COVENANT
Declaration of Protective building use and easement restrictions.
WHEREAS BamaLand INC. desires to preserve, protect, and enhance the property known as Hardwood Mountain Preserve. Each parcel or lot added to Hardwood Mountain Preserve will be conveyed with certain deed restrictions, easements, and conditions, which are intended to insure the quality and enjoyment of the lots and parcels within the Preserve.
NOW, THEREFORE, BamaLand INC. declares that the property described as Hardwood Mountain Preserve, is and shall be sold, transferred, conveyed and occupied subject to the covenants and conditions hereinafter set forth, which shall run with the property, or any part thereof, shall be binding and shall inure to the benefit of each owner thereof.
1 Single family residences. No more than one single family residence, together with the usual and necessary accessory outbuildings shall be erected on any building lot or parcel. A guest cottage shall be permitted on parcels of 4 or more acres.
2. Subdividing. No Division of lots or parcels shall be permitted. (Excluding parcels of 12 or more acres.) Parcels over 12 acres may be divided provided the subsequent parcels are a minimum size of 6 acres. All parcels resulting from any subdivision of larger parcels shall fall under the jurisdiction of the established covenant and all its applicable amendments, including the Road Maintenance Agreement if appropriate. These divided parcels become independent and all other restrictions, responsibilities and privileges in this covenant apply and must be attached to the resulting deeds and recorded. H.M.P.O.A. Must be notified in writing of any division or transfer of any lot or parcel within 30 days. The name and mailing address of any new owner is also required.
3. Floor Area and building requirements. Drawings, plans or blue prints of any planned Guest Cottage (cabin) or residence must be submitted and approved in writing by HMPOA plan review committee a minimum of 30 days PRIOR to the beginning of construction. The plan committee retains the right to inspect during construction to ensure approved plans are being followed. All structures to be erected, altered, placed or permitted on any lot or parcel will conform to the following minimum size requirements as to total area: A minimum of 1500 square feet finished living space (heated) (500’ for guest cottages) and 2000 square feet (total) under roof, (650’ for guest cottages). The main roof pitch shall be a minimum of 6/12. The exterior surface of the dwelling can consist of no more than 70% typical lap style vinyl siding. All personal exterior lighting must be switched, fully shielded and be “dark sky friendly” as described by the International Dark Sky Association. (I.D.A.) (Holiday lighting from November 20th to January 6th exempt.) Care must be taken as to the placement of exterior lighting so as not to adversely affect any neighboring property. Construction of any building shall have the exterior completed within one (1) year of visible commencement of work, to include landscaping and driveways. At all times during construction, the site shall be maintained in a neat and orderly manner. All trash and waste shall be kept out of public view. No structure other than a completed residence shall be permanently occupied. Guest cottages may be occupied for no longer than one (1) year and only during the construction of the primary dwelling. H.M.P.O.A. must be informed in writing of plans to reside in a Guest cottage while building a permanent residence. Seasonal use of guest cottages is permissible. (Seasonal use being defined as no more than 30 days within any 90 day period.) After construction of the primary dwelling is complete guest cottages may be used as “in-law” suites. Any variance granted to these standards must be approved in writing by the “plans committee” (75% vote) and then voted on and approved by the members. (75% vote)
4. Improvements & Outbuildings. All outbuildings shall be a continuance of the same exterior building, color and trim details as the principal dwelling. Any non-conforming out buildings must be set back a minimum of 200 feet and out of site from any public or named road and 100 feet from any Hardwood Mountain Preserve property line unless approved in writing by H.M.P.O.A. plan review committee. (75% vote)
5. Recreational Vehicles/ Manufactured Homes. No house trailers, manufactured, modular, or mobile homes allowed for any reason. Recreational vehicles may not be used on the premises as a dwelling. All project or other unlicensed vehicles must be fully enclosed. Commercial vehicles shall not be allowed unless stored fully enclosed within a garage or approved outbuilding or parked a minimum of 200 feet and out of site of any public or named road and 100 feet from any Hardwood Mountain Preserve property line. Junk vehicles are strictly forbidden.
