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Home My Public Portal AboutTYBEE STRAITS-11TH ST.pdfi CfxEPn xO[F5! LOt ND p+en rsrr ` I�/�e�j S1�TE "`;i:u a+' e.' P;:�:� •,�n. __-- ' n i v 5. �w VICINITY HAPfrlx slPEEF �NnS O -----------Ff OI LOCA31OX OF FLOW HAtMZONE 111p.,p., 1 t I O IS ` ME 4-12 I ZONE AB -13 , ZONE Z�E IONEAl, , :�I l `. _� _ E� _0 1; �L� _�� _i ��V �� i_ i�0� I� Ir�.W,�w__ nao 1p r Ifs 't0 EI�1tyaL ♦.>wvn[oa+ nn +✓ i,eC[/sJxo rtnN. a,unn,upx 1$N VR -ET 60' PIN .CY�� wt4"%>✓ 3 3 nn PE v,s,ONs Arexwce P: avwr, nn o� r+e[¢ u..xN ` ^ oEaa PEY3EV• PN ft FE¢ENLE• PbCJEq. 86-,.5 rua ax n...0 ia.n. • - - vun,. am,ru n rv. u. u'unnwNn,.0 •nxu um.r,. Page 1 of 1 I f STATE OF GEORGIA ) ) COUNTY OF CHATHAM ) f DECLARATION OF COVENANTS. C NDITIONS, AND RESTRICTIONS I THIS DECLARATION made this IS-+' day of�J�,, 1987, by 0. GREGORY RICKS, RICHARD F. ZITTROUER, WILLIAM M. .,MOCK, JR. and PHILLIP R. MCCORKLE, hereinafter called i I' 'Declarant.' it 1. DECLARATION-rPURPOSES: 1.1 WHEREAS, Declarant is the owner of certain real ,property in Chatham County, Georgia, known as Lots Numbered 1 !'through 20, TYBEE STRAITS SUBDIVISION, as shown on a plat or map of said Subdivision by EMC Engineering Services, Inc., recorded in Subdivision Map Book 9-P, Folio 1, in the Office :hof the Clerk of the Superior Court of Chatham County, Geor- gia; and tj WHEREAS, Declarant has deemed it desirable to im- pose a general plan for the improvement and development of :.said Subdivision and all of the property described therein ;;and the adoption and establishment of covenants, conditions :;and restrictions upon said real property and each and every ;lot and portion thereof and upon the use, occupancy and en - i4 oyment thereof, all for the purpose of enhancing and pro- ilo 1!` ecting the value, desirability and attractiveness of said II tract; and i' x W WHEREAS, Declarant has deemed it desirable for the %fficient preservation of the value, desirability and attrac- p Itiveness of said Subdivision to create a corporation to which 5 'should be delegated and assigned maintenance of the dune +Crossover structure and street right-of-way within the prop- erty, administering and enforcing these covenants, conditions ;and restrictions, and collecting and disbursing ftiAiLs � s i j jjA726"ei seM/9ffMA. 27.00 i �^� Q2 Una 138U PUna 134 Seq: 1I i Page t of t_� 1 pursuant to the assessments and charges hereinafter created �I l I I and referred to; and - 135 sJ WHEREAS, Tybee Straits Homeowners' Association, i ! Inc., a I I, nonprofit corporation, has been I incorporated under } the Laws of the State of Georgia for the purpose of exercis- ing the powers and functions aforesaid; II f NOW, THEREFORE, Declarant will convey title to all of said lots in said Subdivision subject to certain protec- tive covenants, conditions and restrictions hereinafter set I ' F forth. it 1.2 Declaration. To further the general purpose herein ) II expressed, the Declarant, for themselves, their successors , !I f and assigns, hereby declare that all real property described if I ' and identified in Exhibit W, at all times is and shall be held, transferred, sold, conveyed and occupied subject to the 1 'I covenants, restrictions, easements, charges and liens herein- after set forth for a period of twenty (20) years from the date hereof. These covenants shall become effective immedi- ately and shall run with the land and shall be binding upon i !f� all parties under and through Declarant. 2. GENERAL RESTRICTIONS: t i •I � 2.1 Land Use. All lots which are designated on any re- corded subdivision plat of the property are intended as dwelling lots and shall be used for private residence pur- i �( 6 I poses only. No other building, accessory building or struc- ture shall be erected or maintained on any such lot except in ;j F Isuch manner and location as may be approved in writing by the 0 k Association as provided herein. ` 2.2 home Occupatio>a. Nuisances and Livestock. No nox- ious or offensive activity shall be carried on, in or upon z it iany premises, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. I No livestock or poultry other than customary domestic pets 2 a Book: 138U Page: 135 Seq:'1 I I Page t of 1 `36 `;such as dogs and cats shall be kept or maintained on any lot, ;land all such pets, at all times, shall be kept under control I jand not permitted to run loose. The use for habitual parking �Ifor commercial vehicles, or other similar vehicles on any I �junclosed garage, carport, driveway or parking area on any lot I` 1 hs prohibited. The term "commercial vehicle" includes all ; I .;trucks and vehicular equipment which bears signs or have ;jprinted thereon any reference to any commercial undertaking �lor enterprise. The habitual violation of such parking iregulation shall be deemed a nuisance. Campers of all types .are prohibited. 