Section 13.  “Owner” shall mean and refer to the record owner, whether it one or more persons or entities, of a fee simple title to any Lot or Living Unit which is a part of the Properties, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation.
 
                Section 14. “Neighborhood Assessments” shall mean assessments for common expenses provided for herein or by any subsequent amendment hereto which shall be used for the purposes of promoting the recreation, welfare, common benefit and enjoyment of the Owners and occupants of the units in a particular Neighborhood, all as may be specifically authorized from time to time by the Board of Directors.

Section 15.  “Properties” shall mean and refer to that real property described in Article II, Section 1 hereof, and to such additions thereto as may be made subject to this Master Declaration, and hereinafter brought within the jurisdiction of the Association.

                Section 16.  “Residential Association” shall mean a condominium or neighborhood homesowner association which has been formed to care for common property and/or facilities whish are used exclusively by the members of the residential association.
 
                Section 17.  “Single Family” shall mean and refer to one or more persons, each related to the other by blood, marriage or adoption, or a group of not more than three (3) persons not all so related, together with his or their domestic servants, maintaining a common household.
 
                Section 18.  “Story” shall mean and refer to that portion of a dwelling included between the surface of any floor and the surface of a floor next above, or if there is no floor above, the space between the floor and the ceiling next above.
 
                Section 19.  “Structure” shall mean anything erected or constructed, temporarily or permanently located in or upon the ground of any Lot.
 
                Section 20.  “Voting Member” shall mean and refer to the Declarant, as well as the representatives selected by the members in each Neighborhood who shall be responsible for the election of directors, amending this Master Declaration, the Articles of Incorporation or the Bylaws, and all other matters provided for in this Master Declaration.  The Voting Member from each Neighborhood shall be the senior elected officer from that component; the alternate voting member shall be the next most senior officer, unless otherwise provided in this Master Declaration.
 

Section 1.  Existing Property.  The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Master Declaration is located in Chatham County, Georgia, and is more particularly described on Exhibit “B,” attached hereto and made a part hereof.  This property shall hereafter be referred to as “Existing Property.”
 
            Section 2.  Additions to Existing Property.  Additional lands may become subject to this Master Declaration in the following manner:
 
(a)  Additions in Accord with General Plan of Development.  The Declarant and Landowner, their respective successors and assigns, shall have the right to   bring within the scheme of this Master Declaration additional properties in future stages of the development, provided that such additions are in accord with the General Plan of Development prepared by the Declarant and which is available for inspection in the sales office of the Declarant, and by way of brochures made available to all interested persons.  Such General Plan of Development shows the proposed additions to the Existing Property and contains:
 
(i)         a general indication of the size and location of additional development stages and proposed land uses in each;
 
(ii)        the approximate size and location of Common Area proposed for each stage;
 
(iii)       the general nature of any proposed common facilities and improvements;
 
(iv)       a statement that proposed additions, if made, will become subject to assessments for their just share of expenses of Southbridge Homeowners’ Association, Inc.; and
 
(v)        a schedule for terminating the Declarant’s rights under the provisions of this subsection to bring additional development stages within the scheme.  Unless otherwise stated therein, the General Plan of Development shall not bind the Declarant and the Landowner, their respective successors and assigns, to make any proposed additions, or to adhere to the plan in any subsequent development of the land shown thereon, and the General Plan shall contain a conspicuous statement to this effect.
 
            The additions authorized under this and the succeeding subsection shall be made by filing of record a supplemental declaration with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Master Declaration to such property.  That property from which proposed additional properties may be taken for subsequent stages is more particularly described on Exhibit “C,” attached hereto and made a part hereof.
 
            Any such supplemental declaration shall contain complementary additions and modifications of the covenants and restrictions contained in this Master Declaration as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with the scheme of this Master Declaration.  In no event shall any such supplemental declaration revoke, modify or add to the covenants established by this Master Declaration with respect to the Existing Properties.
 
            Section 3.  Mergers.  Upon a merger or consolidation of the Association with another association as provided in its Article of Incorporation, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and other obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger.  The surviving or consolidated association may administer the covenants and restrictions established by this Master Declaration within the Existing Property, together with the covenants and restrictions established upon any other properties as one scheme.  No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Master Declaration within the Existing Property, except as hereinafter provided.

Article IV / Membership and Voting Rights

Section 1.  Membership.  Every Owner of a Lot or Living Unit which is subject to assessment by the Association shall be a Member of the Association.  Membership shall be appurtenant to and may not be separated from ownership of any Lot or Living Unit which is subject to assessment.  No Owner, whether one or more persons, shall have more than one membership per Lot or Living Unit.  Ownership of a Lot or a Living Unit shall be the sole qualification for membership in the Association, and each Owner shall remain a Member thereof until such time as its ownership ceases for any reason, at which time his membership in the Association shall automatically cease.

            Section 2.  Voting Rights.  The Association shall have two (2) classes of voting membership:

• (a)  Class A.  Class A Members shall be all Owners, with the exception of the Declarant. Each shall be entitled to one (1) vote for each Lot or Living  Unit owned.  If more than one person owns an interest in any Lot or Living Unit, all such persons shall be Members, and the vote for each such Lot or Living Unit shall be exercised as they may determine among themselves, but in no event shall more than one vote be cast with respect to any Lot or Living Unit.
• (b)  Class B.  The Class B Member shall be the Declarant, and any successor of Declarant who takes title for the purpose of development and sale, and who is designated as such in a recorded instrument executed by the Declarant.  The Class B Member shall be a voting member and shall be entitled to cast the number of votes which are contained in the total of all Class A Members, plus one vote, until such time when the Class B Membership terminates and is converted to Class A Membership.  Class B Membership shall terminate and be converted to Class A Membership upon the happening of the earlier of the following:

       (i)            When the Declarant shall no longer have any rights to develop or acquire title to any portion of the real property described in   Section 2 (a) of Article II;

(ii) On December 31, 2016

(iii) When, at its sole discretion, the Declarant so determines.

From and after the happening of these events, which ever occurs earlier, the Class B Member shall be deemed to be a Class A Member.  At such time, the Declarant shall call a meeting, as provided in the Bylaws of the Association for special meetings, to advise the membership of the termination of Class B Membership and to elect the remaining members of the Board of Directors.

(c) Voting Members.  Only Voting Members shall be entitled to cast votes at the Association meetings on matters pertaining to the Association including the election of members of the Board of Directors, amending thisMaster Declaration, the Articles of Incorporation and Bylaws of the Association, and all other matters which may be brought before the Association membership, except as otherwise provided in this Master Declaration.  The membership of each Neighborhood shall annually select one Voting Member who shall be deemed to have a non-revocable proxy for all members within that Neighborhood for that year.  The membership of each Neighborhood shall also select an alternate who shall serve as the Voting

Member in the event the Voting Member is unable to serve.  A Voting selected by a majority of the members within the Neighborhood shall have the authority to cast the total number of votes that are located within that Neighborhood.  No member shall have the right to cancel, withdraw or otherwise affect the right of the Voting Member to cast the total number of votes within that Neighborhood, so long as the Voting Member was properly selected by the members of the Neighborhood.

Article V / Covenants for Assessments

Section 1.  Creation of Lien and Personal Obligation of Assessments.  The undersigned, for each Lot and Living Unit owned within the Properties, hereby covenants, and each Owner of any Lot or Living Unit by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, shall be deemed to covenant and agree, for himself, his heirs, representatives, successors and assigns, to pay to the Association:

• (a)  annual assessments or charges; and
• (b)  special assessments for capital improvements.

All such assessments shall be fixed, established and collected as hereinafter provided.  The annual and special assessments, together with interest, costs and attorney’s fees, shall be a charge upon the Lot or Living Unit against which such assessment is made.  Each such assessment, together with interest, costs and reasonable 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 fees due.  The personal obligation of an Owner for delinquent assessments shall not pass to his successors in title, unless expressly assumed by them.

            Section 2.  Annual Assessments or Charges.  The annual assessments or charges levied by the Association shall be used exclusively for promoting the recreation, health, safety and welfare of the residents of the Properties, and in particular for the improvement and maintenance of the Common Areas, the payment of any taxes assessed against the Common Areas, payment of insurance with respect to the Common Areas and repair, replacement additions thereto, and to the discharge of the obligations of the Association as imposed by this Master Declaration.

            Section 3.  Amount of Annual Assessments.  The annual assessment for each Lot or Living Unit in the Properties shall be payable annually, in advance, and the maximum amount thereof shall be determined as follows:

• (a)  Until January 1, 1995, the annual assessment shall be ONE HUNDRED FIFTY AND NO/100 DOLLARS ($150.00) per year for a vacant Lot, and THREE HUNDRED AND NO/100 DOLLARS ($300.00) per year for a Lot upon which a dwelling has been constructed, or Living Unit.  Thereafter, the annual assessments shall be fixed as provided in this Section; however, a vacant Lot shall be assessed at ½ of the annual rate of a Lot upon which a dwelling has been constructed, or a Living Unit.
• (b)  The maximum annual assessment for the calendar year beginning January 1

1989, and for each calendar year thereafter, shall be established by the Board of Directors, and may be increased by the Board of Directors without approval by the membership by an amount not to exceed ten percent (10%) of the maximum annual assessment of the previous year;

• (c)  The maximum annual assessment may be increased without limit by the affirmative vote of two-thirds (2/3) of each class of the Members who are voting in person or by proxy, at a meeting duly called for this purpose; and

• (d)  The board of Directors may fix the annual assessments at an amount not in excess of the maximum.  When the Board of Directors fixes the annual assessments for each calendar year, the Board shall, at the same time and in connection therewith, prepare, or cause to be prepared, an annual budget showing the services provided by the Association and the costs thereof per Lot or Living Unit.

            Section 4.  Special Assessments for Capital Improvements.  In addition to the annual assessments authorized above, the Association may levy, in any calendar year, a special assessment applicable to that year only, for the purpose of defraying, in whole of in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose.  All special assessments shall be fixed at a uniform rate for all Lots or Living Units, and may be collected on a monthly basis.

            Section 5.  Notice and Quorum for Any Action Authorized Under Sections 3 and 4.  Written notice of any meeting called for the purpose of taking any action authorized under Sections 3 and 4 shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting.  At the first meeting called, the presence at the meeting of Members, or of proxies, entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum.  If the required quorum is not present, another meeting may be called, subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting.  No such subsequent meeting shall be held more than 60 days following the day set for the preceding meeting.

            Section 6.  Uniform Rate of Assessments.  Both annual and special assessments shall be fixed at a uniform rate for all Lots and Living Units, and shall be collected on a monthly basis, or any other basis approved by the Board of Directors.

            Section 7.  Date of Commencement of Annual Assessments: Due Dates.  The annual assessments provided for herein shall commence as to any vacant Lot upon the acquisition of the Lot. The annual assessments provided for herein shall commence as to any Lot upon which a dwelling has been constructed, or a Living Unit, on the first day of the month following substantial completion of such Living Unit, or the dwelling erected upon such Lot.  “Substantial completion” shall be deemed to mean that stage of construction at which the dwelling or Living Unit shall be reasonably suitable for human occupancy.  The first annual assessment shall be adjusted according to the number of months remaining in the calendar year, and shall become due and payable on the day fixed for commencement.  At least thirty (30) days in advance of each annual assessment, the Board of Directors shall fix the amount of the annual assessment and give each Owner subject thereto written notice of each assessment.  The due date shall be established by the Board of Directors. The Association, upon demand and payment of a service fee of not more than Fifteen and no/100 Dollars ($15.00) shall furnish a certificate in writing signed by an officer of the Association setting forth whether the assessment on a specified Lot or Living Unit has been paid.  A properly executed certificate of the Association as to the status of assessmens on a Lot or a Living Unit shall be binding upon the Association as of the date of its issuance.

            Section 8.  Effect of Nonpayment of Assessments; Remedies of the Association.  Any monthly assessment not paid within thirty (30) days after the due date shall bear interest from the due date at that rate which is equal to the rate of interest chargeable by law in the State of Georgia on money judgments, or Fifteen percent (15%) per annum, whichever is lower, and such amount, together with interest and the costs of collection thereof as provided hereinafter, shall thereupon become a continuing lien upon the  property against which such assessment was made, and shall bind such property in the hands of the then-Owner, his heirs, devisees, personal representatives and assigns.  The Association may bring an action at law against the person personally obligated to pay the same, or foreclose the lien against the property in like manner as a deed to secure debt and, in either event, interest, costs and attorney’s fees in the amount of Fifteen percent (15%) shall be added to the amount of such assessment.  Upon exercise of its right to foreclose, the Association may elect to declare the entire remaining amount of the annual assessment due and payable and collect the same as provided above.  In the event of any such foreclosure, the Owner shall be required to pay reasonable rental for the Lot or Living Unit after commencement of the foreclosure action; the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the same.  No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Area or abandonment of his Lot or Living Unit.

           Section 9.  Subordination of Lien to Mortgages.  The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or deed to secure debt now or hereafter placed upon the property subject to assessment, and the lien of any ad valorem taxes.  Sale or transfer of any Lot shall not effect the assessment lien.  However, the sale or transfer of any Lot or Living Unit pursuant to a mortgage foreclosure, or any proceeding in lieu of foreclosure, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer,  No such sale or transfer shall release such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

            Section 10.  Exempt Property.  The following property subject to this Master Declaration shall be exempt from assessments, charges and liens described in this Article:

• (a)  property dedicated and accepted by local public authority and devoted to public use;

• (b)  properties which are or become parts of the Common Area;
• (c)  properties designated as equestrian facilities, tennis clubs or golf courses; and
• (d)  any property exempt from taxation by the laws of the State of Georgia, upon the terms and to the same extent of such leave of exemption.  Notwithstanding any provisions herein to the contrary, no Lots or Living Units devoted to dwelling use shall be exempt from such assessments, charges and liens.

Article VI / Repair, Restoration and rebuilding: Insurance

 
            Section 1.  Repair, Restoration and Rebuilding.  In the event any Dwelling or Living Unit shall be damaged or destroyed by fire, other casualty or any other cause or event whatsoever, the Owner of the property so damaged or destroyed shall cause it to be repaired, restored or rebuilt, as the case may be, as rapidly as possible to at least as good a condition as existed immediately prior to such damage or destruction, subject only to the right of the Association (which right is hereby granted to the Association) to authorize and direct such different action as shall be recommended by the Board of Directors and approved by affirmative vote of not less then two-thirds (2/3) of the members, which majority shall include the affirmative vote of all the Owners whose homes shall have been damaged or destroyed.
 
            Section 2.  Board of Directors to Supervise.  All repair, restoration or rebuilding pursuant to the provision of this Article VI shall be carried out under such supervision and direction as the Board of Directors of the Association shall deem appropriate in order to assure the expeditious and correct completion of the work concerned, and the Owner of any home which has been damaged or destroyed shall fully cooperate with, and abide by all instructions and directions of the Association in connection therewith.
 
            Section 3.  Rights of Association.  The Association is hereby given and shall have the right reasonably to approve the architects, contractors and subcontractors to be employed in connection with such repair, restoration or rebuilding, to select a contractor, or contractors, to perform all or various parts of the work to be done upon the various Dwellings which shall have been damaged or destroyed by such casualty or other happening; to coordinate the progress of the work among such various Dwellings; and to hold the proceeds of any insurance which may be payable on account of such casualty or other happening and to control the disbursement thereof in such manner as to assure the sufficiency of funds for the completion of said work or for any other proper purpose

Section 4.  Lien Rights of Association.  In any case in which the Owner of the Dwelling concerned shall fail to carry out and see to the repair, restoration or rebuilding required by the provisions of this Article VI, or shall request the Association to carry out and see to such repair, restoration or rebuilding, the Association may carry out and see to the repair, restoration or rebuilding required by the provisions of this Article VI, provided, however, that to the extent the insurance proceeds referred to in Section 5 are insufficient as to any Dwelling, the particular Owner shall be responsible to the Association for such deficiency, and the Association shall have, and is hereby given, a continuing lien on the Lot or Living Unit for which any such repairs or rebuilding are furnished by the Association in the aggregate amount of (a) the cost thereof, (b) interest at the rate of interest permitted by law on money judgments in Georgia from the date of the Association’s payment of such costs, and (c) reasonable attorneys’ fees and any court or other costs incurred by the Association in connection therewith, which lien shall encumber such Lot in the hands of such Owner, his heirs, devisees, personal representatives, grantees and assigns.  In the event such Owner does not forthwith fully repay the Association therefore, as aforesaid, such lien may be foreclosed against the Lot by the Association, in the same manner as hereinafter provided in connection with unpaid assessments.  The Association’s lien in this Section 4 provided shall be subordinate to the lien of any first mortgage, now or hereafter placed upon the Lot.
 
