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1.1. Area of Common Responsibility

1.2. Association

1.3. Board of Directors or Board

1.4. By-Laws

1.5. Common Property

1.6. Community

1.7. Community-Wide Standard

1.8. Lot

1.9. Mortgage

1.10. Owner

1.11. Person

1.12. Total Association Vote 




2.1. Common Property

2.2. No Partition 




3.1. Membership

3.2. Voting 




4.1. Assessment Obligations

4.2. Computation

4.3. Special Assessments

4.4. Specific Assessments

4.5. Lien for Assessments

4.6. Effect of Nonpayment of Assessments: Remedies of the Association

4.7. Date of Commencement of Assessments 




5.1. Association's Responsibility

5.2. Owner's Responsibility

5.3. Conveyance of Common Property by Declarant to Association 




6.1. General

6.2. Architectural Review Committee

6.3. No Waiver of Future Approvals 7

6.4. Limitation of Liability 




7.1. General

7.2. Residential Use

7.3. Signs

7.4. Vehicles

7.5. Leasing

7.6. Occupants Bound

7.7. Animals and Pets

7.8. Nuisance

7.9. Unsightly or Unkempt Conditions

7.10. Buildings

7.11. Lots

7.12. Garbage

7.13. Fences

7.14. Temporary Structures

7.15. Sight Distance at Intersections 




8.1. Association Insurance

8.2. Owners' Insurance 






10.1. Notices of Action

10.2. No Priority

10.3. Notice to Association

10.4. VA/HUD Approval 




11.1. Utility Easements

11.2. Easement for Entry

11.3. Easement for Maintenance 




12.1. Enforcement

12.2. Self-Help

12.3. Duration

12.4. Amendment

12.5. Gender and Grammar

12.6. Severability

12.7. Captions

12.8. Preparer

12.9. Perpetuities

12.10. Indemnification

12.11. Notice of Sale, Lease or Acquisition

12.12. Implied Rights

12.13. Variances 





THIS DECLARATION is made on the date hereinafter set forth by the Carlisle Commonwealth Community Association, Inc., a Georgia nonprofit corporation, and the owners of property within Carlisle subdivision which consent to this Declaration as provided herein.






Carlisle subdivision ("Community") is an existing subdivision located in DeKalb County, Georgia. The community was developed in five "Units" between 1968 and 1974. The lots within each Unit are each governed by an Outline of Protective Covenants ("Covenants"), recorded in the DeKalb County land records as follows: 


Lots Described in


Unit Deed Book, Page No. Plat Book, Page No.


One Book 2381, Page 25 Book 51, Page 33

Two Book 2641, Page 353 Book 56, Page 75

Three Book 2930, Page 52 Book 60, Page 85

Four Book 3131, Page 97 Book 60, Page 1

Five Book 3131, Page 102 Book 62, Page 56


Pursuant to Paragraph 16 of each of the aforementioned Covenants, the Covenants may be amended by written instrument signed by a majority of the then owners of lots within such Unit. 


A majority of owners of lots subject to each of the aforementioned Covenants have agreed to amend the Covenants and adopt in lieu thereof this Declaration of Protective Covenants ("Declaration"). The owners of lots agreeing to be bound by the Declaration are evidenced by the written Owner Consent to Declaration attached hereto or subsequently recorded in the Office of the Clerk of Court of DeKalb County, Georgia. 


Owners of lots within Carlisle subdivision which do not execute and record a written Owner Consent to Declaration shall continue to be governed by the aforementioned Covenants. 


The owners of lots for which a written Owner Consent to Declaration has been executed and recorded declare that the real property described in such Owner Consent to Declaration is subjected to the provisions of this Declaration. Such property shall be held, sold, transferred, conveyed, used, occupied, and encumbered subject to the covenants, conditions, restrictions and easements, which shall run with the title to the real property hereby or hereafter made subject to this Declaration. This Declaration shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. 


The Community shall be subject to the Georgia Property Owners' Association Act, O.C.G.A. ? 44-3-220, et seq. ("Act"). 


