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This Instrument Prepared:
Hampton & Street
Attorneys at Law
630 E. Elk Avenue
Elizabethton, TN 37643
BY-LAWS FOR THE ADMINISTRATION OF
SUNSET RIDGE SUBDIVISION
PROPERTY HOMEOWNERS ASSOCIATION
COUNCIL OF CO-OWNERS
All of the co-owners of lots within SUNSET RIDGE SUBDIVISION shall constitute
the Council of Co-Owners and Board of Administration (hereinafter called the "BOARD").
The purpose of the Board is to administer, on a nonprofit basis, SUNSET
RIDGE SUBDIVISION; to elect the Board; to amend and supplement from time to time
these By-Laws and the system of Administration; and to do and perform any and all other
things, matters, or acts required by or permitted by the Co-Owners and Board of
Administration as an assembly or council under the laws of the State of Tennessee.
ADMINISTRATION AND POWERS OF THE COUNCIL OF CO-OWNERS
Section 1. Eligibility. The owner or owners of a lot, who have become such in
compliance with all of the requirements and conditions precedent contained in the
Declaration of Restrictions, Easements, Buildings Setbacks and Road Maintenance
Agreement, including these By-Laws, shall be entitled to attend and vote at all meetings of the Council of Co-Owners.
Section 2. Voting Rights. The owner or owners of a lot shall be entitled to one vote
at all meetings of the Council of Co-Owners. Where two or more persons own a lot, the vote allocated to that lot shall be cast by the one authorized by such two or more owners. Where only one of two or more owners of a lot is present in person at a meeting, such one shall be entitled to cast the vote with respect to that lot. Where one person or group of persons owns more than one lot, such person or group shall be entitled to cast one vote for each lot owned.
Section 3. Corporation as Owner. In the event a partnership, trustee, corporation or
other entity owns a lot or lots, after having complied with all conditions precedent contained in the Declaration of Restrictions, Easements, Buildings Setbacks and Road Maintenance Agreement, including these By-Laws, the vote of such may be cast by a partner, trustee or officer of the same or by any person authorized in writing by a partner, trustee, or officer thereof, to represent the same.
Section 4. Proxies. Votes may be cast in person or by proxy. Proxies, to be valid,
shall be in writing for the particular meeting designated therein and any adjournments
thereof and shall be filed with the secretary of the meeting prior to voting.
Section 5. Annual Meetings. The annual meeting of the Council of Co-Owners shall
be held at a place, time and date to be determined by the Council of Co-Owners after the first meeting of each year, after the sale of the first lot, for the purpose of transacting any business authorized to be transacted by the members; provided, however, that if such day is a legal holiday, then the meeting shall be held at the same hour on the next following day.
Section 6. Special Meetings. Special Meetings of the Council of Co-Owners shall be
held whenever called by the President and Secretary of the Council of Co-Owners, or by a majority of the Council of Co-Owners, or by the written request of Fifty Per Cent (50%) of the entire number of co-owners. When a special meeting is so called, the Secretary shall mail or hand deliver a written notice of the meeting to all co-owners, or otherwise give reasonable, adequate notice at least seven (7) days in advance of said meeting.
Section 7. Notice. Notice shall be given to all co-owners of meetings of co-owners,
stating the time, place and purpose of which the meeting is called. Such notice shall be in writing and shall be mailed to each member at his address as it appears on the books of the association or may be mailed or delivered to his lot not less than seven (7) days nor more than fifteen (15) days before the meeting. Proof of such mailing or delivery may be given by the written statement of the secretary or other person giving the notice. Notice of a meeting may be waived before, at, or after the meeting; further, appearance either in person or by representative shall hereby be deemed to be waiver of the notice of a meeting.
Section 8. Quorum. A quorum at any meeting of the Council of Co-owners shall
consist of persons entitled to cast at least a majority of the votes of the entire number of lot co-owners. The affirmative vote of a majority of co-owners, being more than fifty percent (50%) of the total number of lots in attendance, is required to adopt any resolution, elect any director, make any decision or, take any action, except that these By-Laws and the system of administration may be modified only in the manner hereinafter.