            Section 5. Insurance Required.  Each Owner shall maintain in full force at all times insurance covering the improvements erected upon his Lot, or the value of his Living Unit, consisting of, or providing all the protections afforded by, the insurance now generally described as fire, extended coverage, additional extended coverage, vandalism and malicious mischief, to one hundred percent (100%) of the full insurable value thereof, with loss payable on the basis of the cost of replacement without deduction for depreciation.  All such insurance shall be issued by companied reasonably acceptable to the Association, shall name the Association as a loss payee and shall provide that all proceeds becoming payable on account of loss of or damage to such improvements shall be payable to or as directed by the Association, subject only to the rights, limited as herein provided, of any mortgagee for value of the premises.  The policies themselves or appropriate certificates showing the evidence of such insurance shall be furnished to the Association (and new policies or certificates evidencing the renewal of each expiring policy of insurance shall be furnished to the Association), in each case at least ten (10) days prior to the expiration date of the expiring insurance,  The policies or certificates shall contain a provision that prior to cancellation, the Association shall receive at least ten (10) days’ written notice thereof.  In the event a damaged or destroyed Dwelling or Living unit shall not be repaired, restored or rebuilt pursuant to a decision not to repair, restore or rebuild, as provided in Section 1, the proceeds of such insurance shall be payable to such Owner, or the mortgagee of his Lot or Living Unit as provided in Section 11.
 

Section 6.  Association Not Liable.  The Association and its officers, directors, employees, agents and representatives shall have no liability to any Owner for damage to or loss of either the real or any personal property of said Owner.  Each insurer of any of said Owner’s interest in said real or personal property shall be bound by the provisions of this Section 6 and shall, by appropriate provision in each policy of insurance concerned, waive its rights of subrogation against the Association and its officers, directors, employees, agents and representatives.
 
            Section 7.  Association’s Right to Insurance.  The failure by any Owner to carry, maintain, or renew any insurance required by this Article VI shall give the Association the right (but not the duty) to proceed to obtain such insurance or lesser coverage as it may deem advisable, and the cost thereof shall be due to the Association from the Owner of the Lot or Living Unit so insured forthwith upon demand, and such cost shall be collectible in the same manner as assessments.
 
            Section 8.  Insurance Insufficient.  In any case in which insurance proceeds shall not be paid or payable on account of any damage to, or destruction of, any Dwelling or Living Unit, or shall be inadequate to fully cover the cost of repair, restoration or rebuilding which the Association is by the provisions of this Article VI permitted to carry out, the cost of such repair, restoration or rebuilding in excess of the amount of insurance proceeds available may be borne and paid for by the Association, but without diminishing or in any way affecting any rights of recovery thereof which the Association may have by law against any person or persons who shall be directly or indirectly responsible for such damage or destruction by reason of any negligent or wrongful act or omission, or against any Owner for his failure to maintain insurance coverage in accordance with Section 7.

      Section 9.  Obligation of Association.  Notwithstanding anything to the contrary herein contained, the obligations of the Association under the provisions of this Article VI shall be limited to the repair, restoration and rebuilding of the Common Area, and the Association shall not be responsible for repair, restoration or replacement of any personal property of the Owners or others.
 
            Section 10.  Common Area.  The Association shall obtain and maintain property insurance covering all of the Common Areas (except land, foundations, excavations and other items normally excluded from coverage), including building service equipment and fixtures, insuring against loss by fire and other perils normally covered by standard extended coverage and all other perils normally covered by the standard “all risk” endorsement, for an amount equal to one hundred percent (100%) of the current replacement cost of such items, which policy or policies shall provide that the terms thereof may not be canceled or substantially modified without at least ten (10) days’ written notice to the Association.

            Section 11.  Use of Proceeds.  Notwithstanding the foregoing, to the extent required by the terms of any mortgage for value of any part of the Properties, the proceeds of any insurance becoming payable on account of any loss of, or damage to, the part of the Properties so mortgaged shall be paid first to such mortgagee shall be paid first to such mortgagee to the extent of its interest; provided, however, that such mortgagee shall cause or permit all such proceeds received by it to be applied upon the cost of repair, restoration or rebuilding of such loss or damage; and shall not apply or seek to apply such proceeds to reduce such mortgage, except for any excess of such proceeds over the full cost of such repair or restoration, unless it shall be determined in accordance with the provisions of this Declaration that such loss or damage is not to be required or restored.
 
            Section 12. Application of Declaration and Bylaws.  Any Dwelling or Living Unit which has been destroyed, in whole or in part, by fire or other casualty, and subsequently restored or reconstructed, shall be subject to the provisions of this Declaration and to the Bylaws of the Association.

  Section 13.  Debris.  In the event a Dwelling is damaged or destroyed, and the Owner does not begin repair or reconstruction within thirty (30) days following damage or destruction, he shall remove or cause to be removed, at his expense, all debris from the Lot, so that it shall be placed in a neat, clean and safe condition; if he fails to so remove the debris, the Association may cause it to be removed, and the cost of such removal shall constitute a lien upon the Lot until paid by the Owner, unless the Lot is thereafter acquired by the Association.

Article VII / Exterior Maintenance

       Section 1.  Exterior Maintenance.  In addition to the maintenance provided to the Common Area, the Association may, at the request of any Owner, provide exterior maintenance with respect to the improvements upon such Owner’s Lot or Living Unit with respect to painting, repairs, replacements, care of roofs, gutters, downspouts and exterior building surfaces, trees, shrubs, grass, walks and other exterior improvements.

            Section 2.  Assessment of Costs.  Costs of such exterior maintenance shall be assessed against the Lot or Living Unit of the Owner, and shall be added to and become part of the annual assessment or other charges to which such Lot or Living Unit is subject.  It shall be a lien and obligation of the Owner, and shall become due and payable in all respects as provided in Article V, provided that the Board of Directors of the Association, when establishing the annual assessment against each Lot or Living Unit for any assessment year, may add thereto the estimated costs of exterior maintenance with respect to such Lot or Living Unit for that year, but thereafter shall make such adjustment with the Owner as is necessary to recover the actual cost thereof. 

Article VIII / Architectural Control

Section 1.  Purpose.  It is the Declarant’s purpose to prohibit any improvement or change in the Properties which would be unsafe or hazardous to any personal property; to minimize destruction or diminution of the view afforded to all Lots, and to preserve as much as is practicable of the visual continuity of the Properties; to assure that the improvements and construction of dwelling units on the Properties will be of good and attractive design, and in harmony with the natural setting of the area and serve to preserve and enhance the beauty thereof, and to assure the materials and workmanship for all improvements are of high quality and comparable to other improvements permitted on the Properties, and to assure that construction of improvements in the Properties is carried out by builders of financial reliability who can be expected to produce quality construction.

            Section 2.  Approval Required.  No building, wall, dock, walkway, driveway, fence, mailbox, screening device, swimming pool or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made, nor shall the clearing of any trees or change of property grade be made, until plans and specifications showing the nature, kind, shape, height, materials, location and grade of the same have been submitted to and approved in writing as to conformity and harmony of external design and general quality with the existing standards of the neighborhood and location in relation to surrounding structures and topography by the appropriate committee.  No change shall be made in the color, stain or painting of any structure or door thereof, or balcony or deck thereunto attached, unless so approved.

Section 3.  Design Review Committee.  The Design Review Committee (DRC) , shall consist of at least three and not more than five members, to be appointed by the Board of Directors, shall have exclusive jurisdiction to approve or disapprove all new construction on any portion of the Properties.  The DRC shall prepare and, on behalf of the Board of Directors, shall promulgate design review guidelines.  The guidelines shall be those of the Association, and the DRC shall have sole and full authority to prepare and amend them.  These guidelines shall be made available to Owners who seek to engage in construction upon any portion of the Properties, and such Owners shall conduct their operation strictly in accordance therewith.  The DRC shall also promulgate appropriate forms upon which applications for approval shall be submitted, and shall have the authority to change such forms from time to time.

            Section 4.  Modifications Committee.  The Modifications Committee (MC) shall consist of at least three and no more than five members, all of whom shall be appointed by the Board of Directors.  The MC shall have exclusive jurisdiction over modifications, additions or alterations made on or to existing units and any open space appurtenant thereto; provided, however, the MC may delegate this authority to the appropriate board or committee of any District, Neighborhood or Residential Association subsequently created or subsequently subjected to this Master Declaration, so long and the MC has determined that such board or committee has in force review and enforcement practices, procedures and appropriate standards at least equal to those of the MC.  Such delegation may be revoked and jurisdiction re-assumed at any time by written notice to any such District, Neighborhood or Residential Association.

Section 5.  Liability.  Neither the DRC nor the MC or any member thereof shall be liable to the Association or to any Owner for any damage, loss or prejudice suffered or claimed on account of:

• (a)  The approval or disapproval of any plans, drawings and specifications, whether or not defective;

• (b)  The construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications;

• (c)  The development of any property within the Properties, provided that such member has acted in good faith on the basis of such information as may be possessed by him or her; or
• (d)  Any negligence or breach of contract by any builder approved by the DRC or MC to carry out construction within the Properties.

Section 6.  Responsibility of Declarant.  There is reserved unto the Declarant the right of performing all functions and to give the approvals and disapprovals otherwise within the jurisdiction of the DRC and the MC, so long as Class B Membership exists.

    Section 7.  Procedures.  Whenever approval is required for any matter within the jurisdiction of the DRC or MC, the person seeking such approval shall furnish the data required by such Committee, upon forms furnished by it, and no such submission shall be deemed to have been made unless and until all required information has been received.  The Committee shall either approve or disapprove such design and location and proposed construction and clearing activities within forty-five (45) days after such plans and specifications have been submitted to it.  If the plans and specifications are disapproved in any respect, the applicant shall be notified wherein such plans and specifications are deficient.  The Board of Directors of the Association shall have the right, from time to time, to establish reasonable filing fees to defray the expenses of the DRC and MC, which shall be paid at the time of submission of such plans.

            Section 8.  When Approval Deemed Granted.  In the event the DRC or MC, as appropriate, shall fail to approve or disapprove a proposed design plan location within forty-five (45) days after the plans and specifications therefor have been received by it, approval shall be deemed granted, unless a suit to enjoin the proposed construction has been commenced prior to commencement of construction.  Plans and specifications required to be submitted shall not be deemed to have been received if they contain erroneous data, or fail to present accurate and complete information upon which the Committee shall be expected to base its decision.

            Section 9.  Right to Inspect.  The DRC or MC shall have the right, at its election, to enter upon any Lot during the construction, erection or installation of improvements or alterations, to inspect the work being undertaken in order to determine that such work is being performed in conformity with the approved plans and specifications, and in a good and workmanlike manner utilizing approved methods and good quality materials.  The Committee shall have the power to order the dismantling or cessation of nonconforming work, and to enforce such order by any legal or equitable proceedings, including but not limited to, a proceeding seeking a temporary restraining order or other injunctive relief.

Section 10.  Time of Construction. Construction of a dwelling on a Lot must be commenced within one (1) year after Declarant first conveys such Lot to an Owner, and shall be prosecuted with diligence toward completion thereof.  Further, any such construction must be completed within one (1) year after the commencement of construction, except that such period may be extended by reason of act of God, labor disputes or other matters beyond the Owner’s control.  As used herein, the term “completed” shall include installation of all approved landscaping.

            Section 11.  Repurchase.  Failure of an Owner to comply with the provisions of Section 10 of this Article, or an attempt by an Owner to convey his Lot prior to commencing construction of a dwelling thereon, shall entitle Declarant, within thirty-six (36) months after original conveyance by it of such Lot, to repurchase the same at the same price as such Lot was originally sold.  Unless such Owner shall immediately comply with Declarant’s exercise of this right to repurchase, Declarant may enforce its right by suit for specific performance, and may file a notice of lis pendens as evidence of its intent to do so.  Failure to file such notice within such thirty-six (36) month period shall be conclusive evidence that the Owner has complied with Section 10, or that Declarant has waived its right to require such compliance.

Provided, however, that the right to repurchase provided in this Section 11 shall, at the option of Declarant, be subordinated to the lien of any mortgage or deed to secure debt now or herinafter placed upon a Lot which secures a loan, the primary purpose of which is to finance the construction of a Dwelling upon a Lot, or permanent loan, the primary purpose of which is to repay the construction loan referred to above.  The sale or transfer of any Lot pursuant to a mortgage or deed to secure debt foreclosure, or any proceeding in lieu of foreclosure, shall extinguish said right of repurchase if Declarant has subordinated to such mortgage or deed to secure debt.

            Section 12.  Approved Builder.  No Builder shall be allowed to carry out any construction within the Properties until the Builder has been approved by the DRC in relation to the Builder’s knowledge of construction, construction experience, reputation for high quality design and construction of residences, past and present financial condition, and other factors which the DRC deems relevant to the approval or disapproval of a builder.  The DRC shall prepare and, on behalf of the Board of Directors, shall promulgate Approved Builder Guidelines (hereinafter the “Guidelines”).  The Guidelines shall be those of the Association, and the DRC shall have sole and full authority to prepare and amend them.  The Guidelines shall be made available to owners and builders who seek to engage in construction upon any portion of the Properties.  The DRC shall also promulgate appropriate forms upon which applications for approval shall be submitted, and shall have the authority to change such forms from time to time.  The approval of a builder by the DRC shall be conditional and subject to change, in the sole discretion of the DRC, if the DRC determines there has been a change in the factors upon which approval was granted.

Article IX / Use Restrictions

Section1. Rules and Regulations. The Board of Directors of the Association shall have the power to formulate, publish and enforce reasonable rules and regulations concerning the use and enjoyment of the yard space of each Lot and the Common Area. Such rules and regulations, along with all policy resolutions and policy actions taken by the Board of Directors shall be recorded in the Book of Resolutions, which shall be maintained in a place convenient to the Owners and available to them for inspection during normal business hours.  

Section 2. Lot Use. No Lot shall be used except for the private residential purposes of a single family, and no building shall be erected, re-erected or maintained on a dwelling Lot except one dwelling designed for occupancy by a single family, together with such accessory buildings for use by a single family as may be approved by the Design Review Committee. Notwithstanding the foregoing, Declarant may use or permit the use of one or more Lots or Living Units as model homes and as a sales office.  

Section 3. Dwelling Size. No dwelling shall be constructed upon any Lot within the Existing Properties unless the minimum living area of such dwelling shall contain not less than one thousand six hundred (1,600) square feet for a one-story dwelling, and not less than two thousand (2,000) square feet for dwellings of more than one story.  

Section 4. Construction Quality. It is the intention and purpose of these covenants to insure that all construction shall be of a quality of design, workmanship and materials which is compatible and harmonious with the natural setting of the area and other dwellings within the Properties. All dwellings shall be constructed in accordance with applicable governmental codes and with more restrictive standards as may be required by the Design Review Committee and the Modifications Committee.  

Section 5. Building Height. No dwelling shall be erected, altered or placed upon any Lot, which dwelling is more than thirty-five (35) feet in height as measured from the lowest livable floor to the highest point of the roof line.

Section 6. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No immoral, improper, offensive or unlawful use shall be made of any portion of the property, and all valid laws, ordinances and regulations of all governmental agencies having jurisdiction shall be observed. Nothing shall be kept and no activity shall be carried on in any building or residence, or on any of the Common Area which will increase the rate of insurance applicable to other residential units. No Owner shall do or keep anything or cause or allow anything to be done or kept in his dwelling or on the Common Area which would result in the cancellation of insurance on any portion of the Properties, or any contents thereof. No waste shall be committed on any portion of the Common Area or facilities situate thereon.

Section 7. Home Occupations. No home occupation, industry, business, trade or profession of any kind, whether commercial or otherwise, shall be conducted, maintained or permitted on any part of the Properties, except that Declarant and other authorized persons may use any unsold residence for sale or display purposes. The use for habitual parking for commercial vehicles in any unenclosed garage, carport, driveway or parking area on any Lot or portion of the Common Area is prohibited. The term “commercial vehicle” includes all automobiles, stationwagons, trucks and vehicular equipment which bear signs or have printed thereon any reference to any commercial undertaking or enterprise.  

