Return to:Weissman, Nowack, Curry & Wilco, P.C.
1349 West Peachtree Street, Suite 1500
Atlanta, Georgia 30309
Attn: JMH
STATE OF GEORGIA
COUNTY OF ROCKDALE
DECLARATION OF PROTECTIVE COVENANTS FOR
LAKE CAPRI
WHEREAS, lot owners in the Lake Capri Subdivision in Rockdale County, Georgia, who have signed this Declaration of Protective Covenants, are the owners of that certain real property described herein (the "Property") and desire to subject the Property to the terms and provisions of this Declaration of Protective Covenants for Lake Capri ("Declaration"); and
WHEREAS, the undersigned officers of the Lake Capri Homeowners Association, Inc. desire to approve this Declaration on behalf of the Association; and
NOW, THEREFORE, the undersigned officers of the Association, and all lot owners who have executed this Declaration hereby declare that all of the Property owned by those persons who sign this Declaration shall be held, sold and conveyed subject to this Declaration, which is for the purpose of enhancing and protecting the desirability and attractiveness of, and which shall run with the Property, and be binding on all parties having any right, title or interest in the Property or any part thereof, and shall, subject to all limitations herein provided, inure to the benefit of each owner of any portion of the Property, his heirs, grantees, distributions, successors and assigns and to the benefit of the Association:
DECLARATION OF PROTECTIVE COVENANTS
FOR LAKE CAPRI
WEISSMAN, NOWACK, CURRY, & WILCO, P.C.
Attorneys
Two Midtown Plaza
15th Floor
1349 West Peachtree Street
Atlanta, Georgia 30309
(404) 8859215
TABLE OF CONTENTS
1.NAME...... 1
2.DEFINITIONS...... 1
3.PROPERTY DESCRIPTION...... -2-
4.EFFECTIVE DATE...... 2
5.USE RESTRICTIONS...... 2
6.DURATION...... 6
7.AMENDMENT...... 6
8.GENERAL PROVISIONS...... 6
9.SEVERABILITY...... 7
10.PREPARER...... 7
EXHIBITS
LIST OF SUBMITTED LOTS...... “A”
MODEL CONSENT FORM FOR SUBSEQUENT ADDITIONS...... “B”
DECLARATION OF PROTECTIVE COVENANTS
FOR LAKE CAPRI
1.NAME.
The name of the property is Lake Capri, which property is a residential property owner’s development subject to the Georgia Property Owners' Association Act, O.C.G.A. Section443220, etseq. (Michie 1982).
2.DEFINITIONS.
Generally, terms used in this Declaration, the Bylaws, and the Articles of Incorporation shall have their normal, generally accepted meanings or the meanings given in the Georgia Nonprofit Corporation Code. Unless the context otherwise requires, certain terms used in this Declaration, the Bylaws, and the Articles of Incorporation shall be defined as follows:
(a)Act shall mean the Georgia Property Owners' Association Act, O.C.G.A. § 443220, etseq. (Michie 1982), as such act may be amended from time to time.
(b)Additional Property means those lots as shown on the plats for Lake Capri which are not subject to the terms of this Declaration, but which shall, upon execution of a consent in accordance with terms of this Declaration, become a portion of the Property.
(c)Articles or Articles of Incorporation mean the Articles of Incorporation of the Lake Capri Homeowners Association, Inc., as filed with the Secretary of State of the State of Georgia.
(d)Association shall mean Lake Capri Homeowners Association, Inc. a Georgia nonprofit corporation, its successors or assigns.
(e)Board or Board of Directors shall mean the elected body responsible for management and operation of the Association.
(f)Bylaws mean the Bylaws of the Lake Capri Homeowners Association, Inc.
(g)Common Property shall mean all easements and real property owned by the Association for the common use and enjoyment of the members of the Association, to the extent provided herein or over which the Association has easement rights.
(h)Community-Wide Standard means the standard of conduct, maintenance, or other activity generally prevailing in the Lake Capri Subdivision. Such standard may be more specifically determined by the Board of Directors.
(i)Effective Date means the date as is further defined in Paragraph 3 hereof.
(j)Lot means a portion of the property as shown on the plats for Lake Capri Subdivision that is intended for ownership and use as a singlefamily dwelling site as shown on the said plats and which is subject to the terms of this Declaration.
(k)Occupant means any Person occupying all or any portion of a dwelling or other property located within the Property for any period of time, regardless of whether such Person is a tenant or the Owner of such property.
(l)Officer means an individual who is elected by the Board to serve as President, Vice President, Secretary, or Treasurer, or such other subordinate officers as the Board may determine necessary.
(m)Owner means the record title holder of a Lot, but shall not include a Mortgage Holder.
(n)Person means any individual, corporation, firm, association, partnership, trust, or other legal entity.
