COVENANTS, CONDITIONS & RESTRICTIONS

(CC&Rs)

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Article XI

Architectural Standards

Section 1

Authority

The Board of Directors shall have the authority and standing, on behalf of the Association, to enforce in courts of competent jurisdiction decisions of the Architectural Control Committee established in Section 2 of this Article and Article XII. This Article may not be amended without the Declarant's written consent so long as the Declarant owns any property and subject to this Declaration or subject to annexation to this Declaration.

No construction, which term shall include within its definition standing, clearing, excavation, grading, and other site work, no exterior alteration or modification of existing improvements, and no removal of trees shall take place except in strict compliance with this.  Article and Article XII of this Declaration until the requirements of each have been fully met, and until the approval of the appropriate entities has been obtained.

Section 2

Architectural Control Committee

 The Architectural Control Committee ("ACC") shall have exclusive jurisdiction over all original construction on any portion of the Property, and all modifications, additions, or alterations made on or to existing Units or structures containing Units and the Common Area. The ACC shall prepare and, on.behalf of.the Board of Directors, shall promulgate design and development guidelines and application and review procedures and shall promulgate detailed standards and procedures governing its areas of responsibilities and practice, consistent with the standards of the community. Copies shall be available from the ACC for review. The guidelines and procedures shall be those of the Association, and the ACC shall have sole and full authority to prepare and to amend the standards. It shall make the standards available to Owners, builders, and developers who seek to engage in development of or construction upon all or any portion of the Property and such Owners, builders and developers shall conduct their operations strictly in accordance therewith. 

No building, fence, wall or other structure shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications, consisting of one site plan. and one (I) copy of the elevation and floor plan, shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the ACC. No permission or approval shall be required to repaint in accordance with an originally approved color scheme. or to rebuild in accordance with originally approved plans and specifications. Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior of his Unit, or to paint the interior or his Unit any color desired. In the event ACC fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and this Article will be deemed to have been fully complied with. During the Class "B" Control Period, the Declarant shall act as the ACC. Following the termination of the Class "B" Control Period, as provided in Article III, Section 2, hereof; the ACC shall be composed of four (4) persons; three (3) appointed by the Declarant, one elected by the Members. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Until 100 percent (100%) of the Property has been developed and conveyed to purchasers in the normal course of development and sale, the Declarant shall retain its right to appoint its three (3) members of the ACC. There shall be no surrender of this right prior to that time except in a written instrument in recordable form executed by Declarant. Upon the expiration of such light, the Board of Directors shall appoint the three (3) members of the ACC previously appointed by Declarant.

 

Section 3

No Waiver  of Future Approvals

 

The approval of either the ACC of any proposals or plans and specifications or drawings for any work done or proposed or in connected with any other matter requiring the approval and consent of such Committee, shall not be r deemed to constitute a waiver of any rights to withhold approval or consent as to any similar proposals, plans, and specifications, drawings, or matters whatever subsequently or additionally submitted for approval or consent.

Section 4

Variance

The ACC may authorize variances from compliance with any of the provisions of the design standards when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental consideration require, but only in accordance with duly adopted rules and regulations. Such variances may only be granted, however, when unique circumstances dictate and no variance shall:

  1. be effective unless in writing

  2. be contrary to the restrictions set forth in the body of this Declaration, or

  3. stop the Committee 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 wanting a variance 

Section 5

No Liability 

Plans and specifications are not approved for engineering or structural design or quality of materials, and by approving such plans and specifications, neither the Declarant, the ACC, the Board, their designees nor the Association assume liability or responsibility therefor, nor for any defect in any structure constructed from such plans and specifications. Neither Declarant, the Association, the ACC, the Board, the Board's designee, nor any of the officers, directors, members, employees, and agents of any of the them shall be liable in damages to anyone submitting plans and specifications to any of them for approval, or to any Owner of property affected by this Declaration by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans and specifications. Every Owner agrees that such person or Owner will not bring any action or suit against Declarant, the Association, the ACC. the Board. the Board's designees, or the officers, directors, members, employees, and agents of any of them to recover any damages and hereby releases, remises, quitclaims and covenants not to sue for all claims. demands, and causes of action arising out of or in correction with any judgment, negligence, or nonfeasance and hereby waive the provisions of any law which provides that a general release does not extend to the claims, demands. and causes of action not known at the time the release is given.

 

Article I

Definitions

 Section 1

  • "Articles of Incorporation" or "Article" shall mean and refer to the Articles of Incorporation of Greystone Estates HOA to be filed with the Secretary of the State of Tennessee.

Section 2​

  • "Association" shall mean and refer to Greystone Estates HOA, a non-profit corporation, its successors and assigns.​

Section 3

  • "Base Assessment" shall mean and refer to assessments levied against all Units in the Property to fund Common Expenses.​

Section 4

  • "Board of Directors" or "Board" shall be the elected body having its normal meaning under Tennessee corporate law.

Section 5​

  • "By-laws" shall mean and refer to the By-Laws of Greystone Estates HOA, attached hereto as Exhibit A and incorporated herein by reference, as they may be amended from time to time.

Section 6​​

  • "Class "B" Control Period" shall mean and refer to the period of time during which the Class "B" Member is entitled to appoint a majority of the members of the Board of Directors, as provided in Article III Section 2, hereof.
     

Section 7

  • "Common Area" shall mean all real and personal property which the Association now or hereafter owns or otherwise holds for the common use and enjoyment of all Owners. Any pubic rights of way within or adjacent to the Property may be a part of the Common Area.

Section 8

  • "Common Expenses" shall mean and include the actual and estimated expenses incurred by the Association fur the general benefit of all Unit Owners, including any reasonable reserve, all as may be found necessary and appropriate by the Board pursuant to this Declaration, the By-Laws, and the Articles of Incorporation of the Association.

Section 9

  • "Community Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing throughout the Property. Such standard may be more specifically determined by the Board of Directors.

Section 10

  • "Declarant" shall mean and refer to Greystone Development, L.L.C., a Tennessee Corporation, principal place of business in White House, Tennessee, its successors, and assigns.

Section 11

  • "Member" shall mean and refer to a Person entitled to membership in the Association, as provided herein.

Section 12

  • "Mortgage" shall mean and refer to the holder of a first lien deed of trust encumbering a Lot.

Section 13

  • "Mortgagee" shall mean and refer to a beneficiary or holder of a Mortgage.

Section 14

  • "Mortgagor" shall mean and refer to any Person who gives a Mortgage.

Section 15​​

  • "Owner" or "Unit Owner" shall mean and refer to one (1) or more Persons who hold the record title to any Unit which is part of the Property, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Unit is  subject to a written lease with a term in excess of one (1) year and the Lease specifically so provides, then upon filing a copy of the lease with the Board of Directors the lessee (rather than the fee owner) will be considered the Owner. 

Section 16

  • "Parcel Developer" means any builder who purchases land within the Property (as defined in this Article I) for the purpose of development and sale.

Section 17

  • "Person" means a natural person, a corporation, a partnership, a limited liability company, a trustee, or other legal entity.