Section 8. Temporary Structures. No structure of a temporary character, including but not limited to trailers, tents, shacks and mobile homes shall be placed on any Lot at any time; provided, however, that this prohibition shall not apply to shelters used by contractors during the construction of dwellings. No temporary building or structure of any kind shall be used for a residence, either temporary or permanent.  

Section 9. Livestock and Poultry. No animals, livestock or poultry of any kind shall be maintained on any Lot or in any dwelling or Living Unit, except that not more than five (5) household pets (including no more than two dogs) may be kept or maintained, provided that they are not kept, bred, or maintained for any commercial purpose and, provided further, that they shall not constitute a nuisance or cause any unsanitary conditions. All animals must be confined to their Owner’s Lot or Living Unit, unless walked on a leash.  

Section 10. Resubdivision. No Lot shall be resubdivided or reduced in size without the written consent of the Design Review Committee.  

Section 11. Outside Antennae. No outside radio or television antennae, dishes or discs shall be erected on the Properties, unless and until permission for the same has been granted by the DRC.  

Section 12. Parking. All vehicles shall be parked in garages, carports or the driveway area provided on each Lot. The habitual parking of commercial vehicles, trucks, boats, buses, trailers, camping trailers, motor homes or other recreational vehicles is prohibited on the Properties or rights-of-way of any public street in or adjacent to the Properties, or upon any grassed areas in the Properties. No disabled vehicle shall be parked on the Properties for more than 24 hours.

Section 13.  Plants and Trees.

• (a)  Plants and trees now or hereafter located on the Common Area shall be maintained by the Association, and may not be removed except by permission 

     of the DRC.  No additional plants, trees or shrubs may be planted upon the Common Area without written approval of the DRC.

• (b)  After the required clearing for the construction of dwelling units and driveways, no tree having a diameter greater than two (2) inches, five (5) feet above grade may be cut or moved without the prior written approval of the DRC.

Section 14.  Mailboxes.  No mailboxes or receptacles for the delivery of newspapers or mail shall be allowed on a Lot unless the type and design thereof shall have been approved by the DRC.

Section 15.  Signs.  No signs shall be displayed upon any Lot or Living Unit other than a sign identifying the name of the contractor during construction of a dwelling or the developer of the Properties, and advising that information concerning said dwelling is available at the Southbridge Sales Information Center, provided said sign meets the design criteria of the DRC and does not exceed eight (8) square feet in area, and provided, further, than any mortgagee who may become the Owner of any Lot or Living Unit may place a “For Sale” sign on any unsold or unoccupied Lot, provided that the design, color and size of any such sign shall have been approved by the DRC.

Section 16.  Drainage Ditches.  No change shall be made in the level or courses of any drainage ditch in the Properties without the prior written approval of the Modifications Committee.  The Owner of any Lot which adjoins a drainage ditch or swale shall keep that portion of such drainage ditch or swale lying within or contiguous to his Lot in a clean and orderly condition, and shall maintain the proper depth and grade of such drainage ditch or swale.

Section 17.  Setback.  No dwelling shall be located on any Lot closer than 7 ½ feet to any side Lot line, nor closer than 25’ to any rear Lot line.  In addition, no dwelling shall be located on any Lot which transgresses the front setback line, side setback line or rear setback line as shown on any recorded plat of the Properties.

Section 18.  Maintenance.  Each Owner shall be responsible for the maintenance of his Lot and the improvements thereon.  If, in the opinion of the Board of Directors of the Association, any Owner fails to maintain his yard or residence in a neat and orderly manner, the Association may provide such maintenance as may be reasonably necessary, and the costs thereof shall be added to and become part of the assessment to which such Lot or Living Unit is subject.

Section 19.  Lakes, Ponds and Other Water Bodies.  No gasoline-powered outboard motor shall be used by any person on any lake, pond or water body, and no dock , pier or other similar structure shall be constructed over, or into, any such lake, pond or water body.  No boats shall be habitually kept or stored in or on any such water body.

Article X / Easements

Section 1.  Grant to Declarant.  Landowner hereby grants unto Declarant, its successors and assigns, for use by Declarant, utility companies and public agencies in connection with the development of the Properties the following rights in the Properties:

• (a)  Easements across the Common Area and within ten (10) feet of the boundaries

of any Lot for the installation, construction, renewing, operation and maintenance of utilities and drainage facilities, including installation under the ground, as well as upon and above ground, for the purpose of serving the Properties with water, telephone, electricity, sewer, cable television, central burglar and fire alarm protection systems and other utility services.  Within these easements, no structures, planting or other materials shall be placed or permitted to remain which may interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels and easements, or which may obstruct or retard the flow of water through drainage channels and easements.

• (b)  A non-exclusive easement in favor of the Declarant, its successors and assigns, for the construction of improvements upon the Properties, and for exhibition and sale of such improvements.

Section 2.  Common Area.  The Association shall have the power and authority to grant and establish in, over, upon and across any Common Area conveyed to it, such further easements as may be requisite for the convenient use and enjoyment of the Properties.

Section 3.  Encroachments.  All Lots and the Common Area shall be subject to easements for the encroachment of initial improvements constructed on adjacent Lots by the Declarant or its grantees to the extent that such initial improvement actually encroach, including, without limitation, overhanging eaves, gutters, downspouts, exterior storage rooms, walls, fences, streets and sidewalks.  If any encroachments shall occur hereafter as a result of settling or shifting of any improvements, or as a result of any permissible repair, construction, reconstruction or alteration, or as a result of condemnation or eminent domain proceedings, a valid easement is hereby declared to exist for such encroachment and maintenance of the same.  Every Lot shall be subject to an easement for entry and encroachment by the Declarant for a period not to exceed eighteen (18) months following conveyance of such Lot to its original owner for the purpose of correction any problem which may arise regarding grading and drainage.  The Declarant, upon making entry for such purpose, shall restore the affected Lot or Lots to as near the original condition as practicable.

Section 4.  Golf.  Landowner hereby reserves, specifically for conveyance unto the Owner of the golf course adjacent to some or all of the Lots described in the Existing Properties, its successors and assigns, an easement over such Lots to permit the doing of every act necessary, proper and convenient to the playing on the golf course adjacent to such Lots, including, but not limited to, the recovery of golf balls from such Lots, the flight of such golf balls over and upon such Lots, the use of necessary and usual equipment upon such golf course, the usual and common noise level created by the playing of golf, together with all the normal and usual activities associated with the operation of a golf course.

Article XI / Rights of First Mortgagees

The following provisions, in addition to the provisions set forth elsewhere in this Master Declaration, shall be applicable to the holders, guarantors or insurers of first mortgages upon Lots and Living Units subject to this Master Declaration and any amendments or supplements hereto:

Section 1.  Planned Unit Development.  This Master Declaration and other constituent documents create a de minimus planned unit development hereinafter referred to as a “PUD”.

Section 2.  Assessment.  Any first mortgagee who obtains title to a Lot or Living Unit pursuant to the remedies provided in its mortgage shall not be liable for unpaid assessments which accrued prior to the acquisition of title to such Lot or Living Unit by the mortgagee.

 Section 3.  Material Changes.  Unless the Association shall have received the prior written approval of at least two-thirds (2/3) of the first mortgagees who have informed the Association of their addresses in writing and requested to participate in such decisions, the Association shall not be entitled to do any of the following:

• (a)  By act or omission, seek to abandon, partition or subdivide, sell or transfer the Common Area owned, directly or indirectly, provided, however, that the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Area should not be deemed a transfer within the meaning of this clause;
• b)  Change the method of determining the obligations, assessments, dues or other charges which may be levied against any Lot or Living Unit, or the Owner thereof;
• (c)  By act or omission, change, waive or abandon any scheme of regulation, or enforcement thereof, pertaining to the architectural design or the exterior appearance of residential dwellings, the maintenance of party walls or common fences and driveways, or the upkeep of lawns, plantings and improvements located in or on the Common Area; and
• (d)  Use hazard insurance proceeds for loss to any Common Area improvements for other than the repair, replacement or reconstruction of such improvements
• Section 4.  Taxes and Other Charges.  First mortgagees of Lots and Living Units subject hereto may, jointly and severally, pay taxes or other charges which are in default, and which may, or may become, a charge against any of the Common Area, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of such policies for such Common Area, and first mortgagees making such payments shall be immediately reimbursed therefor by the Association.
• Section 5.  Rights in Insurance Proceeds and Condemnation Awards.  No provision of the PUD constituent documents gives an Owner or any other party priority over any of the rights of any first mortgagee contained in its mortgage, in or to a distribution to such Owner of insurance proceeds or condemnation awards for a loss to or a taking of the Common Area or any part thereof.

              Section 6.  Notice to Mortgagees.  A first mortgagee, upon request, is entitled to written notification from the Association of any of the following:

  • (a)  Any default in the performance by its borrower of any obligations under the PUD constituent documents which is not cured within 60 days;
    • (b)  Any condemnation loss or any casualty loss which affects a material portion of the Properties, or any of such mortgagee’s security;
    • (c)  Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and
    • (d)  Any proposed action which would require the consent of a specific percentage of mortgage holders.

    Section 7.  Further Rights of Mortgagees.  The Association shall make this Master Declaration, any bylaws or other rules pertaining to the Properties, as well as all books, records and financial statements, available for inspection by any mortgagee during normal business hours or under other reasonable circumstances.  Any mortgagee, upon its request, shall be entitled to a financial statement for the immediately preceding fiscal year.

    Section 8.  Mortgagee Defined.  The term “mortgagee,” as used in this Article shall be deemed to mean any holder of a security interest in any real property which constitutes a portion of the Properties, including the beneficiary of a trust deed, or the holder of a deed to secure debt.

Article XII / Indemnification

            Notwithstanding the duty of the Association to maintain the Common Area, the Association shall not be liable for injury or damage caused by any latent condition in any portion thereof, nor for injury caused by the elements, Owners or other persons, nor shall any officer or director of the Association be liable to any Owner or other person for injury or damage caused by such officer or director in the performance of his or her duties, unless the same shall be due to the willful misfeasance or malfeasance of such officer or director.  Each officer and director of the Association shall be indemnified by the Association against all expenses and liabilities, including attorney’s fees reasonably incurred in connection with any proceeding to which he or she may be a party or in which he or she may become involved by reason of his or her having been an officer or director of the Association, or any settlement, whether or not such person is an officer or director of the Association at the time such expense and liabilities are incurred except in such cases where the officer or director is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties.  In the event of any such settlement, indemnification shall apply only when the Board of Directors of the Association approves such settlement and reimbursement as being in the best interest of the Association. 

Article XIII / General Provisions

Section 1.  Application.  All Owners, employees of Owners, tenants or other persons who may, in any manner, use the Properties or any portion thereof shall be subject to the provisions hereof, and to the provisions of the Articles of Incorporation and the Bylaws of the Association.

Section 2.  Enforcement.  The Association, the Declarant or any Owner shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens or charges now or hereafter imposed by the provisions of this Master Declaration.  Failure by the Association, the Declarant or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.  In the event any action is brought to enforce any of the provisions of this Master Declaration, the party bringing such action shall be entitled to recover of the defendant all costs of the action, and a reasonable attorney’s fee.

Section 3.  Severability.  Invalidation of any one of these covenants and restrictions, by judgment or court order, shall in no way affect any other provisions, which shall remain in full force and effect.

Section 4.  Notices.  Any notice sent or required to be sent to any Member or Owner or to the Association under the provisions of this Master Declaration shall be deemed to have been properly given when mailed, postage prepaid, to the last known address shown on the books of the Association for such addressee at the time of mailing.

Section 5.  Duration.  The covenants and restrictions of this Master Declaration shall run with the land, bind the land and shall inure to the benefit of and be enforceable by the Association, the Declarant, the Landowner, or any Owner, their respective legal representatives, heirs successors and assigns, for a period of twenty (20) years from the dare this Master Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by the then-Owners of not less than ninety percent (90%) of the Lots and Living Units has been recorded, amending or abrogation said covenants and restrictions; provided, however, that no such amendment or change shall be effective unless made and recorded at least six (6) months in advance of the effective date of such change, and unless written notice of the proposed amendment is sent to every Owner at least ninety (90) days in advance of any action taken.

Section 6.  Amendment.  Except as herein provided, the Association shall have the power to amend this Master Declaration, by a vote of two-thirds (2/3) of the number of the total members of the Association.

Section 7.  Modification.  By a recorded supplemental declaration, the Declarant may amend this Master Declaration without the consent of the Owners to correct any obvious errors or inconsistencies in drafting, typing or reproduction.  The Board of Directors of the Association may, by supplemental declaration, modify any of the provisions of Article VIII hereof, with regard to any particular Lot or Living Unit, for reasons of practical difficulties or particular hardships which otherwise would be suffered by the Owner thereof.  Any such deviation, which shall be manifested by supplemental declaration, shall not constitute a waiver of any such covenant as to any other Lot or Living Unit within the Properties.

Section 8.  Lease of Dwelling.  No Dwelling or Living Unit shall be leased for transient or hotel purposes, nor may any Owner lease less than his entire Dwelling or Living Unit.  Any lease must be in writing and provide that the terms of the lease and the occupancy of the Dwelling or Living Unit shall be subject in all respects to the provisions of this Master Declaration and of the Bylaws and Articles of Incorporation, and that any failure by any lessee to comply with these terms of such documents shall constitute a default of such lease.

Section 9.  Liability Insurance.  The Association shall obtain and maintain a broad form public liability insurance policy covering all of the Common Area and all damage or injury caused by the negligence of the Association or any of its agents, officers or employees, in an amount of not less than One Million and No/100 Dollars (1,000,000.00) for each occurrence, and such policy shall contain a waiver of the right of subrogation against the Association, its members, officers, agents or employees.

Section 10.  Fidelity Bonds.  The Association shall maintain blanket fidelity bond coverage against dishonest acts by officers, directors, agents and employees, and all other persons handling or responsible for funds of or administered by the Association.  Such fidelity bonds shall:(a) name the Association as an obligee;

(b) be written in an amount equal to at least One Hundred Fifty percent (150%) of the estimated annual budget of the Association, including reserves;

• (a)  contain waivers of any defense based upon exclusion of persons who serve without compensation from any definition of “employee” or similar expressions; and
• (b)  provide that they may not be canceled or substantially modified (including cancellation for non-payment of premiums) without at least 10 days’ prior written notice to the Association.

Similar bonds shall be required covering any management agent employed by the Association for such agents, officers, employees and agents handling or responsible for funds of or administered on behalf of, the Association.

            Section 11.  Waiver.  No provision hereof shall have been deemed abrogated or waived by reason of any failure to enforce the same, regardless of the number of violations or breaches which may occur.

            Section 12.  Litigation.  No judicial or administrative proceedings shall be commenced or prosecuted by the Association unless approved by a seventy-five percent (75%) vote of the total Members of the Association.  This section shall not apply, however, to:

• (a)  Actions brought by the Association to enforce the provisions of this Master

Declaration (including, without limitation, the foreclosure of liens);

• (b)  Imposition and collection of assessments as provided hereinabove;
• (c)  Proceedings involving challenges to ad valorem taxation; or
• (d)  Counterclaims brought by the Association in proceedings instituted against it.

Section 13.  Conflicts.  In the event of any irreconcilable conflict between this Master Declaration and the Bylaws or Articles of Incorporation, the provisions of this Master Declaration shall control.  In the event of any irreconcilable conflict between the Articles of Incorporation of the Association, and the Bylaws of the Association, the provisions of the Articles of Incorporation shall control.

Section 14.  Gender and Number.  All pronouns used herein shall be deemed to include the masculine, the feminine and non-personal entities, as well as the singular and plural wherever the context provides or permits.

Article XIV / Rights of Landowner

In the event that the rights of Savannah Quarters, a Partnership, under the First Amended and Restated Option Agreement dated August 14, 1987, shall be terminated for any reason, as provided in said Agreement, then and in such event, the Landowner shall be entitled to exercise all rights of the Declarant described herein.

            IN WITNESS WHEREOF, Timberlands Associates, a Georgia limited partnership, and Savannah Quarters, a Partnership, have caused this Master Declaration to be executed by their duly authorized partners on this the 29 day of  December, 1987

TIMBERLANDS ASSOCIATES

SAVANNAH QUARTERS, A PARTNERSHIP

EXHIBIT “A”

“Common Area”

All those certain parcels or tracts of land situate lying and being in Chatham County, Georgia, and being designated as “Common Area” on that certain Plat dated October, 1987, and entitled “Southbridge, Phase I, Section “A”, Being a Subdivision of a Portion of Lands of Timberlands Associates, a Georgia Limited Partnership, 7th G.M. District, Chatham County, Georgia” for Savannah Quarters, prepared by Hussey, Gay, Bell & DeYoung, Consulting Engineers, and recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book 9-S, Page 6, which Plat is incorporated herein and made a part hereof by specific reference for a more complete description of said Common Area.