(o)Plats shall mean those certain plats recorded in the plat records of Rockdale County for Lake Capri Estates Subdivision, including, but not limited to, those filed by Jeannette C. Farmer, Rockdale County Superior Court Clerk, on May 21, 1963; October 2, 1964; December 1, 1964; May 12, 1965; and June 18, 1968, which are filed in Plat Book C, Pages 1, 5, 18A, 18B, 87, 117A, 117B, 117C, 117D, 131, 148, 173, and 242; and Plat Book E, Page14.
(p)Property means that real estate in Lake Capri Subdivision submitted to the provisions of this Declaration by the Owner's execution of this Declaration after the recording of this Declaration or by the recording of a consent subsequent to the date of recording of this Declaration.
3.PROPERTY DESCRIPTION.
The Property subject to this Declaration is located in Land Lots 217, 218, 231, 232, 249, and 250 of the 16th District, Rockdale, County, Georgia being more particularly described in the signatory portion of this Declaration and in Exhibit “A” attached to this Declaration, which exhibit is specifically incorporated herein by this reference. The Plats are incorporated herein by reference as fully as if the same were set forth in their entirety herein.
Only the real property described in this Paragraph 3 is subject to this Declaration. However, by execution of a consent form by an Owner of a Lot in Lake Capri that is substantially in the form set forth in Exhibit “B” hereto, other real property may be subject to this Declaration.
4.EFFECTIVE DATE.
This Declaration shall become effective upon recording in the Rockdale County land records. Additional consents, by Owners of Lots within the Additional Property may be recorded at any time and from time to time subsequent to the recording of this Declaration, subject to the terms of this Declaration.
5.USE RESTRICTIONS
(a) Residential Use. Each Lot shall be used for residential purposes only, and no trade or business of any kind may be conducted in or from a Lot or any part of the Property, including business uses ancillary to a primary residential use, except that the Owner or Occupant residing in a dwelling on a Lot may conduct such ancillary business activities within that dwelling so long as (a)the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from the exterior of the dwelling; (b)the business activity conforms to all zoning requirements for the Property; (c)the business activity does not increase traffic in the Property; (d)the business activity does not increase the insurance premium paid by the Association or otherwise negatively affect the ability of the Association to obtain insurance coverage; and (e)the business activity is consistent with the residential character of the Property and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents of the Property, as may be determined in the Board's sole discretion.
(b) Improvements on Lots
(i)No building shall be erected, placed, altered or permitted to remain on any Lot until the building plans, elevations, specifications of material, specifications of exterior finish, and specifications of construction methods, with plat plans showing the location of such buildings, have been approved in writing by the Board of Directors, as to conformity and harmony of exterior finish, color, design, and general quality with existing standards of the neighborhood, as to the location of the building with respect to topography and finish ground elevations, which approval shall be at the sole discretion of the Board. If the Board fails to approve or disapprove such plans and specifications within forty-five (45) days after same have been submitted, the Association shall be deemed to have approved such plans and specifications. After the final plans and specifications have been approved, no changes may be made in said plans and specifications without the consent of the Board of Directors. The above covenants also apply to exterior redecoration, alterations and additions.
(ii)No structure shall be erected, altered, placed or permitted to remain on any residential Lot other than one detached, single-family dwelling, not to exceed two stories in height, and a private garage for not more than three cars.
(iii)Dwellings erected on any Lot, after the date of this Declaration is recorded, shall have not less than 1,800 square feet of floor space. Any structure exceeding one story in height shall have not less than 1,000 square feet of ground floor area.
(iv)No structure of any nature shall be erected, placed, altered or permitted to remain on any Lot other than a lake front Lot, less than 50 feet from the front line thereof or less than 30 feet from the rear line thereof or within 10 feet of any side Lot line thereof. The front set back for lake-front Lots shall be no less than 40 feet from the front line thereof.
(v)No tent, shack, garage, barn or other outbuildings shall be erected on any Lot, nor any trailer or basement be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence. There shall be no structures of temporary nature placed on any Lot. No privies or unsightly outbuildings shall be erected on any Lot. Outbuildings provided for herein, which are subject to prior written approval of the Board as provided in subsection 5(b)(i) above, shall be consistent and harmonious with the style and construction of the residential buildings.
(vi)The Board of Directors may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require, but only in accordance with duly adopted rules and regulations. Variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless in writing, (b) be contrary to the restrictions set forth in the body of this Declaration, or (c) prevent the Board from denying a variance in other circumstances. For purposes of this Section, the inability to obtain approval of any governmental agency, the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance.
(iii)No structure shall be erected, placed, altered or permitted to remain on any Lot that is sub-standard or that fails to meet any existing and applicable building, electrical or sanitary code. Zoning regulations applicable to the Property shall be observed. In the event of any conflict between any provision of such zoning regulations and the covenants of this Declaration, the more restrictive provision shall apply.