Section 18

  • "Plan" shall mean and refer to the plan for the development of the Property as approved by White House, Tennessee, Planning Commission, to be recorded in the Register's Office for Sumner County, Tennessee, as it may be amended from time to time. The "Plan" shall include the recorded plans for the development of any additional property as is hereinafter subjected to this Declaration by Supplemental Declaration.

Section 19

  • "Properties" shall mean and refer to any and all of that certain real estate heretofore described or which may be submitted to the Declaration by future development of additional sections of Greystone Estates. 

Section 20

  • "Special Assessment" shall mean and refer to assessments levied in accordance with Article X, Section 3 of this Declaration. 

Section 21

  • "Supplemental Declaration" shall mean an amendment or supplement to this Declaration which subjects additional property to this Declaration or imposes, expressly or by reference, additional restrictions and obligations on the land described therein, or both. 

Section 22​​

  • "Unit" shall mean a portion of the Property, whether developed or undeveloped, intended for development as a single-family residence. The term "Unit" shall include all portions of the lot owned including any structure thereon. 


 

 

Article II

Property Rights

Every Owner shall have a right and easement of enjoyments in and to the Common Area, subject to this Declaration as it may be amended from time to time and to any restrictions or limitations contained in any deed conveying such property to the Association or as may be otherwise imposed by the Association. Any Owner may delegate his or her right of enjoyment to the members of his or her family, tenants, members and social invitees, as applicable, subject to reasonable regulation by the Board and in accordance with procedures it may adopt. An Owner who leases his or her Unit shall be deemed to have delegated all such rights to the Unit's lessee.

Article III

Membership and Voting Rights

 

Section 1

  • Membership Every Owner; as defined in Article I, shall be deemed to have a membership in the Association, and as such. shall be a Member of the Association

  • No Owner, whether one (1) or more Persons, shall have more than one (1) membership per Unit owned. In the event the Owner of a Unit is more than one (1) Person, votes and rights of use and enjoyment shall be as provided in Section 2 of this Article. The membership rights of a Unit owned by a corporation or partnership shall be exercised by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association, subject to the provisions of this Declaration and the By-Laws.

​​​Section 2

  • Voting - The Association shall have two (2) classes of membership, Class "A" and Class "B", as follow:

    • Class "A" - Class "A" Members shall be all Owners with the exception of the Class "B" Member, if any.

      • Class "A" Members shall be entitled to one (1) equal vote for each Unit in which they hold the interest required for membership under Section I hereof; there shall be only one (1) vote per Unit.

      • If more than one (1) person holds the interest in such Unit required for membership the vote for such Unit shall be exercised as those Persons determine among themselves and advise the Secretary of the Association in writing prior to any meeting. In the absence of such advice, the Units vote shall be suspended if more than one (1) Person seeks to exercise it. 

    • Class "B" - The class Member shall be the Declarant. The Class "B" Member shall be entitled to ten (10) votes for each Unit in which it holds the interest required for membership under Section I hereof. The rights of the Class "B" Member, including the right to approve actions taken under this Declaration and the By-Laws, are specified elsewhere in the Decimation and the By-Laws. The Class "B" Member shall be entitled to appoint a majority of the members of the Board of Directors during the Class "B" Control Period, as specified in Article III, Section 2, of the By-Laws. After termination of the Class "B" Control Period, the Class "B" Member shall have the right to disapprove actions of the Board of Directors and any committee as provided in Article III, Section 3, of the By-Laws. The Class "B" membership shall terminate and become converted to Class "A" membership upon the earlier of:

      • ​the expiration of the Class "B" Control Period pursuant to Article III of the By-Laws: or

      • when, in its discretion, the Declarant so determines

 

Article IV

Maintenance

Section 1

  • Association's Responsibility - The Association shall maintain and keep in good repair the Common Area. such maintenance to be funded as hereinafter provided. This maintenance Shall include but need not be limited to, maintenance, repair, and replacement, subject to any insurance then in effect, of all landscaping and other flora, structures, and improvements situated upon the Common Area, including but not limited to, drainage systems, recreations and open space, systems, utilities, traffic control devices, the mosquito control programs, pedestrian systems, such emergency shelters which Declarant may construct, all private streets within the Property, and such portions of any additional property included within the Common Area as may be dictated by this Declaration, or by a contract or agreement for maintenance thereof by the Association. In the discharge of its responsibilities, the association shall comply fully with all directives from government authorities.

  • Except as otherwise specifically provided herein, all costs associated with maintenance, repair and replacement of Common Areas shall be allocated among all Units as part of the Base Assessment

  • The Association may maintain property that it does not own, 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.

Section 2

  • Owner's Responsibility - Each Owner shall maintain his or her Unit and all structures, parking areas and other improvements compromising the Unit in a manner consistent with the Community-Wide Standard and all applicable covenants, unless such maintenance responsibility is otherwise assumed in writing by the Association. If the Owner fails properly to perform his or her maintenance responsibility, the Association may perform it and assess all costs incurred by the Association against the Unit and the Unit Owner thereof in accordance with Article X, Section 4 of this Declaration; provided, however; except when entry is required due to an emergency situation, the Association shall afford the Owner reasonable notice and an opportunity to cure the problem prior to entry. 

 

 

 

Article V

Insurance and Casualty Losses

Section 1

Insurance - The Association's Board or its duly authorized agent, shall have the authority to and shall obtain blanket all-risk casualty insurance, if reasonably available, for all insurable improvements on the Common Area. If blanket all-risk coverage is not reasonably available, then at a minimum an insurance policy providing fire and extended coverage shall be obtained. This insurance shall be in the amount sufficient to cover one hundred percent (100%) of the replacement cost of any repair or reconstruction in the event of damage or destruction from any insured hazard. 

 

The Board shall also obtain a public liability policy covering the Common Area, the Association and its Members for all damage or injury caused by the negligence of the Association or any of its Members or agents. The public liability policy shall have at least a One Million Dollar ($1,000,000) single person limit as respects bodily injury and property damage, a One Million Dollars ($1,000,000) limit per occurrence, if reasonability available, and a fifty-thousand dollar ($50,000) minimum property damage limit.

Premiums for all insurance on the Common Area shall be Common Expenses of the Association and shall be included in the Base Assessment, as defined in Article I and as more particularly described in Article X, Section L The policy may contain a reasonable deductible, and in the case of casualty insurance, the amount shall be added to the face amount of the policy in determining whether the insurance at least equals the full replacement cost The deductible shall be paid by the party who would be liable for the loss or repair in the absence of insurance and, in the event of multiple parties' fault, shall be allocated based on the respective fault of each such party. 

All insurance coverage obtained by the Board of Directors shall be written in the name of the Association as trustee for the respective benefited parties, as further identified in (b) below Such insurance shall be governed by the provisions hereinafter set forth: 

  • All policies shall be written with a company licensed to do business in Tennessee which holds a Best's rating of A or better and is assigned a financial size category of XI or larger as established by A.M. Best Company, Inc., if reasonably available, or, if not available. the most nearly equivalent rating. 

  • All policies on the Common Area shall be for the benefit of the Association, its Members, and Mortgagees providing construction financing on the Common Area as their interest may appear; all policies covering the Units shall be for the benefit of the Owners and their Mortgagees as their interests may appear. 