EXHIBIT “B”

“Existing Property”

All those certain lots, parcels or tracts of land situate, lying and being in Chatham County, Georgia, and being shown on that certain Plat dated October, 1987, and entitled “Southbridge, Phase I, Section “A”, Being a Subdivision of a Portion of Lands of Timberlands Associates, a Georgia Limited Partnership, 7th G.M District, Chatham County, Georgia” for Savannah Quarters, prepared by Hussey, Gay, Bell & DeYoung, Consulting Engineers, and recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book 9-S, Page 6, which Plat is incorporated herein and made a part hereof by specific reference for a more complete description of said lots, parcels or tracts.

Excepted from the above-described lots, parcels or tracts is Lot 94, entitled “Sales & Reception Area” as shown on said Plat.

All those certain lots, parcels or tracts of land situate, lying and being in Chatham County, Georgia, and being shown on that certain Plat dated February, 1988, and entitled “Southbridge, Phase I, Section “B,” being a Subdivision of a portion of the Lands of Timberlands Associates, a Georgia Limited Partnership, 7th G.M. District, Chatham County, Georgia” for Savannah Quarters, prepared by Hussey, Gay, Bell, and DeYoung, Consulting Engineers, and recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia, in Subdivision Map Book 9-S, Page 32, which Plat is incorporated herein and made a part of hereof by specific reference for a more complete description of said lots, parcels or tracts.

All those certain lots, parcels or tracts of land situate, lying and being in Chatham County, Georgia, and being shown on that certain Plat dated February, 1988, and entitled “Southbridge, Phase I, Section “C,” being a Subdivision of a portion of the Lands of Timberlands Associates, a Georgia Limited Partnership, 7th G.M. District, Chatham County, Georgia” for Savannah Quarters, prepared by Hussey, Gay, Bell, and DeYoung, Consulting Engineers, and recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia, in Subdivision Map Book 9-S, Page 32, which Plat is incorporated herein and made a part of hereof by specific reference for a more complete description of said lots, parcels or tracts.

All that certain lot, tract or parcel of land situate, lying and being in Chatham County, Georgia, and being shown as “10.71 acres” n that certain plat entitled, “Plat of Phase 5, being a portion of the lands of Timberlands Associates, a Georgia limited partnership, situated in the southeast quadrant of Interstate Highways 95 & 16, 7th G.M. District, Chatham County, Georgia,” prepared by Hussey, Gay, Bell & DeYoung, dated August 25, 1989, and being recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia, in Plat Book 10-P, page 135, which Plat is incorporated herein and made a part of hereof by specific reference for a more complete description of said lots, parcels or tracts.

All those certain lots, parcels or tracts of land situate, lying and being in the 7th G.M. District of Chatham County, Georgia, and being known and designated as LOTS 116, 117, 118, 119, 120, 121, 122, 123, 124, and 125, SOUTHBRIDGE Phase 5–Section ”A” upon a map or plan of said subdivision prepared by Hussey, Gay, Bell, and DeYoung, Consulting Engineers for Savannah Quarters, A General Partnership dated June 1990 and recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia, in Subdivision Map book 11-S, Page 40. Said map or plan is incorporated herein and made a part of hereof by specific reference for a more complete description of said lots.

All those certain lots, parcels or tracts of land situate, lying and being in the 7th G.M. District of Chatham County, Georgia, and being known and designated as LOTS 82, 83, 84, 85, 86, 87, 88, 89, 90 and 91, Phase 7, Southbridge,  as shown on that certain Subdivision Plat prepared by Hussey, Gay, Bell, and DeYoung, Consulting Engineers, and entitled “Southbridge, Phase 7, being a portion of lands of Timberlands Associates, 7th G.M. District, Chatham County, Georgia,” dated November 14, 1990,  and being recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia, in Subdivision Map book 11-S, Page 70. For a more particular description of the above-described lots, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

All those certain lots, parcels or tracts of land situate, lying and being in the Seventh G.M. District of Chatham County, Georgia, and being known and designated as LOTS 1, 112, 113, 114, and 115, Phase 1, Section D, Southbridge, as shown on that certain Subdivision Plat prepared by Hussey, Gay, Bell, and DeYoung, Consulting Engineers, and entitled “Southbridge, Phase 1, Section D, being a subdivision of a portion of lands of Timberlands Associates, 7th G.M. District, Chatham County, Georgia,” dated August, 1990,  and being recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia, in Subdivision Map book 11-S, Page 56. For a more particular description of the above-described lots, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

All those certain lots, parcels or tracts of land situate, lying and being in the Seventh G.M. District of Chatham County, Georgia, and being known and designated as LOTS 31, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, and Common Area, Phase 4, Southbridge, as shown on that certain Subdivision Plat prepared by Hussey, Gay, Bell, and DeYoung, Consulting Engineers, and entitled “Southbridge, Phase 4, being a subdivision of a portion of lands of Timberlands Associates, 7th G.M. District, Chatham County, Georgia,” dated March 18, 1991, and being recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia, in Subdivision Map book 12-S, Page 4. For a more particular description of the above-described lots, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

All those certain lots, parcels or tracts of land situate, lying and being in the Seventh G.M. District of Chatham County, Georgia, and being known and designated as LOTS 126, 127, 128, 129, 130, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, Phase 8, Section A, Southbridge, as shown on that certain Subdivision Plat prepared by Hussey, Gay, Bell, and DeYoung, Consulting Engineers, and entitled “Southbridge, Phase 8, Section A, being a subdivision of a portion of lands of Timberlands Associates, 7th G.M. District, Chatham County, Georgia,” dated March 18, 1991, and being recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia, in Subdivision Map book 12-S, Page 33. For a more particular description of the above-described lots, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

All those certain lots, parcels or tracts of land situate, lying and being in the Seventh G.M. District of Chatham County, Georgia, and being known and designated as LOT 171, Phase 8, Section B, Southbridge, as shown on that certain Subdivision Plat prepared by Hussey, Gay, Bell, and DeYoung, Inc., Consulting Engineers, and entitled “Southbridge, Phase 8, Section B, being a subdivision of a portion of lands of Timberlands Associates, 7th G.M. District, Chatham County, Georgia,” dated March 3, 1992, and being recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia, in Subdivision Map Book 12-S, Page 49. For a more particular description of the above-described lots, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

All those certain lots, parcels or tracts of land situate, lying and being in the Seventh G.M. District of Chatham County, Georgia, and being known and designated as LOT 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141 ,142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 170, 172, 173, 174, 175, 176, 177, 178, 179, 180, and 181, Phase 8, Section B, Southbridge, as shown on that certain Subdivision Plat prepared by Hussey, Gay, Bell, and DeYoung, Inc., Consulting Engineers, and entitled “Southbridge, Phase 8, Section B, being a subdivision of a portion of lands of Timberlands Associates, 7th G.M. District, Chatham County, Georgia,” dated March 3, 1992, and being recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia, in Subdivision Map book 12-S, Page 49. For a more particular description of the above-described lots, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

All those certain lots, parcels or tracts of land situate, lying and being in the Seventh G.M. District of Chatham County, Georgia, and being known and designated as LOT 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, and 1130, Phase VI, Section A, Southbridge, as shown on that certain Subdivision Plat prepared by Surtech, Incorporated, and entitled “Southbridge, Phase VI, Section A, being a subdivision of a portion of lands of Timberlands Associates, 7th G.M. District, Chatham County, Georgia,” dated May 23, 1989, and being recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia, in Subdivision Map book 12-S, Page 50. For a more particular description of the above-described lots, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

All those certain lots, parcels or tracts of land situate, lying and being in the Seventh G.M. District of Chatham County, Georgia, and being known and designated as LOT NUMBERS 183 through 241, inclusive, Phase 9, Southbridge, as shown on that certain Subdivision Plat prepared by  Hussey, Gay, Bell, and DeYoung, Inc., Consulting Engineers, and entitled “Southbridge, Phase IX, being a subdivision of a portion of lands of Timberlands Associates, 7th G.M. District, Chatham County, Georgia,” dated March 29, 1993, and being recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia, in Subdivision Map book 13-S, Page 30. For a more particular description of the above-described lots, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

ALL those certain lots, tracts or parcels of land situate, lying and being in the Seventh G.M. District of Chatham county, Georgia, and being known as Lots Two Hundred Forty-two (242) through Two Hundred Fifty-seven (257), inclusive, Phase 10, Division 1, Southbridge, as shown on that certain subdivision plat prepared by Thomas & Hutton Engineering Co., and entitled “Southbridge, Phase10, Division 1, being a 11.602 acre portion of land of Timberlands Associates, 7th G.M. District, Chatham County, Georgia”, dated July 20, 1993, and being recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book 13-S, Page 54.   For a more particular description of the above-described lot, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

ALL those certain lots, tracts or parcels of land situate, lying and being in the Seventh G.M. District of Chatham county, Georgia, and being known as Lots Two Hundred Ninety (290) through Three Hundred Sixteen (316), inclusive, Phase 11, Division 1, Southbridge, as shown on that certain subdivision plat prepared by Thomas & Hutton Engineering Co., and entitled “Southbridge, Phase11, Division 1, being a 11.602 acre portion of land of Timberlands Associates, 7th G.M. District, Chatham County, Georgia”, dated August 24, 1993, and being recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book 14-S,   Page 1.   For a more particular description of the above-described lot, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

ALL those certain lots, tracts or parcels of land situate, lying and being in Chatham County, Georgia and being shown and designated as Lots 361 through 374 inclusive, upon a map or plat of Southbridge, Phase 7-A, prepared by Thomas & Hutton, and recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia in Subdivision Map Book 14-S, folio 46. Said map or plat is incorporated herein by specific reference.

ALL those certain lots, tracts or parcels of land situate, lying and being in the Seventh G.M. District of Chatham county, Georgia, and being known as Lots Three Hundred Fifty-one (351) through Three Hundred Fifty-eight (358), inclusive, Phase 4-A,  Southbridge, as shown on that certain subdivision plat prepared by Thomas & Hutton Engineering Co., and entitled “Southbridge, Phase 4-A, Savannah Quarters, a portion of lands formerly of Timberlands Associates, 7th G.M.D, Chatham County, Georgia”, dated March, 1994, and being recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book 14-S, Page 64.   For a more particular description of the above-described lot, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

ALL those certain lots, tracts or parcels of land situate, lying and being in the Seventh G.M. District of Chatham county, Georgia, and being known as Lots Two Hundred Fifty-eight (258) through Two Hundred Eighty-nine (289), inclusive, Phase 10, Division 2, Southbridge, as shown on that certain subdivision plat prepared by Thomas & Hutton Engineering Co., and entitled “Southbridge, Phase 10, Division 2, Savannah Quarters, A Portion of Lands Formerly of Timberlands

Associates, 7th G.M. District Chatham County, Georgia”, dated May, 1994, and being recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book 15-S, Page 18.   For a more particular description of the above-described lot, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

            ALL that certain lot, tract or parcel of land situate, lying and being in the Seventh G.M. District of Chatham County, Georgia, and being known as Lots Three Hundred Seventeen (317) through Three Hundred Thirty-nine (339), inclusive, Phase 11, Division 2, Southbridge, as shown on that certain subdivision plat prepared by Thomas & Hutton Engineering Co., and entitled “Southbridge, Phase 11, Division 2, a Portion of Lands Formerly of Timberlands Associates, 7th G.M.D., Chatham County, Georgia”, dated June 24, 1996, and being recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book 16-S, Page 45.   For a more particular description of the above-described lot, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

.ALL that certain lot, tract or parcel of land situate, lying and being in the Seventh G.M. District of Chatham County, Georgia, and being known as Lots Four Hundred One (401) through Four Hundred Seventeen (417), inclusive, Phase 12A, Southbridge, as shown on that certain subdivision plat prepared by Thomas & Hutton Engineering Co., and entitled “Southbridge, Phase 12A, a portion of lands formerly of Timberlands Associates, 7th G.M.D., Chatham County, Georgia”, dated January13, 1997, and being recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book 16-S, Page 74.   For a more particular description of the above-described lot, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

ALL those certain lots, tracts or parcels of land situate, lying and being in the Seventh G.M. District of Chatham County, Georgia, and being known as Lots Five Hundred One (501) through Five Hundred Sixteen (516), inclusive, Phase 4B, Southbridge, as shown on that certain subdivision plat prepared by Thomas & Hutton Engineering Co., and entitled “Southbridge, Phase 4B, a portion of lands formerly of Timberlands Associates, 7th G.M.D., Chatham County, Georgia”, dated June, 1996, and being recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book 16-S, Page 80.   For a more particular description of the above-described lots, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

ALL those certain lots, tracts or parcels of land situate, lying and being in the Seventh G.M. District of Chatham County, Georgia, and being known as Lots Four Hundred Eighteen (418) through Four Hundred Seventy-one (471), inclusive, and Lots Four Hundred Ninety-eight (498) through Five Hundred (500), inclusive, Phase 12B, Southbridge, as shown on that certain subdivision plat prepared by Thomas & Hutton Engineering Co., and entitled “Southbridge, Phase 12-B, a portion of lands formerly of Timberlands Associates, 7th G.M.D., Chatham County, Georgia”, dated March 3, 1997, and being recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book 16-S, Pages 92 and 92.  For a more particular description of the above-described lots, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

ALL those certain lots, tracts or parcels of land situate, lying and being in the Seventh G.M. District of Chatham County, Georgia, and being known as Lots Four Hundred Seventy-Two (472) through Four Hundred Ninety-seven (497), inclusive, Phase 12-C, Southbridge, as shown on that certain subdivision plat prepared by Thomas & Hutton Engineering Co., and entitled “Southbridge, Phase 12-C, a portion of lands formerly of Timberlands Associates, 7th G.M.D., Chatham County, Georgia”,dated June 20, 1997, and being recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book 17-S, Page 17.  For a more particular description of the above-described lots, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

ALL those certain lots, tracts or parcels of land situate, lying and being in the Seventh G.M. District of Chatham County, Georgia, and being known as Lots Five Hundred Twenty (520) through Five Hundred Forty-Eight (548), inclusive, Phase 15-A, Southbridge, as shown on that certain subdivision plat prepared by Thomas & Hutton Engineering Co., and entitled “Southbridge, Phase 15-A, 7th G.M.D., Chatham County, Georgia”, dated March 16, 1999 and revised February 4, 2000, and being recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book 19-S, Page 7.  For a more particular description of the above-described lots, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

ALL those certain lots, tracts or parcels of land situate, lying and being in the Seventh G.M. District of Chatham County, Georgia, and being known as Lots Five Hundred Fifty (550) through Six Hundred Nineteen (619), inclusive, Phase 15-B, Southbridge, as shown on that certain subdivision plat prepared by Thomas & Hutton Engineering Co., and entitled “Southbridge, Phase 15-A, 7th G.M.D., Chatham County, Georgia”, dated June 16, 1999, and being recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book 19-S, Page 81.  For a more particular description of the above-described lots, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

ALL those certain lots, tracts or parcels of land situate, lying and being in the Seventh G.M. District of Chatham County, Georgia, and being known as Lots Six Hundred Twenty-Five (625) through Six Hundred Fifty-One (619), inclusive, Phase 16-A, and Six Hundred Seventy-One (671) through Six Hundred Seventy-Six (676), inclusive, Phase 16-A, Southbridge, as shown on that certain subdivision plat prepared by Thomas & Hutton Engineering Co., and entitled “Southbridge, Phase 16-A, 7th G.M.D., Chatham County, Georgia”, dated May 11, 2001, and being recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book 22-S, Page 4.  For a more particular description of the above-described lots, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

ALL those certain lots, tracts or parcels of land situate, lying and being in the Seventh G.M. District of Chatham County, Georgia, and being known as Lots Six Hundred Fifty-Two (652) through Six Hundred Sixty-Five (665), inclusive, Six Hundred Sixty-Seven (667) through Six Hundred Sixty-Nine (669), inclusive, and Six Hundred Seventy-Seven (677) through Seven Hundred Nine (709), inclusive, Phase 16-B, Southbridge, as shown on that certain subdivision plat prepared by Thomas & Hutton Engineering Co., and entitled “Southbridge at Savannah Quarters, Phase 16-B, Lots 652-665, 667-669, & 677-709, A portion of lands formerly of Timberlands Assocaties, 7th G.M.D., Chatham County, Georgia”, dated January 2, 2002, and being recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book 24-S, Page 18-B.  For a more particular description of the above-described lots, reference is made to the Subdivision Plat which is incorporated herein and made a part hereof by specific reference.