6. Set Backs/ Drainage/ Livestock . No overhead utilities may be installed within one hundred (100) feet of any Hardwood Mountain Preserve easement or property line. (This does not apply to lots under 2 acres or to Bamaland INC. initial installation of power poles.) No structure shall be erected or placed on any parcel unless it is setback from the property line a distance of at least fifty (50) feet on parcels of 3 acres or more, and twenty (20) feet on smaller parcels and lots, unless approved by BamaLand INC. No fences shall be placed in creeks, streams, branches or other waterways and must maintain a fifteen (15) foot setback from top bank or water path of said waterway. In an attempt to not pollute the creeks; livestock fencing must be set back a minimum of fifty (50) feet from Town or Cheatwood Creeks. All fencing paralleling any access easement must be 3 board wood type unless hidden within the wood line or approved by BamaLand INC or H.M.P.O.A. No barbed wire. Livestock may not be watered in Town or Cheatwood Creeks. Livestock must have a minimum of one and one half (1.5) open (pasture) acres per head. No swine. Water may not be diverted from Town or Cheatwood Creeks. Gravel may not be mined from Town or Cheatwood Creeks. Water may not be diverted from any parcel or lot as to affect any neighboring property without that property owners’ written permission. BamaLand INC. may mine gravel and divert water on property it owns. Any pond or lake under 1 acre in surface area must be aerated.
7.Commercial Use Prohibited. No parcel shall be used for Commercial or Industrial Use or purpose whatsoever including husbandry. (flower seed, grasses (hay), garden vegetables, fruit, and berries excluded).
8. Signs. No signs of any kind shall be displayed to the public view on any lot or parcel in Hardwood Mountain Preserve except a sign, not more than five (5) square feet in area, for the purpose of advertising the property for sale or lease. This shall not apply to the signs erected by BamaLand INC during the development of Hardwood Mountain Preserve or to one personalized name and address sign.
9. Natural features. The owner of each parcel shall preserve and maintain the natural features of the parcel and its character whenever possible. Owners must prevent the development of any unhealthy or unclean condition. All rubbish, trash, “junk” and garbage must be regularly removed and not allowed to accumulate. There shall be no clear cutting of timber on the property. The owner may cut, thin, or remove no more than thirty three percent (33%) of the standing timber, as of the date of the initial conveyance. ( Lots under 2 acres are exempt) Provided, however, the property owner, shall also be allowed to remove trees which are located within the area to be used by the primary dwelling, outbuildings, driveways, and from any lake site. Cut trees, brush and all other clearing debris in public view must be buried, burned or disposed of within 60 days of the starting date of the project. All open fields, prospective building sites or any other cleared or opened property within public view must be bush hogged or otherwise cut at least once a year. All water courses and similar features and assets shall be preserved and maintained according to “Best Management Practices”.
10. Amendment/ Addition of properties. Hardwood Mountain Preserve is not a subdivision. BamaLand INC. retains the sole right to add properties to Hardwood Mountain Preserve. The following restrictions will apply: Parcels without public road frontage must be a minimum of three (3) acres, parcels with public road frontage must be a minimum of one (1) acre. BamaLand INC retains the right to make reasonable changes, add amendments and/or addendum to this covenant up unto the Association takes on its responsibility at which point the Association can make amendments with a vote of 75% of the members (votes).
11. Severability of covenants and restrictions. Each restriction and clause herein is intended to be severable, and in the event that any one of which is for any reason held void, it shall not affect the validity of the remaining covenants and restrictions. Failure to enforce any term of this covenant shall not be deemed a waiver of the enforcement of that or any other term in this covenant.
12.Binding effect of covenants and restrictions. The provisions of this Declaration shall be covenants running with the land, binding upon the heirs, personal representatives, successors and assigns of BamaLand INC, and the individual lot and parcel owners.