  • Exclusive authority to adjust losses under policies obtained by the Association on the Property shall be vested in the Association's Board of Directors; provided, however no Mortgagee having an interest in such losses may be prohibited from participation in the settlement negotiations if any, related thereto.

  • In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees. 

    • a waiver of subrogation by the insurer as to any claims against the Association's Board of Directors, its manager, the Owners and their- respective tenants, servants, agents, and guests. 

    • a waiver by the answer of its rights to repair and reconstruct, instead of paying cash; 

    • a statement that no policy may be canceled, invalidated, suspended, or subject to non-renewal on account of any one or mo1e individual Owners.

    • a statement that no policy may be canceled, invalidated, suspended, or subject to non• renewal on account of the conduct of any director, officer, or employee of the Association or its duly authorized manager without prior demand in writing delivered to the Association to cure the defect and the allowance of a reasonable time thereafter within which the defect may be cured by the Association, it's manager, any Owner, or Mortgagee.

    • that any other "insurance" clause in any policy exclude individuals Owner's policies from consideration; and

    • that the Association will be given at least thirty (30) days' prior notice of any cancellation substantial modification, or non-renewal.

Section 2

Individual Insurance By virtue of taking title to a Unit that is subject to the terms of this Declaration, each Owner covenants and agrees with all other Owner is and with the Association that each Owner shall carry blanket all-risk casualty insurance on the Unit(s) and structures constructed thereon meeting the same requirements as set forth in Section l of this Article V for insurance on the Common Area, unless the Association carries such insurance (which it is not obligated hereunder). Each Owner further covenants and agrees that in the event of a partial loss or damage resulting in less than total destructions of structures comprising his Unit. the Owner shall proceed promptly to repair to reconstruct the damaged structure in a manner consistent with the original construction or such other plans and specifications as are approved in accordance with Articles XI and XII of this Declaration. The Owner shall pay any costs of repair reconstruction that is not covered by insurance proceeds. In the event that the structure is totally destroyed, the Owner may decide not to rebuild or to reconstruct, in which case the Owner shall clear the Unit of all debris and return it to substantially the natural state in which it existed prior to the beginning of construction and thereafter the Owner shall continue to maintain the Unit in a neat and attractive condition consistent with the Community-Wide Standard.

Section 3

Damage and Destruction

  • Immediately after damage or destruction by fire or other casualty to all or any part of the Property covered by insurance Written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under· such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed Property Repair, or reconstruction as used in this paragraph means repairing or restoring the Property to substantially the same condition in which they existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes.

  • Any damage or destruction to the Common Area shall be repaired or reconstructed unless the Members representing at least seventy-five percent (75%) of the total vote of the Association, shall decide within (60) days after the casualty not to repair or reconstruct. If for any reason either the amount or the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of the repair or reconstruction, or both, are not made available to the Association within said period, then the period shall be extended until such information .shall be made available; provided, however, such extension shall not exceed sixty (60) additional days. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to Common Area shall be repaired or reconstructed; provided, however, this provision shall not apply to construction Mortgagees providing construction financing for such damaged property.

  • In the event that it should be determined in the manner described above that the damage or destruction to the Common Area shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the affected portion of the Property shall be restored to its natural state and maintained by the Association, in a neat and attractive condition consistent with the Community-Wide Standard. 

Section 4

Disbursement of Proceeds

 

If the damage or destruction for which the proceeds of insurance policies are paid is to be repaired or reconstructed, the proceeds, or such portion thereof as may be required for such purpose, shall be disbursed in payment of such repairs or reconstruction as hereinafter provided. Any proceeds remaining after defraying such costs of repair or reconstruction to the Common Area shall be retained by and for the benefit of the Association and placed in a capital improvements account. In the event no repair or reconstruction is made, any proceeds remaining after making such settlement as is necessary and appropriate with the affected Owner or Owners and their Mortgagee(s) as their interests may appear, shall be retained by and for the benefit of the Association and placed in a capital improvements account. Ibis is a covenant for the benefit of any Mortgagee of a Unit and may be enforced by such Mortgagee.

Section 5

Repair and Reconstruction

 

If the damage or destruction to the Co=on Area for which insurance proceeds me paid is to be repaired or reconstructed, and such proceeds are not sufficient to defray the cost thereof; the Board of Directors shall, without the necessity of a vote of the Members, levy a special assessment against all Owners on the same basis as provided for Base Assessments. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction.

Article VI

No Partion

Except as is permitted in the Declaration or amendments thereto, there shall be no physical partition of the Common Area or any part thereof, nor sha.il any person acquiring any interest in the Property or any part thereof seek any judicial partition unless the Property has been removed from the provisions of this Declaration. This Article sha.il not be construed to prohibit the Board of Directors from acquiring and disposing of tangible personal property nor from acquiring title to real property, which may or may not be subject to this Declaration. 

Article VII

Condemnation

Whenever all or part of the Common Area shall be taken ( or conveyed in lieu of and under threat of condemnation by the Board acting on the written direction of Members  representing at least two-thirds (2/3) of the total Association vote and the Declarant, by any authority having the power of condemnation or eminent domain, each Owner shall be entitled to notice thereof. The award made for such talking shall be payable to the Association as trustee for all Owners to be disbursed as follow:

  • If the taking involves a portion of the Common Area on which improvements have been constructed, then, unless sixty (60) days after such taking Members representing at least seventy-five percent (75%) of the total vote of the Association and the Declarant shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Area, to the extent lands are available therefore, in accordance with plans approved by the Board of Directors of the Association. If such improvements are to be repaired or restored, the above provisions in Article V hereof regarding the disbursement of funds in respect to casualty damage or destruction that is to be repaired shall apply. If the taking does not involve any improvements on the Common Area, or if there is a decision made not to repair or restore, or if there are net funds remaining after any such estimation or replacement is completed, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board of Directors of the Association shall determine. 

Article VIII

Annexation of Additional Property

Section 1

Annexation Without Approval of Class "A" Membership - As the owner thereof. or if not the owner, with the consent of the owner and any first mortgagee thereof; Declarant shall have the unilateral right, privilege, and option, from time to time at any time until all phases of Greystone Estates has been subjected to this Declaration or 2011, whichever is earlier, to subject to the provisions of this Declaration and jurisdiction of the Association all or any part of Greystone Estates, attached hereto and by reference made a part hereof: Such annexation shall be accomplished by filing in the public records of Sumner County, Tennessee, a Supplemental Declaration to this Declaration annexing such Property. Such Supplemental Declaration shall not require the consent of Members. Any such annexation shall be effective upon the filing for record of such Supplemental Declaration signed by Declarant (or the party to whom Declarant has transferred the right of annexation, as provided below), unless otherwise provided therein. If the consent of a first mortgagee is required hereunder; such mortgagee shall either join in such Supplemental Declaration or record a separate consent. Declarant shall have the unilateral right to transfer to any other person the said right, privilege, and option to annex additional property which is herein reserved to Declarant, provided that such transferee or assignee shall be a developer of at least a portion of the real property and that such transfer is memorialized in a written, recorded instrument executed by the Declarant.