EXHIBIT “C”

“Additional Property”

            All that certain tract or parcel of land containing 945.640 acres, more or less (the “Property”), situate, lying and being in Chatham County, Georgia, and located in the Southeast Quadrant of the intersection of Interstate Highway 95 and Interstate Highway 16, which Property is a portion of the land conveyed in that certain Deed, dated February 24, 1986, from Atlantic Wood Assets, Inc., a Maryland Corporation, as Grantor, to Timberlands Associates, a Georgia Limited Partnership, as Grantee, which Deed is recorded in the office of the Clerk of Superior Court of Chatham County, Georgia, in Record Book 129-O, Folio 146.

            Excepted from the above described parcel or tract are the following:

1.All that certain parcel or tract of land situate, lying and being in Chatham County, Georgia, and being know as Lot 94 entitled “Sales & Reception Center” on that certain Plat dated October, 1987, and entitled “Southbridge, Phase I, Section “A”, Being a Subdivision of Portion of Lands of Timberlands Associates, a Georgia Limited Partnership, 7th G.M. District, Chatham County, Georgia”, for Savannah Quarters, prepared by Hussey, Gay, Bell & DeYoung, Consulting Engineers, and recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Subdivision Map Book 9-S, Page 6, which Plat is incorporated herein and made a part hereof by specific reference for a more complete description of said Lot; and,

2.         All that tract or parcel of land situate, lying and being in Chatham County, Georgia, shown as “Golf Course – Phase 3 on a Plat of Phases 1, 2 and 3 Being a Portion of Lands of Timberlands Associates, a Georgia Limited Partnership, Situated in the Southeast Quadrant of Interstate Highways 95 and 16, 7th G.M. District, Chatham County, Georgia” for Timberlands Associates and Savannah Quarters, dated January, 1988, and recorded at Plat Record Book 9-P, folio 125, Chatham County records.  Phase 3 contains a total of 202.85 acres.  Said Plat is incorporated herein and made a part hereof by specific reference for a more complete description of said tract or parcel; and,

3.         All those certain lots, tracts or parcels of land situate, lying and being in Chatham County, Georgia, and being known as Lots “A” and “B” on that certain Plat entitled “Minor Subdivision.  Subdivision of a 20 acre tract known as Lands of Tennisco, Inc., Seventh G.M. District, Chatham County, Georgia,” dated September, 1987, by Hussey, Gay, and Bell, and recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia, in Subdivision Map Book 9-S, Page 14, which Plat is incorporated herein and made a part hereof by specific reference for a more complete description of said Lots.

NOTE:

STEEPLE RUN SPECIFIC COVENANTS

            THIS NINETEENTH AMENDMENT TO THE MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS – SOUTHBRIDGE, made this 10th day of March, 1997, by SAVANNAH QUARTERS, A PARTNERSHIP, “Declarant”.

WITNESSETH

            WHEREAS, on December 29, 1987, Declarant and Timberlands Associates, a Georgia Limited Partnership, did execute that certain Master Declaration of Covenants, Conditions and Restrictions – Southbridge (“Covenants”), which is recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia in Deed Record Book 137-F, Folio 261; and,

            WHEREAS, the Covenants have previously been amended by certain amendments (the “Amendments”) and the Declarant desires to again amend the Covenants to add thereto the property described herein and to modify the Covenants to reflect the different character of such property.

            NOW, THEREFORE, the Declarant does hereby modify and amend the Covenants as follows:

1.  Exhibit “B” of the Covenants is amended by adding thereto the following property (“Additional Property”):

All that certain lot, tract or parcel of land situate, lying and being in Chatham County, Georgia, and being more particularly described in Exhibit A attached hereto and made a part hereof.

• (a)  As authorized by Article I, Sections 12, 13, and 16, of the Covenants, Declarant establishes the Additional Property as a “Neighborhood”; authorizes the owner of the Additional Property to establish a “Residential Association” and authorizes such owner to establish “Neighborhood Assessments.”
• (b)  Only relating to the Additional Property, Article VI is deleted in its entirety.
• (c)  Only relating to the Additional Property, Zaremba Contractors Inc. is an approved Builder, as defined in Article VIII, Section 12.
• (d)  Only relating to the Additional Property, Article IX, Section 3 is deleted in its entirety and the following is substituted in lieu thereof;

Section 3.  Dwelling Size.  No dwelling shall be constructed upon any Lot within the Existing Properties unless the minimum living area of such dwelling shall contain not less than One Thousand Six Hundred (1,600) square feet for a one-story dwelling, and not less than One Thousand Eight Hundred (1,800) square feet for dwellings of more than one story.

• (e)  Only relating to the Additional Property, Article IX, Section 17 is deleted in its entirety.
• (f)   Only relating to the Additional Property, Article X, Section1 is deleted in its Entirety.

IT IS THE INTENTION of this Amendment to subject the Additional Property to the terms of the Covenants and its amendments.

            IN WITNESS WHEREOF, the Declarant has caused these presents to be executed by and through its duly authorized managing partner on the day and year first above written.

 SAVANNAH QUARTERS, A PARTNERSHIP

EXHIBIT “A”

            All that certain tract or parcel of land situate, lying and being in Chatham County, Georgia, and being shown as 20.801 acres on a plat entitled “A Boundary Plat of Southbridge Phase 14, a portion of lands formerly of Timberlands Associates 7th G.M.D., Chatham County, Georgia”, prepared for Savannah Quarters, a partnership by Thomas & Hutton Engineering Co. (“Plat”).  The Plat is recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia in Plat Record Book 14-P, Folio 171, and is incorporated herein for all purposes.

List of Amendments included in this Consolidated Master Declaration.  All amendments are recorded in Clerk of Superior Court, Chatham County, Georgia records.

First Amendment recorded on February 19, 1988, in Record Book 137-J, page 725.

Second Amendment recorded on March 16, 1988, in Record Book 137-R, page 74.

Third Amendment recorded on June 29, 1990, in Record Book 144-Q, page 175. Fourth Amendment recorded on August 29, 1990, in Record Book 146-W, page 547.

     Rerecorded for scrivener’s error on October 8, 1990 in Record Book 147-H, page        326. 

Fifth Amendment recorded on December 27, 1990, in Record Book 148-C, page 137.

Sixth Amendment recorded on May 24, 1991, in Record Book 149-U, page 621.

Seventh Amendment recorded on July 24, 1991, in Record Book 150-H, page 166.

Eighth Amendment recorded on March 19, 1992, in Record Book 153-H, page 498.

Ninth Amendment recorded on May 4, 1992, in Record Book 153-Z, page 604.        

Tenth Amendment recorded on May 12, 1992, in Record Book 154-C, page 594.

Eleventh Amendment recorded on July 8, 1993, in Record Book 160-Y, page 680.

Twelfth Amendment recorded on April 6, 1994, in Record Book 166-J, page 32.

Thirteenth Amendment recorded in July, 1994 in Record Book 168-B, page 92.

Fourteenth Amendment recorded on October 24, 1994 in Record Book 169-T, page 458.

Fifteenth Amendment recorded on January 24, 1995 in Record Book 171-B, page 361.

Sixteenth Amendment recorded on August 7, 1995 in Record Book 173-Y, page 579.

Seventeenth Amendment recorded on November 22, 1996, in Record Book 182-G, page 648.

Eighteenth Amendment recorded on March 14, 1997, in Record Book 184-G, page 505.

Nineteenth Amendment (1) recorded on March 13, 1997, in Record Book 184-F, page 673.

Nineteenth Amendment (2) recorded on April 17, 1997, in Record Book 184-X, page 94.

Twentieth Amendment recorded on May 7, 1997, in Record Book 185-I, page 221.

Twenty-First Amendment recorded on September 26, 1997, in Record Book 188-D, page 189.

Phase 15-A & 15-B Amendment recorded on July 10, 2000, in Record Book 213-O, page 309.

Phase 15-C Amendment recorded on June 17, 2002, in Record Book ____, page ____.

Phase 16-A Amendment recorded June 26, 2001, in Record Book 223-M(H), page 569.

Phase 16-B Amendment recorded April 23, 2002, in Record Book 234-T, page 410.

Phase 16-C Supplemental recorded on March 5, 2002, in Record Book 232-W, page 579 and Deed Book 243-C, page 729.

Phase 16-D Supplemental recorded on May 20, 2002 in Record Book 236-G, page 138 and Deed Book 243-C, page 732.

 

Architectural Review Guidelines

RESIDENTIAL  DESIGN  GUIDELINES
 
Preface                                                                                                                    
Design Review Submittal                                                                           
           Concept Approval                                                                                        
           Final Approval                                                                                              
           Inspection                                                                                                       
           Appeal                                                                                                            
           Site Plan                                                                                                       
           Plans                                                                                                             
           Detailed Drawings                                                                                       
           Plans, Elevations, Types of Materials                                                          
           Landscape Design Review                         

BuildingConstructionStandards                                                                                                                                 
           Design Theme, Accessory Structures                                                                                         
           Building Size, Setback Requirements                                                                                        
           Exterior Materials and Construction Regulations                                                            
           Site Improvement Standards                                                                      
                  (fountains, play structures, swing sets)

Additional Information
          Landscape and Irrigation Plans                                                                 
          Pool Guidelines                                                                                            
          Fence Guidelines                                                                                                    
          Examples        
                                                                                               
 
Submittal Forms
          Design Review Application / Permit, Part A   

         

Design Review Application, Part B (Materials)                                  
          Builders Checklist, Part C                                                                          
          Southbridge Building Construction Agreement                                       
          Sample Irrevocable Letter of Credit                                              
          Site Layout Inspection Form #1                                                                
          Dry In/Exterior Elevation Inspection Form #2                                           
          Landscape / Irrigation Inspection #3                                                         
          Final/Deposit Refund Request Form #4                                                  
          Pre-Final Inspection Form # 4.1                                                              
          Contractor Qualification Statement (Bldr Application)   

DESIGN REVIEW GUIDELINES
 
It is the intent of these guidelines to assure each builder and homeowner that Southbridge will be developed and constructed as a community of quality homes and buildings; that are of tasteful and aesthetically pleasing Architectural design; that are harmonious with other site improvements consistent with the aesthetic quality of Southbridge as a whole.

This manual has been prepared by the Design Review Board (DRB) as a guideline for Builders and Homeowners in their selection of concepts for construction.  These guidelines do not include all building, use and other deed restrictions associated with Southbridge, and accordingly, each Builder and Homeowner should familiarize themselves with provisions of the Declarations of Covenants, Conditions and Restrictions, and the rules and regulations of the Southbridge Residential Homeowner's Association, Inc.  The inclusion of any recommendation in the guidelines shall not preclude the Design Review Board's right to disapprove any proposed matter for any reason.

 

 
DESIGN REVIEW SUBMITTAL – Conceptual or final plans will first be reviewed by the Architectural Review Committee.  Meetings will be scheduled on the first and third Mondays at 5PM.  The submittals will then be presented to the Design Review Board for review on the second and fourth Tuesdays of each month. The ARC and DRB are usually available for time critical submissions between scheduled meetings or as well as upon call of the Chairperson.  Complete submissions will be reviewed for final approval. County Building Permits will not be applied for unless and until Final Approval has been granted from the DRB.  No clearing of trees or grading of any nature shall commence until the Final Approval Letter is received. There will be no reviews until fees have been paid. Final plans are to be submitted in duplicate, and must include site plans, elevations, drainage and positioning respective to adjoining properties. Landscape plans within 60 days of construction commencement.
 
CONCEPT APPROVAL - A Builder or Homeowner may submit preliminary or conceptual drawings and specifications and other information to the committees for Concept Approval prior to the preparation and submission of detail plans and specifications for Final Approval.  Concept Approval is not mandatory but is provided for the convenience of Builders and Homeowners in order at they may accomplish a timely and thorough preparation and ultimately receive final approval of their construction.  Concept Approval given by the DRB shall not constitute approval for the commencement of construction.  Concept Approval on any new home construction shall include a set of the following and shall be designed by a Registered Architect or person of similar competency.
 
 
1.  Concept Site Plan showing the approximate location and dimensions of all improvement.

2.  Concept Floor Plan.

3. Concept Exterior Elevations

4.  Such other information, date and drawing as may be reasonably 
requested by the DRB.  
      
FINAL APPROVAL - No construction of a building or structural improvement; no landscaping or other site improvement;  no alteration or addition to any existing structure shall be made on any property until the plans and specifications showing the proposed design, nature, kind, shape, size, color, materials and location of same shall have been submitted to and shall have received a Final Approval letter from the DRB.  All improvements shall be submitted with sufficient exhibits to demonstrate compliance with standards and requirements of these Guidelines.
 
Construction must commence within six (6) months from date of Final Approval or Final Approval is void.  If Final Approval is granted subject to conditions, Final Approval shall also be void.  Submittals for Final Approval of any New Home Construction shall include at a minimum two (2) sets of the following and shall be designed by a Registered Architect or person of similar competency:
 
If, after the initial New Home Construction, a Builder or Homeowner desires Final Approval for an alteration or addition, sufficient information shall be submitted to the DRB to allow it to fully understand the proposed alteration or addition.  Such information could be as simple as a letter with a material sample or picture, or as complex as the final submittal.
 
The DRB requires a rough stakeout of the proposed New Home Construction or Major Alteration or Addition before rendering its Final Approval on any matter.
 
INSPECTION  - The DRB shall have the right to enter upon and inspect any property at any time before, during or after the completion of work for which approval is required under these guidelines.
 
Builders and Homeowners are forewarned that the Master Covenants have granted to the DRB and the Board of Directors of the Southbridge Residential Homeowner’s Association, Inc., broad discretionary powers regarding the remedy or removal of any non-complying improvement constructed within Southbridge. In this regard, if the DRB finds that any improvement was not performed or constructed in substantial compliance with the submittals receiving final approval, the Board of Directors of the Southbridge Homeowner’s Association, Inc., or the DRB may remedy or remove the non-complying improvement and charge the action to the Builder or Homeowner.

INSPECTIONS INCLUDE:
 
1.      Site Layout Inspection (Form #1): Stake the corners of the building and mark trees to be removed.  Clearly mark with pulled string, the property lines, setback lines and building perimeters.  If the layout or planned tree removal is deemed unacceptable, the ARB may require that the home location be changed.
2.      Dry In / Exterior Inspection (Form #2): Required when the walls and roof are framed and exterior sheathing applied, to determine if the exterior elevations have been constructed according to the approved plans.
3.      Landscape and Irrigation Inspection (Form #3):
3.1     Required after the complete grade and preparation of the site has been accomplished in order to assess whether site conditions havebeen properly addressed to create positive drainage patterns prior to the installation of any irrigation, plant material, or sod.
3.2     Required to assess whether the landscape and irrigation installations comply with the approved plan as submitted.
4.  Final Inspection (Form #4):  Checklist of final completion or any
damage to infrastructure.
 
APPEAL – If any application for Concept Approval or Final Approval has been denied; or if an approval is subject to conditions, the Builder or Homeowner may request a hearing before the full committee of the DRB. At the hearing, the Builder or Homeowner will be allowed to present its position on the matter and make requests or recommendations as an alternative action.  After the hearing, the DRB will review the information presented and notify the Builder or Homeowner of their final decision on the hearing.  The decision of the DRB regarding the matter shall be final.
 
TO BE INCLUDED IN FINAL SUBMITTAL:
 
1.         SITE PLAN at minimum scale of 1" - 20' showing: a clearing and grading
scheme with proposed and existing land contours, grades and flow of the site drainage system, the dimensions and locations of all buildings, service areas (hvac, trash, propane tanks) access drives, parking, utilities (water, power, telephone, cable, etc.), street pavement locations and all other proposed improvements to the site in relationship to the setbacks.
Note: 1. tree surveys are highly encouraged when trees are over 6 inches                                 
              In diameter.                                                                                                                           
          2. provide three (3) feet greenspace between driveways and side                           
               property line necessary for drainage.
 
2.       IMPERVIOUS LOT COVERAGE must be calculated and noted on the  application. Lot coverage is defined as any structure eight inches or
above final grade or any structure constructed on grade with a roof, incapable of being penetrated; material impervious to water. Maximum impervious coverage is 35%.
 