(iv)Before any dwelling may be occupied, it must be completely finished on the exterior in accordance with plans approved by the Association, all of the yard which is visible from any street must be planted with grass or have other suitable ground cover, and the driveway surface must be paved of the surface approved by the Association.
(v)All changes, modifications and improvements approved by the Board of Directors hereunder must be commenced within one (1) year from the date of approval. If not commenced within one (1) year from the date of such approval, then such approval shall be deemed revoked by the Board, unless the Board gives a written extension for commencing the work. All construction of the exterior of a dwelling on a Lot shall be completed within twelve (12) months from the date on which the construction commenced. All modifications or changes to existing structures or other construction approved by the Board of Directors hereunder shall be completed in its entirety within ninety (90) days from the date of commencement, unless otherwise agreed in writing by the Board of Directors. All approved changes, modifications, and improvements must be completed in their entirety. An Owner may not construct only a portion or part of an approved change, modification, or improvement.
(c) Subdivision of Lots. No Lot may be subdivided into a smaller Lot, except with written Board approval. No Lot may be subdivided into a Lot less than 85 feet wide at the building line.
(d) Lot Maintenance. All maintenance of the Lot and all structures, parking areas, landscaping, and other improvements on the Lot shall be the sole responsibility of the Owner, who shall maintain the Lot in a manner consistent with the CommunityWide Standard and this Declaration. Such maintenance shall include, but not be limited to, maintaining fencing in good repair, exterior painting as needed, and maintenance of all vegetation and landscaping in good and presentable condition. All yards shall be maintained in a neat and orderly condition, which shall include removal of leaves, broken limbs, dead trees and other debris as necessary. All lawns must be regularly cut (general grass height may not exceed eight (8") inches) and maintained (no noticeable weed problem).
(e) Drainage and Erosion Control. No activity that may create erosion or siltation problems shall be undertaken on any Lot without the prior written approval of the Board of Directors of plans and specifications for the prevention and control of such erosion or siltation.
(f) Use of Lakes. Members of the Association in good standing may use the lakes subject to the following:
(i)No gas-operated motors of any kind will be permitted on any lake. Sailboats, rowboats, canoes, and other boats propelled by electric motors will be permitted on any lake in the community.
(ii)No trout lines or seines are permitted in any lake.
(iii)No refuse of any kind shall be placed on or disposed of from any Lot into the adjacent water.
(iv)Subject to prior written approval of the Board of Directors, members of the Association in good standing owning lake-front Lots will be permitted to:
(A)erect on their property wooden piers extending into the lake adjacent to their property; provided, however, no such pier shall exceed twenty (20) feet in total length;
(B)install electric water pumps for irrigation purposes; provided such pumps are screened (shrubbery, trees, flowers, etc.) so they cannot be seen from the lakes.
If a member of the Association with a dock or electric pump fails to pay assessments as provided for herein, the Board of Directors may require that such docks and pumps must be removed from the lakes within 30 days of the date of such notice from the Board of Directors.
(g) Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs site lines at elevations between 2 and 6 feet above the roadways shall be erected, placed, planted or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street property lines extended. The sight line limitation shall apply to any Lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distance of such intersection unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines.
(h) Rubbish, Trash and Construction Debris. All garbage cans shall be located so as to be screened or concealed from view of neighboring Lots and the street on which the Lot fronts. Only on the day of garbage pick-up may the containers be left in the open. In no event may garbage containers be left out more than 48 continuous hours. All construction debris, rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate. No person shall dump or bury rubbish, garbage or any other form of solid waste, except compost, on any Lot or on the Common Property.
(i) Clotheslines. Outdoor clotheslines must be screened by approved landscaping fencing, or placed in a location not readily visible from any street or adjoining property.
(j) Fencing.All fencing must be approved by the Board of Directors prior to installation.
(k) Recreational Equipment. All recreational equipment must be placed behind the rear building line of the dwelling.
(l) Vehicles. Automobiles, mini-vans, sports utility vehicles used as passenger vehicles and motorcycles in good repair may be parked only in the garage, carport, driveway or gravel or paved parking pad perpendicular to the driveway. No vehicles may be parked on grass areas. All campers, boats, motor homes, recreational vehicles (RV’s), disabled vehicles (obviously inoperable or without a current license tag), commercial equipment, and commercial vehicles must be parked in a garage, in another enclosed area approved in writing by the Board and not visible from any street, or in the rear of the Lot behind the dwelling. Fencing or landscaping of an approved design must be used to screen any such vehicles in enclosed areas. No motorized vehicles of any kind are permitted on pathways or unpaved Common Property except for public safety vehicles and vehicles authorized by the Board of Directors.