13.Property Owner's Association. All parcel and lot owners agree to become members of a non-profit association hereinafter to be formed and with initial bylaws to be established, by BamaLand INC. This association shall be known as the Hardwood Mountain Preserve Owners Association (hereinafter referred to as “HMPOA”) HMPOA shall consist of and exist for the benefit of all persons who shall own parcels and/or lots in Hardwood Mountain Preserve. HMPOA shall have the authority to levy assessments, establish rules, regulations, and policies for the betterment of Hardwood Mountain Preserve, including the authority to make and enforce regulations pertaining to the building and use restrictions as stated in this Declaration. Each recorded Hardwood Mountain Preserve parcel or lot will be entitled to one vote. When the ownership of a lot or parcel is held by more than one person, the single vote for such parcel shall be cast as the respective owners shall determine among themselves. In the event that a single person(s) owns more than one parcel or lot each and every parcel or lot is entitled to one vote. Membership shall be appurtenant to and may not be separated from ownership of any lot or parcel. Beginning January 1, 2006, an initial assessment of $20.00 a year per lot or parcel shall be billed to the owner(s). Thereafter, BamaLand INC, or the Association, as the case may be, shall submit annual assessment billings each January 1st to the owners of all lots and parcels in Hardwood Mountain Preserve. BamaLand INC may increase the assessment by no more than $30(excluding liability insurance) per year up unto the Association takes on its responsibility. In the event the assessment is not paid within 30 days, that owner(s) relinquishes their voting rights as well as any other HMPOA privileges for that year. BamaLand INC as well as HMPOA retains the right to claim lien for unpaid assessments and all costs associated with non-payment. HMPOA will take on its responsibilities when it has 24 members or on February 1st 2010 comes first. Prior to this, the affairs of the association shall be managed by BamaLand INC. BamaLand INC may, at its own discretion, voluntarily turn over to the owners Association authority before these criteria are met. The Board of directors, officers of the Association, BamaLand INC, and the employees and agents of any of them shall not be liable to the owners or any other person for any acts or omissions of any nature whatsoever in their respective positions, except for such acts or omissions found by a court of competent jurisdiction to constitute gross negligence or fraud. When there are a minimum of fifteen members (votes), HMPOA shall indemnify the directors and officers of this Association to the maximum extent allowed. HMPOA shall procure and maintain in affect a comprehensive general liability insurance policy. The assessment will be increased, over and above any existing assessment, to the extent needed to cover the cost of this policy. The pre-filing intention of this association is to require the following: 60% of votes to change assessment/ 75% of votes to change covenant or Association bylaws. Any covenant changes must be recorded.
14. Violation. This covenant is expressly mentioned within the sales contract and is hereby incorporated by reference. Any violation of the covenant shall be deemed as direct violation of the sales contract. The Developer and/or the Association hereby reserve the exclusive right to seek any and all legal remedies for any violation of said covenant. Any and all costs, including but not limited to court cost, reasonable attorney fees, incurred expenses and all other associated expenses shall be charged to the violator.
15. Access easements/ Nature Trails/Common Areas/Road Maintenance Agreement. All parcels containing or using road easement to access their property will have a
“Road Maintenance Agreement” addendum to this covenant. All property owners that
purchased property that closed after February 1, 2007 will have a “Common Area/Nature Tail” addendum to this covenant with an additional accessment of $50 per year. BamaLand INC, as well as HMPOA retains the right to use and assign use to all easements/common areas/trails in Hardwood Mountain Preserve. Bamaland INC and HMPOA also retain the right to establish and enforce rules and regulations pertaining to the use of these easements/common areas/trails. Funds expended not to exceed funds available unless approved by HMPOA voting members.
16. Quiet Enjoyment. No loud, noxious, or offensive activity shall be carried on upon any parcel or lot that disturbs another’s quiet enjoyment of the property. Generators may be used only in the event of power failure. Any other generator use must be approved in writing by BamaLand INC. or HMPOA.
17.Hunting. No hunting or firearm use on parcels under seven (7) acres. Shotgun and bow hunting only on parcels under thirty (30) acres. Parcels #18, #21, #22 exempt.