Section 2

Annexation with Approval of Class "A" Membership - subject to the consent of the owner and any first mortgagee thereof; the Association may annex real property following the expiration of the right in Section l. Such annexation shall require the affirmative vote of a majority of the Class "A" Members present at a meeting duly called for such purpose and the approval of the Declarant. Annexation shall be accomplished by filing or recording in the public records of Sumner County, Tennessee, a Supplemental Declaration describing the property being annexed. Any such Supplemental Declaration shall be signed by the President and the Secretary of the Association by the owner of the property being annexed, and if required hereunder, the first mortgagee of the property (or, in the alternative, such mortgagee may record a separate consent), and any such annexation shall be effective upon filing unless otherwise provided therein. The relevant provisions of the By-Laws dealing with regular or special meetings, as the case may be, shall apply to determine the time requited for and the proper form of notice of any meeting called for the purpose of considering annexation of property pursuant to this Section 2 and to ascertain the presence of a quorum at such meeting.

Section 3

Acquisition of Additional Common Area - Declarant may convey to the Association additional real estate, improved or unimproved, upon conveyance or dedication to the Association, shall be accepted by the Association and thereafter shall be maintained by the Association at its expense for the benefits of ail its Members. The Association shall also accept assignment of any contracts entered into by the Declarant and Declarant's designees for the benefit of the Association or the Owners. 

Section 4

Amendment - This Article shall not be amended without the prior written consent ofDeclarant, so long as the Declarant owns any property or other property annexed hereto. 

Section 5

No Required Annexation - No provision of this Declaration shall be construed to require the Declarant or any other person or entity to annex any real property to the scheme of this Declaration nor shall any provision of the scheme of development prohibit any real property, owned by the Declarant or any other person from being subject to any separate decimation or scheme of development. The community contemplated by this Declaration including parcels of ground to be annexed hereto may include a wide diversity of housing types and styles. 

Section 6

Removal - Declarant reserves the tight to amend this Declaration unilaterally at any time so long as it holds an un-expired option to expand the community pursuant to Article VIII hereof; without prior notice, for the purpose of removing certain portions of the Property then owned by the Declarant or its affiliates or the Association from the provisions of this Declaration, if such portions of the Property were erroneously included in this Decimation or if Declarant desires to make changes in the plan for the community; provided such withdrawal is not unequivocally contrary to the overall uniform scheme of development for the community. 

 

 

Article IX 

Rights and Obligation of the Association

Section 1

Common Area and Recreational Facilities - The Association, subject to the rights of the Owners set forth in this Declaration, shall be responsible for the exclusive management and control of the Common Area and all improvements thereon (including, without limitation, recreational facilities, furnishings and equipment related there_to and common landscaped areas), and shall keep it in good, clean, attractive, and sanitary condition, order and repair, pursuant to the terms and conditions hereof and consistent with the Community-Wide 
Standard. The Declarant may construct recreational facilities within the Common Area Property. Subject to the terms of Section 1.3 of Article XIII, any recreational facilities constructed by the Declarant shall be for the exclusive use of the Owners, and shall be maintained and controlled by the Association in accordance with this Section I of Article IX

Section 2

Personal Property and Real Property for Common Use - The Association, through action of its Board of Directors, may acquire, hold and dispose of tangible and intangible personal property and real property. The Board, acting on behalf of the Association, shall accept any real or personal property, leasehold, or other Property conveyed to it by the Declarant. 

Section 3 

Rules and Regulations - The Association, through its Board of Directors, may make and enforce reasonable rules and regulations governing the use of the Property, which rules and regulations shall be consistent with the lights and duties established by this Declaration. Sanctions may include reasonable monetary fines and suspension of the tight to vote and the right to use any recreational facilities on the Common Area. The Board shall. in addition. have the power to seek relief in any court for violations or to abate nuisances Imposition of sanctions shall be provided in the By-Laws of the Association. The Association. through the Board, by contract or other agreement, shall have the right to enforce local ordinances or permit the City of White House to enforce ordinances on the Property for the benefit of the Association and its Members.

 

Section 4

Implied Rights - The Association may exercise any other right or privilege given to it expressly by this Declaration or the By-Laws, and every other right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.

 

Section 5

 

Governmental Interests - The Association shall permit the Declarant reasonable authority to designate sites within the Property for fire, police, water, sewer, and other utility facilities.

 

Article X

Assessments

 

Section 1

Creation of Assessments 

  • There are hereby created assessments for Association expenses as may from time to time specifically be authorized by the Board of Directors to be commenced at the time and in the manner set forth in Section 6 of this Article. There shall be two (2) types of assessments:

    1. Base Assessments to fund Common Expenses for the benefit of all Members of the Association and

    2. Special Assessment as described in Section 3 below.

  • Base Assessments shall be levied equally on all Units, except as provided herein and in Section 3 below. The Base Assessment for Units owned by Parcel Developers shall be 15% of $25.00 or $4.25 per month, until such time it is occupied for residential purposes by an Owner.

  • All assessments, together with interest, at a rate not to exceed the highest rate allowed by Tennessee law as computed from the date the delinquency first occurs, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the Unit against which each assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the Person who was the Owner of such Unit at the time the assessment arose, and his or her grantee shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance, except no first Mortgagee, nominee of the Mortgagee, or third party purchaser who obtains title to a Unit pursuant to the remedies provided in the Mortgage shall be liable for unpaid assessments that accrued prior to such acquisition of title.

  • The Association shall. upon demand at any time, furnish to any Owner liable for any type of assessment a certificate in writing signed by an officer or management agent of the Association setting forth whether such assessment has been paid as to any particular Unit. Such certificate shall be conclusive evidence of payment to the Association of such assessment therein stated to have been paid.. The Association may requite the advance payment of a reasonable processing fee for the issuance of such certificate.

  • Assessments shall be paid in such manner and on such dates as may be fixed by the Board of Directors which may include, without limitation, acceleration of the annual Base Assessment for Owners delinquent in payments of assessments .. Unless the Board otherwise provides, the Base Assessment shall be paid in quarterly installments.

  • No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration not limitation, by nonuse of Common Area or abandonment of the Unit The obligation to pay assessments is a separate and independent covenant on the part of each Owner No diminution or abatement of assessment or set-off shall be claimed or allowed by reason of any alleged failure of the Association or Board to take some action or perform some function requited to be taken or performed by the Association or Board under this Declaration or the By-Laws, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association or from any action taken to comply with any law, ordinance, or with any order or directive of any municipal or other governmental authority.

  • The Association is specifically authorized to enter into subsidy contacts or contracts for "in kind" contribution of services or materials or a combination of services and materials with Declarant or other entities for the payment of some portion of the Common Expenses. 

Section 2

Computation of Base Assessment 

  • It shall be the duty of the Board, at least sixty (60) days before the beginning of each fiscal year, to prepare a budget cove1ing the estimated Common Expenses of the Association coming the coming year· The budget shall include a capital contribution establishing a reserve fund in accordance with a capital budget separately prepared.