Section 9. Presiding Officer The President of the Council of Co-Owners shall
preside over all Council of Co-Owners meetings; and the Secretary of the Council of Co-
Owners shall take and keep the minutes and minute books of all Council of Co-Owners
meetings, wherein adopted resolutions shall be recorded, and shall serve as Secretary at such meeting.
Section 10. Amendments. The Council of Co-Owners may, at a duly called, held
and convened meeting, modify or amend the system of administration of SUNSET RIDGE
SUBDIVISION and these By-Laws for the administration of SUNSET RIDGE
SUBDIVISION by the affirmative vote of co-owners representing at least 75% of the total lots in SUNSET RIDGE SUBDIVISION. The said system Administration and these By-
Laws, however, may be only so amended in such manner that each one of the parts required by the Code of Tennessee to be within the contents of the By-Laws shall always be embodied in the By-Laws. No such modification or amendment of a system of
administration or of these By-Laws shall be operative unless and until it is embodied in a written instrument and is recorded in the Register's Office for Carter County, Tennessee, in the same manner as was the Declaration of Restrictions, Easements, Buildings Setbacks and Road Maintenance Agreement and these original By-Laws which are a part of the said Declaration of Restrictions, Easements, Buildings Setbacks and Road Maintenance Agreement.
BOARD OF ADMINISTRATION
The Board of Administration of SUNSET RIDGE SUBDIVISION governing its business and affairs and the general common elements therein, shall consist of not less than five (5) persons. Except for the initial members of the Board, each member of the Board shall be either the owner of a lot or of an interest therein, or, in the event of ownership of a lot by a partnership, trustee, corporation or other entity, a partner, trustee or officer or other designated representative thereof.
Section 2. Election of Administrators. The Owners at their annual meeting shall elect
the Board. Each Co-Owner or Co-owners of a lot shall be entitled to one vote per lot for
each of the Board Members to be elected. Each co-owner or co-owners of a lot, on each
ballot, is required to cast his vote for as many persons as there are Board Members to be elected.
Section 3. Vacancies. Vacancies in the Board may be filled until the date of the next
annual meeting by the remaining administrators.
Section 4. Term. The term of each administrator's service shall extend until the next
annual meeting of the Board and thereafter until his successor is duly elected by the Board and qualified or until he is removed in the manner elsewhere provided.
Section 5. Organization Meeting. The organization meeting of a newly elected Board
shall be held within one (1) week of their election at such place and time as shall be fixed by the administrators at the meeting at which they were elected, and no further notice of the organization meeting shall be necessary, providing a quorum shall be present.
Section 6. Regular Meetings. Regular meetings of the Board may be held at such
time and place as shall be determined from time to time by a majority of the Board. Notice of regular meetings shall be given to each administrator personally or by mail, telephone, or telegraph at least seven (7) days prior to the day named for such meeting unless such notice is waived.
Section 7. Special Meetings. Special meetings of the Board may be called by the
President and must be called by the Secretary at the written request of a majority of the
members of the Board. Not less than seven (7) days notice of the meeting shall be given, personally or by mail, telephone, or telegraph, which shall state the time, place and purpose of the meeting unless such notice is waived.
Section 8. Waiver of Notice. Any administrator may waive notice of meeting
before, at, or after the meeting, and such waiver shall be deemed equivalent to the giving of notice; further, appearance, either in person or by representative, shall hereby be deemed to be waiver of the notice of a meeting.
Section 9. Quorum. A quorum at Administrators= meetings shall consist of the
Administrators entitled to cast a majority of the votes of the entire board. The acts of the board approved by a majority of votes present at a meeting at which a quorum is present shall constitute the acts of the Board except as specifically otherwise provided in the Declaration of Restrictions, Easements, Buildings Setbacks and Road Maintenance
Agreement or elsewhere in these By-Laws. If, at any meeting of the Board, there be less than a quorum present, the majority of those present may adjourn the meeting from time to time until a quorum is present. At an adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice.