  
3.         PLANS at a minimum scale of 1/4" - 1' for all floors, cross sections and
elevations, including projections and wing walls (floor plans should also       
show total square feet of air-conditioned living area).
 
4.        DETAILED DRAWINGS of entrances, eaves, dormers, wall sections,                      
columns and shutters.   
 
5.       NAME AND MAKER of all exterior finish and materials to be
incorporated into the plan, (e.g., brick, paint, windows, etc.) Submit a material/color chart, minimum 11 x 17.
 
6.         PLANS, ELEVATIONS, TYPES OF MATERIALS and other information  associated with any other site improvement or ornamentation, exterior lighting walls, fencing and screening, HVAC, trash and utility areas, patios,  decks, pools, porches and signage.  Utility areas will be sketched onto plans to show location and type of screening to be used.
 
 
7.                  LANDSCAPE DESIGN REVIEW  –  A Landscape plan is required for
approval within 90 days of the approval of the Final Plan Submittal.  A landscape plan must be submitted that annotates the existing and proposed Site Features, trees, shrubs, groundcover, mulching and grassing. The plan must also indicate all existing buildings, service areas, and proposed decks, patios, property lines, and edge of street. See additional requirements for Landscape Plans.
 
 
BUILDING CONSTRUCTION STANDARDS
 
Improvements on a residential lot in Southbridge will be made only by a Builder from a list approved by the DRB. New builders must submit a builder application.
 
NOTE - Estate and Boulevard Home Architects and Designers must be approved in advance by the DRB.
 
DESIGN THEME - Shall be traditional in keeping with overall theme of development.  Acceptable designs are not limited to, but do include the following: Williamsburg, Georgian, Federal, Southern Colonial and French Colonial.
 
ACCESSORY STRUCTURES - No more than one (1) detached accessory structure, located apart from the main single family residential dwelling, shall be erected on a homesite. The DRB may at its discretion approve an accessory structure that is detached from the main residential dwelling so long as it is not erected prior to construction and is not intended to be held for lease.  Required rear and side set backs must be respected and must be compatible with the main building regarding materials, color and style. The maximum height allowed for an accessory structure is seventeen (17) feet, unless the DRB grants a variance.  Impervious ground coverage is to be refigured with the conclusion of any accessory structure. Townhomes and villas are excluded.
Structure shall mean anything erected or constructed, the use of which requires more or less permanent location on or in the ground, or attached to something having a permanent location on or in the ground.
 
MINIMUM BUILDING SIZE  - The minimum square footage is determined in advance by the DRB and stated on the plat and Master Declaration.  See Plat Restrictions, i.e., minimum on Estate lots depending on the area will vary from 1800 to 3200 sq. ft; Executive lots, depending on the area, minimum square footage will vary from 1400 to 2400 sq. ft.
 
SETBACK LINES - R-100 lots (collector roads that run all the way through)  Front 37.5', Rear 30', unless otherwise noted on plat. Golf course lots require a minimum 30 ft. rear setback.  Most other lots require a 30 ft. front and 25 ft. rear setback, patio 25 ft. rear setback, and interior 25 ft. setback.  See final plat for details.  DRB has discretion in this area if not in conflict with Plat.  Other neighborhoods may require different setback limits.
 
EXTERIOR MATERIAL - Finish building materials shall be applied consistently to all sides of the exteriors of buildings.  Recommended materials shall be brick,  stucco, wood or other approved material.  No simulated brick or stone will be permitted.  Hardiplank is approved for siding and fascia. There is no blanket approval for vinyl, aluminum or painted aluminum products.
 
FASCIA AND SOFFIT- No blanket approval for vinyl or aluminum products.
 
ROOF - Roof slopes shall be a minimum 8/12, unless otherwise approved by DRB and no light colored roofs allowed. Roofing shall be textured, architectural type shingles compatible to or better than Elk Prestique II / GAF Timberline.
 
ROOF OPENINGS - All roof openings, vents, plumbing vents, and fan locations and any other roof opening excluding chimneys must open from the rear or least visible side of home and painted to match the roof. A minimum of roof penetrations is encouraged.
 
SKYLIGHTS – No skylights.  Case by case review if necessary.
 
WINDOWS - All windows, sliding glass doors and patio doors shall have Colonial or Traditional Style muntin or lite patterns and shall be wood unless other alternatives are specifically approved by the DRB.  Reflective glass is prohibited.
 
SHUTTERS – All shutters should be sized to fit the window, one half the window opening they serve.  Single shutters on multiple windows are not permitted.
 
CHIMNEYS - Any exposed portion of a chimney outside of the building shall be constructed solely of brick, stucco, or hardiplank.  If the fireplace is a metal, (self-insulated) type with a metal spark arrestor at the top of the chimney, it must be enclosed by a material approved in advance by the DRB.
 
VENTLESS FIREPLACES - The exterior appearance/elevation must be submitted and approved.  Tanks must be enclosed. See service areas.
 
PORCHES / DECKS – Must be brick, stucco, or wood.  Infills between piers  allow the passage of air while restricting access to crawlspace. Wood lattice, brick basket weave, or solid infills may be permitted on elevated slabs.
 
CONSERVATORY / SUNROOMS – Traditional designs only.  Milled aluminum additions / enclosures must be submitted for review on a case by case basis.
 
DRIVEWAYS – Driveways shall not exceed 12-ft. widths except at the entrance to the garage, and a maximum of 22-ft. curb cut, with a 5-ft. radius.  Circular drives are a maximum of 16 ft. each curb cut.  Do not attempt to mimic the property line. Gates across driveways are not permitted.  Where a homesite fronts more than one street, the driveway should come off the secondary street.
 
DUMPSTERS AND PORTIBLE TOILETS  - Place within the side setbacks or at the site of driveway. They may not be placed in the street. Please be considerate of adjacent occupied homes.
 
CORRESPONDENCE TUBES  - Builders are to provide a tube or small box for correspondence with the DRB or homeowner.  Place near the builder’s sign.
 
   
CONSTRUCTION  DEBRIS AND STREET CLEANING – Weekly clean up must be enforced. Black silt screening around the construction site may be necessary next to an occupied home, lagoon, or golf course. Erosion control efforts must be maintained until the homesite has been landscaped.  The street shall be kept free of mud, silt, and debris from erosion and construction traffic. Debris and construction materials must not be placed on adjacent homesites. Providing a large barrel may remind workers where to dispose trash from breaks and lunch.      
 
SUNDAY / HOLIDAY WORK – Is not allowed.  Strict observance of this guideline will allow our private security service and existing residents to better determine when unauthorized persons are in the community.   
 
WORK HOURS – Do not start before 7:00a.m, Monday through Friday and not before 8:00a.m. on Saturday. All work shall cease by 6:00p.m     
 
FIRES – No open fires. Fires or burning of trash on any building site is prohibited.  
 
FIRE PROTECTION – is by subscription to the Southside Fire Department. Applications are available at the sales office.     
 
DOGS  - shall not be brought to work.  Southbridge enforces a leash law.
 
SIDEWALKS  - Homesites on certain streets are required to have front sidewalks in accordance with the MPC regulations and specifications.  Buyer is responsible to determine whether a front sidewalk is required and is responsible for installation. Sidewalks shall be two (2) feet from the curb and be four (4) feet in width. Should go around any utility structure, i.e., light pole.
 
INTERIOR DESIGN & CONSTRUCTION - All building interiors shall reflect the aesthetic quality and permanence displayed in the architectural character of the exterior design.  In its review, the DRB shall consider the functional layout of the floor space and the quality of the finish materials and layout accessories.
 
WINDOW AIR CONDITIONING UNITS - No window air conditioning units shall be permitted.  HVAC, Pool Equipment and Utility areas are to be screened to blend in with home preferable same as exterior of home.
 
 
FRONT LOAD GARAGES  - Use two garage doors when front load is necessary, patio lots and secondary streets. 
 
GARAGES   - Each home is carefully reviewed regarding three car garages.  The garage wall cannot extend longer than the width of the front façade.  The garage extension should be +/- 25% shorter than the front…..design and location is considered, case by case.
 
  
 
SITE IMPROVEMENT STANDARDS
 
LANDSCAPING - Any homesite which has been altered from its natural state, shall be landscaped according to plans approved by the DRB.  All shrubs, trees, grass and plantings of every kind shall be kept well maintained, properly cultivated and free of trash and other unsightly material.  All landscaping included in an approved landscaping plan shall be completed upon completion of construction. See Landscape Design Standards for single family residence.
 
DRAINAGE AND GRADING – No drainage ditches, cuts, swales, streams impoundment’s, ponds or lakes; and no mounds, knolls, dams or hills. And no other physical improvements or elements of the landscape or terrain which control or determine the location or flow of surface water and drainage patterns may be created, destroyed, altered or modified without the prior consent of the DRB, whether on private property or common area.
 
SODDING AROUND THE LAGOONS – owner/builder of a lot abutting a lagoon is responsible for sodding from the property line to the water’s edge of the lagoon.  See Land Contract.
 
SATELLITE DISKS  - With technological advancements, satellite discs 21 inches in diameter or less may be erected.  However, the disc shall be screened from view to blend in to the natural setting of the residence.  Any such device must be restricted to the side or rear of the building.
 
ANTENNAS - No antenna for transmission or reception of television signal or any other form of electromagnetic radiation shall be erected, used or maintained where visible from any adjoining property.
 
LIGHTING - All exterior lighting shall be consistent with the character established in Southbridge and be limited to the minimum necessary for safety, identification and decoration.  Exterior lighting of buildings for security and/or decoration shall be limited to up lighting or down lighting and the style and type of lighting shall be compatible with the building design and materials.  No color lens or lamps allowed. Must be submitted for review by DRB.
 
FOUNTAINS AND LAWN FURNITURE - No frog ponds, gazebos, hot houses, lawn sculptures, artificial plants, rock gardens, fountains, or similar types of accessories and lawn furnishings are permitted unless approved by DRB. See accessory structures.
 
GAMES AND PLAY STRUCTURES - All basketball backboards and any other fixed  play structures are subject to approval by the DRB and shall be located at the side or rear yards with visibility from streets and golf course minimized. Tree
and play houses or platforms of a like kind or nature shall not be constructed unless approved by the DRB.  All structures must meet the required setbacks.
 
SWING SETS – All play structures must be approved by the Design Review Board.  Wood swing sets are preferred.  However, if you have purchased a metal swing set, we require that it be painted to blend in with the landscaping.  Approved color choices are as follows:  forest green, walnut brown, or black.
 
SIGNS - No signs whatsoever, (including, but not limited to, commercial, political and similar signs) shall be erected or maintained on the homesite, except such signs as may be required by law and such signs  approved by the DRB.
 
SIGNAGE AT CONSTRUCTION SITES  shall be 6” x 24” with the approved gray background and blue text and logo color. You may contact Southbridge Sales Office for the actual PMS colors.
 
CLOTHES LINES -  No clothes lines or other outside facilities for drying or airing clothes are specifically prohibited and shall not be erected, placed, or maintained, nor shall any clothing, rugs, or other items be hung on any screened porches, railings, fences, hedges or walls.
 
DRAPES, CURTAINS & SHUTTERS – As viewed from the exterior any drape, curtain, shutter or any similar element shall be compatable in color and style with the exterior of the building.
 
MAILBOXES – The Owner/Contractor shall provide, install and maintain the common design mailbox as prescribed by the DRB. Call for supplier.
 
FENCES & WALLS - All fences and walls must be approved by the DRB.  Chain link or wire will not be allowed. See examples for additional details.
 
HVAC, PROPANE TANKS AND UTILITY - All HVAC units, propane tanks, and areas designated for trash receptacles must be screened preferred same as exterior of the home. Additional screening may be needed for amenity homesites such as golf course or lagoon. 
 
SERVICE YARDS – Service yards cannot encroach set backs.
 
 
LANDSCAPE DESIGN STANDARDS FOR SINGLE-FAMILY RESIDENCE
 
Landscape design standards are applicable to all exterior portions of single-family   residential lots that are not occupied by buildings or paving.  Landscaping should be designed to complement and enhance the home, site and surrounding properties. Landscaping should not be thought of only for beautification, but also for its ability to become an extension of the home and neighborhood through the creation of functional outdoor spaces.
 
1.  Components which make up the landscape include but are not limited to lawns,    mulch, shrubs, trees, ground covers, hardscapes, landscape accessories, irrigation and landscape lighting.  The landscape plan depicts the location of these features, and their relationship to each other and to the residential structures.
 
1.1       Lawns
            Lawns function as a connection between various outdoor activity areas.  Areas          which receive concentrated foot traffic or other heavy use may require a hard surface such as a walk, deck, patio, pavers, stepping stones, or other approved treatment.  Lawns are encouraged for the front of homes as they greatly enhance the appearance of the home and provide inviting views of the home from the street.
            All lawns are to be sodded rather than seeded, sprigged or plugged.  Front lawns shall be sodded to the edge of the street including the street right-of-way area, rear lawns to be sodded to the edge of lagoon or golf course so that no bare earth areas are left between the lot and grassing on common lands.  Sodding up to the side property lines particularly in the back yard area is not encouraged, these areas should instead be planted with trees and shrubs to provide privacy between adjacent homes. Consider maintenance requirements when planning lawn areas    to make mowing easier by avoiding small patches of lawn not connected to other lawn surfaces or trees in the middle of the lawn.  Centipede and St. Augustine are        the best types of lawn grasses for use in this area.  Centipede requires full sun, while St. Augustine can tolerate partial shade.  Neither type thrives in full shade - reserve these areas for shrubs, groundcovers or mulch.  These grasses are dormant during the winter but they can be overseeded with rye grass for color.
 
1.2   Mulch
            All ground surfaces in the landscape not covered by lawns should be mulched. Trees, especially existing native trees, should be located within mulched beds to protect them from mower damage and to preserve a more natural environment for their continued health and growth.  Mulch covers bare soil areas to prevent soil erosion, help retain moisture in the soil, reduce weed
growth, and improve soil composition.  Types of mulch to be used are organic materials such as shredded wood, cypress, pine straw, and pine bark. Because of their unnatural appearance, inorganic mulches such as rock or shell are not permitted.
 
            Mulch should be installed two to three inches deep, and will need to be replenished on an annual basis.  Mulch breaks down more quickly in the sun making it more difficult to control weeds in sunny areas, so large expanses of bare mulch without        plantings will not be allowed.  Weed control fabrics can be used under mulch but should be the pervious fabric type that allows air and water to penetrate rather than solid black or clear plastic.  Anchor fabric to ground and keep covered with mulch at all times.
 
1.3       Trees
            Trees provide the major framework of the landscape design by softening and blending the structures into its natural surroundings, and providing shade and privacy. Lots with fewer existing trees that can be preserved during construction         will require more new trees to be planted than more heavily wooded lots. A  minimum of two large canopy trees shall be planted in the front yard of each home or as required by Chatham County upon receipt of the construction permit.
 
            Trees should be suited to the coastal Georgia area including native trees and traditional southern plant materials such as oaks, magnolias, hickory, sabal palmetto, bald cypress, sycamore and gums.  Exotic or tropical plantings that emulate the “Florida” look are not appropriate for this climate and are not traditional to this area. Trees can be classified as large canopy, medium, and small        understory and use of each type is encouraged.  A useful list of trees in each category can be found in the Chatham County/ City of Savannah Land Clearing and Tree Protection Ordinance.  Large canopy trees (30' and above spread) are planted for shade and to soften the lines of the home, but require adequate room to grow to a mature size; medium trees (20' to 30' spread) also provide shade, often provide seasonal/ flowering interest and can be planted in smaller spaces than a large tree;    and small trees (10' to 20' spread) require still less space, and can be used for accent by breaking up blank walls of the home and providing seasonal/flowering interest.
 