  • The Base Assessment to be levied for the coming yea against each Unit subject to assessments under Section 6 below shall be computed by dividing the budgeted Common Expenses by the total number ofUnits and property as, from time to time, may be subjected to this Declaration The Board shall cause a copy of the Common Expense budget and notice of the amount of Base Assessment to be levied against each Unit for the following year to be delivered to each Owner at least thirty (30) days prior to the fiscal year. Such budget and assessment shall become effective unless disapproved at a meeting of the Members by the vote of Members or the alternates representing at least a majority of the total Class "A" vote in the Association., and by the Class "B" Member, if such membership exists.. There shall be no obligation to call a meeting for the purpose of considering the budget except on petition of the Members as provided for the special meeting in Article II, Section 4, of the By-Laws.

  • Notwithstanding the foregoing, however, in the event the proposed budget is disapproved or the Board fails for any reason so to determine the budget for any year, then and until such time as a budget shall have been determined as provided herein. the budget in effect for the immediately preceding year shall continue for the current year. 

Section 3 

Special Assessment

  • In addition to the assessments authorized in Section 1 of this Article, the Association may levy a Special Assessment or Special Assessments from time to time; provided. such assessments shall have the affirmative vote or written consent of fifty-one (51 %) percent of the total votes to be cast by the Class "A" Members and Class "B" Member collectively. The obligation to pay Special Assessments shall be computed on the same basis as for Base Assessments. Special Assessments shall be payable in such manner and at such times and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved, if the Board so determines. (b) The Association may also levy a Special Assessment against any Member to reimburse the Association for costs incurred in bringing a Member and his Unit into compliance with the provisions of the Declaration, any amendments thereto, the Articles, the By-Laws, and the Association rules, which Special Assessment may be levied upon the vote of the Board after notice to the Member and an opportunity for a hearing.

Section 4 

Lien for Assessments

 

  • Upon recording of a notice of lien on any Unit there shall exist a perfected lien for unpaid assessments prior and superior to all other liens except (1) all taxes, bonds, assessments and other levies which by law would be superior thereto, and (2) 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.

  • The Association, acting on  behalf of the Owners, shall have the power to bid for the Unit at foreclosure sale and to acquire and hold, lease, mortgage, and convey the same. During the period in which a Unit is owned by the Association following foreclosure:

    • no right to vote shall be exercised on its behalf,

    • no assessment shall be assessed or levied on it; and

    • each other Unit shall be charged, in addition to its usual assessment, its equal pro rata share of the assessment that would have been charged such Unit had it not been acquired by the Association as a result of foreclosure. Suit to recover a money judgment for unpaid Common Expenses and attorney's fees shall be maintainable without foreclosing or waiving the lien securing the same.  

Section 5

Capital Budget and Contribution

The Board of Directors shall annually prepare a capital budget to take into account the number and nature of replaceable assets and the replacement cost thereof. The Board shall set required capital contribution, if any, in an amount sufficient to permit meeting the projected capital needs of the Association, as shown on the capital budget, with respect both to amount it and timing by annual assessments over the period of the budget. The capital contribution required, if any, shall be fixed by the Board and included within and distributed with the budget and assessment, as provided in Section 2 of this Article.

Section 6 

Date of Commencements of Assessments

The assessments provided for herein shall commence as to each Unit on the date of conveyance of the Unit by Declarant. Assessments shall be due and payable in a manner and on a schedule as the Board of Directors may provide.. The first annual assessment shall be adjusted according to the number of days remaining in the fiscal year at the time assessments commence on the Unit. 

Section 7

Subordination of Lien to Institutional First Mortgages 

The lien of assessments, including interest, late charges (subject to the limitations of Tennessee law), and costs (including attorney's fees) provided for herein shall be subordinate to the lien of any institutional first Mortgage upon any Unit. The sale or transfer of any Unit shall not affect the assessment lien. However, the sale or transfer of any Unit pursuant to foreclosure of an institutional first Mortgage, or transfer to an institutional first Mortgage or third party pursuant to a deed in lieu of foreclosure, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Unit from lien rights for any assessments thereafter becoming due. Where the Mortgagee holding an institutional first Mortgage of record or other purchaser of a Unit obtains title pursuant to remedies under the Mortgage, its successors and assigns shall not be liable for the share of the Common Expenses collectible from Owners of all the Units, including such acquirer, its successors and assigns. 

Section 8

Exempt Property

Exempt Property Notwithstanding anything to the contrary herein, the following property shall be exempt from payment of Base Assessments and Special Assessments: 

  • all Common Areas; and

  • all property dedicated to and accepted by any governmental authority or public utility, including, without limitation, public streets, and public parks, if any.

 

Article XII

Architectural Standards

Section 1

Enforcement

The Property shall be used only for residential, recreational, and related purposes (which may include, without limitation, offices for any property manager

retained by the Association or business offices for the Declarant), all as may more particularly be set forth in his Declaration and amendments hereto. The Supplemental Declarations may impose stricter standards than those contained in this Article. The Association, acting through its Board of Directors, shall have standing and the power to enforce such standards.

The Association, acting through its Board of Directors, shall have the authority to make and to enforce standards and restrictions governing the use of the Property in addition to those contained herein, and to impose reasonable user fees for use of Common Area facilities. Such regulations and use restrictions shall be binding upon all Owners and occupants until and unless

overruled, canceled or modified in a regular special meeting of the Association by majority vote of the Class "A" Members and by concurring vote of the Class "B" member, so long as such membership shall exist.

Section 2

Use as Residence

No Unit shall be used except for residential purposes.  

 

No building shall be erected, altered, placed or permitted to remain on any Unit other than one (1) detached single-family dwelling not to exceed three (3) stories in height.

 

Each house shall include not less than a two (2) car garage, which shall be built as part of solid structure and attached thereto.

 

Garage doors may not open on the front of the house except as approved per Section IV. Under no circumstances may the ACC approve more than ten percent (10%) front garage openings in any Section of Greystone Estates.

Section 3

Size of Residence

 

All residences shall equal or exceed the following requisite number of square feet heated space, exclusive of garages, porches, and similar places

hereinafter more specifically designated:

  1. One story house: 1500 square feet, plus a two car attached garage.

  2. Two story house: 1200 square feet on main level, plus a two car attached garage.

  3. Two story house with a full or partial finished basement: 1200 square feet on  main level exclusive of basement, plus a two car attached garage.

  4. Garages shall be attached and shall open to the rear of the residence unless approved by the Declarant or the ACC in its absence

Section 4

Location of the Building

No building shall be located on any Unit nearer to the front lot line or nearer to the side street line than the minimum building setback lines. The minimum set back line requirements are as follows:

  • Front Yard: 25 feet

  • Side Yard: 10 feet - provided, however, no structure shall be closer than 15 feet to another structure

  • Rear Yard: 25 feet

  • A variance to setbacks may be granted by the ACC in special circumstances or where existing tree(s) are to be saved, except as prohibited by ordinance or regulation of the governing municipality or authority

  • Side setbacks are meant to facilitate location of garages on the side or rear of the residence A house may be located within IO feet of the side lot line, but may not be within 15 feet of another structure The side walls of any structures that are less than 20 feet apart shall be all brick or other approved masonry material sided excluding windows, soffits, and eaves.

