SUMMARY
OF SUBDIVISION COVENANTS FOR
ROCKFORD
FARM
THE
FOLLOWING SUMMARY IS NOT AN EXHAUSTIVE DISCUSSION OF THE CONDITIONS AND
RESTRICTIONS AFFECTING THE
ROCKFORD
FARM SUBDIVISION. ANY
PROSPECTIVE OWNER SHOULD CAREFULLY READ THE AMENDED AND RESTATED DECLARATION
OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
ROCKFORD
FARM (THE “DECLARATION”) BEFORE PURCHASING A
LOT
. ALL CAPITALIZED TERMS NOT
DEFINED HEREIN SHALL HAVE THE MEANINGS GIVEN TO THEM IN THE DECLARATION.
GOVERNANCE
- Rockford Farm
Subdivision contains both residential Lots and Common Area.
A Home Owners’ Association, the Rockford Farm Home Owners’
Association, Inc., a
Georgia
nonprofit corporation (the “Association”), shall have the authority
to enforce the Declaration on all Owners.
The Board of Directors shall
govern the affairs of the Association.
- The
Declarant shall control the Board of Directors and the Architectural
Control Committee (the “ACC”) until the Declarant sells all of the
Lots it owns.
- The Association
shall allow voting privileges of one vote for each
Lot
owned, Declarant included. When
more than one person holds an interest in any
Lot
, the vote of such
Lot
shall be exercised as they among themselves determine, but in no event
shall more than one vote be cast with respect to any
Lot
.
- The
Board of Directors has the authority, among other things, to:
(a)
adopt rules and
regulations governing the details of the
administration, management, operation and use of the Common Area and any
recreational facilities located
thereon;
(b)
to provide for the
operation, care, upkeep, maintenance, repair, replacement and improvement
of the Common Area and any recreational facilities located thereon and
payments therefor; and
(c)
to
estimate the amount of, prepare, adopt and distribute the budget
for the Association not less
frequently than annually, to provide the manner of assessing, levying on and
collecting from the Owners the annual and
special assessments, and to levy fines
against one
or more occupants in accordance with the Declaration.
ASSESSMENTS
- The annual
assessment shall be per each
Lot
and shall be Three Hundred Dollars ($300) per
Lot
until the Board of Directors determines otherwise.
- In addition to
annual assessments, the Association may levy special assessments for the
purpose of defraying the cost of any construction, reconstruction,
repair or replacement of any capital improvement upon the Common Area,
provided that any such assessment shall require the approval of the
Majority.
- Notwithstanding
the foregoing, for all Lots purchased on or before
December 31, 2007
, no assessments shall be due and payable until
January 1, 2008
for the assessment period running from
January 1, 2008
to
December 31, 2008
.
BUILDING
AND USE RESTRICTIONS
- No building shall
be erected, placed or have its architectural features materially altered
on any
Lot
in the subdivision until the building plans, specifications, plot plans,
site plans and landscape plans have been approved by the ACC.
A sample of Guidelines and Design standards that may be enacted
by the ACC are included as part of the Declaration and attached hereto
as Exhibit A.
- Only one dwelling
or residential structure shall be erected per
Lot
. Each dwelling or
residential structure is required to contain a minimum of 2,000 enclosed
square feet of heated space, exclusive of garage and/or unfinished
basement. The main floor of
multi-story homes must have a minimum of 1,500 square feet of heated
space. High-grade exterior finishes and workmanship are required on each
dwelling and are limited to brick, stone, wood, and/or other finishes
approved by the ACC. Approved
premium grade vinyl may be used as cornice and soffit only. The exterior
of any dwelling or residential structure must be completed within nine
(9) months after the commencement of construction.
Erection of garden houses, gazebos, or other decorative type
buildings may be permitted upon approval of the ACC but have to be of
the same material design as the house.
Site/Landscape plans shall be submitted, reviewed and approved by
the ACC prior to construction. Yard and grounds shall be landscaped
before occupancy.
- Trailers, mobile,
manufactured or modular homes, boats, trucks (other than pickup trucks)
or any similar units or structures shall not be placed on any
Lot
at any time. The pursuit of
hobbies or other activities which might tend to cause disorderly,
unsightly or unkempt conditions, shall not be allowed or undertaken on
any portion of the Common Area or on any
Lot
in a location visible to a road or an adjoining
Lot
.
- There shall be no
all-terrain vehicles, dune buggies, go carts, or any type of motorized
vehicle designed primarily for off road use allowed on any portion of
the Property, except in storage. Storage
should not be visible from the street or any other
Lot
.
- Structures, other
than satellite receiving dishes of not more than 20 inches in diameter,
for the purpose of receiving radio, cellular or television broadcast
signals, shall not be permitted on any
Lot
. No structure, with the exception of mail boxes, shall be erected
between the front building line of the
Lot
and the street. All mailboxes are to be uniform in design and
construction as provided by the Association and paid for by the
homeowner or builder.
- No stable,
poultry house, or yard rabbit hutch or similar structure shall be
constructed or allowed to remain on any
Lot
, nor shall livestock of any nature or classification whatsoever be kept
or maintained on any
Lot
. However, household pets
shall be permitted, provided they are not raised for commercial
purposes. Pets are to be
confined to the Owners’ premises; this is to include house and yard.
Dog runs and chain link fences are expressly prohibited.
Invisible fences and decorative fencing may be allowed certain
portions of Lots as approved prior to construction by the ACC.
- All houses shall
have a minimum setback of 60 feet from the back of curb, a minimum
20-foot setback on each side, and a minimum 20-foot setback on the rear,
unless otherwise approved by the ACC.
- All fencing must
be approved by the ACC and be in character with the subdivision and the
architecture of the dwelling in question.
No chain link, plastic type or vinyl clad fencing will be
allowed.