Section 10. Presiding Officer. The President of the Board shall preside at all
meetings of the Board; the Secretary of the Board shall serve as secretary of all meetings of the Board. In the absence of either, the Board shall designate one of their number to preside or to serve as Secretary, as the case may be.
Section 11. Compensation. No compensation shall be paid to any member of the
Board or to any officer for services as such. Any member of the Board or any officer may be reimbursed for expenses actually incurred by him, upon approval by the Board.
Section 12. Removal. Any member of the Board may be removed and relieved of
duty as such by the vote of co-owners representing a majority of the total of lots at any
regular or special meeting duly called and convened by the Board. The vacancy created by such removal may be filled by the Board at the meeting at which such director was removed.
BOARD OF ADMINISTRATION AS TRUSTEE
The Board shall elect, from its members:
A. A President, who shall be the chief administrative officer of the Board; shall
execute contracts and agreements in the name and behalf of the Board when directed by the Board; shall preside at all meetings and shall perform such other duties as the chief administrative officer as the Board may, from time to time, direct;
B. A Vice President, who shall, in the absence or disability of the President, presides
at all meetings and performs all duties of the President;
C. A Secretary, who shall keep the minutes of all meetings and proceedings of the
Board. He shall attend to the giving and serving of all notices to the co-owners of meetings of the Board, and to the administrators at meetings of the Board. He shall keep all other records of the Board. An Assistant Secretary may also be elected to perform the duties of the Secretary when the Secretary is absent; and
D. A Treasurer, who shall have the custody of all property of the Board, including
funds, securities, evidences of indebtedness, books, assessment rolls and accounts of the coowners. He shall keep the books in accordance with good accounting practice, and he shall perform all other duties incident to the office of Treasurer.
No compensation shall be paid to any administrator or officer for services as such,
except upon approval, by the Board. This provision shall not preclude, however, the Board from employing an independent contractor for the above services or employing an officer or administrator as an employee of the association, such as a manager or as a bookkeeper, auditor, attorney or the like.
FINANCES OF THE BOARD OF ADMINISTRATION
Depository. All monies and funds of the Board shall be deposited in such bank or
banks as may be designate from time to time by the Board. Withdrawals of monies from
such accounts in banks shall be only by checks or drafts signed by such as are authorized by the Board, at least two signatures being required for the signature of any check. An audit of the accounts and books of the Board may be made annually by a public accountant, and a copy of the report shall be furnished to each co-owner not later than February 1 of the year following the year for which the report is made. Fidelity Bonds shall be required by the Board covering all officers and employees of the Board and any agents or managers handling or responsible for funds of the Board for assessments made of members. The amount of such bond or bonds shall be determined by the Board but shall be at least in the amount of the total annual assessments against members for common expenses. Premiums on such bonds shall be paid by the Board from the maintenance fund.
Parliamentary Rules. Robert’s Rules of Order (latest edition) shall govern the
conduct of meetings of the Board, subject to any paramount provisions of the statutes of Tennessee and provisions of the Declaration of Restrictions, Easements, Buildings Setbacks and Road Maintenance Agreement, including these By-Laws.
POWERS OF THE BOARD OF ADMINISTRATION
In addition to the rights, powers and duties conferred upon the Board by the Declaration of Restrictions, Easements, Buildings Setbacks and Road Maintenance Agreement, the laws of the State of Tennessee and by other provisions of these By-Laws and without in anywise limiting the same, the Board shall have the following additional and cumulative rights, powers and duties:
A. To hold title and possession to funds and property, including the maintenance funds and other assessments and including title to any purchased lot or purchase leasehold interest pursuant to the options hereinabove conferred, as trustee for the use and benefit of the co-owners of lots;
B. To make and collect maintenance fund assessments against members to defray the
costs of the common areas, including without limitation, all costs and expenses of
maintaining, repairing, replacing, improving, altering, operating, and administering the
building and common element and of engaging all necessary services and employees
C. To make and collect lot purchase assessments in proper cases and to exercise
options to purchase, where it deemed in the best interest as previously set forth, to
consummate such purchases and to take title as trustees to the lot purchased for the benefit of the other co-owners;
D. To use the proceeds of assessments in the exercise of its powers and duties;
E. The maintenance, repair, replacement, operation, and administration of the
common property, including building and-common elements;
F. The reconstruction of improvements after casualty and the further improvement
of the property, including building and common elements;
G. To make and amend regulations respecting the use of property in the common
areas, including the buildings and common elements;
H. To enforce by legal means, or otherwise, the provisions of the Declaration of
Restrictions, Easements, Buildings Setbacks and Road Maintenance Agreement, including
By-Laws and the regulations for the use of the property in the common area;
I. To employ personnel for reasonable compensation to perform the services
rendered for proper administration of the subdivision, including without limitation, auditors, attorneys, bookkeepers, and managers.