Section 5

Materials and Construction

 

All buildings must be sixty percent (60%) brick or stone and brick or stone to grade, unless otherwise approved by the ACC.

 

Section 6

Driveways

All driveways from the street to the garage shall be either brushed finished or exposed aggregate concrete or approved equal.

 

Section 7

Parking and Garages

Vehicles shall be parked only in the garages or driveways serving the Units The Board of Directors may, in its discretion. require registration of vehicles of occupants of Units. The Declarant and/or the Association may designate certain on-street parking areas for visitors or guests subject to reasonable rules.

 

Section 8

Landscaping

 

No artificial vegetation shall be permitted on the exterior of any portion of the Property. Exterior sculptures. fountains, flags, and similar items must be approved in accordance with Article XI of this Declaration. The ACC, shall have the authority to establish minimum landscape requirements per Unit. All required landscaping shall be in place within one hundred twenty (120) days after occupancy of the property by an Owner other than Declarant or a builder.

Section 9

Easements

 

Easements for the installation and maintenance of landscaping, underground utilities and drainage facilities are reserved as shown on the Plan.

Electrical service entrance facilities installed for any house or other structure connecting the same to the electrical distribution system of any electric public utility shall be provided by the Owners and shall carry not less than three (3) wires and have a capacity of not less than 200 amperes. Any electric public utility charged with the maintenance of any underground installation shall have access to all easements in which said utility installations are located for

operation, maintenance and replacement of service connections. Any such electric public utility shall not be liable for damage to walks, driveways, lawn or landscaping, which may result from installation, repair or maintenance of such service.

Section 10

Signs

 

No sign of any kind shall be displayed to the public view without the written consent of the Board ofDirectors, except one professional sign of not more than five (5) square feet advertising the Unit for sale or rem .. The Board of Directors or Declarant shall have the right to erect signs as they, in their discretion, deem appropriate. Not withstanding the above, no signs, flags, banners or similar items advertising or providing directional information with respect to activities being conducted outside the Property shall be permitted within the Property. The Association shall have the right to remove any such unapproved sign, advertisement, billboard or structure that is placed on the Property, and in doing so shall not be subject to any liability for trespass or other tort in connection therewith. or arising from such removal.

 

Section 11

Occupants Bound

 

All provisions of the Declaration, By-Laws and of any rules and regulations or use restriction promulgated pursuant thereto that govern the conduct of Owners and that provide for sanctions against Owners shall also apply to all occupants, guests and invitees of any Unit Every Owner shall cause all occupants of his or her Unit to comply with the Declaration, By-Laws, and rules and regulations adopted pursuant thereto, and shall be responsible for all violations and losses to the Common Area caused by such occupants, notwithstanding the fact that such occupants of a Unit are fully liable and may be sanctioned for any violation of the Declaration, By-Laws, and rules and regulations adopted pursuant thereto.

 

Section 12

Animals and Pets

 

No animals. livestock, or poultry of any kind shall be raised, bred., or kept on any portion of the Property, except that dogs, cats, or other usual and common household pets not to exceed a total of two (2) may be permitted in a Unit. No pets are permitted to roam free; those that, in the sole discretion of the Association, endanger the health, make objectionable noise, or constitute a nuisance or inconvenience to the Owners of other Units or the Owner of any portion of the Property, shall be removed upon request by the Board; if the Owner fails to honor such request, the pet may be removed by the Board. No pets shall be kept, bred, or maintained for any commercial purpose. Dogs which are household pets shall at all times whenever they are outside a Unit be confined, on a leash or held by a responsible person.

Section 13

Nuisance 

 

No portion of the Property shall be used in whole or in part for the storage of any Property or thing that will cause it to appear to be in an unclean or untidy

condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any portion of the Property that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants or surrounding property. No noxious or offensive activity shall be carried on upon

 any portion of the Property, nor shall anything be done thereon tending.to cause embarrassment, discomfort, annoyance, or nuisance to any person using any portion of the Property. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Property.

Section 14

Unsightly, or Unkempt Conditions

 

It shall be the responsibility of each Owner to prevent the development of my unclean, unhealthy, unsightly, or unkempt condition on his or her Unit Each owner shall observe all governmental building codes, health regulations which may be applicable to his Unit. In the event of any conflict, between any provision of any such governmental code, regulation, or restriction and this Declaration, the more restrictive provision shall apply. No lumber, brick, stone, concrete of other building materials, nor any other thing used for building purposes shall be stored on any Unit except for the purpose of construction on such Unit, and then only for such length of time as reasonably necessary for the construction of the improvements then in progress. The pursuit of hobbies or other activities.

including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices which might tend to cause disorder, unsightly, or unkempt conditions, shall not be pursued or undertaken on any part of the Property.

Section 15

Antennas

 

All television antennas and other antennas and aerials other than satellite dish antennas shall be located inside the attic, unless otherwise expressly permitted

by the ACC in writing.  Satellite dish antennas of no greater than twenty (20) inches in diameter shall be attached to the main structure and shall be erected so as not to be visible from the street in front of the Unit. No freestanding radio or television antenna shall be permitted on any Unit, without the written consent of the ACC. The Declarant and/or the Association shall have the right, without obligation. to erect an aerial.. satellite dish, or other apparatus for a master antenna or cable system for the benefit of all or a portion of the Property, should any such master system or systems be utilized by the Association and require any such exterior apparatus.

Section 16

Clotheslines Garbage Cans, Tanks. Etc.

 

All clotheslines, garbage cans, and other similar items shall be located or screened so as to be concealed from view of neighboring Units, streets, and property located adjacent to the Unit. All rubbish, trash, and garbage shall be regularly removed from the Property and shall not be allowed to accumulate

thereon. Incinerators for garbage, trash or other refuse shall not be used nor permitted to be erected or placed on any Unit Any and all equipment.. coolers, woodpiles, garbage cans, refuse or storage piles placed on any Unit, whether temporary or permanent, shall be walled in to conceal the same from view of neighboring Units, roads, street, and open areas. Plans for all screening walls and enclosures must be approved by the ACC.

 

Section 17

Subdivision of Unit

 

No Unit shall be subdivided or its boundary lines changed except with the prior written approval of the Board of Directors of the Association.

Declarant, however, hereby expressly reserves the right to re-plat any Unit or Units owned by Declarant. Any such division, boundary line change, or re--platting shall not be in violation of the applicable subdivision and zoning regulations.

Section 18

Guns

 

The discharge of firearms within the Property is prohibited.  The 

term "firearms" includes "BB" guns, pellet guns, and other firearms of all types, regardless of size.

Section 19

Pools

In-ground swimming pools must be located in the rear of the main dwelling, shall not encroach on any building setback lines, and shall in n.o event be closer than

25 feet to the rear property line or to any side property lines. Above ground pools may be permitted by special written approval by the ACC.

 

Section 20

Tents, Trailers, Temporary Structures and Storage

 

Except as may be permitted by the ACC during initial construction within the Property, no tent, utility shed, shack, trailer, mobile home, barn, houseboat or other structure of a temporary nature shall be placed upon a Unit or any part of the Property, or used as a substitute for a permanent residence either on a temporary or permanent basis. The storage of boats and recreational vehicles shall only be allowed on a Unit if they are screened from public view, either· within the garage or behind appropriate landscaping which screens such vehicle from public view No detached structure shall be placed, erected, allowed or maintained upon any Unit with the prior written consent of the ACC. All detached structures must be consistent in design materials and color with the dwelling on the Unit.

Section 21

Drainage and Septic Systems

 

Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No one other than the Declarant may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers, or storm drains. Declarant hereby reserves a perpetual easement across the property for the purpose of altering drainage and water flow.  No individual water supply system, or individual water supply system, or individual sewage disposal shall be installed, maintained or used on any Unit.

Section 22

Sight Distance at Intersections

 

All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge, or shrub planting shall be placed or permitted to remain where it would create a traffic or sight

problem.

Section 23

Air Conditioning Units, Utility Meters and Solar Devices

Except as may be permitted by the Board or its designee, no window air conditioning units may be installed in any Unit. All utility meters, air conditioning compressors, and other like equipment shall be screened from neighboring Units, roadways and common property, and in no event shall be placed on the front side of the Unit No artificial or man-made device which is designed or used for collection of or heating solar energy or other similar purposes shall be placed, erected, allowed or maintained upon any portion of any Unit with the prior written consent of the ACC.

 

Section 24

Lighting

 

Except for seasonal Christmas decorative lights, which may be displayed between Thanksgiving and January 10th only, all exterior lights must be approved in accordance with Article XI of this Declaration.

Section 25

Playground

 

No permanent recreation or play equipment of any kind (including basketball goals, backboards or nets, but not including portable play equipment stored

after use) shall be erected, constructed or placed upon any Lot if visible to other Units, the Common Area, or streets unless it bas been approved in writing by the ACC and meets the following specific guidelines:

  • The height of the unit at its tallest point may not exceed 10 feet

  • No flags, tassels, etc., of any kind may be attached to the top of the system.

  • To protect the other residents, certain elements of recreational systems may not be permitted where, in the view of the ACC, the units cannot be adequately screened.

 

Any playground or other play areas or equipment furnished by the Association ( or otherwise) or erected within the Property shall be used at the risk of the user, and the Association shall not be held liable to any Person for any claim, damage, or injury occurring thereon or related to use thereof.

 

Section 26

Fence, Mailboxes and Street Numbers

 

No fencing shall be erected on any Unit in front of the repair line of the residence located on such Unit All fencing shall be of material approved by the ACC, not to exceed five (5) feet in height and shall be approved by the

ACC. No dog runs or animal pens shall be permitted on any Unit except as approved in accordance with Article XI of this Declaration. Mailboxes and street numbers shall be in accordance with Standards promulgated by the ACC.

Section 27

Business Use

 

No trade or business may be conducted in or from any

Unit, except that an Owner or occupant residing in a Unit may conduct business activities within the Unit so long as:

  • the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Unit;

  • the business activity conforms to all zoning requirements for the Property;

  • the business activity does not involve persons corning onto the Property who do not reside in the Property or door-,10 .. door solicitation of residents of the Property; and

  • 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, as may be determined in the sole discretion of the Board.

The terms "business" and "trade", as used in this provision, shall be construed to have the ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provisions of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether:

  • such activity is engaged in full or part-time;

  • such activities intended to or does not generate a profit; or

  • a license is required therefor Notwithstanding the above, the leasing of a Unit shall not be considered a trade or business within the meaning of this section

 

This section shall not apply to any activity conducted by the Declarant with respect to its development and sale of the Property or its use of any Units, which it owns within the Property.

 

Section 28

On-Site Fuel Storage

 

No on-site storage of gasoline, heating or other fuels shall be permitted on any part of the Property except that up to five (5) gallons of fuel may be stored on each Unit for emergency purposes and operation of lawn mowers and similar tools

or equipment.

Section 29

Roofs

 

All buildings constructed on said property shall have a roof covering of slate, wood shingles, tile, or a minimum of 240# dimensional shingles, or other

material approved by the ACC.. The roof pitch of any structure shall be a minimum of six (6) feet by twelve (12) feet. Any deviation of roof pitch must be approved by the ACC.

 

Article XIII

General Provisions

Section 1

Term

The covenants and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and shall be enforceable by the

Association or the Owner of any Property subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) yew:s, unless an instrument in writing, signed by a majority of the Owners,

has been recorded within the yew:· preceding the beginning of each successive period of ten (10) years, agreeing to change said covenants and restrictions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated as specified therein.

Section 2

Amendment

 

Prior to the conveyance of the first Unit, Declarant may unilaterally amend this Declaration. After such conveyance, the Declarant may amend this Declaration so long as it still owns property for development as part of the Property, and so long as the amendment has no material adverse effect upon any right of an Owner. No amendment required by any state agency will be deemed material. Thereafter and otherwise, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof of seventy-five (75%) percent of the voting interests of the Members (including 75% of the Class A Members). However, 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. Any amendment to be effective must be recorded in the public records of Sumner County, Tennessee.

 

If an Owner consents to any amendments to this Declaration or the By-Laws, it will be conclusively presumed that such Owner has the authority so to consent and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment.

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. No amendment may impair the validity or priority of the lien of any Mortgage held by a Mortgagee or impair the rights granted to Mortgagees herein without the prior written consent of such Mortgagees.

Section 3

Indemnification

 

The Association shall indemnify every officer, director, and committee member against any and all expenses, including counsel fees, reasonably incurred

by or imposed upon such officer, director, or committee member· in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer, director, or committee member; The office1s, directors, and committee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual

willful misfeasance, malfeasance, misconduct or had faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be Members of the Association), and the Association shall indemnify and fo1ever hold each such

officer and directors free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided herein shall not be exclusive of any other lights to which any officer, director, or committee member, or former officer, director, or committee member may be entitled. The Association shall, as a common expense, maintain adequate general liability and officials and directors liability insurance to fund this obligation, if such insurance is reasonably available.

Section 4

Easement of Encroachment

 

Each Unit and the Co=on Area are hereby declared to be subject to a reciprocal easement for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of the building, or any other similar cause, and any encroachment due to building overhang or

projection, There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of owners shall not be altered in any way by said encroachment. settling or shifting; provided, however. that in no event shall a valid easement for encroachment be created in favor of an Owner if said encroachment occurred due to the willful act or acts with full knowledge of said Owner. In the event any Unit is partially or totally destroyed, and then repaired or rebuilt, minor unintentional encroachments over adjoining Units shall be permitted, and that there shall be valid easements for the maintenance of said

encroachments so long as they shall exist.

 

Section 5

Easement for Utilities, Etc.

 

There is hereby reserved unto Declarant so long as the Declarant owns any property, the Association and the designees of each (which may include, without limitation, Sumner County, Tennessee, and any utility), blanket easements

upon, across, over, and under all of the Common Area and. to the extent shown on any plat, over the Units for ingress, egress, installation, replacing, repairing, and maintaining cable television systems, master television antenna systems, security, and similar systems, roads, walkways, bicycle pathways, lakes, ponds, wetlands, drainage systems, street lights, signage, and all utilities, including, but not limited to, water, sewers, meter boxes, telephones, gas, and

electricity. There is also reserved to the Declarant, its successors and assigns a perpetual easement over roadways located in the Common Areas for the purpose of access to the property, provided, however, if such easement is to be used for construction purposes, Declarant shall use reasonable efforts to reduce disturbance to the community caused thereby.