Article I



The terms in this Declaration shall generally be given their commonly accepted definitions except as otherwise specified. Capitalized terms shall be defined as set forth below.


1.1. "Area of Common Responsibility": The Common Property, together with such other areas, if any, for which the Association has responsibility pursuant to this Declaration, recorded plat, or other applicable covenants, contract, or agreement.


1.2. "Association": The Carlisle Commonwealth Community Association, Inc., a Georgia nonprofit corporation, its successors and assigns.


1.3. "Board of Directors" or "Board": The appointed or elected body, as applicable, having its normal meaning under Georgia law.


1.4. "By-Laws": The By-Laws of Carlisle Commonwealth Community Association,Inc., incorporated herein by this reference.


1.5. "Common Property": Any real or personal property which the Association owns, leases, or otherwise holds possession or use rights for the common use and enjoyment of the Owners.


1.6. "Community": The real property and interests now or hereafter subject to this Declaration.


1.7. "Community-Wide Standard": The standard of conduct, maintenance, or other activity generally prevailing in the Community as determined by the Board and the Architectural Review Committee.


1.8. "Lot": Any plot of land within the Community developed, used, and occupied as a residence for a single family dwelling as shown on a plat recorded in the DeKalb County land records. The ownership of each Lot shall include, and there shall pass with each Lot as an appurtenance thereto, all of the right, title, and interest of a member in the Association with a right of access, ingress, and egress over the Common Property.


1.9. "Mortgage": A mortgage, a deed of trust, a deed to secure debt, or any other form of security instrument affecting title to a Lot. A "Mortgagee" is the holder of a Mortgage.


1.10. "Owner": The record owner(s) of the fee simple title to any Lot located within the Community, excluding any Mortgagee.


1.11. "Person": A natural person, a corporation, a partnership, a trustee, or any other legal entity.


1.12. "Total Association Vote": The vote of all members of the Association determined in accordance with Section 3.2. 


Article II



2.1. Common Property. Every Owner of a Lot subject to this Declaration shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Property which shall be appurtenant to and shall pass with the title to each Lot, subject to:


(a) This Declaration and any other applicable covenants;


(b) Any restrictions or limitations contained in any deed conveying such property to the Association;


(c) The right of the Board to adopt rules regulating the use and enjoyment of the Common Property;


(d) The right of the Association to suspend the voting rights of a Lot Owner for any period during which any assessment against such Owner's Lot which is hereby provided for remains unpaid and for a reasonable period of time for an infraction of the Declaration, By-Laws, or rules and regulations; and


(e) The right of the Association to mortgage, dedicate or transfer all or any portion of the Common Property, provided, that any such encumbrance, dedication or transfer shall require the approval of at least two-thirds (2/3) of the Total Association Vote.


Any Lot Owner may delegate such Owner's right of use and enjoyment in and to the Common Property and facilities located thereon to the members of such Owner's family and to such Owner's tenants. If an Owner leases a Lot, such Owner shall be deemed to have made a delegation of all such rights to the occupants of such Owner's Lot.


2.2. No Partition. Except as permitted in this Declaration, there shall be no judicial partition of the Common Property. This Section shall not prohibit the Board from acquiring and disposing of tangible personal property nor from acquiring and disposing of real property which may or may not be subject to this Declaration. 


Article III



3.1. Membership. Every Person who is the Owner of a Lot subject to this Declaration shall be a member of the Association. No Owner, whether one or more Persons, shall have more than one membership per Lot. In the event of multiple Owners of a Lot, the rights and privileges of membership may be exercised as the Owners shall agree unless otherwise provided herein, and all co-Owners shall be jointly and severally obligated to perform the responsibilities of Owners. Membership shall be appurtenant to and may not be separated from ownership of any Lot.


3.2. Voting. Members shall be entitled to one vote for each Lot owned. When more than one Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more than one Person seeks to exercise it. 