2.3 Ordinances to be Obeyed. No immoral, improper, of - i Pensive or unlawful use shall be made of any lot or home thereon, and all valid laws, zoning ordinances and regula- tions of all governmental bodies having jurisdiction shall be i ,pbserved. i i 2.4 Dwelling Units. All residential structures must ;contain not less than 1,1_Q,0 square feet of heated living d`fr the second floor or above. `fare Each dwelling unit must contain covered parking ca - i ipable of allowing the parking of two standard automobiles. �IIn addition, each dwelling unit must provide for two !I � ioff-street parking spaces to avoid the necessity of guests Iparking in the street right-of-way. II 3. PROPERTY RIGHTS IN THE COMMON PROPERTIES AND OBLI- I i' GATION OF THE ASSOCIATION WITH RESPECT THERETO: li t; 3.1 Members' Easements of Enjoyment. Subject to the I' �� rovisions of this Article 3, every member shall have the ++right and easement of enjoyment in and to the common proper- �Ities in common with other owners and such easement shall be l appurtenant to and shall pass with the title to every lot or Iliving unit. i 3.2 'title to Common Properties. The Declarant shall ,Iconvey to the Association the street right-of-way which is I 3 11 ' —y Book: 138U Baae�6 136 Seq: Page 1 of 1 ! 7 I 137 I shown on the Subdivision Map Book referred to above. Also, I the Declarant shall convey to the Association the dune cross- �! over structure which is located on lots 10 and 11 as shown on I ;{ the Subdivision Map referred to above. The Association will ,accept conveyance of the common properties which the Devel- joper conveys to the Association. �i 3.3 Preservation of Common Properties. The Association it 4 will preserve and maintain for the common benefit of its mem- 11bers, all of the common properties which it hereafter shall ` J own, including, without limitation, the obligation to main - 1 !stain the street and the dune crossover structure which are I i conveyed to the Association as common properties, pay taxes i{ jthereon, keep the same in good repair and sightly appearance .I and maintain liability insurance on all Association property. 3.4 Maintenance Prior to Conveyance. The Declarant ! shall have the obligation of maintaining any such property which may become common property prior to the conveyance il thereof to the Association. �I 3.5 Extent of Members' Easements. The rights and ease- ments of enjoyment for the benefit of members created hereby ;shall be subject to the following: (a) Rights of Declarant, their successors and as- signs as herein. reserved. (b) The right of the Association, in accordance i ,,with its Bylaws, to charge an annual assessment or special assessment for the maintenance of the common properties. I i (c) The right of the Association, as provided in !lits Articles and Bylaws, to make reasonable rules and regula- tions with respect to the use of the common properties and to 'isuspend the rights of any member to use the dune crossover ,,for any period during which any assessment against such mem- Ober remains unpaid. i :! (d) The right of the Association to dedicate or 4 Book: 138U Page: 137 Seq: i Pape 1 of 1 I� i f transfer all or any part of the common properties to any �j public agency, authority or utility, subject to such condi- tions as may be agreed to by the members, provided that no ri such dedication or transfer shall be effective unless ap- proved by appropriate vote of two-thirds of the votes of the membership, agreeing to such dedication and transfer and ap- proving the purposes or conditions with respect thereto, and unless written notice of the proposed agreement and action is sent to every member at least ninety (90) days in advance of any action taken. 