- Each
Owner, whether vacant or occupied, shall keep and maintain the exterior of any and all improvements located
thereon in a neat, attractive and
safe condition. Each
Owner shall also maintain the trees, shrubs, hedges and other landscaping thereon
and, in any case, shall be responsible for watering the lawns, trees,
shrubs, hedges, and other landscaping on a regular and as needed
basis. Should any Owner fail
to maintain his Lot, the Association may, after thirty (30) days written notice, enter upon his
Lot to perform such exterior landscaping and maintenance as the
Association deems necessary or
advisable. Such Owner shall be
personally liable to the
Association for the
direct and indirect cost of such landscaping and
maintenance, which costs shall be added to and become part of the
assessment to which such Owner
and his
Lot
are subject.
- Declarant has
entered into an agreement with Toccoa Natural Gas to supply each of the
Lots with natural gas. Any
Owner building upon his
Lot
may be required to pay a connection fee (unrelated to usage) prior to
submitting his Application for Construction to the ACC.
For three or more appliances (two of which must be the water
heater and furnace), the connection fee is zero dollars.
The fee schedule (ranging up to $1,500) and list of appliances
are set forth in the Declaration.
This summary does not purport to be a complete
description AND is qualified in ITS entirety by reference to the complete
text of the declaration. IF
THERE IS ANY CONFLICT Between THIS summary and the declaration, the
declaration shall control.
EXHIBIT
A
Guidelines and Design Standards
The purpose of the ACC is to help preserve and protect values in
our community by establishment and maintenance of high standards of
architectural design, quality and construction to blend harmoniously
with the neighborhood.
The ACC shall have authority as set out in this Declaration, as
such may be amended from time-to-time.
Decisions are to be made by a majority vote of the ACC members.
Each member of the ACC shall have an equal vote.
The Board shall have the right to review rejected applications
that are properly appealed. An
Owner may appeal the rejection of its application to the ACC by setting
forth, in writing, specifically the matters of its appeal.
If the Declarant owns any
Lot
, a denied application shall be
appealed by such Owner to the Declarant, whose decision is binding. From and after the time the
Declarant no longer owns any
Lot
, a denied application shall be
appealed by such Owner to the Board, whose decision is binding.
The ACC shall, from time-to-time, prescribe certain rules and
regulations to govern the conduct of Owners and their contractors and
agents in connection with any construction on such Owner’s
Lot
(the “Contractors Rules and Regulations”).
Any Owner may request a copy of the Contractors Rules and Regulations from the ACC, and the ACC
shall provide such copy in a reasonable time thereafter.
The ACC shall meet
as necessary to review applications.
Applications duly filed shall be approved or rejected by the ACC
within fifteen (15) calendar days of such filing.
Applications shall include the following:
- Site
Plan.
- Include
house and drive location with set backs and first floor finished
elevation.
- Erosion
control plan with silt screens and/or hay bale dams located.
- Location
of utilities.
- A
copy of the Contractors
Rules and Regulations, signed by each of the Owner and the
general contractor, if any. All
general contractors or builders will have to be approved by the ACC,
and the ACC will maintain a list of such general contractors and
builders (the “Approved List”).
The Approved List will be determined on the sole discretion
of the ACC (except as otherwise determined by the Board).
- Floor
plans and elevations (2 sets) of all improvements proposed on the
Lot
in a scale of ¼”:1’-0”.
- Exterior
material specifications and colors (actual material and color
samples required prior to installation).
- Roof
specifications and colors (actual material and color samples
required prior to installation).
- Landscape
plan, including any proposed plantings (size and number), walkways,
fences, trees, exterior lighting and drainage and other similar
features.
- Rough,
on site, stake out of building corners and drive.
- Location
of outside equipment necessary for the operation of the improvements
on the
Lot
, including without limitation any heating and air conditioning
equipment.
SPECIFIC
ARCHITECTUAL GUIDELINES
The following are a sample list of items the ACC may
require or recommend:
1.
High quality construction and contractors.
2.
Aesthetic conformity and harmonious blend of architecture
throughout.
3.
Preservation of natural beauty and general character of
community.
4.
High-grade exterior finishes are limited to brick, natural
stone, wood, and/or other finishes approved by the ACC.
Vinyl allowed on cornice and soffit only.
5.
Architectural or high grade roofing materials as specified
by the Declarant or the ACC.
6.
Strict signage control.
7.
High pitch roof line (8/12 minimum) excluding porches and
special features. Ceiling height on the main floor must be at least nine
(9) feet; ceiling height in all other finished or unfinished areas must
be at least eight (8) feet.
8.
Drives, turnarounds, and parking areas to be concrete.
All delivery trucks must clean up on each lot.
9.
Automatic garage doors.
If at all possible, garage doors shall not face the street
fronted by the dwelling. Approval of the ACC is required for all front
facing or courtyard garage doors.
10.
Landscape buffers to hide utility entrances, meters,
heat/air units, so as not to be seen from front of street.
11.
Landscaping is a critical item in insuring the ultimate
quality of a development. Emphasis
should be placed on the quantity and quality of the landscaping
especially on those lots that have little or no trees.
Native trees, including without limitation tulip, sweet gum
(variety without gum balls), hickory, beach, and evergreen pine and
cedar trees are encouraged along with specimen trees.
12.
Conformance with local, state and any other applicable
building codes and restrictions, including soil erosion control.
13.
Owners shall be responsible for repairing road shoulders
and ditches damaged by their builders, crews, and delivery trucks on
either side of road fronting their lot.
Repairs must be made prior to occupying dwelling.
14.
Irrigation of lawns and planted areas is encouraged.
Lawn areas and planting in the front of each lot must be
irrigated. Corner lots must
irrigate on both sides of the lot. |
|
|