            All existing trees are to be preserved to the extent possible because they will provide an instant effect versus replanting with new trees that will take years to establish and mature.  Preservation of large specimen trees shall be considered in the design and layout of the house, drives and associated structures. The landscape plan should show the accurate location, sizes and types of existing trees being preserved.  Only trees that are shown to be removed on the approved      site plans may be removed and all remaining trees should be protected during construction. Tree protection fencing (four foot in height minimum, constructed of 2x4 stakes with orange pvc fencing fabric) is to be installed prior to any work beginning on the site including clearing of other trees.  Tree protection fencing will be located no closer than 1 foot for every inch in trunk diameter (an eight inch tree requires eight feet) up to ten feet maximum - this will be the tree protection zone.  In the tree protection zone, the feeder roots which provide all of the tree’s nourishment are located in the top four to twelve inches of the soil, so it is critical      to protect this layer of the topsoil around the trees.  If possible protect groups of trees in a tree protection zone rather than individual trees because this will increase survival rates.  It is also helpful to add mulch to cover the tree protection zone             duringconstruction. During construction, no construction activity is allowed to take place within the tree protection zone including but not limited to: clearing and grubbing, burning, concrete washout, vehicular parking or fueling, trenching for underground utilities, material storage, soil stockpiling, and grading cuts or fills.  No signs, survey markers, permits, etc. are to be posted on trees. Tree protection fencing shall remain through irrigation installation and removed prior to landscape installation.  Plan landscape and irrigation system to avoid damage to tree roots by trenching and excavation in the tree protection zones.
 
            Minimum planting sizes for trees within lots are as follows:
                        Large trees - 2" caliper, 12' to 14' Tall, 30 Gallon Container Approx.*
                        Medium trees - 1.5" caliper, 8' to 10' Tall, 25 Gallon Container Approx.*
                        Small trees - 1" caliper, 6' to 8' Tall, 15 Gallon Container Approx.*
            * Caliper and height minimums rather than container size to govern minimum sizes, in some cases a larger container size will be required to achieve minimum size.
 
1.4       Shrubs
            Shrubs have many functions in the landscape including softening of building foundations; breaking up large expanses of mulch; accenting blank walls; screening of service areas, parking and mechanical equipment; and buffering from adjacent properties.  Shrub plantings should emphasize natives as well as traditional southern plant materials (exotic species such as camellias, azaleas, confederate jasmine that are adapted to this climate and have historically been used in this area.) Exotic or tropical plantings which are not traditional and are not adapted to our semitropical climate are not encouraged. Existing natural shrubs such as wax myrtle, yaupon holly, dwarf palmetto and sparkleberry should be retained to provide a natural effect especially along the edges of the property.
 
            Another consideration in plant selection should also be deer resistance as deer are increasingly becoming a problem in residential areas as their native habitat is destroyed. Non-deer resistant shrubs such as azaleas and camellias can be used      within areas protected by fencing or other measures. Some deer resistant plants include: abelia, african iris, ajuga, anise, barberry, buddleia, boxwood, bottlebrush, cassia, cast iron plant, confederate and asiatic jasmine, crape myrtle, creeping yew, ferns, formosa azalea, gardenia, herbs (most), hollies, hollyfern, ivy, japanese maple, juniper, lantana, leucothoe, ligustrum, liriope, lorapetalum, mahonia, miscanthus grass, mondo grass, nandina, oleander, podocarpus, pyracantha, sago palms, society garlic, tea olive, viburnums, and wax myrtle.  Deer love daylilies, india hawthorn, roses, most flowers and many other popular plants.      Generally, deer do    not like plants which have strong odors or flavors, or have thorny or furry leaves, but if really hungry may eat almost anything including plants on the list above.
 
            The landscape plan should show the mature size (spread) of proposed shrubs to ensure that the plants are spaced correctly - planted too far apart shrubs will look sparse, and those planted too close together will become crowded. Avoid using too    many different kinds of shrubs with different forms, leaf textures or colors, and sizes            because the plantings will be visually distracting.  Harmony can be achieved by limiting the shrub selection to two to three dominant types with a few other types of shrubs used for variety and accent.  Evergreen shrubs should make up the majority of the plantings because they provide year-round screening and color in the landscape.  Shrubs are categorized as either large (over 5' tall), medium (3' to 5' tall), and small (1' to 3' tall) and each type has an appropriate place in the landscape.  A useful list of shrubs in each category can be found in the Chatham County/ City of Savannah Land Clearing and Tree Protection Ordinance.  Large shrubs are used for vertical accent on blank walls and building corners, and for         screening; medium shrubs are used for massing and foundation plantings; and small shrubs are mostly for groundcover in front of medium shrubs and under trees.
 
            Minimum planting sizes for shrubs are as follows:
                        Large shrubs - 7 Gallon Container, 36" Tall
                        Medium shrubs - 3 Gallon Container, 24" Tall
                        Small shrubs - 1 Gallon Container, 12" Tall
           
1.5       Ground Covers and Flowers
            Groundcovers are used to cover large areas where shrubs are not appropriate          (such as under existing trees where shrub plantings would damage roots) and heavily shaded areas where grass cannot grow.  Groundcovers can be used to provide a low maintenance solution for reducing large areas of bare mulch.  As stated previously, large areas of bare mulch is not permitted.  Groundcovers range from 6 to 18 inches in height and include low growing shrubs such as juniper and dwarf gardenia, trailing vines such as ivy or asiatic jasmine, and clumping perennials such as ajuga or liriope.  Groundcovers should not be used as a substitute for shrubs in areas where greater height is required such as along foundation walls.  As with shrubs, proper spacing of groundcovers is important.
 
            Flowers include annuals, perennials and biennials which generally prefer some sun to flower best.  Colors should be selected to complement the colors used on the home and also the colors of other plant materials.   Use flowers for accent and interest in the landscape.  Some experimentation may be needed to determine what flowers can be used that the deer will not eat.  Flowers can be  used in planter boxes or other containers which can be changed out on a seasonal basis, and these can often be located where they are not available to the deer.
 
            Minimum planting sizes for groundcovers and flowers are as follows:
                        Groundcovers - Small shrubs - 1 Gallon Container, 12" Tall
                        Groundcovers - Vines/Perennials - 4" Pots
                        Flowers - 4" Pots
 
1.6       Hardscapes
            All paving materials for sidewalks and driveways shall be accordance with Southbridge guidelines.  Suitable materials for secondary walks, paths, patios,  and decks include: brick, concrete pavers, tabby, natural stones such as flagstone, crushed shell edged with brick or treated wood, and treated wood.  Materials should be selected that complement the residence and the surrounding landscape in both color, texture, and design.  The landscape plan should depict the location, dimensions, and materials to be used.
           
1.7       Landscape Accessories
            Landscape accessories include items such as fountains, pools, benches, arbors, trellises, fences, gazebos, statues, and other decorative features.  Each of these items will be considered on a case by case basis.  Detailed construction plans will be required indicating locations, dimensions, and materials to be used. Accessories    must be compatible with the architecture of the home and shall be located within the building setback limits so as to not visually encroach on adjoining properties. Plantings shall be used, where required, to limit the visibility of these features from other homesites, golf courses, and roads.  Pool equipment must be shielded, both visually and acoustically, from adjoining properties.  Chlorinated water may not be discharged into any creek, ditch, pond, lagoon, golf course or other adjacent lands.
           
1.8       Landscape Lighting
            Outdoor lighting should be limited and the light directed immediate to the home.  Illumination for safety on walks and drives within thirty feet of the house may be low voltage type with a maximum fixture height of 32 inches.  Porch lights or pole lights   should have a light source shielding hood.  Flood, down and uplighting from trees and structures should not be used to light the yard on a continuous basis.  No outdoor lighting should be directed towards neighboring properties including common lands.
 
1.9       Irrigation
            All homes are required to have automatic underground irrigation system to improve the health and appearance of the landscape, and to reduce maintenance efforts.  The irrigation system shall be designed and installed in a manner in which trenching within the tree protection zone of existing trees is avoided (Refer to Section 7.1.3 Trees).  Irrigation systems to be designed so as to not overspray the house and front walks.
 
1.10 Earth Mounds or Berms
            Mounds and berms are used in the landscape for accent, to create visual interest, and to help screen unattractive features or views.  However, the use of earth           mounds or berms should be limited and carefully planned so that they are natural in appearance.  This means that the height and side slopes should be kept minimal         so that the mound does not appear abruptly out of the surrounding level landscape. Berms should not be placed in areas where they will block drainage or direct drainage on to adjacent lots or common properties.  The landscape plan should clearly indicate the location, limits and height of any proposed earth mounds or berms.  The material used to construct mounds or berms should be good quality topsoil capable of sustaining plant growth - do not use poor quality subsoils or heavy clays, mulch, clearing debris, rock, or other unsuitable materials. Mounds or berms shall not be located within the tree protection zones of existing trees (See Section 7.1.3 Trees).
 
2.         AREAS OF THE LANDSCAPE
            Landscaping should be used to organize outdoor spaces into functional areas.  Like             architecture, landscaping is three dimensional with ceilings defined by tree canopies and vine covered trellises; walls created by hedges and fencing; and floors covered with a combination of grass, mulch, hardscapes, and groundcovers. 
           
2.1       Front Yard (Public Areas)
            The front yard provides the first impression of the home as viewed by the public and contributes to the overall appearance of Southbridge as a community. The landscaping of the front yard areas should both complement and enhance the architecture of the home and is expected to have a more formal, highly maniquered  appearance than other parts of the landscape.
 
2.2       Rear Yard (Private Areas)
            The landscaping of the rear yard should serve as a transition between architecture and nature.   Consideration should be given of how the rear yard is viewed from common lands such as golf courses, but in generally the landscaping in this area is expected to be more informal and natural instead of highly maintained and structured.  The rear yard should provide a comfortable spaces for outdoor living   with privacy for the enjoyment of the homeowner.
 
2.3       Foundation Plantings
            A foundation planting is meant to complement and not hide the architecture of the home.  Large shrubs should be located to provide vertical accents on blank walls and at the corners, and should not be located so as to block windows.  Medium shrubs can be planted below windows (unless the windows are very low) to soften the foundation walls.  The foundation planting should provide a transition between the house and the remaining landscape.
 
2.4       Service Area(s)
            Service areas should be located where not readily visable from the street and enclosed with an architecturally approved fence.  Service functions that should be screened include garbage cans, dog pens, utility hookups, mechanical equipment,      satellite dishes, play equipment, and similar unsightly items.  Screen views of services areas from adjacent homes with large shrubs.  Service area fences can be             softened through the use of climbing vines.          
 
2.5       Side Yards
            The side yard provides a transition area from the more formal front landscape to the informal rear yard landscape.  It is also an area where buffering from adjacent homes is required for privacy and to help screen service areas.  Buffers should consist of trees and large evergreen shrubs.  The use of formal clipped hedges in a straight line along the property line is discouraged, rather an informal edge of staggered plant materials is preferred.
 
3.         LANDSCAPE PLAN APPROVAL PROCESS
                       
3.1       Drawing Standards  
            The landscape plan should be at a minimum scale of 1"=20', rendered on either an 11"x 17" or 24" x 36" size sheet format.  The following items shall be included on the landscape plan before it can be reviewed, failure to submit a complete plan may result in its being returned without review:
 
A.        Lot Owner, Lot Number, Street Address, Name of Landscape            Designer.
            B.        North Arrow and Scale.
           C.         Existing Site Features with labels - trees (size and type), natural vegetation    to be retained, property lines, adjacent land uses (example: golf course,lagoon), and edge of streets, walks and cart paths.  The symbol for existing shrubs and trees will be a circle with a smaller circle in the center.
D.        Proposed Site Features with labels - House, Service Areas, Decks,     Patios, Walks and Drives.
E.        Proposed Plantings - Locations of proposed trees, shrubs, groundcovers, mulching and grassing (all clearly labeled). Indicate phasing if applicable, make clear what is to be planted at this time. Proposed plants shall be shown             with a simple symbol consisting of a circle with a plus (+) in the center.  The circle shall be drawn to the correct scale that  shows   the mature    size (spread)         of the proposed plant.  Each plant will be clearly labeled with plant type and quantity.
F.         Plant list with the following information: Plant Key for any abbreviations used, Scientific and Common names including the  varieties, quantity, size, and spacing.
G.                Location of other proposed site features such as hardscapes, landscape accessories, landscape lighting, and mounds or berms shall be indicated and required construction details provided.  An irrigation plan is not required, but a note should be provided to indicate that system will be installed and that it will not be installed through any tree protection zones.
 
   
3.1       Qualifications of Landscape Designers and Contractors
            All landscape plans must be designed by a Georgia Registered Landscape Architect or qualified Landscape Designer.  All proposed Landscape Architects and            Designers must submit examples of previous projects and qualifications prior to          submittal of an application. Those Landscape Architects and Designers who have been previously approved by Southbridge may submit subsequent applications without being re-qualified.  Those who fail to demonstrate acceptable similar experience may not submit an application and will be notified in writing of their   failure to qualify with documentation on specific reasons for the decision of the ARB.
 
4  LANDSCAPE MAINTENANCE STANDARDS           
 
4.1       Undeveloped Lots
            Property owners shall maintain their property in a natural condition during the time before a residence is constructed on the lot.  Therefore, no trees over six inches (6") in diameter or understory growth including smaller trees and shrubs are to be removed without approval.  Acceptable reasons to remove existing vegetation      include plants that are diseased, dead or pose a hazard to adjacent properties.
 
            Maintenance practices such as mowing to control non-woody growth including grasses, vines or weeds; and removal of  fallen trees and limbs, trash and debris             accumulation should be done only if it can be accomplished without removal or   damage to existing woody  vegetation (trees and shrubs).  It is the lot owner’s      responsibility to remove any trees or associated debris that has fallen on to adjacent             properties and to repair any damages that may have resulted.  Dumping of waste materials on to undeveloped lots by others is not allowed.
 
            Property owners may choose to enhance undeveloped lots by the addition of landscaping prior to construction of a home on the lot.  This may be desirable in order to allow plant materials time to grow to a mature size, provide screening from          adjacent properties, or to add trees on lots with few existing trees.  A landscape plan showing the proposed work should be submitted for approval prior to landscape installation.
  
4.2       Developed Lots
            Landscaping provides a critical first impression of each residence in Southbridge. Just as it is important to require adequate landscaping around new residences,     continued maintenance of landscaping around existing homes contributes to the quality of the entire community.   The landscape is not a static element, because     plants grow and change over time.  Trees become larger and shade areas which were once sunny making lawns and some types of shrubs more difficult to grow.  Some types of trees and shrubs that may have been planted around a house when it was constructed are relatively short lived, and will require replacement as a landscape matures.  The ownership of the home may have changed and subsequent owners have made additions and changes to suit their tastes and lifestyles.  The result is that the landscaping that was installed at the time of construction becomes different over time, and sometimes this change is attractive and sometimes it is not.  Routine maintenance including watering, mowing and     edging, weed and pest control, debris removal, pruning, fertilizing, and replacement         plantings as required has a large effect on retaining an attractive, tidy and healthy appearance.
 
            Lawns:  Lawn areas should be kept mowed and edged as appropriate during the growing season between April and October.  Leaves and other tree debris, litter,           etc. should be removed from lawn areas on a regular basis.  Lawns should be maintained in a healthy growing condition through  regular irrigation, weed and pest control and fertilizer applications.  Further information about lawn maintenance practices is available through the Chatham County Extension Service.
 
            Irrigation Systems: During drought conditions there may be mandated watering days or other restrictions that should be followed by homeowners.  The best time for an irrigation system to run is in the early morning hours prior to sunrise because water is lost to evaporation during the daylight hours. Clocks should be also adjusted for the change between Eastern Standard and Daylight Savings times.  Occasional maintenance of the system by an Irrigation Contractor including head adjustments     and replacements is recommended to keep the system in good working order. 
 
            Planting Beds:  Maintenance of small trees and shrubs in planting beds includes watering, pruning, weed and pest control , mulching, and fertilizing.  Pruning, except for flowering plants,  should be done in the late winter to encourage new growth and control stray growth, and should follow the natural growth habit of the plant.  Flowering plants should be pruned immediately following their blooming season to avoid removing flower buds prior to blooming. Avoid excessive pruning into formal shapes which are not natural in appearance and is harmful to the plant’s health.  The Chatham County Extension Service offers excellent information about pruning, weed and pest control, and fertilizing practices for specific types of plants in the local newspaper and through publications available at their offices. Maintenance also includes replacing plant materials that have died or have become unhealthy. 
 
            Mulched Areas:   Some people make the mistake of believing that mulched natural areas require no maintenance.  Natural areas can be low maintenance, but some maintenance is required to keep them attractive.  This includes debris removal; remulching; removal of undesirable weeds, vines and tree/shrub seedlings; pruning; and enhancement through new and replacement plantings.
 