4. MEMBEgSHIP AND VOTING RIGHTS IN THE ASSOCIATION: yi 4.1 Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any lot or living i unit which is covered by these Covenants, or by any supple- mental covenants shall be a member of the Association, pro- vided that any such person or entity who holds such interest � I merely as a security for the performance of any obligation shall not be a member. Declarant, or their successors or as- signs, shall also be a member of the Association so long as they own any part of the remainder of the property included I� in the Subdivision. ; 5. COVENANT FOR MAINTENANCE ASSESSMENTS: sessments. The Declarant, for each lot owned by them within Tybee Straits Subdivision hereby covenants and agrees to pay, and each and every owner of any lot therein or in the lots in j the additional property which become subject to the jurisdic- tion of the Association, by acceptance of a deed therefor, i whether or not it shall be so expressed in any such deed or j j other conveyance, is deemed to covenant and agree to pay to the Association: (1) regular assessments or charges; and (2) special assessments for capital improvements, such as- i 5 j1 i I�— Book: 138U Pocem 138 Seq: 1 'T'� rr j I i Page 1 of 1 � i 133 sessments to be fixed, established and collected from time to i "Mime, as hereinafter provided. The regular and special as- F sessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a ( �. charge on the land and shall be a continuing lien upon the lot against which each such assessment is made. Each such + assessment, together with such interest, costs and reasonable f attorney's fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation shall not pass to his successor in title unless expressly assumed by { said successor. I! 5.2 Purpose of Assessments. The assessments levied by i the Association shall be used exclusively for the purpose of :i j promoting the safety and welfare of the members of the As- sociation and, in particular, for the improvements and main- tenance of the property, services and facilities devoted to this purpose, which include, but are not limited to, the road and dune crossover serving the property. ij 5.3 Annual Assessments. The amount of time of payment of annual assessments shall be determined by the Board of Di- rectors of the Association pursuant to the Articles of Incor- poration and Bylaws of said Association, after giving due consideration to the current maintenance costs and future I needs of the Association. written notice of the amount of the assessment shall be sent to every owner, and the due date for the payment of same shall be set forth in said notice. I� 5,4 Snnc;al Assessments for Capital Improvements. In :i addition to the annual assessments, the Association may levy in any calendar year, a special assessment applicable to that s j, year only, for the purpose of defraying, in whole or in part, �I i! the cost of any construction or reconstruction, unexpected I i repair or replacement of a described capital improvement upon l I 6 '1 r f Book: 138U Page: 139 Seq: 1 Page 1 of 1 !i' 140 � r i the areas maintained by the Association, including the neces- sary fixtures and personal property related thereto, provided i' ithat any such assessment shall have the asset of a majority I lof the votes of the members who are in person or by proxy at lithe meeting duly called for this purpose, written notice of !!which shall be sent to all members not less than ten (10) i days or more than thirty (30) days in advance of the meeting, setting forth the purpose of the meeting. I l5.5 Uniform Rate of Assessment. Both annual and spe- ,!cial assessments shall be fixed at a uniform rate for all lots and may be collected on an annual basis or as the As- h sociation may declare. 