Members of the Board shall-be entitled to cast one (1) vote for each Lot interest
owned by them. Developers shall be entitled to one (1) vote for each lot owned and unsold until such time as all lots are sold and transferred.
These By-Laws are intended to be read in conjunction with the Declaration of Restrictions, Easements, Buildings Setbacks and Road Maintenance Agreement, and if there is any conflict between the By-Laws and the said Declaration of Restrictions, Easements, Buildings Setbacks and Road Maintenance Agreement, the Declaration of Restrictions, Easements, Buildings Setbacks and Road Maintenance Agreement shall control.
CONNIE L. WILLIAMS,
Sworn and subscribed before me this the _______ day of September, 2004.
My Commission Expires:
This Instrument Prepared:
Hampton & Street
Attorneys at Law
630 E. Elk Avenue
Elizabethton, TN 37643
DECLARATION OF RESTRICTIONS, EASEMENTS,
BUILDINGS SETBACKS AND ROAD MAINTENANCE AGREEMENT
SUNSET RIDGE PROPERTY HOMEOWNERS ASSOCIATION
(SUNSET RIDGE SUBDIVISION)
WHEREAS, Connie L Williams owner of Sunset Ridge Subdivision, as shown on plat of record in Plat Cabinet _____, Slides_____ in the Register’s Office for Carter County, Tennessee; as shown on plat of record in Plat Cabinet _____, Slides______ in the Register’s Office for Unicoi County, Tennessee; and
WHEREAS, it is the desire and intention of the undersigned to sell the property referred to above, as set forth on the plat of Sunset Ridge Subdivision hereinafter referred to as “subdivision”, and to impose on said property mutual beneficial restrictions and agreements under a general plan or scheme of improvement for the benefit of all the lands in said lots and the future owners of those lands.
NOW, THEREFORE, Connie L Williams, herein referred to as developer, declare
that all the property described above is held and shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved subject to the following
limitations, restrictions, conditions, agreements and covenants, all of which are declared
and agreed upon for the purpose of enhancing and protection the value, desirability and
attractiveness of the lands and every part thereof. All of the limitations, restrictions,
conditions, agreements and covenants shall run with the land and shall be binding on all
parties having or acquiring any right, title or interest in the described lands or any part
RESERVATIONS AND EASEMENTS
1. Easement for installation and maintenance of all necessary or proper public or private utilities, including, but not limited to, water lines, electric lines, telephone and t.v. cable lines, are reserved where same are presently located and also ten (10) feet in width along all side lot lines and over, across and under all streets and right-of-ways shown on said plats.
2. Easement for Natural drainage is reserved as natural drainage courses now exist and no subsequent purchaser or owner shall obstruct any natural drainage courses.
3. Covenant Running with land as to Ownership, Use and Enjoyment of Streets:
a. The streets in this subdivision now or hereinafter designated on any plats, are private streets, and neither the developers’ execution nor recording the plat nor any other act of the developer with respect to the property is, or is intended to be, or shall be construed as a dedication to the public of the street. Any easement for the use and
enjoyment of said street are reserved to the developer, his successors and assigns; to the persons who are, from time to time, members of Sunset Ridge Property Owners Association, to the residence and any residential structures that may be erected within the boundaries of the subdivision, including the residence and any residential structures that may be erected within the boundaries of any future subdivision developed on any other property owned by the developers, and of the invitee of all the aforementioned persons; the use of which shall be subject to such rules and regulations as may be prescribed by the developer of the Sunset Ridge Property Homeowners Association. The streets in this subdivision shall be quitclaimed by the developer to the Association. However, execution of said Quitclaim deed shall in no manner affect the rights of use reserved herein by developer, his successors and assigns, with respect to the subdivision or any future subdivision developed on property owned by the developer.