Article IV



4.1. Assessment Obligations. Assessments shall be used for promoting the health, safety, welfare, common benefit, and enjoyment of the Owners and the maintenance of the Area of Common Responsibility. Each Owner of any Lot, by consenting to this Declaration covenants and agrees to pay to the Association: (a) annual assessments; (b) special assessments; and (c)specific assessments which include, without limitation, fines as may be imposed in accordance with the terms of this Declaration. All such assessments, together with late charges, interest computed at 10% per annum on the principal amount due, costs, and reasonable attorney's fees actually incurred, shall be an automatic, statutory lien in accordance with the Act and the personal obligation of the owner thereof at the time the assessment fell due. Each grantee of an Owner shall be jointly and severally liable for any unpaid assessment which was due and payable at the time of conveyance; except a first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure shall not be liable for assessments which became due prior to its taking title.


The Association shall, within five days after receiving a written request and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot shall be binding upon the Association as of the date of issuance.


Annual assessments shall be levied equally on all similarly situated Lots and shall be paid in such manner and on such dates as may be fixed by the Board. The Association may, upon ten days' written notice sent certified mail, return receipt requested, accelerate the annual assessment for delinquents. Unless otherwise provided by the Board, the assessment shall be paid in annual installments.


4.2. Computation and Presentation. The Board shall prepare a budget covering the estimated costs of operating the Association for the coming year. The Board shall cause the budget to be levied equally against each Lot. The Board shall designate a meeting for presentation of the budget and regular assessments to the Association members at least 30 days prior to the assessments being due. By majority vote; the members in attendance at the designated meeting shall vote to accept or reject the proposed budget. If the membership disapproves the proposed budget or the Board fails for any reason so to determine the budget for the succeeding year, then and until such time as a budget shall have been determined, as provided herein, the budget in effect for the then current year shall continue for the succeeding year.


4.3. Emergency Assessments. Under unusual or emergency circumstances, and not to exceed once per year; the Association may levy an Emergency Assessment with a majority of total Association approval. The Board may levy a per Lot special assessment which is not greater than 15% of the per lot annual assessment without membership approval. Any per Lot special assessment greater than 15% of the per Lot annual assessment shall be approved at a meeting by a majority of the Total Association Vote. Special assessments shall be paid as determined by the Board, and the Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed.


4.4. Specific Assessments. The Board shall have the power to specifically assess Lots for fines levied pursuant to Section 12.1 and the costs of maintenance performed by the Association which the Owner is responsible for under Sections 5.1 and 5.2. Failure of the Board to exercise its authority under this Section shall not be grounds for any action against the Association or the Board and shall not constitute a waiver of the Board's authority under this Section in the future with respect to any expenses.


4.5. Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, and reasonable attorney's fees actually incurred, are automatically secured by a statutory lien on such Lot in favor of the Association. Recording of this Declaration shall constitute notice, and no further recording of claim of lien shall be required. Such lien shall be superior to all other liens and encumbrances on such Lot, except for as provided in the Act.


4.6. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessments or installments thereof which are not paid when due shall be delinquent. Any delinquency of more than ten days shall incur a late charge in an amount equal to $10.00 or 10% of the installment, whichever is greater. Each Owner, by acceptance of a deed or as a party to any other type of a conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt and to foreclose the aforesaid lien as set forth in the Act. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same.


No Owner subject to this Declaration may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot. No diminution or abatement of any assessment shall be claimed or allowed by reason of any alleged failure of the Association to take some action or perform some function. The obligation to pay assessments is a separate and independent covenant on the part of each Owner.


All payments shall be applied first to costs and attorney's fees, then to late charges, then to interest and then to delinquent assessments.


4.7. Date of Commencement of Assessments. The assessments shall commence on each Lot as of the later of: (a) the first day of the month following the Lot being subjected to this Declaration, or (b) when the Board first determines a budget and notice of assessment. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year. 


Article V



5.1. Association's Responsibility. Association maintenance, repair, and landscaping on the Area of Common Responsibility shall be performed consistent with the Community-Wide Standard. The Area of Common Responsibility may include, without limitation:


(a) Common Property such as the swimming pool, club house, and tennis courts;


(b) Entry features and landscaping at the Community;


(c) Landscaped islands and borders along public rights-of-way; and


(d) Any easement areas set forth on recorded easement.


Such maintenance shall include, without limitation, the expenses for water, gas, and electricity, if any, provided to all such entry features, whether or not located on the Common Property or a Lot. Additionally, the Association shall maintain any storm water detention facilities, fences and improvements serving the Community. The Association shall have the right, but not the obligation, to maintain portions of Lots and other property not owned by the Association, whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners.


In the event that the Association determines that the need for Association maintenance, repair, or replacement is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, and is not covered or paid for by insurance, in whole or in part, then the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner.


5.2. Owner's Responsibility. Except as provided in Section 5.1, all maintenance of the Lot and all structures, parking areas, landscaping, and other improvements thereon shall be the sole responsibility of the Owner thereof, who shall maintain such Lot in a manner consistent with the Community-Wide Standard and this Declaration. If the Board determines that any Owner has failed or refused to discharge properly any of its maintenance obligations, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten-day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a specific assessment of such Owner and shall become a lien against the Lot.


5.3. Conveyance of Common Property by Athletic Club to Association. The Carlisle Athletic Club, Ltd. may transfer or convey to the Association any personal property and any improved or unimproved real property, leasehold, easement, or other property interest located within or adjacent to the Community. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Property to be maintained by the Association for the benefit of all or a part of its members. 


Article VI



6.1. General. Modifications of structures and installation of materials or things upon any Lot shall require the prior written approval of the Architectural Review Committee ("ARC"). This shall include staking, clearing, excavation, grading and similar site work, as well as exterior alteration. Planting or removal of landscaping materials is not governed hereunder. No work subject to this Article shall commence unless and until plans and specifications showing at least the nature, kind, shape, height, materials, and location shall have been submitted in writing to and approved in writing by the ARC.


Any Owner may remodel, paint or redecorate the interior of structures on a Lot without approval. However, modifications to exterior portions of a Lot visible from outside the structures on the Lot shall be subject to approval. No approval shall be required to repaint or maintain the exterior of a structure in accordance with colors that are traditional, typical and existing in the community.


6.2. Architectural Review Committee. The Board shall appoint three to five members who may include members of the board to constitute the ARC.


In reviewing each submission, the ARC may consider the quality of workmanship, design, harmony of external design with existing structures, and location in relation to surrounding structures, topography, and finish grade elevation, among other things. The ARC shall be the sole arbiter of such plans and may withhold approval for any reason, including purely aesthetic considerations, and it shall be entitled to stop any construction in violation of these restrictions. Each Owner acknowledges that opinions on aesthetic matters are subjective and may vary as ARC members change over time.


In the event that the ARC fails to approve or to disapprove in writing any application within 60 days after submission of all information and materials reasonably requested, the application shall be deemed approved. All work shall be completed within one year of commencement or such shorter period as the ARC may specify in the notice of approval. Any member of the Board, ARC, or its representatives shall have the right, during reasonable hours and after reasonable notice, to enter upon any Lot to verify compliance with these restrictive covenants. Such person or persons shall not be deemed guilty of trespass by reason of such entry. In addition to any other remedies available to the Association, in the event of noncompliance with this Section, the Board may, as provided in Section 12.1, record in the appropriate land records a notice of violation naming the violating Owner.


If the ARC and the homeowner disagree as to the disposition of any Application, both parties shall subject the Application to a total Association vote. Said vote shall be conducted by the Association members in attendance at a regular Association meeting. The outcome of this vote shall be binding on all parties.


6.3. No Waiver of Future Approvals. Approval of proposals, plans and specifications, or drawings for any work done or proposed, or in connection with any other matter requiring approval, shall not be deemed to constitute a waiver of the right to withhold approval as to any similar proposals, plans and specifications, drawings, or other matters subsequently or additionally submitted for approval.


6.4. Limitation of 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 ARC, the members thereof, nor the Association assumes liability or responsibility therefore nor for any defect in any structure constructed from such plans and specifications. Neither the Association, the ARC, the Board, nor the officers, directors, members, employees, and agents of any of them shall be liable in damages to anyone submitting plans and specifications to any of them for approval and hereby releases and covenants not to sue. 


Article VII



7.1. General. This Article sets out certain use restrictions which must be complied with by all Owners and occupants of any Lot. These use restrictions may only be amended in the manner provided in Section 12.4 regarding amendment of this Declaration. In addition, the Board may promulgate, modify, or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and occupants.


7.2. Residential Use. All Lots shall be used exclusively for residential purposes of a single household. Leasing of a Lot shall not be considered a business or business activity. The Board may permit a Lot to be used for business purposes so long as such business, in the sole discretion of the Board, does not otherwise violate the provisions of the Declaration or By-Laws, does not create a disturbance and does not unduly increase traffic flow or parking congestion. The Board may issue rules regarding permitted business activities.


7.3. Signs. The Board shall have the right to erect reasonable and appropriate signs. "For Sale" and "For Rent" signs not exceeding six square feet and security signs consistent with the Community-wide Standard and reasonable signs required by legal proceedings or pursuant to a first Mortgage may be erected upon any Lot. No sign of any kind shall be erected by an Owner or occupant within the Community without the prior written consent of the ARC.


7.4. Vehicles. The term "vehicles," as used herein, shall include, without limitation, motor homes, boats, trailers, motorcycles, mini bikes, scooters, go-carts, trucks, campers, buses, vans, and automobiles. All vehicles shall be parked in designated parking spaces. No vehicle may be left upon any portion of the Community, except in a garage or driveway for a period longer than five days if it is unlicensed or if it is in a condition such that it is incapable of being operated upon the public highways. After such five-day period, such vehicle shall be considered a nuisance and may be removed from the Community by the Association at the Lot Owner's sole expense. Boats, trailers, campers, recreational vehicles, motor homes or mobile homes shall be parked so that such are not visible from the street or in other places designated by the Board.


If the A.R.C. and the homeowner disagree as to the disposition of any condition involving vehicles, both parties shall subject the matter to a total Association vote. Said vote shall be conducted by the Association members in attendance at a regular Association meeting. The outcome of this vote shall be binding on all parties.


7.5. Leasing. Lots may be leased for residential purposes. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, By-Laws, use restrictions, and rules and regulations of the Association. The lease shall also obligate the tenant to comply with the foregoing.


7.6. Occupants Bound. All provisions of the Declaration, By-Laws, and of any rules and regulations, use restrictions or design guidelines governing the conduct of Owners and establishing sanctions against Owners shall also apply to all occupants even though occupants are not specifically mentioned. Fines may be levied against Owners or occupants. If a fine is first levied against an occupant and is not paid timely, the fine may then be levied against the Owner.


7.7. Animals and Pets. No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any Lot, with the exception of dogs, cats, or other usual and common household pets in reasonable number, as determined by the Board. No animals, livestock, poultry, or pets shall be kept, bred or maintained for any commercial purpose.


7.8. Nuisance. It shall be the responsibility of each Owner and occupant to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her property. No property within the Community shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye. No substance, thing, or material shall be kept 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 of surrounding property. No noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any property within the Community.


7.9. Unsightly or Unkempt Conditions. 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 disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken in any part of the Community.


7.10 Buildings. No building shall be erected, altered, placed, or permitted to remain on any Lot other than one detached single family dwelling not to exceed two and one-half stories in height, exclusive of any basement and private garage which shall not exceed a capacity of three cars. The ground floor of one-story buildings shall not be less than 1500 square feet, exclusive of porches, decks and garages. Two-story buildings shall have a minimum floor area of 2000 square feet, exclusive of porches, decks and garages.


7.11 Lots. All Lots shall have a minimum width of 90 feet and a total of 15,000 square feet. No building shall be located nearer than 35 feet to the front lot line, or nearer than 35 feet to any side street. No building shall be located nearer than 10 feet to an interior lot line, except that a two-foot side yard shall be required for a garage or other permitted accessory building located 60 feet or more from the minimum front setback line. No building shall be located on an interior Lot nearer than 40 feet to the rear lot line. Eaves, steps, carports and open porches shall not be considered a part of this covenant.


7.12. Garbage. All garbage cans and other similar items shall be located or screened so as to be concealed from view of neighboring streets and property except during regular pickups, and cans or containers shall be removed from the street within 24 hours of trash collection. All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate.


7.13. Fences. Fences must be approved by the ARC.


7.14. Temporary Structures. No structure of a temporary character shall be permitted. No temporary structure, accessory building, mobile home, camper, motor home, tent or recreational vehicle shall be used as a residence.


7.15. Sight Distance at Intersections. All property located at street intersections or driveways shall be landscaped so as to permit safe sight across such areas. No fence, wall, hedge, or shrub planting shall be placed or permitted to remain where it would create a traffic or sight hazard. 


Article VIII



8.1. Association Insurance. The Association, acting through its Board or its duly authorized agent, shall obtain and continue in effect the following types of insurance, if deemed necessary by the Board and available at a reasonable cost:


(a) Blanket property insurance for all insurable improvements on the Common Property for maintenance, repair and/or replacement in the event of a casualty. The Association shall have the authority to and interest in insuring any property for which it has maintenance or repair responsibility, regardless of ownership. Property insurance policies shall have policy limits sufficient to cover the full replacement cost of the insured improvements;


(b) General liability insurance on the Area of Common Responsibility, insuring the Association and its members. If generally available at reasonable cost, the commercial general liability coverage (including primary and any umbrella coverage) shall have a limit of at least $1,000,000.00 per occurrence with respect to bodily injury, personal injury, and property damage; and


(c) Such additional insurance as the Board, in its best business judgment, determines advisable, which may include workers compensation insurance, directors and officers liability coverage, and fidelity insurance covering all Persons responsible for handling Association funds.


The Association shall periodically cause a review of the sufficiency of insurance coverage by one or more qualified Persons, at least one of whom must be familiar with insurable replacement costs in the metropolitan Atlanta, Georgia area. The policies may contain a reasonable deductible. In the event of an insured loss, the deductible shall be treated as a common expense of the Association; provided, if the Board reasonably determines, after notice and an opportunity to be heard in accordance with the By-Laws, that the loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees, or lessees, then the Board may specifically assess the full amount of such deductible against such Owner(s) and their Lots pursuant to Section 4.4.


In the event of a loss subject to insurance written in the name of the Association, the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repair or reconstruction. Repair or reconstruction, as used in this paragraph, means repairing or restoring the property to substantially the condition in which it existed prior to the damage, allowing for changes or improvements necessitated by changes in applicable building codes. Any damage to or destruction of the Common Property shall be repaired or reconstructed unless at least 67% of the Total Association Vote otherwise agree not to repair or reconstruct.


If determined in the manner described above that the damage or destruction to the Common Property shall not be repaired or reconstructed and no alternative improvements are authorized, the affected property shall be cleared of all debris and ruins and thereafter shall be maintained by the Association in a neat and attractive, landscaped condition consistent with the Community-Wide Standard.


Any insurance proceeds remaining after paying the costs of repair or reconstruction, or after such settlement as is necessary and appropriate, shall be retained by and for the benefit of the Association and placed in a capital improvements account. This is a covenant for the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Lot.