5.6 Duties of the Board of Dirgct4rs. The Board of Di- rectors of the Association shall fix the date of commencement and the amount of the assessment period and at that time Cishall prepare a roster of the properties and assessment ap- liplicable thereto, which shall be kept in the Office of the !President of the Association and shall be open to inspection by any owner. Written notice of the assessment thereupon j�shall be sent to every owner subject thereto. The Asso- ciation, upon demand and payment of a service fee of not more than $25.00 at any time, shall furnish, upon the request of any owner liable for any assessment, a certificate in writing signed by an officer of the Association, setting forth what ! assessments, if any, have been made with respect to said lowner's property, which are unpaid. Such certificate shall The conclusive evidence with respect to the matters certified therein. i;5.7 Effect of Non -Payment of AssessMent: the Personal I lObligation of the Owner; thQ Lien: Remedies of the Asso- ciation. If the assessments are not paid on the date when ;:due as provided herein, then such assessments shall become delinquent and shall, together with interest thereon and cost 7 i� jl !I 't i Book: 1380 Ppge 2 140 Seq: 1 Page 1 of t I M 11of collection thereof as provided hereinafter, thereupon be - f. licome a continuing lien upon the property against which such assessments are made and shall bind such property in the hands of the then owner, their heirs, devisees, personal rep- resentatives and assigns. The personal obligation of the then owner to pay such assessment shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them. If the assessment is not paid within thirty (30) ays after the delinquent date, the assessment shall bear in- terest from the date of delinquency at the rate of fifteen (158) percent per annum and the Association may bring an ac- tion at law against the person personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assessment the ;cost of preparing and filing the complaint in such action, '!and in the event a judgment is obtained such g ,� ] 9 judgment shall � i� ,include interest on the assessment as above provided and a ' ' ' t 'reasonable attorney's fee to be fixed by the Court, together r i f ::with the costs of the action. E 5.8 Subordination of the Lien to Mortgagee. The lien hof the assessments provided for herein shall be subordinate ;i { .to the lien of any mortgage or deed to secure debt now or I ''hereafter placed upon the properties subject to assessment, dprovided, however, that such subordination shall apply only i r Tito the assessments which have become due and payable prior to �ia sale or transfer of such property, pursuant to a decree or i�foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becom- 'ding due nor from the lien of any such subsequent assessment. 6. SIGNS. I ; � 6.1 Signs. No sign or billboard of any kind shall be s 'displayed to the public view on any portion of the property r �+ 4 i ' 8 I ss Book: 138U Page: 141 Seq: I ; Page 1 of 7 14Z or any lot except one sign, for each building site, of not i; more than eighteen (18") inches by thirty (30") inches, ad- vertising II vertising the property for sale or rent, or except a sign i III' used by Declarant, their successors or assigns, to advertise i, the property during the construction and sale period. ii li 7. ARCHITECTURAL REVIEW. 7.1 Architectural Review. The Owner of each lot con- tained within Tybee Straits hereby covenants and agrees that i the Declarant shall serve as an Architectural Review Commit- tee. Any structures erected within Tybee Straits must be ap- proved by said committee which will include, but not be lim- ited to, primary residential structures, appurtenant structures such as garages, out buildings, such as tool buildings, fences, etc., and any other type structure. The ;i site plan elevations for any proposed structure shall be sub- i �i mitted to the committee which will either approve or deny the it request within fifteen (15) days. Failure to act within fif- teen (15) days will operate as an automatic approval. Upon I i denial, the Architectural Review Committee will state the reasons for the denial. The Architectural Review Committee Ij shall also make all decisions with regard to exterior finish- ing and colors. Any change of exterior finishing or color i; shall be approved in the same manner as are the erection of improvements as specified above. Should the requirements of {I I` this provision be violated, the Declarant may seek injunctive relief, or any other remedy allowed by law and the party re- sponsible for such violation will be responsible for the costs and attorneys' fees incurred. i8. PARTY WALLS AND ROOFS: Ij 8.1 Party Walls and Roof. All party walls constructed +`. between two dwellings on adjacent lots, as provided by these i. Protective Covenants, shall be maintained in good