b. Every person acquiring title, legal or equitable, to any lot in the subdivision shall become a member of the Sunset Ridge Property Homeowners Association hereinabove and hereinafter referred to as Association, and so long as said person is the owner of any lot, said person must remain a member of the Association.
c. Such membership in not intended to apply to those persons who hold an interest in any lot or unit merely as a security for the performance of any obligation to pay money, for example a mortgage or deed of trust. However, if such person should realize upon his security and become the real owner of a lot, he will then be subject to all the requirements and limitations imposed in these restrictions and agreements on owners of lots with the subdivision and on members of the Association, including these provisions with respect to payment of annual charges.
d. The Association shall be responsible for the maintenance, repair and upkeep of the private streets within the subdivision and there shall be a road maintenance fund established for such purpose. The association shall also promulgate and enforce all regulations necessary for the use and enjoyment of such streets.
e. The Association shall have all the powers that are set out in its by-laws and regulations and all other powers that belong to it by operation of law, including, but not limited to, the power to levy against every member of the Association a inform annual charge per single family residential lot within the subdivision, the amount of said charges to be determined by the members of the Association, after consideration of current maintenance needs and future needs of the Association, for the purposes set forth in its by-laws and regulations and in this Declaration of Restrictions and Road Agreements. No such charges shall ever be made against, or payable by, the developer of the Association itself. Every such charge so made shall be paid by the member to the Association, or its designee, on or before the due date established by the Association. The members of the 3 Association shall fix the amount of the annual charge per lot at least thirty (30) days before the due date and written notice of the charge so fixed shall be sent to each member. If any charge shall not be paid when due, it shall bear interest from the date of the delinquency at the rate of ten percent (10%) per annum. The annual charge shall, if unpaid within thirty (30) days of its due date, become a lien or encumbrance upon the land and acceptance of each deed, not including acceptance by mortgagee, shall be construed to be a covenant to pay the charge. The Association may publish the names of the delinquent members, and may record a lien to secure payment of the unpaid charge plus cost and a reasonable attorney’s fee. Each such lien may be foreclosed at any time. In addition to the remedy of the lien foreclosure, the Association shall have the right to sue for such unpaid charges, interest cost and reasonable attorney’s fees, in any court of competent jurisdiction as a debt owned by any delinquent member of the Association. Every person who shall become the owner of the title, legal or equitable, to any lot in the subdivision by any means shall be conclusively held to have covenanted to pay the Association, or its designee, all charges that the Association shall make pursuant to any paragraph or subparagraph of these restrictions. Any lot acquired is taken subject to the lien for any prior or unpaid charges. The fund accumulated as the result of the charges levied by the Association shall be used exclusively, except for the payment of the Association operating expenses, for the purposes enumerated within this Declaration of Restrictions and Road Agreements, the by-laws of Sunset Ridge Property Homeowners Association, and for any other purpose determined necessary by the property owners association. The lien of a mortgage or deed of trust representing a first lien placed upon any lot for the purpose of permanent financing and/or constructing a residence or other improvement thereon, recorded in accordance with the applicable state laws, shall be from the date of recordation superior to any and all such lien provided for herein. The members of the Association shall have the right to suspend the voting rights, if any, of any member for any period during which any Association charge, including the charges and the fines, if any, hereinabove set forth, owned by the member to the Association remains unpaid and/or during the period of any continuing violation of the restrictive covenants of the subdivision, after the existence of the violation shall have been declared by the members of the Association. f. The grantee of any lot subject to the coverage of this declaration by acceptance of a deed conveying title thereto, or the execution of a contract for the purchase thereof, whether from the developer or any subsequent owners of such lot shall accept such deed or contract upon and subject to each and all of these restrictions and the agreements therein contained, and also the jurisdiction, rights and powers of the developer, and by such acceptance shall for himself, his heirs, personal representatives, successors and assigns, covenant, consent and agree to and with developer, and to and with the grantees and subsequent owners of each of the lots within the subdivision, to keep, observe, comply with and perform said restrictions and agreements. Each such grantee also agrees, by such acceptance, to assume as against the developer, their successors and assigns, all of the risks and hazards of ownership of
occupancy attendant to such lot.
