NOTE: The covenants displayed on the website is a reproduction of the original Covenant Documents using OCR. Please refer to the original documents for official matters since inaccuracies and minor errors may exist as a result of the reproduction process. Click on the links below to view the original documents in PDF format.
Lansdowne Covenants
Covenant Amendments
Bylaws
ARC Guidelines
| Article | Section |
| I. | DEFINITIONS |
| II. | PROPERTY SUBJECT TO THIS DECLARATION
|
| III. | ASSOCIATION MEMSERSHIP AND VOTING RIGHTS
|
| IV. | ASSESSMENTS
|
| V. | MAINTENANCE; CONVEYANCE OF COMMON PROPERTY TO ASSOCIATION |
| VI | USE RESTRICTIONS AND RULES
|
| VII. | INSURANCE AND CASUALTY LOSSES |
| VIII. | CONDEMNATION |
| IX. | ANNEXATION OF ADDITIONAL PROPERTY |
| X. | MORTGAGEE PROVISIONS |
| XI. | Easements |
| XII. | GENERAL PROVISIONS |
General Provisions
Section 1. Enforcement. Each Owner and Occupant shall comply strictly with the Bylaws, the rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner's lot, if any. The Board of Directors may impose fines or other sanctions, which shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. The Board shall have the right to record in the appropriate land records a notice of violation of the Declaration, Bylaws, rules and regulations, us~ restrictions, or design guidelines and to assess the cost of recording and removing such notice against the Owner who is responsible (or whose Occupants are responsible) for violating the foregoing.
Section 2. Self-Help. In addition to any other remedies provided for herein, the Association or its duly authorized agent shall have the power to enter upon any lot or any other portion of the Community to abate or remove, using such force as may be reasonably necessary, any structure, thing or condition which violates this Declaration, the Bylaws, the rules and regulations, or the use restrictions. Unless an emergency situation exists, the Board shall give the violating Lot Owner ten (10) days' written notice of its intent to exercise self-help. Notwithstanding the foregoing, vehicles may be towed after reasonable notice. All costs of self-help, including, without limitation, reasonable attorney's fees actually incurred, shall be assessed against the violating lot Owner and shall be collected 8S provided for herein for the collection of assessments.
Section 3. Duration. The covenants and restrictions of this Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided, however, so long as Georgia law limits the period during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended for successive periods of ten (10) years, unless a written instrument reflecting disapproval signed by a Majority of the then Owners has been recorded within the year immediately preceding the beginning of a ten (10) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or tenainated to the extent specified therein; or (b) extended as otherwise provided by law. Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section.
Section 4. Amendment. This Declaration may be amended unilaterally at any time and from timeto time by Declarant (a) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute. rule. or regulation or judicial determination which shall be in conflict therewith; (b) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to the lots subject to this Declaration; (c) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans. including for example. the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation. to enable such lender or purchaser to make or purchase Mortgage loans on the lots subject to this Declaration; or (d) if such amendment is necessary to enable any governmental agency or reputable private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided. however. any such amendment shall not adversely affect the title to any Owner's Lot unless any such lot Owner shall consent thereto in writing.
In addition to the above. this Declaration may be amended upon the affirmative vote or written consent. or any combination thereof, of the Owners of at least two.thirds (2/3) of the Lots (other than Lots of Declarant so long as the consent of Declarant is required) and the consent of Declarant (so long as the Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community). Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. No provision of this Declaration which reserves or grants special rights to the Declarant shall be amended without the Declarant's prior written approval so long as the Declarant owns any property for development and/or sale in the Community. or subject to annexation to the Community.
Section 5. Partition. The Common Property shall remain undivided. and no lot Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to the Lots located within the Community.
Section 6. Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural. when applicable, and the use of the masculine pronoun shall include the neuter and feminine.
Section 7. Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and val id. but if the appl ication of any provision of this Declaration to any person or to any property shall be prOhibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable.
Section 8. Captions. The captions of each Article and Section hereof. as to the contents of each Article and Section. are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer.
Section 9. Preparer. This Declaration was prepared by Marlene G. Young. John J. Scroggin & Co.. P.C.. 2070 South Park Place, Suite 150. Atlanta, Georgia 30339.
Section 10. 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, Oueen of England.
Section 11. Indemnification. To the fullest extent allowed by applicable Georgia law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorney's fees, imposed upon or reasonably incurred by any officer or director 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 such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made 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 forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director. may be entitled. The Association shall maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available.
Section 12. Books and Records.
