Chimney Springs Homeowners' Association

Chimney Springs Declaration of Covenants, Easements and Restrictions

Table of Contents

DECLARATION OF COVENANTS, RESTRICT1ONS AND EASEMENTS

THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS was made the 23rd day of January, 1975, by ARVIDA OF GEORGIA, INC., a Georgia corporation (hereinafter referred to as "Declarant"), recorded the 5th day of February, 1975, in Deed Book 1582, page 353, Records of Cobb County, Georgia.

WITNESSETH:

WHEREAS. Declarant is the owner of certain real property in Land Lots 20, 21, 22, 23, 24, 55, 56, 57 ,58, 59 and 95 of the 1st District, and Land Lots 541, 612, 613, 614, 684 and 685 of the 16th District, 2nd Section, Cobb County, Georgia which is known as Chimney Springs Subdivision, plats of which are recorded in the office of the Clerk of the Superior Court of Cobb County, Georgia; and

WHEREAS, Declarant intends to develop on lands, including the real property described above a development to be known as Chimney Springs (hereinafter referred to as the Development"); and

WHEREAS, Declarant has caused the Association (as hereinafter defined) to be formed as a non-profit civic organization to perform certain functions for the common good and general welfare of the Owners (as hereinafter defined);

NOW, THEREFORE, the Declarant hereby declares that all of the real property described above shall be held, sold and conveyed subject to this Declaration of Covenants, Restrictions and Easements, which is for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property. The Covenants, Restrictions and Easements set forth herein shall run with the Property (as hereinafter defined), and shall be binding on all parties having or acquiring any right, title or interest in the Property or any part thereof, and shall, subject to the limitations herein provided, inure to the benefit of each Owner, his heirs, grantees, distributees, successors and assigns and to the benefit of the Association.

ARTICLE I - DEFINITIONS

The following words, when used in this Declaration of Covenants, Restrictions and Easements, shall have the following meanings:

1.01 Association. "Association" means Chimney Springs Homeowners' Association, Inc. (a non-profit corporation organized under the Georgia Nonprofit Corporation Code), its successors and assigns.

1.02 Board. "Board" means the Board of Directors of the Association.

1.03 By-Laws. "By-Laws" means the By-Laws of the Association.

1.04 Common Property. "Common Property" means all real property (together with any and all improvements now or hereafter located thereon) owned by the Association for the common use and enjoyment of the Owners.

1.05 Declarant. "Declarant" means Arvida of Georgia, Inc., its successors and assigns, if such successors and assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.

1.06 Lot. "Lot" means any parcel of land shown upon a subdivision plat recorded in the Office of the Clerk of the Superior Court of Cobb County, covering any portion of the Property, provided, however, that no portion of the Common Property shall ever be a Lot.

1.07 Member. "Member" means any member of the Association.

1.08 Membership. "Membership" means the collective total of all Members of all classes of the Association.

1.09 Owner. "Owner" means the record owner whether one or more persons or entities, of a fee simple title to any Lot, provided, however, that where fee simple title has been transferred and is being held merely as security for the repayment of a loan, the person or entity who would own the Lot in fee simple if such loan were paid in full shall be considered the owner.

1.10 Property. . "Property" means that certain real property (other than Common Property) hereinabove described together with such additional real property as the Declarant may acquire and subject to the provisions of this Declaration of Covenants, Restrictions and Easements in accordance with the provisions of Article X hereof.

1.11 Restrictions. ."Restrictions" means all covenants, restrictions, easements, charges, liens and other obligations created or imposed by  this Declaration.

1.12 Structure.  "Structure" means:

(a) any thing or object the placement of which upon any Lot may affect the appearance of such Lot, including by way of illusb3tion and not limitation, any building or part thereof, garage, porch, shed, greenhouse or bathhouse, coop or cage, covered or uncovered patio, swimming pool, fence, curbing, paving, wall, tree, shrub, sign, signboard, temporary or permanent living quarters (including any house trailer) or any other temporary or permanent improvement to such Lot;

(b) any excavation, grading, fill, ditch, diversion dam or other thing or device which affects or alters the natural flow of surface waters from, upon or across any Lot, or which affects or alters the flow of any waters in any natural or artificial creek, stream, wash or drainage channel from. upon or across any Lot; and

(c) any change in the grade at any point on a Lot of more than six (6) inches, whether or not subsection (b) of this Section 1.12 applies to such change.

ARTICLE II - COMMON PROPERTY

2.01 Conveyance of Common Property.

(a) The Declarant shall from time to time convey to the Association, at no expense to the Association and in accordance with this Section. real and personal property for the common use and enjoyment of the Owners (such real and personal property is hereinafter collectively referred to as "Common Property") and. to the extent set forth in this Declaration of Covenants. Restrictions and Easements, the general public. The Association hereby covenants and agrees to accept from the Declarant all such conveyances of Common Property.

(b) It is contemplated by the Declarant that the Declarant will convey to the Association Common Property for the following uses:

(i) General recreational use. to include facilities for tennis, swimming,     boating and exercise; and

(ii) Scenic and natural area preservation.

The Declarant may, at Declarant’s sole discretion, modify, alter, increase, reduce and otherwise change the Common Property contemplated to be conveyed to the Association in accordance with this subsection (b) of this Section 2.01 at any time prior to conveyance of such Common Property to the Association.

(c) In addition to the property described in subsection (b) of this Section 2.01, the Declarant may convey to the Association in accordance with this Section 2.01 such other real and personal property as the Declarant may determine to be necessary or proper for the completion of the Development.

(d) Notwithstanding any legal presumption to the contrary, the fee title to, and all rights in, any portion of the Property owned by the Declarant and designated as Common Property or designated for public use shall be reserved to the Declarant until such time as the same shall be conveyed to the Association or to any municipality or other governmental body, agency or authority.

2.02 Right of Enjoyment. Every Owner shall have a right and easement to use and enjoy the Common Property, which right shall be appurtenant to and shall pass with the title to every Lot upon transfer; provided, however, that no Owner shall do any act which interferes with the free use and enjoyment of the Common Property by all other Owners. The Association may permit persons who are not Owners to use and enjoy part or all of the Common Property subject to such limitations, and upon such terms and conditions, as it may from time to time establish. The right and easement of enjoyment granted or permitted by this Section 2.02 is subject to suspension by the Association as provided in Sections 2.03 (1) and 3.05.

2.03 Rights of The Association. The rights and privileges conferred in Section 2.02 hereof shall be subject to the right of the Association acting through the Board to:

(a) Promulgate rules and regulations relating to the use, operation and maintenance of the Common Property;

(b) Borrow money for the purpose of carrying out the activities of the Association, including the acquisition, construction, improvement, equipping and maintenance of Common Property, and in aid thereof to encumber by deed to secure debt, mortgage, or other security interest any or all of the Association's property including Common Property and revenues from assessments, user fees and other sources; and provided, however, that, during the period prior to the time when the Class A Members (as hereinafter defined) have the right to elect an absolute majority of the Board, the Association shall not deed, grant or convey to anyone any mortgage, deed to secure debt or other security interest on or in Common Property constituting real estate without approval by a two-thirds (2/3) vote of those Class A Members who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the By-Laws of the Association;

(c) grant easements or rights of way over Common Property to any municipality or other governmental body, agency or authority, to any quasi-public agency or to any utility company or cable television system;

(d) dedicate or transfer all or any part of the Common Property or interests therein to any  municipality or other governmental body, agency or authority for such purposes and subject to such provisions and conditions as may be agreed upon by the Association and such grantee, including a provision that such property or interest shall, if such dedication or transfer is approved by a two-thirds (2/3) vote of those Class A Members who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the By-Laws of the Association, cease to be subject to this Declaration or all or any part of the Restrictions while held by any such municipality or other governmental body, agency or authority;

(e) charge reasonable fees in connection with the admission to and use of facilities or services; provided that in setting any such fee the Board may establish reasonable classifications which shall be uniform within each such class but need not be uniform between such classes;

(f) suspend, pursuant to Section 3.05, the voting rights of any Member and the right of enjoyment granted or permitted by Section 2.02;

(g) such rights as the Association may have to sell, lease or otherwise convey all or any part of its properties and interests therein; and

(h) all applicable provisions of valid agreements of the Association relating to the Common Property or any part thereof.

2.04 Types of Common Property. At the time of the conveyance of any real property by the Declarant to the Association to be used as Common Property, the Declarant shall designate in the deed of conveyance that such real property is to be Common Property, and further may designate in the deed of conveyance the specific or general purpose or purposes for which such real property or any portion thereof may be used, and in such event, such real property or portion thereof shall not, without a 2/3 vote of each class of Members of the Association, be used for any different purpose or purposes without the prior written consent of the Declarant.

2.05 Delegation of use. Any Owner may delegate to the members of his family or his tenants who reside on a Lot, in accordance with the By-Laws, his right to use and enjoy the Common Property.

ARTICLE III - CHIMNEY SPRINGS HOMEOWNERS' ASSOCIATION

3.01 Purposes, Powers and Duties of The Association. The Association shall be formed as a non-profit civic organization for the sole purpose of performing certain functions for the common good and general welfare of the people of the Development The Association shall have no power or duty to do or perform any act or thing other than those acts and things which will promote in some way the common good and general welfare of the people of the Development.

To the extent, and only to the extent, necessary to carry out such purpose, the Association (a) shall have all of the powers of a corporation organized under the Georgia Nonprofit Corporation Code and (b) shall have the power and duty to exercise all of the rights, powers and privileges and to perform all of the duties and obligations of the Association as set forth in this Declaration.

3.02 Membership in the Association. Every Owner shall automatically be a member of the Association and such membership shall terminate only as provided in this Declaration of Covenants, Restrictions and Easements.

3.03 Voting Rights. The Association shall have two classes of voting membership.

(a) Each Owner, with the exception of the Declarant, shall be a Class A Member and shall be entitled to one (1) Class A vote. Where such Owner is a group or entity other than one individual person, the vote on behalf of such Owner shall be exercised only by such individual person as shall be designated in a proxy instrument duly executed by or on behalf of such group or entity and delivered to the secretary of the Association;

(b) The Declarant shall be the sole Class B Member and shall be entitled to three (3) votes for each Lot owned. Subject to the terms and conditions of subsection (c) of this Section 3.03, the Class B Membership shall cease and be converted to Class A Membership upon the happening of either of the following events, whichever occurs earlier:

(i) when the total votes outstanding in the Class A Membership equal the total votes outstanding in the Class B Membership; or

(ii) on December 31, 1994.

(c) It is contemplated by the Declarant that the Development will be composed of approximately 750 Lots to be developed in phases containing unequal numbers of Lots. Each such phase will be platted of record in the Office of the Clerk of the Superior Court of Cobb County in accordance with Article X of this Declaration. The Declarant shall notify the Association in writing when the final phase of the Development has been so planed of record. By acceptance of a deed conveying a Lot, each Owner acknowledges that, upon the filing by Declarant of the subdivision plats covering such phases, the total votes outstanding in the Class B Membership will automatically increase in accordance with the formula set forth in subsection (b) of this Section 3.03, and in no event shall Class B Membership cease and be converted to Class A Membership (as provided in subsection (b) of this Section 3.03) until after the Association receives the written notice provided for in the preceding sentence or December 31 , 1994, whichever occurs earlier. Provided, however, that nothing contained herein shall obligate the Declarant to develop any proposed phase of the Development unless such phase is subjected to this Declaration.

3.04 Board of Directors. The affairs of the Association shall be managed by a Board of Directors. The number of Directors and the method of election of Directors shall be as set forth in the By-Laws of the Association.

3.05 Suspension of Membership. The Board may suspend the voting rights of any Member and the right of enjoyment of the Common Property of any person who:

(a) shall be subject 10 the Right of Abatement, as defined in Section 8.02 by reason of having failed to take the reasonable steps to remedy a violation or breach of either the Restrictions or the Design Standards of the ACC within thirty (30) days after having received notice of the same pursuant to the provisions of Section 5.11, 6.14 or 8.02 hereof;

(b) shall be delinquent in the payment of any assessment levied by the Association pursuant 10 the provisions of Article IV hereof; or

(c) shall be in violation of the rules and regulations of the Association relating to the use, operation and maintenance of Common Property.

Such suspension shall be for the balance of the period in which said Member or person shall remain in violation, breach or default, as aforesaid, except that in the case of a violation described in subsection (c) of this Section 3.05, the suspension may be for a period not to exceed 60 days after the cure or termination of such violation. No such suspension shall prevent an Owner's ingress to or egress from his Lot.

3.06 Termination of Membership. Membership shall cease only when a person ceases to be an Owner.

3.07 Voting Procedures. The procedures for the election of Directors of the Association and the resolution of such other issues as may be brought before the membership of the Association shall be governed by this Declaration, the Georgia Nonprofit Corporation Code, the Articles of Incorporation of the Association, and the B y-Laws of the Association, as each shall from time to time be in force and effect.

ARTICLE IV - ASSESSMENTS

4.01 Covenant for Assessments and Creation of Lien and Personal Obligation. The Declarant, to the extent that Declarant is an Owner, hereby covenants and agrees, and each Owner, jointly and severally, for himself, his heirs, distributees, legal representatives, successors and assigns, by acceptance of a deed for a Lot, whether or not the covenants contained herein shall be expressed in any such deed, hereby covenants and agrees as follows:

(a) to pay to the Association the annual assessments which may or shall be levied by the Association pursuant to this Declaration against all Lots owned by him;

(b) to pay to the Association any special assessments for capital improvements and other charges which mayor shall be levied by the Association pursuant to this Declaration against all Lots owned by him;

(c) that there is hereby created a continuing charge and lien upon all Lots owned by him against which all such assessments are made to secure payment of such assessments and any interest thereon as provided in Section 4.09 hereof and costs of collection including reasonable attorneys' fees;

(d) that such continuing charge and lien on such Lots binds such Lots in the hands of the then Owner, and the Owner's heirs, devisees, legal representatives, successors and assigns. Such charge and lien is superior to any and all charges, liens or encumbrances which may hereafter in any manner arise or be imposed upon such Lots whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage, deed to secure debt, or other instrument, except (i) such liens for taxes or other public charges as are by applicable law made superior, and (ii) all purchase money mortgages and purchase money deeds to secure debt. For purposes of this paragraph, the term "Purhase money mortgage or purchase money deed to secure debt" means a mortgage or deed to secure debt given to secure a loan the proceeds of which are used to purchase a Lot or Lots or to finance the construction, repair or alteration of Structures;

(e) that no sale or transfer at foreclosure or in lieu of foreclosure shall relieve any Lot or Lots from liability for any assessment thereafter assessed;

(f) that all annual and special assessments (together with interest thereon as provided in Section 4.09 of this Declaration and costs of collection including reasonable attorneys' fees) levied against any Lot or Lots owned by him during the period that he is an Owner shall be (in addition to being a continuing charge and lien against such Lot or Lots as provided in Section 4.01 ( c ) of this Declaration) a personal obligation which will survive any sale or transfer of the Lot or Lots owned by him. Provided, however, that such personal obligation for delinquent assessments shall not pass to an Owner's successor in title unless expressly assumed by such successor.

4.02 Purpose of Assessment.  The assessments levied by the Association shall be used exclusively for the purpose of providing for the common good and general welfare of the people of the new community of the Development, including, but not limited to, the acquisition, construction, improvement, maintenance and equipping of Common Property, the enforcement of the Restrictions contained in this Declaration, the enforcement of the Design Standards (as hereinafter defined) of the ACC (as hereinafter defined), the payment of operating costs and expenses of the Association and the payment of all principal and interest when due on all debts owed by the Association.

4.03 Accumulation of Funds Permitted. The Association shall not be obligated to spend in any calendar year all the sums collected in such year by way of annual assessments or otherwise, and may carry forward, as surplus, any balances remaining; nor shall the Association be obligated to apply such surplus to the reduction of the amount of the Annual Assessments in any succeeding year, but may carry forward from year to year such surplus as the Board may deem to be desirable for the greater financial security of the Association and the effectuation of its purposes.

4.04 Maximum Annual Assessment.

(a) Beginning on the Commencement Date (as hereinafter defined) and continuing thereafter until January 1 of the year immediately following the Commencement Date each Lot shall be subject to a maximum annual assessment of One Hundred Twenty and No/l00  ($120.00) Dollars per Lot In the event that the Commencement Date falls on a day other than January 1, the annual assessment for such year shall be prorated so that each Owner pays an annual assessment proportional to the number of days remaining in the calendar year .The words “Assessment Year" as used herein shall mean the calendar year with the first Assessment Year commencing on January 1 of the year immediately following the Commencement Date.

(b) Commencing with the first Assessment Year and continuing thereafter, the maximum annual assessment may be increased at any time and from time to time during each Assessment Year not more than five per cent (5% ) above the maximum annual assessment for the previous Assessment Year without a vote of the Membership. During the first Assessment Year, the maximum annual assessment may be increased five per cent (5%) above $120.00. Section 4.04 (b) is hereby amended as of May 19,1987 such that commencing with Assessment Year 1988, the maximum annual assessment may be increased at any time and from time to time during each Assessment year not more than eight per cent (8% ) above the maximum annual assessment for the previous Assessment Year without a vote of the Membership.

(c) Commencing with the first Assessment Year and continuing thereafter, the maximum annual assessment for each Assessment Year may at any time and from time to time be increased more than five percent (5% ) above the maximum annual assessment for the previous Assessment Year if such increase is approved by a two-thirds (2/3) vote of each class of Members of the Association who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the provisions of the By-Laws of the Association and this Declaration. During the First Assessment Year, the maximum annual assessment may be increased more than eight per cent (8) above $120.00 if such increase is approved by a two-thirds (2/3) vote of each class of Members of the Association who are present in person or by proxy and voting at a meeting of members duly held in accordance with the provisions of the By-Laws of the Association and this Declaration.

4.05 Special Assessments for Capital Improvements. In addition to the annual assessments authorized by this Article IV, the Association may levy, in any Assessment Year and with such frequency as the Association shall deem necessary, special assessments for the purpose of paying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement on the Common Property, provided that any such special assessments shall have been approved by a two-thirds (2/3) vote of each class of Members of the Association who are present in person or by proxy at a meeting of Members duly held in accordance with the provisions of the By-Laws of the Association and this Declaration.

Notwithstanding the foregoing, the Board shall have the authority to levy a special assessment in any Assessment year, without the approval of the Members of the Association, provided that such special assessment is for the sole purpose of repair or replacement of existing improvements on the Common Property, and provided that such special assessment is for the sole purpose of repair or replacement of existing improvements on the Common Property, and provided further that such special assessment does not exceed $50.00 in any Assessment Year.

4.06 Assessment Procedure

(a) The Board shall establish the annual assessment for each Assessment Year at an amount not in excess of the maximum annual assessment as determined by the provisions of this Article IV, and shall also establish the date during the Assessment Year on which the annual assessment shall be due and payable (such date is hereinafter referred to as the "Due Date"). The Board shall cause the Association to send to each Owner at least thirty (30) days in advance of the Due Date written notice setting forth the amount of the annual assessment and the Due Date. The annual assessment shall become due on the thirtieth (30th) day following such written notice or the Due Date, whichever is later. The Board may establish reasonable payment procedures to allow or require payment of the annual assessment in installments during the Assessment Year. The Board shall also establish payment procedures for payment of any special assessments for capital improvements which may be levied in accordance with the provisions of this Article IV.

(b) All members of the Association shall be given written notice by the Board not less than thirty (30) nor more than sixty (60) days in advance of any meeting of the Members of the Association at which the Board shall propose taking action pursuant to Section 4.04 (c) and Section 4.05 of this Article IV Such written notice shall specify under which Section or Sections the Board will propose action. At such meeting, the presence of Members or of proxies entitled to cast sixty per cent (60%) of the total votes outstanding in each class of Members shall constitute a quorum. If the required quorum is not present at such meeting, a second meeting may be called by the Board subject to the same notice requirement, and the required quorum at such second meeting shall be thirty percent (30%) of the total votes outstanding in each class of members. No such second meeting shall be held more than sixty (60) days following the first meeting.

4.07 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots.

4.08 Commencement Date for Annual Assessments. All Lots shall become subject to Annual Assessment as provided for in this Article IV on the date that any Common Property is conveyed to the Association, but not before such date. Such date is herein referred to as the "Commencement Date".

4.09 Effect of Nonpayment of Assessments. Any Assessment which is not paid on or before the Due Date shall bear interest after the Due Date at the rate of eight per cent (8%) per annum or at such rate as the Board may from time to time establish, provided, however, that in no event shall the Board have the power to establish a rate of interest in violation of the laws of the State of Georgia. In the event of default in the payment of any one or more installments of an assessment, the Board may declare any remaining balance of the assessment at once due and payable. In the event that an Owner shall fail to pay fully any portion of an assessment prior to the date on which payment is due, such unpaid portion (including any remaining balance declared immediately due and payable in accordance with preceding sentence), together with interest and costs of collection including reasonable attorney's fees, shall be a binding personal obligation of such Owner, as well as a lien on such Owner's Lot enforceable in accordance with the provisions of this Declaration.

4.10 Certificate of Payment. Upon written demand by an Owner, the Association shall within a reasonable period of time issue and furnish to such Owner a written certificate stating that all assessments (including penalties, interest and costs, if any) have been paid with respect to any Lot owned by said Owner as of the date of such certificate, or that all assessments, interest and costs have not been paid, setting forth the amount then due and payable. The Association may make a reasonable charge for the issuance of such certificate. Any such certificate, when duly issued as herein provided, shall be conclusive and binding with regard to any matter therein stated as between the Association and any bona fide purchases of, or lender on, the Lot in question.

ARTICLE V - ARCHITECTURAL CONTROL

5.01 Architectural Control Committee -Creation and Composition.

(a) An Architectural Control Committee (the  “ACC”) shall be established consisting of not less than three (3) or more than five (5) individuals, provided, however, that the ACC shall always have an uneven number of members. All members of the ACC shall be appointed by the Board and all costs of operating the ACC shall be borne by the Association.

(b) Each initial member of the ACC shall be appointed for a term expiring on December 31,1975. Thereafter each member of the ACC shall be appointed for a calendar-year term. If any vacancy shall occur in the membership of the ACC by reason of death, incapacity, resignation, removal or otherwise, the remaining members of the ACC shall continue to act and such vacancy shall be filled by the Board at the earliest possible time. Any ACC member may resign at any time by giving written notice of such resignation to the Chairman of the ACC and such resignation shall lake effect on receipt thereof by the Chairman. Any member of the ACC may be removed at any time with or without cause by the Board.

5.02 Purpose, Powers and Duties of the ACC. The purpose of the ACC is to assure that any installation, construction or alteration of any Structure on any Lot shall be submitted to the ACC for approval (i) as to whether the proposed installation, construction or alteration is in conformity and harmony of external design and general quality with the existing standards of the neighborhood and with the standards of the Chimney Springs Development, and (ii) as to the location of Structures with respect to topography, finished ground elevation and surrounding Structures. To the extent necessary to carry out such purpose, the ACC shall have all of the powers and duties to do each and every thing necessary, suitable, convenient or proper for, or in connection with, or incidental to, the accomplishment of such purpose, including, without being limited to, the power and duty to approve or disapprove plans and specifications for any installation, construction or alteration of any Structure on any Lot.

5.03 Officers, Subcommittees and Compensation. The members of the ACC shall appoint a Chairman from among their number and may appoint from among their number such other officers and subcommittees of members of the ACC as they shall from time to time determine necessary .The members of the ACC shall be reimbursed by the Association for traveling expenses and other out-of-pocket costs incurred in the performance of their duties as members of the ACC.

5.04 Operations of the ACC.

(a) Meetings. The ACC shall hold regular meetings at least once every three (3) months or more often as may be established by the ACC. Special meetings may be called by the Chairman and shall be called by the Chairman upon the written request of a majority of the members of the ACC then in office. Regular and special meetings of the ACC shall be held at such time and at such place as the ACC shall specify. Notice of each regular or special meeting of the ACC shall be mailed to each member thereof at his residence or at his usual place of business at least three (3) days before the day the meeting is to be held. Notice of regular and special meetings need not specify the purpose or purposes for which the meeting is called. Notice of a meeting need not be given to any member of the ACC who signs a waiver of notice either before or after the meeting. Attendance of a member of the ACC at a meeting shall constitute a waiver of notice of such meeting and shall constitute a waiver of any and all objections to the place of the meeting, the time of the meeting, or the manner in which it has been called or convened, except when the member states, at the beginning of the meeting, any such objection or objections to the transaction of business. At each meeting of the ACC, the presence of a majority of the members then in office shall constitute a quorum of the transaction of business. Except as otherwise provided herein, the act of a majority of the members of the ACC present at any regular or special meeting thereof at which a quorum is present shall constitute the act of the ACC. In the absence of a quorum, any member of the ACC present at the time and place of the meeting may adjourn the meeting from time to time until a quorum shall be present At any adjourned meeting at which a quorum is present, any business may be transacted which might have been transacted at the meeting as originally called. The ACC shall maintain both a record of votes and minutes for each of its meetings. The ACC shall make such records and minutes available at reasonable places and times for inspection by Members of the Association and by the Secretary .Any action required to be taken at a meeting of the ACC, or any action which may be taken at a meeting of the ACC, may be taken without a meeting if written consent, setting forth the action so taken, shall be signed by all the members of the ACC and be filed with the minutes of the proceedings of the ACC. Such consent shall have the same force and effect as a unanimous vote, and may be stated as such in any document filed by the ACC.

(b) Activities.

(i) The ACC shall adopt and promulgate the Design Standards described in Section 5.05 hereof and shall, as required, make findings, determinations, rulings, and orders with respect to the conformity with said Design Standards of plans and specifications to be submitted for approval to the ACC pursuant to the provisions of this Declaration. The ACC shall, as required, issue permits, authorizations or approvals, which may include specified requirements or conditions, pursuant to the provisions of this Declaration.

(ii) Any two (2) or more members of the ACC may be authorized by the ACC to exercise the full authority of the ACC with respect to all matters over which the ACC has authority as may be specified by resolution of the ACC, except with respect to the adoption or promulgation of the Design Standards. The unanimous action of the two (2) or more members with respect to the matters specified shall be final and binding upon the ACC and upon any applicant for an approval, permit or authorization, subject, however, to review and modification by the ACC on its own motion or appeal by the applicant to the ACC as provided in this paragraph (ii). Written notice of the decision of such two (2) or more members shall, within five (5) days thereof, be given to any applicant for an approval, permit or authorization. The applicant may, within ten (10) days after receipt of notice of any decision which he deems to be unsatisfactory, file a written request to have the matter in question reviewed by the ACC. Upon the filing of any such request, the matter with respect to which such request was filed shall be submitted to, and reviewed promptly by, the ACC, but in no event later than thirty (30) days after the filing of such request The decision of a majority of the members of the ACC with respect to such matter shall be final and binding.

5.05 Design Standards.

(a) The ACC shall from time to time adopt, promulgate, amend, revoke and enforce guidelines (the “Design Standards”) for the purposes of:

(i) governing the form and content of plans and specifications to be submitted to the ACC for approval pursuant to the provisions of this Declaration;

(ii) governing the procedure for such submission of plans and specifications;

(iii) establishing guidelines with respect to the approval and disapproval of design features, architectural styles, exterior colors and materials, details of construction, location and size of Structures and all other matters that require approval by the ACC pursuant to this Declaration; and

(iv) assuring the conformity and harmony of external design and general quality of Chimney Springs Development.

(b) The ACC shall make a published copy of its current Design Standards readily available to Members and prospective Members of the Association and to all applicants seeking the ACC's approval.

5.06   Submission of Plans and Specifications. No Structure shall be commenced, erected, placed, moved onto, or permitted to remain on any Lot, nor shall any existing Structure upon any Lot be altered in any way which changes the exterior appearance of the Structure or Lot, unless plans and specifications therefore shall have been submitted to and approved in writing by the ACC. Such plans and specifications shall be in such form and shall contain such information as may reasonably required by the ACC in the Design Standards, including, without being limited to:

(a) a site plan showing the location of all proposed and existing Structures on the Lot including building setbacks, open space, driveways, walkways and parking spaces including the number thereof;

(b) a foundation plan;

(c) a floor plan;

(d) exterior elevations of all proposed Structures and alterations to existing Structures, as such Structures will appear after all back-filling and landscaping are completed;

(e) specifications of materials, color scheme, lighting scheme and other details affecting the exterior appearance of all proposed Structures and alterations to existing Structures; and

(f) plans for landscaping and grading.

5.07   Approval of Plans and Specifications. Upon approval by the ACC of any plans and specifications submitted pursuant to this Declaration, a copy of such plans and specifications, as approved, shall be deposited for permanent record with the ACC and a copy of such plans and specifications bearing such approval, in writing, shall be returned to the applicant submitting the same. Approval for use in connection with any Lot or Structure of any plans and specifications shall not be deemed a waiver of the ACC's right, in its discretion, to disapprove similar plans and specifications or any of the features or elements included therein if such plans, specifications, features or elements are subsequently submitted for use in connection with any other Lot or Structure. Approval of any such plans and specifications relating to any Lot or Structure, however, shall be final as to that Lot or Structure and such approval may not be revoked or rescinded thereafter, provided that there has been adherence to, and compliance with, such plans and specifications, as approved, and any conditions attached to any such approval.

5.08  Disapproval of Plans and Specifications. The ACC shall have the right to disapprove any plans and specifications submitted pursuant to this Declaration because of any of the following:

(a) the failure to include information in such plans and specifications as may have been reasonably requested;

(b ) the failure of such plans or specifications to comply with this Declaration or the Design Standards;

(c) any other matter which, in the judgment of the ACC, would be likely to cause the proposed installation, construction or alteration of a Structure (i) to fail to be in conformity and harmony of external design and general quality with the standards for Chimney Springs Development as set forth in the Design Standards, or (ii) as to location to be incompatible with topography, finished ground elevation and surrounding Structures.

In any case in which the ACC shall disapprove any plans and specifications submitted hereunder, or shall approve the same only as modified or upon specified conditions, such disapproval or qualified approval shall be accompanied by a statement of the grounds upon which such action was based. In any such case the ACC shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable proposal may be prepared and submitted for approval.

5.09 Obligation to Act. The ACC shall take action on any plans and specifications submitted as herein provided within thirty (30) days after receipt thereof. Approval by the ACC, if granted, together with any conditions imposed by the ACC, shall be placed in writing on the plans and specifications and shall be returned to the applicant Failure by ACC to take action within thirty (30) days of receipt of plans and specifications submitted for approval shall be deemed approval of such plans and specifications.

5.10 Inspection Rights. Any employee or agent of the Association or the ACC may, after reasonable notice, at any reasonable time or times, enter upon any Lot and Structure thereon for the purpose of ascertaining whether the installation, construction, alteration or maintenance of any Structure or the use of any Lot or Structure is in compliance with the provisions of this Declaration; and neither the Association, nor the ACC, nor any such agent shall be deemed to have committed a trespass or other wrongful act solely by reason of such entry or inspection, provided such inspection is carried out in accordance with the terms of this Section.

5.11 Violations. If any Structure shall be erected, placed, maintained or altered upon any Lot, otherwise than in accordance with the plans and specifications approved by the ACC pursuant to the provisions of this Article, such erection, placement, maintenance or alteration shall be deemed to have been undertaken in violation of this Article and without the approval required herein. If in the opinion of the ACC such violation shall have occurred, the ACC shall notify the Association. If the Board shall agree with the determination of the ACC with respect to the violation, then the Board shall provide written notice to the Owner by certified mail, setting forth in reasonable detail the nature of the violation and the specific action or actions required to remedy the violation. If the Owner shall not have taken reasonable steps toward the required remedial action within thirty (30) days after the mailing of the aforesaid notice of violation, then the Association shall have the Right of Abatement as provided in Section 8.02 hereof.

5.12 Certification of Compliance.

(a) Upon completion of the installation, construction or alteration of any Structure in accordance with plans and specifications approved by the ACC, the ACC shall, upon written request of the Owner thereof or upon the ACC's own initiative, issue a Certificate of Compliance, identifying such Structure and the Lot upon which such Structure is placed, and stating that the plans and specifications have been approved and that such Structure complies with such plans and specifications. A copy of said Certificate shall be filed for permanent record with the plans and specifications on file with the ACC.

(b) Any Certificate of Compliance issued in accordance with the provisions of this Section shall be prima facie evidence of the facts therein stated; and as to any purchaser or encumbrancer in good faith and for value, or as to any title insurer, such certificate shall be conclusive evidence that all Structures on the Lot comply with all the requirements of this Article; provided, however, that the Certificate shall in no way be construed to certify the acceptability, sufficiency or approval by the ACC of the actual construction of Structures or of the workmanship, or to represent or warrant to anyone the quality, function, or operation of the Structures or of any construction, workmanship, engineering, materials or equipment.

5.13 Fees. The ACC may impose and collect a reasonable and appropriate fee to cover the cost of inspections performed pursuant to Section 5.10 The fee shall be established from time to time by the ACC and published in the Design Standards.

5.14 Nondiscrimination by ACC. The ACC shall not discriminate against any applicant requesting its approval of plans and specifications because of such applicant's race, color, sex, religion or national origin. Further, the ACC in the exercise of its powers granted pursuant to this Declaration shall not take any action the intent or effect of which is to discriminate against persons of a particular race, color, sex, religion or national origin.

ARTICLE VI - GENERAL COVENANTS AND RESTRICTIONS

6.01   Application. The covenants and restrictions contained in this Article VI shall pertain and apply to all Lots and to all Structures erected or place thereon.

6.02   Restriction of Use. Lots may be used for single-family residences only and for no other purpose.

6.03  Resubdivision of Property.  No Lot may be split, divided, or subdivided for sale, resale, gift, transfer, or otherwise, without the prior written approval of the ACC of plans and specifications for such split, division or subdivision.

6.04 Erosion Control. No activity which may create erosion or siltation problems shall be undertaken on any Lot without the prior written approval of the ACC of plans and specifications for the prevention and control of such erosion or siltation. The ACC may, as a condition of approval of such plans and specifications, require the use of certain means of preventing and controlling such erosion or siltation. Such means may include (by way of example and not of limitation) physical devices for controlling the run-off and drainage of water, special precautions in grading and otherwise changing the natural landscape and required landscaping as provided for in Section 6.05. Guidelines for the prevention and control of erosion and siltation may be included in the Design Standards of the ACC.

6.05   Landscaping. No construction or alteration of any Stuc:ture shall take place without the prior written approval by the ACC of plans and specifications for the landscaping to accompany such construction or alteration. Guidelines for the landscaping to accompany the construction or alteration of any Structure shall be included in the Development Guidelines of the ACC.

6.06 Trees. No tree having a diameter of six (6) inches or more (measured from a point two (2) feet above ground level) shall be removed from any Lot unless such removal is in conformity with approved landscaping plans and specifications submitted pursuant to the provisions of Section 6.05 hereof. Guidelines relating to the preservation of trees and other natural resources and wildlife upon the Property may be included in the Design Standards of the ACC.

6.07  Temporary Buildings. No temporary building, trailer, garage or building under construction shall be used, temporarily or permanently, as a residence on any Lot except as temporary sleeping or living quarters required or desirable for security purposes in accordance with plans and specifications therefor approved by the ACC. No contractor or builder shall erect on any Lot any temporary building or shed for use in connection with construction on such Lot.

6.08   Signs.

 (a) No signs whatsoever (including but not limited to commercial and similar signs) shall, without the ACC's prior written approval of plans and specifications therefore, be installed, altered or maintained on any Lot, or on any portion of a Structure visible from the exterior thereof, except

(i) such signs as may be required by legal proceedings;

(ii) not more than one "For Sale" or "For Rent" sign, such sign having a maximum face area of one square foot; provided, however, that if, at the time of any desired use of such sign, the Association is making “For Sale” or " Rent" signs available for the use of Owners, the signs made available by the Association must be used;

(iii) directional signs for vehicular or pedestrian safety in accordance with plans and specifications approved by the ACC.

(b ) In no event during approved construction of any Structure shall more than one job identification sign be approved by the ACC. Except as provided in the Design Standards no “Sold” sign shall at any time be installed or maintained on any Lot or on any portion of the Structure visible from the exterior thereof.

6.09 Setbacks. In approving plans and specification for any proposed Structure, the ACC may establish setback requirements for the location of such Structure. Guidelines for setbacks may be included in the Design Standards of the ACC. No Structure shall be erected or placed on any Lot unless its location is consistent with such setbacks.

6.10 Fences. No fence or wall of any kind shall be erected, maintained, or altered on any Lot without the prior written approval of the ACC of plans and specifications for such fences and walls. Guidelines relating to the design, location and uses of fences and walls may be included in the Design Standards of the ACC.

6.11 Roads and Driveways. No road or driveway shall be constructed or altered on any Lot without the prior written approval of the ACC of plans and specifications for such roads and driveways. Guidelines relating to the design and location of roads and driveways may be included in the Design Standards of the ACC.

6.12 Antennae. Radio and television antennae installed on the exterior of any Structure or on any Lot shall not be visible from the street abutting such Lot No antennae shall be installed or used for the purpose of transmitting electronic signals.

6.13 Clotheslines. No outside clothesline placed on any Lot shall be visible from any Common Property or from the street abutting such Lot.

6.14 Maintenance. Each Owner shall keep and maintain each Lot and Structure owned by him as well as all landscaping located thereon, in good condition and repair, including, but not limited to:

(i) the repairing and painting (or other appropriate external care) of all Structures;

(ii) the seeding, watering and mowing of all lawns; and

(iii) the pruning and trimming of all trees, hedges and shrubbery so that the same are not obstructive of a view by motorists or pedestrians of street traffic.

If in the opinion of the ACC, any Owner shall fail to perform the duties imposed by this Section, the ACC shall notify the Association. If the Board shall agree with the determination of the ACC with respect to the failure of said Owner to perform the duties imposed by this Section, then the Board shall give written notice to the Owner to remedy the condition in question, setting forth in reasonable detail the nature of the condition and the specific action or actions needed to be taken to remedy such condition. If the Owner shall fail to take reasonable steps to remedy the condition within thirty (30) days after the mailing of said written notice by certified mail, then the Association shall have the Right of Abatement as provided in Section 8.02 hereof. Guidelines relating to the maintenance of Structures and landscaping may be included in the Design Standards of the ACC.

6.15 Recreational Vehicles and Trailers. The ACC, in reviewing the plans and specification for any proposed Structure, may require that special parking areas be made available for recreational vehicles. No trailer, trailer house, boat, or recreational vehicle shall be parked on any Lot, except on such parking areas as specified by the ACC pursuant to this Section 6.15 or within enclosures or behind screening erected in accordance with plans and specifications submitted to and approved by the ACC as required by Section 5.06 of this Declaration. Guidelines relating to screening may be included in the Design Standards of the ACC. While nothing contained herein shall prohibit the use of portable or temporary buildings or trailers as field offices by contractors during actual construction, the use, appearance and maintenance of such a building or trailer must be specifically approved by the ACC prior to its being moved onto the construction site.

6.16 Recreational Equipment. Recreational and playground equipment shall be placed or installed only upon the rear of a Lot, except that basketball goals, backboards and poles may be placed or installed other than at the rear of a Lot, provided they are painted and maintained in accordance with the Design Standards.

6.17 Non-Discrimination. No Owner or person authorized to act for an Owner shall refuse to sell or rent, after receiving a bona fide offer, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny the purchase or rental of any Lot to any persons because of race, color, religion, sex or national origin. Anything in this Declaration to the contrary notwithstanding, this covenant shall run with the land and shall remain in effect without any limitation in time.

6.18 Waterfront Land.

(a) On Lots adjacent to lakes, ponds, rivers, streams, creeks or other water bodies or courses:

(i) no boat canal shall be dug or excavated therein, except with the prior written approval of the ACC of plans and specification for said digging or excavation;

(ii) no bulkheading, barge, docks, piling, float or other marine Structure shall be erected adjacent thereto or thereupon, without the prior written approval of the ACC of plans and specification for such Structure; and

(iii) no refuse of any kind shall be placed on or disposed of therefrom into the adjacent waters.

(b) On lakes, ponds, rivers, streams, creeks or other water bodies or courses comprising any part of the Property,

(i) no boat shall be moored so as to obstruct navigation;

(ii) no power boat shall be used except a boat  powered by an electric motor with a power rating not to exceed 3.5 horsepower; and

(iii) no boat of a length greater than fifteen (15) feet, except canoes, shall be launched or used.

6.19    Animals. No animals, including birds, insects, and reptiles, may be kept on any Lot unless kept thereon solely as household pets and not for commercial purposes. No animal shall be allowed to become a nuisance. No Structure for the care, housing or confinement of any animal shall be constructed, placed or altered on any Lot unless plans and specifications for said Structure have been approved by the ACC.

6.20 Solid Waste.

(a) No person shall dump rubbish, garbage, or any other form of solid waste on any Lot or on Common Property.

(b) Except during approved construction, no person shall burn rubbish, garbage, or any other form of solid waste on any Lot or on Common Property.

(c) Except for building materials employed during the course of construction of any Structure approved by the ACC, no lumber, metals, bulk materials or solid waste of any kind shall be kept, stored, or allowed to accumulate on any Lot unless screened or otherwise handled in a manner set forth in the Design Standards.

(d) If rubbish, garbage or any other form of solid waste is to be disposed of by being collected on a regular and recurring basis, containers may placed in the open on any day that a pick-up is to be made, in order to provide access to persons making such pick-up. At all other times such containers shall be installed underground or screened or enclosed in a manner set forth in the Design Standards. Guidelines relating to the type of containers permitted, the manner of storage and the place of pick-up may also be included in the Design Standards.

ARTICLE VII - EASEMENTS, ZONING AND OTHER RESTRICTIONS

7.01 Easements.

(a) Declarant hereby expressly reserves to the Declarant, its successors and assigns forever, the right to create perpetual easements in, on, over and under any part of the Property owned by Declarant for any purpose which Declarant deems necessary, including, by way of example, and not limitation, the following:

(i) the erection, installation, construction and maintenance of wires, lines, conduits and poles and the necessary or proper attachments in connection with the transmission of electricity, telephone, cable television cables and other utilities and similar facilities;

(ii) the erection, installation, construction and maintenance of storm-water drains, land drains, public and private sewers, pipelines for supplying gas, water and heat, and for any other public or quasi-public facility, service or function;

(iii) slope control purposes, including the right to grade and plant slopes and prevent the doing of any activity which might interfere with slopes or which might create erosion or sliding problems or which might change, obstruct or retard drainage flow; and

(iv) the planting or re-planting of hedges, shrubbery , bushes, trees, flowers and plants of any nature.

(b) No Owner shall have any right to use any easement created by the Declarant in on, or over any portion of the Property unless such easement has been assigned by the Declarant to the Association.

7.02 Easement Area. The words "Easement Area" as used herein shall mean those areas on any Lot with respect to which easements are shown on a recorded deed or on any filed or recorded map or plat relating thereto.

7.03 Entry. The Declarant and its employees, agents, successors and assigns, shall have the right to all reasonable times to enter upon all parts of each Easement Area for any of the purposes for which such Easement Area is reserved, without being deemed to have committed a trespass or wrongful act solely by reason of such entry and the carrying out of such purposes, provided the same are done in accordance with the provisions of this Section. The Declarant and its employees, agents, successors and assigns shall be responsible for leaving each Lot in good condition and repair following any work or activity undertaken in an Easement Area pursuant to the provisions of Section 7.01.

7.04 Zoning and Private Restrictions. None of the covenants, restrictions or easements created or imposed by this Declaration shall be construed as permitting any action prohibited by applicable zoning laws, or by the laws, rules or regulations of any governmental body. In the event of any conflict between such laws, rules or regulation and the covenants, restrictions and easements created or imposed by Declaration, the most restrictive provision shall govern and control.

ARTICLE VIII - ENFORCEMENT

8.01 Right of Enforcement. This Declaration and the Restrictions contained herein shall inure to the benefit of and shall be enforceable by

(i) the Declarant so long as it is an Owner,

 (ii) the Association and

(iii) each Owner, his legal representatives, heirs, successors and assigns.

8.02 Right of Abatement.

 (a) Except where different notice provisions are provided in Sections 5.11 and 6.14, in the event of a violation or breach of any Restriction contained in this Declaration the Association shall give written notice by certified mail to the Owner setting forth in reasonable detailed the nature of such violation or breach and the specific action or actions needed to be taken to remedy such violation or breach. If the Owner shall fail to take reasonable steps to remedy such violation or breach within thirty (30) days after the mailing of said written notice, then the Association shall have the Right of Abatement.

(b) The Right of Abatement, as used in this Section and in Sections 5.11 and 6.14 hereof, means the right of the Association, through its agents and employees, to enter at all reasonable times upon any Lot or Structure, as to which a violation, breach or other condition to be remedied exists, and to take the actions specified in the notice to the Owner to abate, extinguish, remove or repair such violation, breach or other condition which may exist thereon contrary to the provision hereof, without being deemed to have committed a trespass or wrongful act solely by reason of such entry and such actions, provided such entry and such actions are carried out in accordance with the provisions of this Section, and with the cost thereof including the costs of collection including reasonable attorneys' fees, together with interest thereon at eight percent (8%) per annum, to be a binding personal obligation of such Owner enforceable in law, as well as a lien on such Owner's Lot enforceable pursuant to the provisions of Section 8.04 hereof. Such lien shall be superior to any and all charges, liens or encumbrances which may in any manner arise or be imposed upon the Lot after such entry whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage, deed to secure debt or other instrument. excepting only (i) such liens for taxes or other public charges as are by applicable law made superior, (ii) the liens created by Section 4.01 hereof and (iii) all purchase money mortgages and purchase money deeds to secure debt. For purposes of this paragraph, the term "purchase money mortgage or purchase money deed to secure debt" means a mortgage or deed to secure debt given to secure a loan, the proceeds of which are used to purchase a Lot or Lots or to finance the construction, repair or alteration of a Structure.

8.03 Specific Performance. Nothing contained in this Declaration shall be deemed to affect or limit the rights of the Declarant, the Association or any Owner to enforce the Restrictions by appropriate judicial proceedings or to recover damages. However, it is hereby declared that it may be impossible to measure accurately in money the damages which will accrue to a beneficiary hereof, its transferees, successors or assigns, by reason of a violation of, or failure to perform any of the obligations provided by, this Declaration; and, therefore, any beneficiary hereof shall be entitled to relief by way of injunction or specific performance, as well as any other relief available at law or in equity, to enforce the provisions hereof.

8.04 Collection of Assessments and Enforcement of Lien.

(a) If any assessment, interest, cost or other charge is not paid as required by this Declaration, the Association may bring either an action at law against the Owner personally obligated to pay the same, or an action to foreclose any lien created by this Declaration against the Lot or Lots subject to the lien, or both, for the purpose of collecting such assessment, cost or charge, plus any interest thereon and costs of collection, including reasonable attorneys' fees.

(b) As an additional remedy, but in no way as a limitation on the remedies, if any assessment, interest, cost or other charge is not paid as required by this Declaration, each Owner hereby grants to the Association and its assigns the following irrevocable power of attorney: To sell the said Lot or Lots subject to the lien at auction, at the usual place for conducting sales at the Court House in Cobb County, Georgia, to the highest bidder for case, after advertising the time, terms and place of such sale once a week for four weeks immediately preceding such sale (but without regard to the number of days) in the paper in which the Sheriff's advertisements for Cobb County, Georgia an published, all other notice being hereby waived by each owner, and the Association or any person on behalf of the Association or assigns may bid and purchase at such sale and thereupon execute and deliver to the purchaser or purchasers at such sale a conveyance of said property in fee simple, which conveyance shall contain recitals as to the happenings of the default upon which the execution of the power of sale herein granted depends, and each Owner hereby constitutes and appoints the Association and assigns, the agent and attorney in fact of each Owner to make such recitals, and hereby covenants and agrees that the recitals so to be made by the Association, or assigns, shall be binding and conclusive upon the Owner whose property is the subject matter of such sale, and the heirs, executors, administrators and assigns of such Owner, and that the conveyance to be made by the Association or assigns, shall be effectual to bar all equity of redemption of such Owner, or the successors in interest of such Owner, in and to said Lot or Lots, and the Association or assigns shall collect the proceeds of such sale, and after reserving therefrom the entire amount of assessment, interest, cost or other charge due, together with all costs and expenses of sale and fifteen per centum of the aggregate amount due for attorneys' fees, shall pay any excess to such Owner, or to the heirs or assigns of such Owners provided by law. The power and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise and are granted as cumulative to the remedies for collection of said indebtedness provided by law.

(c) WAIVER. EACH OWNER, BY ACCEPTANCE OF A DEED CONVEYING A LOT SUBJECT TO THIS DECLARATION, WAIVES ANY RIGHT WHICH OWNER MAY HAVE UNDER THE CONSTITUTION OR THE LAWS OF THE STATE OF GEORGIA OR THE CONSTITUTION OR THE LAWS OF THE UNITED STATES OF AMERICA TO NOTICE OR TO A JUDICIAL HEARING PRIOR TO THE EXERCISE OF ANY RIGHT OR REMEDY PROVIDED BY THIS DECLARATION AND OWNER WAIVES OWNER'S RIGHTS, IF ANY, TO SET ASIDE OR INVALIDATE ANY SALE DULY CONSUMMATED IN ACCORDANCE WITH THE PROVISIONS OF THIS DECLARATION ON THE GROUND (IF SUCH BE THE CASE) THAT THE SALE WAS CONSUMATED WITHOUT A PRIOR JUDICIAL HEARING. ALL WAIVERS BY O\VNER IN THIS PARAGRAPH HAVE BEEN MADE VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY, AFTER OWNER HAS FIRST BEEN ALLOWED THE OPPORTUNITY TO CONSULT LEGAL COUNSEL WITH RESPECT TO OWNER'S POSSIBLE RIGHTS.

8.05 No Waiver. The failure of the Declarant, the Association, or the Owner of any Lot, his or its respective legal representatives, heirs, successors and assigns, to enforce any Restrictions herein contained shall in no event be considered a waiver of the right to do so thereafter, as to the same violation or breach or as to any violation or breach occurring prior or subsequent thereto.

ARTICLE IX - DURATION AND AMENDMENT

9.01 Duration. This Declaration and the Restriction contained herein shall run with and bind the Property for a period of twenty (20) years from and after the date when this Declaration is filed for record with the Clerk of the Superior Court of Cobb County, Georgia, after which time this Declaration and the Restrictions shall be automatically renewed for successive periods of ten (10) years provided, however, that after the end of the said twenty (20) year period and during any (10) year renewal period (but only during such renewal period), this Declaration and the Restrictions contained herein may be terminated by an instrument executed by the proper Association officers and recorded in the Office of the Clerk of the Superior Court of Cobb County, Georgia, or in such other place of recording as may be appropriate at the time of the execution of such instrument, pursuant to a resolution approving such termination which is approved by a two thirds (2/3) vote of those Class A Members of the Association who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the provision of the By-Laws of the Association.

9.02 Amendment. This Declaration and the Restrictions contained therein may not be amended in any respect except by an amendment executed by the proper Association officers and recorded in the office of the Clerk of the Superior Court of Cobb County, Georgia, or in such other place of recording as may be appropriate at the time of the execution of such instrument, pursuant to a resolution approving such amendment which is approved by a two-thirds (2/3) majority vote of those Class A Members of the Association who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the provisions of the By-Laws of the Association, provided, however, that so long as there is a Class B Member, this Declaration and the Restrictions may not be amended without the approval of the Class B Member.

ARTICLE X -  ANNEXATION

Additional real property may be annexed to the Property by the Declarant without of the consent of the Class A Members at any time for a period of ten (10) years following the date on which this Declaration is filed in the Office of the Clerk of the Superior Court of Cobb County. Such annexation shall be accomplished by filing in the Office of the Clerk of the Superior Court of Cobb County an approved subdivision plat describing the real property to be annexed to the Property and by Including on such subdivision plat a statement that expressly sets forth the Declarant’s intention to make such annexed real property subject to the provisions of this Declaration. At the expiration of ten (10) years following the date of filing of this Declaration, no real property may be annexed to the Property unless such annexation is approved by a two-thirds (2/3) vote of the Class A Members of the Association who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the provisions of the By-Laws of the Association.

ARTICLE XI - MISCELLANEOUS

11.01 No Reverter. No restriction herein is intended to be, or shall be construed as, a condition subsequent or as creating a possibility of reverter.

11.02 Severability. A determination by a court that any provision hereof is invalid for any reason shall not affect the validity of any other provision thereof.

11.03 Headings. The headings of the Articles and Sections hereof are for convenience only and shall not affect the meaning or interpretation of the contents of this Declaration.

11.04 Gender. Throughout this Declaration, the masculine gender shall be deemed to include the feminine and neuter, and the singular, the plural, and vice versa.

11.05 Notices. All amendments, notices, requests, objections, waivers, rejections, agreements, approvals, disclosures or consents of any kind made pursuant to this Declaration, whether made by the Declarant, the Association, the ACC, the Owner, or any other person, shall be in writing. All such writings shall be sufficient only if deposited in the United States Mail, with sufficient postage, by registered or certified mail, return receipt requested, and sent to the following addresses:

(a) Declarant:

Arvida of Georgia, Inc.
c/o Jones, Bird & Howell
75 Poplar Street
Haas-Howell Building
Atlanta, Georgia 30303

(b) Owners: Each Owner's address as registered with the Association in accordance with the By-Laws.

Any written communication transmitted in accordance with this Section 11.05 shall be deemed received on the third (3rd) day following the day such written notice is deposited in the United States Mail.

 11.06 No Liability. Declarant has, using best efforts and all due diligence, prepared and recorded this Declaration so that each and every Owner shall have the right and the power to enforce the terms and provisions of this Declaration against every other Owner. However, in the event that this Declaration is, for any reason whatsoever, unenforceable by an Owner (or any other person) in a court of law or otherwise, Declarant shall have no liability of any kind as a result of such unenforceability, and each and every owner, by acceptance of a deed conveying a Lot, acknowledges that Declarant shall have no such liability.

IN WITNESS WHEREOF, the Declarant has caused this Declaration to be duly executed and sealed the day and year first above written.

ARVIDA OF GEORGIA, INC.
a Georgia corporation

The Association, by the execution hereof, acknowledges and agrees that the Association is hereby bound by all of the Association's obligations under this Declaration of Covenants, Restrictions and Easements.

IN WITNESS WHEREOF, the Association, acting through its duly authorized officers, has caused this Declaration to be executed and sealed this 24th day of January, 1975.

CHIMNEY SPRING  HOME- OWNERS' ASSOCIATION, INC.

STATE OF GEORGIA
COUNTY OF COBB
Recorded October 13, 1975
Deed Book 1637, Page 313

FIRST MODIFICATION

OF DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS

THIS FIRST MODIFICATION OF DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS, made and entered into this 7th day of October, 1975 by and among ARVIDA OF GEORGIA. INC (hereinafter referred to as "Declarant"), ATLANTA FEDERAL SAVINGS & LOAN ASSOCIATION (hereinafter referred to as "Atlanta Federal"), TRUST COMPANY BANK (hereinafter referred to as "Trust Company"), TUMO CONSTRUCTION, INC. (hereinafter referred as "Tumo"), CHRISTOPHER DAVID ASSOCIATES, INC. (hereinafter referred to as "Christopher"), W. RICHARD MATHERLY (hereinafter referred to as "Matherly"), CENTEX CONSTRUCTION CORP. (hereinafter referred to as "Centex"), TREND ENTERPRISES, INC. (hereinafter referred to as "Trend"),   DAVID H. QUAVE (hereinafter referred to as "Quave"), RALPH CORDARO (hereinafter referred to as "Cordaro") and CITIZENS AND SOUTHERN MORTGAGE COMPANY (hereinafter referred to as "C & S").

WITNESSETH:

WHEREAS, by virtue of that certain Declaration of Covenants, Restriction and Easements (hereinafter referred to as the "Declaration"), dated January 23,1975, recorded in Deed Book 1582, Page 353, Cobb County, Georgia Records, and by virtue of (a) that certain Plat of Survey by Lowe Engineers for Declarant, entitled "Chimney Springs -Unit I", dated December 11, 1974, recorded in Plat Book 63, Page 53, Cobb County, Georgia Records, and re-recorded in Plat Book 63, Page 84 and in Plat Book 63, Page 140, Cobb County, Georgia Records, and (b) that certain Plat of Survey by Murray McCormick Environmental Group, entitled "Final Plat, Chimney Springs, Unit No.2 -A ", dated February 28, 1975, recorded in Plat Book 63, Page 91, Cobb County, Georgia Records (all of which Plats of Survey are hereinafter collectively referred to as the "Plat"), Declarant has subjected the real property depicted on the Plat to certain covenants, restrictions and easements (said real property being hereinafter referred to as the "Restricted Property");

WHEREAS, the following parties have an interest in all or a part of the Restricted Property:

(1) Declarant, by virtue of (a) the Declaration, (b) Purchase Money Deed to Secure Debt and Security Agreement from Tumo to Declarant dated March 31, 1975, recorded in Deed Book 1592, Page 68, Cobb County, Georgia Records, (c) Purchase Money Deed to Secure Debt and Security Agreement from Tumo to Declarant dated March 31, 1975, recorded in Deed Book 1592, Page 79, Cobb County, Georgia Records, (d) Purchase Money Deed to Secure Debt and Security Agreement from Tumo to Declarant, dated March 31, 1975, recorded in Deed Book 1592, Page 90, Cobb County, Georgia Records, (e) Purchase Money Deed to Secure Debt and Security Agreement from Christopher to Declarant, dated Apri121, 1975, recorded in Deed Book 1612, Page 230, Cobb County, Georgia Records, (f) Purhase Money Deed to Secure Debt and Security Agreement from Christopher to Declarant, dated April 21 , 1975, recorded in Deed Book 1612, Page 295, Cobb County, Georgia Records, (g) Purchase Money Deed to Secure Debt and Security Agreement from Matherly to Declarant, dated May 13, 1975, recorded in Deed Book 1601, Page 693, Cobb County, Georgia Records, (h) Purhase Money Deed to Secure Debt and Security Agreement from Matherly to Declarant, dated May 13, 1975, recorded in Deed Book 1601, Page 704, Cobb County, Georgia Records, (i) Purchase Money Deed to Secure Debt and Security Agreement from Matherly to Declarant, dated May 13, 1975, recorded in Deed Book 160 1, Page 715, Cobb County, Georgia Records, (j) Purchase Money Deed to Secure Debt and Security Agreement from Centex to Declarant, dated May 23, 1975, recorded in Deed Book 1604, Page 346, Cobb County .Georgia Records, (k) Purchase Money Deed to Secure Debt and Security Agreement from Centex to Declarant, dated May 23, 1975, recorded in Deed Book 1604, Page 364, Cobb County, Georgia Records, (I) Purchase Money Deed to Secure Debt and Security Agreement from Trend to Declarant, dated June 30, 1975, recorded in Deed Book 1614, Page 215, Cobb County, Georgia Records, (m) Purchase Money Deed to Secure Debt and Security Agreement from Trend to Declarant, dated June 30,1975, recorded in Deed Book 1614, Page 228, Cobb County, Georgia Records, (n) Purchase Money Deed to Secure Debt and Security Agreement from Trend to Declarant dated June 30, 1975, recorded in Deed Book 1614, Page 241, Cobb County, Georgia Records;

(2) Tumo, by virtue of Warranty Deed from Declarant to Tumo dated March 31, 1975, recorded in Deed Book 1592, Page 67, Cobb County, Georgia Records;

(3) Christopher, by virtue of (a) Warranty Deed from Declarant to Christopher dated Apri121, 1975, recorded in Deed Book 1598, Page 571, Cobb County, Georgia Records and (b) Warranty Deed from Declarant to Christopher dated Apri1 21, 1975, recorded in Deed Book 1598, Page 573, Cobb County, Georgia Records;

(4) Matherly , by virtue of Warranty Deed from Declarant to Matherly dated May 13, 1975, recorded in Deed Book 1601, page 692, Cobb County, Georgia Records;

(5) Centex, by virtue of Warranty Deed from Declarant to Centex dated May 23, 1975, recorded in Deed Book 1604, Page 345, Cobb County, Georgia Records;

(6) Trend, by virtue of Warranty Deed from Declarant to Trend dated June 30, 1975, recorded in Deed Book 1614, page 5, Cobb County, Georgia Records;

(7) Atlanta Federal, by virtue of (a) Security Deed from Tumo to Atlanta Federal dated March 31, 1975, recorded in Deed Book 1592, Page 112, Cobb County, Georgia Records, and Subordination Agreement between Atlanta Federal and Declarant dated March 31, 1975, recorded in Deed Book 1592, Page 124, Cobb County, Georgia Records, (b) Security Deed from Tumo to Atlanta Federal dated March 31, 1975, recorded in Deed Book 1592, page 115, Cobb County, Georgia Records, and Subordination Agreement between Atlanta Federal and Declarant dated March 31, 1975, recorded in Deed Book 1592, Page 128, Cobb County, Georgia Records, (c) Security Deed from Tumo to Atlanta Federal dated March 31, 1975, recorded in Deed Book 1592, Page 118, Cobb County, Georgia Records, and Subordination Agreement dated March 31, 1975, recorded in Deed Book 1592, Page 132, Cobb County, Georgia Records, (d) Security Deed from Matherly to Atlanta Federal dated May 13, 1975, recorded in Deed Book 1601, Page 726, Cobb County, Georgia Records, and Subordination Agreement dated May 13, 1975, recorded in Deed Book 1601, Page 735, Cobb County, Georgia Records, (e) Security Deed from Matherly to Atlanta Federal dated May 13, 1975, recorded in Deed Book 1601, Page 729, Cobb County, Georgia Records, and Subordination Agreement date May 13, 1975, recorded in Deed Book 1601, Page 739, Cobb County, Georgia Records, (f) Security Deed from Matherly to Atlanta Federal dated May 13, 1975, recorded in Deed Book 1601, Page 732, Cobb County, Georgia Records, and Subordination Agreement dated May 13, 1975, recorded in Deed Book 1601, Page 743, Cobb County, Georgia Records, (g) Security Deed from Centex to Atlanta Federal dated May 23, 1975, recorded in Deed Book 1604, Page 357, Cobb County, Georgia Records, and Subordination Agreement dated May 23, 1975, recorded in Deed Book 1604, Page 360, Cobb County, Georgia Records, (h) Security Deed from Centex to Atlanta Federal dated May 23, 1975, recorded in Deed Book 1604, Page 375, Cobb County, Georgia Records, and Subordination Agreement dated May 23, 1975, recorded in Deed Book 1604, Page 378, Cobb County, Georgia Records, (i) Security Deed from Trend to Atlanta Federal dated May 23, 1975, recorded in Deed Book 1614, Page 221, Cobb County, Georgia Records, and Subordination Agreement dated May 23, 1975, recorded in Deed Book 1614, Page 224, Cobb County, Georgia Records, (j) Security Deed Trend to Atlanta Federal dated May 23, 1975, recorded in Deed Book 1614, Page 234, Cobb County, Georgia Records, and Subordination Agreement dated May 23, 1975, recorded in Deed Book 1714, Page 237, Cobb County, Georgia Records, (k) Security Deed from Trend to Atlanta Federal dated May 23, 1975, recorded in Deed Book 1614, Page 247, Cobb County, Georgia Records, and Subordination Agreement dated May 23, 1975, recorded in Deed Book 1614, Page 250, Cobb County, Georgia Records, and (l) Security Deed from Quave dated August 5, 1975, recorded in Deed Book 1621, page 671, Cobb County, Georgia records;

(8) Trust Company, by virtue of (a) Security Deed from Christopher to Trust Company dated Apri121, 1975, recorded in Deed Book 1598, Page 577, Cobb County, Georgia Records, and Subordination Agreement between Trust Company and Declarant dated April 21 ,1975, recorded in Deed Book 1612, Page 291, Cobb County , Georgia Records and (b) Security Deed from Christopher to Trust Company dated Apri121, 1975, recorded in Deed Book 1598, Page 580, Cobb County, Georgia Records, and Subordination Agreement between Trust Company and Declarant dated April 21, 1975, recorded in Deed Book 1612, page 206, Cobb County, Georgia Records;

(9) Quave, by virtue of Warranty Deed from Christopher dated August 5, 1975, recorded in Deed Book 1621, Page 667, Cobb County, Georgia Records;

(10) Cordaro, by virtue of Warranty Deed from Tumo dated August 4, 1975, recorded in Deed Book 1623, Page 309, Cobb County, Georgia Records;

(11) C & S, by virtue of Deed to Secure Debt from Cordaro dated August 4, 1975, recorded in Deed Book 1623, Page 310, Cobb County, Georgia Records;

WHEREAS, Declarant now desires to modify the Declaration; and

WHEREAS, at Declarant's request, Atlanta Federal, Trust Company, Tumo, Christopher, Matherly, Centex, Trend, Quave, Cordaro and C & S are willing to consent to such modification and subordinate their interest in the Restricted Property so that such modification of the Declaration shall be prior and superior to their interest in the Restricted Property;

NOW, THEREFORE, in consideration of TEN AND NO/100 dollars ( 10.00) in hand paid by Declarant to each of the other parties hereto, and in consideration of the mutual benefits flowing to each of the parties hereto and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged by each and every of the parties hereto, said parties do hereby agree as follows:

(1) The Declaration is hereby modified by deleting in its entirety the following which appears in the eighth (8th) through the twelfth (12th) lines of Paragraph 4.01 (d) of Article IV of the Declaration:

"all purchase money mortgages and purchase money deeds to secure debt. For purposes of this paragraph, the term <Purchase money mortgage or Purchase money deed to secure debt> means a mortgage or deed to secure debt given to secure a loan the proceeds of which are used to purchase a lot or lots or to finance the construction, repair or alteration of Structures", and by simultaneously substituting in lieu thereof the following:

"all deeds to secure debt given to secure a loan the proceeds of which are used (1) to purchase a lot or lots (together with any and all Structures which may from time to time by placed or located thereon) and (2) to finance the construction, repair or alteration of Structures".

(2) The Declaration is hereby further modified by deleting the following which appears in the twentieth (2Oth) through the twenty-fifth (25th) lines of Paragraph 8.02 (b ) of Article VIII of the Declaration:

"all purchase money mortgages and purchase money deeds to secure debt. For purposes of this paragraph, the term 'purchase money mortgage or purchase money deed to secure debt' means a mortgage or deed to secure debt given to secure a loan the proceeds of which are used to purchase a lot or lots or to finance the construction, repair or alteration of a Structure". 

and by simultaneously substituting in lieu thereof the following:

"all deeds to secure debt given to secure a loan the proceeds of which are used (1) to purchase a lot or lots (together with any and all Structures which may from time to time be placed or located thereon) and (2) to finance the construction, repair or alteration of Structures".

(3) Declarant, Atlanta Federal, Trust Company, Tumo, Christopher, Matherly, Centex, Trend, Quave, Cordaro and C & S hereby consent to the modification of the Declaration set forth hereinabove and subordinate all of their right, title, interest and lien in and to the Restricted Property so that the Declaration, as modified hereby, shall subject to all the terms and conditions of the Declaration as modified hereby, be prior and superior to all such right, title, interest and lien.

(4) Except as modified hereby, the Declaration shall be and remain unchanged and in full force and effect. As modified hereby, the Declaration is hereby ratified and confirmed.                                                                                                                

(5) The execution of this Agreement by Atlanta Federal, Declarant, Trust Company and C & S shall not release, nor shall it be deemed or construed to release, any security interest held by Atlanta Federal, Declarant, Trust Company and C & S in the Restricted Property.

(6) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, legal representatives, successors and assigns.

IN WITNESS WHEREOF, Matherly, Ouave and Cordaro have hereunto set their hands and seals, and Declarqnt, Atlanta Federal, Trust Company, Tumo, Christopher, Centex, Trend and

C & S, acting through their duly authorized officers, have executed and sealed this Agreement, all as of the day and year first above written.

STATE OF GEORGIA
COUNTY OF COBB
Recorded October 11, 1982
Deed Book 2604, Page 3

SECOND MODIFICATION

OF DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS

THIS SECOND MODIFICATION OF DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS, made and entered into this the 27th day of September, 1982, by and among ARVIDA OF GEORGIA, INC. (hereinafter referred to as "Dec1arant"), and CHIMNEY SPRINGS HOMEOWNERS' ASSOCIATION, INC. (Hereinafter referred to as the "Association").

WITNESSETH:

WHEREAS, by virtue of that certain Declaration of Covenants, Restrictions and Easements dated January 23, 1975, recorded in Deed Book 1582, Page 353, Clerk of Superior Court Records, Cobb County, Georgia, as amended by that certain First Modification of Dec1aration of Covenants, Restrictions and Easements dated October 7, 1975, recorded in Deed Book 1637, Page 313, aforesaid Records (hereinafter referred to as "Declaration"), Declarant has subjected the real property described in the Declaration to the covenants, restrictions and easements contained in the Declaration; and

WHEREAS, the parties hereto wish to modify the Declaration; and WHEREAS, under the provisions of Article IX, Paragraph 9.02 of the Declaration, the Declaration may be amended by an amendment executed by the proper officers of the Association, pursuant to a resolution approving such amendment, approved by two thirds majority of the Class A members of the Association who were present in person or by proxy voting at a meeting of the Association held in accordance with the provisions of the By-laws of the Association, provided that such amendment is approved by a Class B member of the Association; and

WHEREAS, at the meeting duly called in accordance with provisions of the By-laws held on the twenty second (22nd) day of July, 1982, the amendments to the Dec1aration set forth below were approved by a two thirds majority vote of the Class A members of the Association present in person or by proxy and voting at the meeting, and by the Class B member, Arvida of Georgia, Inc.;

NOW, THEREFORE, for and in consideration of the mutual benefits flowing among the parties thereto, and other good and valuable consideration, the Declaration is hereby amended as follows:

(1) Paragraph 6.16 Recreational Equipment is hereby deleted in its entirety and the following is substituted in lieu thereof;

6.16 Recreational Equipment Recreational and playground equipment shall be placed or installed only upon the rear of a Lot, except that basketball goals, backboards and poles may be placed or installed other than at the rear of a Lot, provided they are painted and maintained in accordance with the Design Standards.

IN WITNESS WHEREOF, the parties hereto have, acting through their duly authorized officers, executed and sealed this Agreement, all on the day and year first above written.

STATE OF GEORGIA
COUNTY OF COBB
Recorded May 19, 1987
Deed Book 4727, Page 282

THIRD AMENDMENT

OF DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS

THIS AMENDMENT TO DECLARATION OF COVENANTS, RESTRICTONS AND EASEMENTS is made this 19th day of May, 1987, by CHIMNEY SPRINGS HOMEOWNERS' ASSOCIATION, INC. (THE ASSOCIATION").

WITNESSETH:

WHEREAS, Arvida of Georgia, Inc. ("Declarant") and the

Association executed that certain Declaration of Covenants, Restrictions and Easements, dated January 23, 1975, recorded at Deed Book 1582, Page 353, Cobb County, Georgia Records (the "Declaration"); and

WHEREAS, the Association desires to amend the Declaration as hereinafter set forth; and

WHEREAS, pursuant to Section 9.02 of the Declaration, two-thirds of the Class A Members of the Association, present in person or by proxy at a meeting duly held in accordance with the provisions of the By-Laws of the Association have approved the amendments to the Declaration as hereinafter set forth; and

WHEREAS, pursuant to Section 3.03, there is no longer a Class B Member in the Association.

NOW, THEREFORE, in consideration of the sum of TEN Dollars ($10.00) and other valuable consideration the receipt and sufficiency of which is hereby expressly acknowledged, the Declaration is hereby amended as follows:

(1) Section 4.04 (b) is hereby amended as of May 19, 1987 such that commencing with Assessment Year 1988, the maximum annual assessment may be increased at any time and from time to time during each Assessment year not more than eight percent (8%) above the maximum annual assessment for the previous Assessment Year without a vote of the Membership.

(2) Section 4.04(c) is hereby amended such that commencing with Assessment Year 1988 and continuing thereafter, the maximum annual assessment for each Assessment Year may at any time and from time to time be increased more than eight percent (8%) above the maximum annual assessment for the previous Assessment Year if such increase is approved by a two-thirds vote of the Members of the Association who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the provision of the By-Laws of the Association and this Declaration

(3) Section 4.05 is hereby amended by adding the following at the end of Section 4.05:

"Notwithstanding the foregoing, the Board shall have the authority to levy a special assessment in any Assessment Year, without the approval of the Members of the Association, provided that such special assessment is for the sole purpose of repair or replacement of existing improvements on the Common property, and provided further that such special assessment does not exceed $50.00 in any Assessment Year."

Except as hereinabove set forth, the Declaration shall remain in full force and effect.

IN WITNESS WHEREOF, the Association, by its duly authorized officers, has executed this Amendment to Declaration as of the day and year first above written.

STATE OF GEORGIA
COUNTY OF COBB
Recorded October 18, 1988
Deed Book 5165, Page 231

FOURTH AMENDMENT

OF DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS

THIS FOURTH AMENDMENT TO DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS is made as of this 18th day of October, 1988 by CHIMNEY SPRINGS HOMEOWNERS' ASSOCIATION, INC. (the  "Association").

WITNESSETH:

WHEREAS, Arvida of Georgia, Inc. ("Declarant") and the Association executed that certain Declaration of Covenants, Restrictions and Easements, dated January 23, 1975, recorded in Deed Book 1582, Page 353, Cobb County, Georgia records, as amended by that certain First Modification to the Declaration dated October 7, 1975 and recorded in Deed Book 1637, page 313, aforesaid records; as further amended by that certain Second Modification to the Declaration dated September 27, 1982 and recorded in Deed Book 2604, page 3 aforesaid records; and as further amended by that certain Amendment to the Declaration dated May 19, 1987 and recorded in Deed Book 4727, Page 282, .aforesaid records (the Declaration and the Modifications and Amendments thereto shall be referred to hereinafter collectively as the "Declaration"; and

WHEREAS, the Association desires to annex additional real property into the Chimney Springs Development and make such additional real property subject to the Declaration; and

WHEREAS, pursuant to Article X of the Declaration, additional real property may be annexed to the Property described in the Declaration (the "Chimney Springs Development") if the Association obtains approval by a two-thirds (2/3) vote of the Class A Members of the Association who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the Association's By-Laws; and

WHEREAS, the Association has obtained such approval.

NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Declaration is hereby amended as follows:

 (1) Pursuant to Section 9.02 and Article X of the Declaration, Section 1.10 of the Declaration is hereby amended to include all that tract of land in Land Lot 56 of the 1st District, 2nd Section, Cobb County, Georgia, more particularly described on Exhibit A attached hereto and made a part hereof, and generally known as 2557 Old Orchard Trail (the “Annexed Property”).

(2) On and after the date of this Fourth Amendment, the Annexed Property shall in all respects be subject to all the terms and conditions of the Declaration.

(3) Except as expressly set forth herein, the Declaration shall remain in full force and effect.

IN WITNESS WHEREOF, the Association, by its duly authorized officers, has executed this Fourth Amendment to Declaration of Covenants, Restrictions and Easements as of the day and year first above written.

Copyright 2007, Chimney Springs Homeowners' Association