g. At such time as the developer shall, in his sole discretion, determine that it is in the best interest of the subdivision to transfer to the Sunset Ridge Property Homeowners Association, any to the powers, authority, decision making powers, and responsibilities or obligations, or any of said powers, authority, decision making powers, responsibilities or obligations, it being expressly agreed and understood that until the developer do so, said developer shall retain any and all powers, authority, decision making powers and any responsibilities or obligations given to or reserved unto them under this Declaration of Restrictions and Road Agreement.
h. All lots within the subdivision as shown on the various plats of record in the Register’s Office for Carter and Unicoi Counties, Tennessee, referred to hereinabove shall further be subject to those restrictions, covenants, easements, right-of-ways, building setbacks and other provisions noted on the plats of record, including the notations thereon and as specified within the attachment letters recorded therewith with respect to septic systems by the Tennessee Department of Health and Environment (Health Department).
RESTRICTIVE COVENANTS FOR SUNSET RIDGE PROPERTY
The following restrictive mandatory deed covenants shall run with the land and be binding upon the buyer, his successors, heirs, and/or assigns:
1 – All lot owners are members of the Sunset Ridge Property Homeowners Associations (HOA). Each member has one vote per lot. The Developer has three votes per lot until 75% of all lots are sold.
2 – The property shall be used for single family residential purposes only. No structure of a temporary character, trailer, basement, tent, shack, garage, or other building shall hereafter be constructed or located on any lot at any time for use as a residence, either temporary or permanently. Provided, however, that nothing herein contained shall prevent the construction or use of garages or outbuildings as a residence for employees engaged upon the premises and/or elderly relatives.
3 – No single-wide mobile home, double-wide mobile homes, modular homes or campers shall be placed upon the property.
4 – No commercial trade or business shall be carried on upon the property. No noxious or offensive trade or activity shall be carried on upon the property herein, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
5 – Residences shall have not less than 1800 square feet of floor area devoted to living
purposes, exclusive of open porches, garages, patios, basements, and outbuildings.
6 – Lots smaller than 5 acres cannot be subdivided and lots larger than 5 acres cannot be sub divided to parcels less than 5 acres.
7 – No junk, stored or inoperable vehicles, boats, motor homes, campers, or machinery shall be placed or stored upon any lot or lots unless the same be housed and stored inside a property constructed structures as defined herein and the same shall be kept from the view of any right-of-ways. In addition, any vehicle abandoned on the streets of right-of-way for more than 30 days may be towed at the owner’s expense.
8 – Only well constructed buildings of a permanent nature will be permitted. All structures shall be well constructed with exterior walls of brick, vinyl, natural stone, wood, or a combination thereof and at least 50% of the same shall be site built. The roof pitch on all structures shall be no less than a 5/12 pitch. No exposed wall shall consist of concrete or cinder block. All garages, carports, and outbuildings shall be constructed with roofing and outside walls of material and color as that used in the house or residential dwelling erected upon said lot. Connie Williams, owner of Sunset Ridge Subdivision, must review and approve all drawings, blueprints, and architectural changes that would change the outside appearance of all homes in the subdivision prior to construction.
9 – No metal or aluminum fences or walls shall be erected between the front wall of the residential structure and the street on any lot in Sunset Ridge Subdivision. Any fence erected shall present a finished faced to the adjoining lots. Fences and hedges located along lot lines shall not be higher than (7) feet. All construction of residential buildings including landscaping and driveways shall be completed within 180 days. All yards and planting shall be properly maintained.