(a) Inspection by Members and Mortqaqees. This Declaration, the Bylaws, copies of rules and use restrictions, membership register, books of account. and minutes of meetings of the members of the Board and of committees shall be made available for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe.
(b) Rules for Inspection. The Board shall establish reasonable rules with respect to:(i) notice to be given to the custodian of the records;
(ii) hours and days of the week when such an inspection may be made; and
(iii) payment of the cost of reproducing copies of documents.
(c) Inspection by Directors. Every director shall have the absolute right at any reasonable time to inspect all books, records, and docUllents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a director Includes the right to make extra copies of documents at the reasonable expense of the Association.
Section 13. Financial Review. A review of the books and records of the Association shall be made annually in the I118nner as the Board of Directors may decide; provided, however, after having received the Board's financial statements at the annual meeting, by a Majority vote, the owners may require that the accounts of the Association be audited as a common expense by a certified public accountant. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of audited financial statements within ninety (90) days of the date of the request.
Section 14. Notice of Sale or Lease. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, In writing, prior to the effective date of 5uctLsale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require.
Section 15. Agreements. Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community) all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community.
Section 16. Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule, and every other right or privilege reasonably to be Implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege.
Section 17. Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any rule, regulation or use restriction promulgated pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community.
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Definitions
The following words, when used in this Declaration o~ in any Supplementary Declaration (unless the context shall prohibit), shall have the following meanings:
(a) "Association" shall mean Lansdowne Conm.Jnity Association Inc., a nonprofit Georgia corporation, its successors and assigns.
(b) "Board of Directors" or "Board" of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Georgia Corporate law.
(c) "Bylaws" shall refer to the Bylaws of Lansdowne Community Association Inc., attached to this Declaration as Exhibit "D" and incorporated herein by this reference.
(d) "Common Property" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon, now or hereafter owned by the Association for the common use and enjoyment of the Owners,
(e) "Community" shall mean and refer to that certain real property and interests therein described in Exhibit "B", attached hereto, and (1) such additions thereto as may be made by Declarant by Supplementary Declaration of all or any portion of the real property described in Exhibit "C" attached hereto; and (ii) such additions thereto as may be made by the Association by Supplementary Declaration of other real property.
(f) "Community-Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors of the Association. Such determination, however, must be consistent with the Community-Wide Standard originally established by the Declarant.
(g) "Declarant" shall mean and refer to Wilmoore Properties, L.P., a Georgia limited partnership, and its successors-in-title and assigns, provided any such successor-in-title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portions of the real property described in Exhibit "B", attached hereto, or in Exhibit "C", attached hereto, and provided further, in the instrument of conveyance to any such successor-in-title or assign, such successor-in-title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that as to all of the property described in Exhibit "B", attached hereto, and in Exhibit "C", attached hereto, which is now or hereafter subjected to this Declaration, there shall be only one (1) "Declarant" hereunder at any one point in time.
(h) "Lot" shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a single-family dwelling site as shown on a plat recorded in the land records of the county where the Community is located. The ownership of each Lot shall include, and there shall pass with each Lot as an appurtenance thereto, whether or not separately described, all of the right, title, and interest of an Owner in the Common Property, which shall include, without limitation, membership in the Association.
(i) "Majority" means those eligible votes, Owners, or other group as the context may indicate totaling more than fifty (SOX) percent of the total eligible number.
(j) "Mortgage" means any mortgage, deed to secure debt, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation.
(k)"Mortgagee" shall mean the holder of a Mortgage.
(l) "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant of the Owner of such property.
(m) "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the performance or satisfaction of any obligation.
(n) "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity.
(o) "Supplementary Declaration" means 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.
(p)"Total Association Vote" means all of the votes attributable to members of the Association (other than votes of Declarant, so long as Declarant has the right to appoint and remove the directors of the Association) and the consent of Declarant (so long as Declarant has the right to appoint and remove the directors of the Association).
Property Submitted
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 251 and 278 of the 7th District, City of Suwanee. Gwinnett County. Georgia. and being more particularly described as Lansdowne - Unit 1 as shown on that certain final plat for Lansdowne - Unit I, prepared by Precision Planning. Inc., bearing the seal of Georgia Registered Land Surveyor John H. Griffin, No 2503, dated August 29. 1991, recorded on January 30, 1992 in Plat Book 55, Page 86, Gwinnett County. Georgia records.
Additional property Which My Unilaterally Be Submitted by Declarant
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 250, 251, and 278 of the 7th District, Gwinnett County, Georgia