8.2. Owners' Insurance. By virtue of taking title to a Lot, each Owner covenants and agrees with all other Owners and with the Association to carry property insurance for the full replacement cost of all insurable improvements on his or her Lot, less a reasonable deductible, or agrees to clear the Lot in a landscaped condition consistent with the Community-Wide Standard. Each Owner further covenants and agrees that in the event of damage to or destruction of structures on or comprising his Lot, the Owner shall proceed promptly to repair or to reconstruct in a manner consistent with the original construction or such other plans and specifications as are approved in accordance with Article VI. Alternatively, the Owner shall clear the Lot of all debris and ruins and maintain the Lot in a neat and attractive, landscaped condition consistent with the Community-Wide Standard. The Owner shall pay any costs which are not covered by insurance proceeds. 


Article IX



All or any portion of the real property described on the recorded plats for Carlisle as identified in the Background Statement to this Declaration may be subjected to the terms of this Declaration and the jurisdiction of the Association at any time by filing in the DeKalb County, Georgia, land records an instrument in substantially the form attached on Exhibit "A," completed and executed by the record owner(s) of the real property to be subjected, acknowledged on behalf of the Association, and notarized. Acknowledgment by the Association shall be for notice purposes only, and the Association shall execute the form upon the request of any record title owner of a Lot within Carlisle subdivision. 


Article X



The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the By-Laws, notwithstanding any other provisions contained therein.


10.1. Notices of Action. An institutional holder, insurer, or guarantor of a Mortgage, who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an "eligible holder"), will be entitled to timely written notice of:


(a) any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a Mortgage held, insured, or guaranteed by such eligible holder;


(b) any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder, where such delinquency has continued for a period of 60 days;


(c) any lapse, cancellation, or material modification of any insurance policy maintained by the Association.


10.2. 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 rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Property.


10.3. Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot.


10.4. VA/HUD Approval. As long as the as the project is approved by the U.S. Department of Housing and Urban Development ("HUD") for insuring or the U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the Community the following actions shall require the prior approval of the VA and/or HUD as applicable: annexation of additional property to the Community, except for annexation of Lots accordance with Section 9.1; dedication of Common Property to any public entity; mergers and consolidations, or dissolution of the Association; and material amendment of the Declaration, By-Laws or Articles of Incorporation. 


Article XI



11.1. Utility Easements. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plats and over the rear 10 feet of each Lot. Drainage flow shall not be altered or obstructed from drainage or utility easements designated above or on the recorded plats.


11.2. Easement for Entry. In addition to the right of the Board to exercise self-help as provided in Section 12.2, the Board shall have the right, but shall not be obligated, to enter upon any non-dwelling property within the Community for emergency, security, and safety reasons, which right may be exercised by the manager, and all police officers, fire fighters, 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, and the entering party shall be responsible for any damage caused. This right of entry shall include the right of the Board to enter to cure any condition which may increase the possibility of a fire, slope erosion, or other hazard in the event an Owner or occupant fails or refuses to cure the condition upon request by the Board.


11.3. Easement for Maintenance. The Association is granted a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article V. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment to Owners' property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 


Article XII



12.1. Enforcement. Each Owner and occupant shall comply with this Declaration, the By-Laws, the rules and regulations as they may be lawfully amended or modified from time to time. The Board 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 By-Laws 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.


12.2. 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 non-dwelling portion of a 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 By-Laws, the rules and regulations, or the use restrictions. Unless an emergency situation exists, the Board shall give the violating Lot Owner ten 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 as provided for herein for the collection of assessments.


12.3. Inception & 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, and to the extent that, 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 automatically extended for successive periods of 20 years.


12.4. Amendment. 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 subject to this Declaration and the requirements in the Act.


12.5. 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.


12.6. Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application 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.


12.7. 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.


12.8. Preparer. This Declaration was prepared by RICHARD G. PECHIN - ATTORNEY AT LAW -767 CARLISLE CLUB DR. STONE MOUNTAIN, GA 30083-4708.


12.9. 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.


12.10. 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.


12.11. Notice of Sale, Lease or Acquisition. 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 such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require.


12.12. Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the By-Laws, 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.


12.13. Variances. Notwithstanding anything to the contrary contained herein, the Board or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the By-Laws 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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