10 – All structures of every kind shall be set back not less than (15) feet from the side property lines, not less than (30) feet from the rear property lines and not less than (30) feet from the road right-of-way. Lots may be grouped for the centralized location of a residence on two or more lots so long as the easements and setbacks requirements are observed along the boundaries of other adjoining property owners. Any building once constructed, shall be deemed in full compliance with the setback requirements herein set forth upon waiver of any violation of said requirements by the adjoining property owners, any and all provisions to the contrary hereinafter contained notwithstanding.
11 – No farm type poultry or livestock to be kept, raised, bred on the property, no facilities are to be maintained for breeding or other commercial purposes.
12 - Guidelines related to pet care and ownership are to be established by a majority consensus of the property owners regarding leash, noise, and waste while walking regulations. Any and all structures of any type or kind erected for the keeping of household pets shall be erected not more than (5) feet from the back wall of the house or residential dwelling and no structures for the keeping of household pets shall be erected in the side for front yard area of any lot.
13 – All electric service lines are to be overhead along road right-of-ways and individual connections thereto shall be located underground.
14 – No trash, garbage, or other refuse may be thrown or dumped on any vacant lot, street, or right-of-way of the subdivision.
15 – All equipment, garbage cans, wood, storage piles and other similar items shall be screened by adequate fencing, planting or housing.
16 – Easements for natural drainage swells now exist and further easements for drainage are reserved for drainage swells and all other drainage accouterments constructed on the property and no subsequent purchaser or owner shall obstruct and natural or manmade drainage course by any means or method including, but not limited to, filling in of drainage swells. In the event that any subsequent purchaser or owner so
obstructs drainage the undersigned, their heirs, and assigns shall have the right to whatever action is deemed necessary and appropriate to alleviate the drainage obstruction and the purchaser or owner so obstructing shall be responsible for any and all costs associated with eliminating the obstruction. This right to eliminate drainage problems shall be a right and a covenant running with the land and any and all conveyances of property within Sunset Ridge Subdivision shall carry with it the nonexclusive right to obtain relief for the obstruction and recover the cost thereto from the purchaser or owner obstructing drainage.
17 – Temporary driveways covered with at least (3) inches of stone, and silt fencing and/or straw bales must be in place before construction may begin.
18 – Care and maintenance of Ridgetop Lane (A private road) and the Gated Entrance Way, not limited to, but including all gate operating systems and road surface materials, are to be maintained by the HOA. Any changes, upgrades or modifications must carry a (50%) approval in writing by the property owners of the property in Sunset Ridge Subdivision.
19 – These protective covenants may be modified from time to time upon approval in writing by the property owners of not less than (50%) of the property in Sunset Ridge Subdivision. These protective covenants may also be modified by Connie Williams to permit the construction of homes within Sunset Ridge Subdivision for which the architectural design and plan specifications are in keeping with the spirit and purpose of these protective covenants, notwithstanding acceptable deviation from these restrictions. The overall spirit and purpose of these protective covenants is to maintain property values and maintain and enhance the condition, use and natural beauty or the real property by requiring that construction upon said property be of an integrated design and of quality material.
20 – Invalidation of any of these covenants by judgement or Court order shall in no wise affect any of the other provisions herein contained, which said provisions shall remain in full force and effect.
21 – The above protective covenants shall be covenants running with the land and shall
be binding on all parties and persons owning any part of said restricted lots for a period
of 25 years from the date hereof; and thereafter said covenants shall be automatically extended for successive periods of ten (10) years, or until a written release of said covenants, or any portion thereof, shall be executed and recorded by a majority of the owners of said lots in said subdivision, and invalidation of any one of these covenants by judgment or Court order shall in no way affect any of the other provisions which shall
remain in full force and effect. Any property owner to whose benefit these restrictions/reservations inure may proceed at law or equity to prevent the occurrence, or the continuation of any violation hereof, and the successful party shall be awarded reasonable expenses in prosecuting such claim, including attorney fees.
CONNIE L. WILLIAMS
Sworn to and subscribed before me this the _________ day of
My Commission Expires: