Declaration or these By-Laws, it will be conclusively presumed that such Member has the authority so to consent and nocontrary provision in any Mortgage or contract between thel Member and at third party  will affect the validity ofs such amendment. PiClmaas5Bambet. GovelBylawaBambetic Grove.docx  -20-