 

Without limiting the generality of the foregoing, there are hereby reserved for the local water supplier easements across all Units for ingress, egress, installation, reading, replacing, repairing, and maintaining water meter boxes. Notwithstanding anything to the county contained in this Section. no sewers, electrical lines. water lines, or other utilities may be installed or relocated on the Property, except as may be approved by the Association's Board of Directors, and any applicable governmental authorities, or as provided by Declarant.

 

Should any entity furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, the Board of Directors shall have the right to grant such easement over the Property without conflicting with the terms hereof. The easements provided for in this Article shall in no way adversely affect any other recorded easement on the Property. 

The Board shall have, by a two-thirds (2/3) vote, the power to dedicate portions of the Common Area to White House, Tennessee, or to any other local, state, or federal governmental entity, subject to such approval requirements as may be contained in Article XIIISection 2, of this Declaration.

Section 6

Severability

 

Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full

force and effect.

 

Section 7

Right of Entry

The Association shall have the right, but not the obligation, to enter into any Unit for emergency, security, and safety, which right may be exercised by the Association's Board of Directors, officers, agents, employees, managers, and all policemen, firemen. 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. This right of entry shall include the right of the Association to enter a Unit to ewe any condition which may increase the possibility of a fire or other hazard in the event an Owner fails or refuses to cure the condition upon request of the Board.

Section 8

Perpetuities

 

If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now living descendants of Elizabeth II, Queen of England.

 

Section 9

Litigation

 

No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by a vote of seventy-five percent (75%) of the

Members. This Section shall not apply, however, to:

  • actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens),

  • the imposition and collection of assessments as provided in Article X hereof,

  • proceedings involving challenges to ad-valorum taxation, or

  • counterclaims brought by the Association in proceedings instituted against it This Section shall not be amended unless such amendment is made by the Declarant or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above

 

Section 10 

Cumulative Effort: Conflict

 

The covenants, restrictions, and provisions of this Declaration shall be cumulative with those of any Supplemental Declaration and the Association may, but shall not be required to, enforce the latter; provided, however, in the event of conflict between or among such covenants and restrictions, and provision of any articles of incorporation, By-Laws, rules and regulations, policies, or practices adopted or carded out pursuant thereto, those of any Supplemental Declaration shall be subject and subordinate to those of the Association. The foregoing priorities shall apply, but not be limited to the liens for assessments created in favor of the Association.

Section 11

Easement for Access Over Private Streets

 

There is hereby reserved to the general public an easement for egress and access over all private streets within the Property, subject to such rules and regulations as may be promulgated by the Board of Directors.

 

Section 12

Safety Security

 

The Association will Strive to maintain the community as a safe, secure residential environment HOWEVER, NEITHER THE ASSOCIATION, NOR DECLARANT, NOR ANY SUCCESSOR OF EITHER SHALL BE CONSIDERED INSURORS OR GUARANTOR OF SECURITY WITHIN THE PROPERTY AND NONE OF THEM SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE OR FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN.

 

EACH OWNER ACKNOWLEDGES, UNDERSTANDS, AND COVENANTS TO INFORM ITS TENANTS, GUEST, AND INVITEES THAT THE ASSOCIATION, ITS BOARD OF DIRECTORS AND COMMITTEES, THE DECLARANT, AND ANY SUCCESSOR DECLARANT ARE NOT INSURERS AND THAT EACH PERSON

USING THE PROPERTY ASSUMES ALL RISKS FOR LOSS OR DAMAGE TO PERSON, TO UNITS, AND TO THE CONTENTS OF UNITS RESULTING FROM ACTS OF THIRD PARTIES.

Article XIV

Mortgagee Provisions

The following provisions ate for the benefit of holders of first Mortgages on Units in the Property. The provisions of this Article apply to both this Declaration and to the By-Laws, notwithstanding any other provision contained there.

 

Section 1

Notices of Action

An institutional holder·, insurer, or guarantor of a first Mortgage who provides written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Unit number, therefore becoming an

"eligible holder"), will be entitled to timely written notice of:

  • any condemnation loss or any casualty loss which affects a material portion of the Property or which affects any Unit on which there is a fu'St Mortgage held, insured, or guaranteed by such eligible holder;

  • any delinquency in the payment of assessments or charges owned by an Owner of a Unit subject to the Mortgage of such eligible holder, where such delinquency has continued for a period of sixty (60) days; provided, however, notwithstanding this provision. any holder of a first Mortgage, upon request, is entitled to written notice from the Association of any default in the performance by an Owner of a Unit of any obligation under the Declaration or By-Laws of the Association that is not cured within sixty (60) days

  • any lapse, cancellation, or material modification of any insurance policy maintained by the Association; or

  • any proposed action that would require the consent of a specified percentage of eligible holders

Section 2

Special FHLMC Provision

 

So long as required by the Federal Home Loan Mortgage Corporation, the following provisions apply in addition to and not in lieu of the foregoing. Unless at least two-thirds (2/3) of the Members consent, the Association shall not:

  • by act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer all or any portion of the real property compromising the Common Area which the Association owns, directly or indirectly (the granting of easements for public utilities or other· similar purposed consistent with the intended use of the Common Area shall not be deemed a transfer within the meaning of this subsection); change the method of determining the obligations, assessments, dues, or other charges which may be levied against an Owner of a Unit;

  • by act or omission change, waive, or abandon any scheme of regulations or enforcement thereof pertaining to the architectural design or the exterior appearance and maintenance of Units and of the Common Area (the issuance and amendment of architectural standards, procedures, rules and regulations, or use restrictions shall not constitute a change, waiver, or abandonment within the meaning of this provision);

  • fail to maintain insurance, as required by this Declaration;

  • use hazard insurance proceeds for any Common Area losses for other than the repair, replacement, or reconstruction of such property; or

  • annex any property to this Declaration, except as contemplated 

 

First Mortgagees may, jointly or singly, pay truces or other charges which are in default and which may or have become a charge against the Common Area and may pay overdue premiums on casualty insurance policies or secure new casualty insurance coverage upon the lapse of an Association policy, and first Mortgagees making such payments shall be entitled to immediate reimbursement from the Association,

 

Section 3

No Priority

 

No provision of this Declaration or the By-Laws gives or shall be construed as giving any Owner or other party priority over any lights of the first Mortgage of any Unit in the case of distribution to such Owner of insurance proceeds or

condemnation awards for losses to or a taking of the Common Area.

 

Section 4

Notice to Association

 

Upon request, each Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering each Owner's Unit

 

Section 5

Amendment by Board

 

Should the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation subsequently delete any of their respective requirements, which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes.

Section 6

Applicability of Article XIII

 

Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, By-Laws, or Tennessee corporate law for any of the acts set out in this Article.

 

Section 7

Failure of Mortgagee to Respond

Any Mortgagee who receives written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within thirty (30) days of the date of the Association's request.

 
 
 

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