condition and repair by the owner of each adjoining lot on which bound - 9 I li I' Book: 138U Pocre3142 Seq: 1� Page 1 of 1 i 143 !I ary line the party wall is constructed. The owner of each i !).adjoining lot, with a party wall constructed on the boundary line, shall have a cross easement for support thereof. ,i Ij Should a party wall be damaged or destroyed by the act or negligence of either adjoining owner the same shall be re- J paired or rebuilt at said owner's expense; however, should the same be damaged by cause other than such owner's negli- gence the same shall be repaired or rebuilt at the joint ex - i pense of both owners, provided, further, that any monies re- ceived as a consequence of insurance, payable because of said damage, shall first be applied to such repair or restoration. Should the dwelling on one side of the party wall be de- stroyed by fire or other casualty, and said dwelling is not reconstructed, the owner of said damaged dwelling shall re- main responsible for the maintenance of his side of said wall I` and the continued support thereof. ;1 8.2 Roof: Roof Leaks. The owner of each dwelling (two 4 of which constitute a duplex) shall, at all times, maintain the roof of said welling in a good condition, such as to 11 maintain the dwelling and the dwelling constructed adjacent !: thereto, and sharing the common party wall, in a dry condi- tion, free of all elements. Owners of adjoining buildings, sharing a common party wall, shall have reasonable access over the entire roof of the duplex for the purpose of in- �i specting the condition thereof and tracing or seeking the source of roof leaks. M4.1011&4411010 9.1 Duration. The covenants and restrictions set forth in the Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the As- sociation, or the owner of any land subject to this Declara- tion, their respective legal representatives, heirs, succes- sors and assigns for a term of twenty (20) years from the 10 Book: 138U Page: i 143 Seq: 11 Page 1 of t date this Declaration is recorded, after which time said cov- ;t enants shall be automatically extended for a successive pe- riod of ten (10) years, unless an instrument signed by the �ithen owners of two-thirds of the lots and living units has been recorded, agreeing to change said covenants and restric- tions in whole or part; provided, however, that no such agreement of change shall be effective unless made and re- corded three (3) years in advance of the effective date of such change, and unless written notice of the proposed agree- ment is sent to every owner at least ninety (90) days in ad- vance of any action taken. 9.2 Notices. Any notice sent or required to be sent to any member or owner under the provisions of this Declaration shall be deemed to have been properly given when mailed, postage prepaid, to the last known address of the person who appears as a member or owner on the records of the Asso- ciation at the time of mailing. 9.3 Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity iagainst any person or persons violating or attempting to violate any covenant or restriction. Such action may be ei- ther to restrain violation or to recover damages or against the land, and to enforce any lien created by these covenants. Failure by the Association nor any owner to enforce any cov- ;enant or restriction contained, in no event shall be deemed a iswaiver of the right to do so hereafter. 9.4 Modification. By recorded supplemental declara- 1 tion, the Declarant may modify any of the provisions of this Declaration or any Supplemental Declaration for the purpose 11of clarifying any such provisions provided no such modifica- tion shall change the substantive provisions of any such documents or materially alter the rights of any owner estab- lished by any documents. 11 i Book: 138U Pomm 144 Seq: 1' I ! Page 1 of 1 145 9.5 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order in no way shall affect any other provisions, which shall remain �ij full in force and effect. i; IN WITNESS WHEREOF, the foregoing instrument has 4jbeen executed on the day and year first above -written. E CUTED IN THE PRES NCE OF: �1A -Wltne s '4" f" i, y Publ' I Q• R"+ISSA De=C;-N ! ' jfp� PuC!!�, CFotram COU ty, Ga. �; My mmission Expires Fea 21, 19U PHILLIP 1R. McCORRLE 12 Y Book: 13SU Page: 145 Seq: 1 i