            Tree Maintenance and Removals:  Tree maintenance includes providing water, fertilizer, pest control, pruning, and mulching.  The most important part of any tree is the part you cannot see - the roots. Avoid disturbing tree roots during other types      of home and landscape improvements such as installation of irrigation systems,     pools, patios, additions, etc.  Leave the tree sufficient space for growth by allowing approximately one foot for every one inch in trunk diameter between the tree and planned improvements.  Removal of any tree over six inches (6") in diameter requires approval from the ARB.           Reasons to allow tree removal include poor health, death, or other potentially hazardous conditions.  Size, location, condition, and type of tree are also considerations.
 
            New Landscaping:    Plant replacements and additions are considered part of routine landscape maintenance and do not require approval from the ARB.    However, property owners who desire to replace their entire existing landscape should submit a plan for approval prior to implementation. Structural and landscape accessory additions such as, house additions, porches, pools and spas, fountains, statues,decks, gazebos, arbors, fences, landscape lighting and similar items also require     approval from the ARC/DRB, and an updated landscape plan may be required to show replacement plantings, screening, and general incorporation of these additions into the landscape.
                       
The quality of the landscaping for each home is just as important as the quality of the home.  Of upmost importance is to ensure that the landscape matures properly, thereby enhancing each residence, and ultimately resulting in the enhancement of the entire Southbridge community.
 

SPECIAL SECTION PERTAINING TO POOLS
NEW HOME CONSTRUCTION OR ADDITION:
 
The size and shape of pools must be carefully designed to achieve a feeling of compatibility with the surrounding natural and man-made environment.  The Design Review Board will evaluate each pool application on a case by case basis. No above ground pools or inflatable bubble covers are allowed.
 
Construction of a pool shall not commence until the plans and specifications have been submitted to comply with standards and requirements of the Design Review Guidelines and Chatham County.  A Chatham County permit is required and posted before construction. Update your homeowners insurance.
 
Fencing is required and must be approved by the DRB.  Particular care will be required siting the pool and fence location, especially where the pool faces a lagoon or golf course.
 
TO BE INCLUDED IN FINAL SUBMITTAL:
 
1.       SITE PLAN to include dimensions and location of residential dwelling,
concrete drives, sideyards, pool and deck dimensions, pool equipment area, location of fence and setbacks.  Required rear setbacks: 30 ft. golf course/lagoon, 25 ft. interior homesites, and 10 ft. side requirement.
 
Only one detached accessory structure such as a pool house allowed.
 
2.       DETAILED DRAWINGS of pool, deck, retaining wall, and any accessory
structure.
 
3.       TYPES OF MATERIALS for pool, deck, retaining wall.
 
4.       POOL EQUIPMENT must be screened to blend with the homesite.  Materials
preferred same as exterior of home or wood
 
5.       FENCES must meet Code of Chatham County and Southbridge Building     
Guidelines.  Note examples:
 
6.       LANDSCAPE  PLAN
  
7.       SCREENED POOL ENCLOSURES must meet rear and side setbacks     
building  requirements.  Golf course homesites are 30 ft., interior 25 ft.       
Maximum height requirement is 35 feet.
 

SPECIAL SECTION PERTAINING TO FENCES AND SCREENS
 
 
If a fence or screen is desired, plans and details must be submitted to the Design Review Board for approval of architectural appropriateness before construction.
Fences should meet the building set backs requirements and not to entirely enclose or define property lines of individual home sites. Homeowners are required to landscape and provide maintenance outside the fence.  Respect the extended view of your neighbors.
 
Fence materials and guidelines are as follows:  painted wood, brick, wrought iron, stucco, or combinations thereof. Wire and chain link fences are prohibited.  Fence posts shall be of masonry construction (brick or stucco), and used @ 20 ft. o/c. max. and at all corners and gates.  Height range:  Minimum of 3 ft. and maximum of 4 ft. 6 inches.  Fences along the golf course lagoons, or backing up to a road where they can be seen, will be reviewed in detail.  As much information as possible on the design, height, natural or color sample, screening, etc. should be submitted with the application along with a site plan showing existing home and desired fence location.
 
Following examples are pre-approved samples of acceptable fence construction details materials.

SOUTHBRIDGE
DESIGN REVIEW APPLICATION / PERMIT
PART A
 
LOT:________      PHASE:________                       DATE:_________________
 
STREET ADDRESS:_______________________________________________
 
CONCEPT / FINAL APPROVAL                 _   ____ FEE of  $400.00__________
MAJOR ALTERATION or ADDITION              _ __  FEE of  $100.00 __________
FENCE or ACCESSORY STRUCTURE ________  FEE of  $  50.00 __________
 
CONSTRUCTION DEPOSIT FEE OF $5000.00 ______________ (DEPOSITED UPON WRITTEN FINAL APPROVAL AND HELD IN ESCROW ACCOUNT UNTIL FINAL INSPECTION) OR IRREVOCABLE LETTER OF CREDIT_______
 
SHOWCASE HOME:                   _          CUSTOM HOME: _________________
 
OWNER:                                ______           TELEPHONE:  __     __     FAX:                
                                                                     
ADDRESS: ______________________________________________________
 
BUILDER:                                                      TELEPHONE:         __       FAX:                 
 
ADDRESS: ______________________________________________________
 
ARCHITECT                                                  TELEPHONE:                       FAX:   _____
DESIGNER:                                                  
ADDRESS:  ______________________________________________________       
 
 
NEW HOME CONSTRUCTION INFORMATION
 
AIR CONDITIONED SPACE  (1st Floor)                     __________________sq.ft.
AIR CONDITIONED SPACE  (2ND Floor)                     __________________sq.ft.
BONUS ROOM                                                            __________________sq.ft.
                                           HEATED TOTAL              __________________sq.ft.
GARAGE                                                                            __________________sq.ft.
COVERED PORCHES / DECKS                      __________________sq.ft.
                                           TOTAL  GROSS AREA    __________________
% OF LOT COVERAGE (MAX 35%)                                             ___                 __  %
 
 
(INCLUDE ALL STRUCTURES 8" ABOVE GRADE DIVIDED BY THE LOT AREA)     
ADDITIONS OR POOLS MUST BE WITHIN THE 35% COVERAGE.
 
 
 
 
PART B - DUE AT STAGE 2/ FINAL APPROVAL
 
MATERIAL INFORMATION AND COLOR SAMPLES.
*SUBMIT A COLOR / MATERIAL BOARD MINIMUM 11 X 17.
 
MATERIAL / STYLE            MANUFACTURER              COLOR
 
1.  STUCCO  & ACCENT      __________________          _______________
 
2.  BRICK                                 __________________          _______________
 
3.  ROOF (wt. ___ )                 __________________          _______________
 
4.  WINDOWS                         __________________          _______________
 
5.  SIDING                                __________________          _______________
 
6.  TRIM, FASCIA, SOFFIT  __________________           _______________
 
7.  FRONT DOOR                   __________________          _______________
 
8.  GARAGE DOORS            __________________          _______________
 
9.  SHUTTERS                        __________________          _______________
 
10.  CHIMNEY                         __________________          _______________
 
11.  DRIVES                            __________________          _______________
 
 
·        THERE IS NO BLANKET APPROVAL FOR VINYL, ALUMINUM OR PAINTED ALUMINUM PRODUCTS.   THE BOARD RECOGNIZES THAT THERE IS A WIDE RANGE OF PRODUCT QUALITY ON THE MARKET AND WILL CONSIDER / REVIEW PRODUCTS CASE BY CASE.
·        FINISHED FIRST FLOOR MUST BE A MINIMIUM 2-FT. 4-IN. ABOVE THE HIGHEST GRADE ELEVATION (TYP.)
·        SERVICE AREAS, HVAC, PROPANE TANKS AND POOL EQUIPMENT MUST BE SCREENED SAME AS EXTERIOR.
·        LANDSCAPING OF LAGOON HOMESITES MUST INCLUDE SOD FROM THE PROPERTY LINE TO THE WATERS EDGE OF THE LAGOON AND MAINTAINED BY PROPERTY OWNER.
·        PROVIDE A MINIMUM OF THREE (3) FEET GREENSPACE BETWEEN THE DRIVEWAY AND THE SIDE PROPERTY LINE.
 
 
 
 
PART C - CONSTRUCTION  CHECKLIST
 
Complete and return with the application and fees upon the first submission for review.
 
CHECK             REQUIRED INFORMATION
 
_______           Application
_______           Fee
_______           Construction deposit or irrevocable letter of credit
_______           Signed Construction Agreement
_______           Site plan (2)
_______           Wall Section details (2)
_______            Plans (2)
_______            Elevations
_______            Samples – color board (see specifications of samples, part B of  
                          application
                                 1. Stucco 4 x 4 size from manufacturer
                                 2. Brick and grout
                                 3. Roofing
                                 4. Paint swatches
a.      trim, fascia board
b.      siding
c.      shutters
d.      front door
e.      garage door
 
                                    *Please specify color on each item
­­­­­­­­_______            Landscape Plan (submitted 90 days after construction approval)
 
                             
_____________________
Date
 
________________________________________________________________                        
Builder / Owner                                     
 
________________________________________________________________
Architectural Administrator
 
 
Developer                                          
 
 
 
 
 
SOUTHBRIDGE
BUILDING CONSTRUCTION AGREEMENT
Effective November 15, 2001
 
 
Homesite_______Phase_______Address ______________________________
 
Owner (s)________________________________Telephone_______________
 
Address_________________________________________________________
 
Builder________________________Telephone___________Fax____________
 
Address _________________________________________________________
 
City / State / Zip___________________________________________________
 
 
Approval is hereby granted, as authorized by the General Declaration of Covenants and Restrictions of Southbridge, to construct a residence on the above-described Homesite, subject to the following terms:
 
 
1.         The Owner and Builder agree to complete such work, within one year of construction commencement, in accordance with the documents approved by the Architectural Committee of Southbridge and to comply with the inspections and procedures provided in the Architectural Guidelines and Review Procedures of Southbridge.  The Builder shall require his employees and sub-contractors to abide by the same. Owners who do not complete construction within one year from commencement date, and have not received a Final Inspection Report free of all discrepancies, agree to pay Southbridge Homeowners Association $1000.00 per month until they receive a Final Inspection Report clear of all descrepancies.
 
2.         The Architectural Committee must approve all revisions to the approved plans.  Upon discovery of a violation of any provisions of this approval, Southbridge shall provide written notification to the Builder who agrees to cease construction until such violation(s) have been removed.  Southbridge shall not be liable for any expenses incurred by the Owner or Builder due to such work cessation.
 
3.         The Owner shall submit, for Architectural Committee approval, a proposed landscape plan within 90 days of construction commencement.  All landscaping included in an approved landscaping plan shall be completed upon completion of construction.
 
4.         Southbridge has the right to enter and inspect the premises, from time to time at its sole discretion and without prior notice, in order to verify that work is proceeding in accordance with the approved plans and conditions of this Agreement.
5.                  The Builder agrees to save from harm all adjoining rights-of-way, streets, curbs, property monuments, sidewalks, golf cart or bicycle paths, and other private or communal properties.  If such improvements of property are damaged as a result of an act of the Builder or his sub-contractor, the Builder agrees to restore all damaged property to its original state, subject to approval of Southbridge, within 30 days from the date of written notification of such damage.
 
6.                  The Builder agrees to maintain the work site in a clean and orderly condition during construction and shall not cause trash and/or debris to accumulate anywhere within Southbridge. No open fires.  Silt screening may be necessary when building next to an occupied home, lagoon, or golf course. Adequate silt screening must be installed and maintained to control erosion - control efforts must be maintained until the homesite has been landscaped.  The street shall be kept free of mud, silt and debris from erosion and construction traffic. If notified, by Southbridge, that these conditions have not been maintained, Builder shall perform the required cleanup activities within seven days of such notification.
          
7.                  In order to ensure compliance with the terms and conditions of this Agreement,   the Owner shall provide a good faith Construction Deposit of Five thousand dollars ($5000.00).  This Construction Deposit shall be held by Southbridge in a custodial account until construction of the home is completed, the landscape plan is fully implemented and any discrepancies identified in a final inspection report have been corrected.  Southbridge may draw upon the Construction deposit as necessary to cover, among other things, the cost to repair damage to other private or communal property and improvements caused by Builder or his sub-contractors and the cost of trash removal and routine maintenance if not performed by Builder as required by this Agreement.  The owner/builder grants Southbridge Architectural Review Committee/staff and/or its subcontractor(s) right of access to Owners property to perform such remedial activities as may be required.  Owner agrees to replenish such custodial accounts to the original amount upon notification that the account balance is three thousand dollars ($3000) or less. Should the deposit be insufficient to cover any fines or remedies, the fines may become a lien against the home until they are paid in full. Funds remaining at the time of Southbridge notification of final acceptance will be returned immediately to the Owner.
 
8.                  Upon written notification of a building guideline violation from the Design Review  Board, the Owner or Builder has seven (7) business days to remedy the violation.  After seven (7) business days, a fine of $100.00 will be debited weekly until the violation is resolved.
 
9.                  Working on Sunday, Holidays, and unauthorized hours is not allowed.  Strict observance of this guideline will allow our private security and existing residents to better determine when unauthorized persons are in the community. Work hours are 7:00 am Monday through Friday and not before 8:00am on Saturday.  All work shall cease by 6:00 p.m.
 
10.       The Owner or Builder shall immediately inform the Architectural Administrator of any transfer of interest in Homesite ownership or any change in Builder of said project and shall require the new party involved to execute a revised Building Construction Agreement.
 
11.     The Architectural Review approval expires one year after the date of this            
Agreement unless construction has started and is continuous thereafter.     Extension of the one year period for project completion will only be with the prior written approval by the Architectural Committee, and the deposit will be held until all work is completed.
 
This approval is limited to the Architectural Guidelines only and does not constitute acceptance by any other agency having statutory authority for such work.
 
IN WITNESS WHEREOF, the parties hereto do hereby accept and approve, without reservation, these terms and conditions.
 
__________________________________________         _________________
Property Owner                                                                    Social Security
 
_______________________________­___________         _________________
Builder                                                                                 Social Security
 
Chatham County Building Permit # ______________
 
$5000.00 Construction Deposit Received   ________   Check number______, or
 
Irrevocable Letter of Credit Received   ___________, or
 
Bank Letter Earmarking Construction Funds_______
 
___________                                                  ____________________________
Date                                                                Architectural Administrator
 
 
 
SAMPLE:   IRREVOCABLE LETTER OF CREDIT
FOR SOUTHBRIDGE
ARCHITECTURAL REVIEW COMMITTEE AND DESIGN REVIEW BOARD
 
 
Date:         __________
 
Bank:        __________________________________________     Phone:   ____________
 
Address:    __________________________________________     Fax:       ____________
 
                  __________________________________________
 
Contact:    __________________________________________
 
IRREVOCABLE LETTER OF CREDIT # ________ IN THE AMOUNT OF $ 5,000.OO
 
Applicant: _________________________________________    Phone:    ____________
 
Address:    _________________________________________    Fax:         ____________
 
                  _________________________________________
 
Contact:    __________________________________________
 
Beneficiary:   Southbridge Architectural Review Board (DRB)
                        2 Southbridge Boulevard
                        Savannah Georgia 31405
 
We hereby establish our Irrevocable Letter of Credit # _____ in favor of Beneficiary for the account of Applicant, up to the aggregate amount of $5,000.00 per lot, available by your draft(s) at sight on us marked”Drawn Under ____________<Bank Name>, Letter of Credit # ______” when accompanied by this original Letter of Credit and a signed and dated statement from the Beneficiary stating as follows:
 
CONSTRUCTION HAS NOT BEEN COMPLETED ON LOT (S) ___________SOUTHBRIDGE, ACCORDING TO APPROVED PLANS OR EXCESSIVE DAMAGE HAS BEEN DONE TO THE INFRASTRUCTURE IN SOUTHBRIDGE, WHICH ENTITLES BENEFICIARY TO DAMAGES UNDER AGREEMENTS BETWEEN APPLICANT AND BENEFICIARY.
 
LIABILITY HEREUNDER SHALL BE LIMITED TO $5,000.00 PER LOT.
 
We hereby undertake to honor draft(s) drawn under and in compliance with the terms of this Letter of Credit when accompanied by the documents specified above and presented at our counters prior to expiration.  This Letter of Credit shall remain in effect until released by Beneficiary or receipt of a clear Final Inspection Report.
 
This credit is subject to the Uniform Customs and Practice Documentary Credits (1993 Revision), International Chamber of Commerce Publication Number 500.
 
Very truly yours,
 
 
 
President     
 
 
 
Form # 1 Site Layout                                                                Date__________
 
Southbridge
Architectural Review Committee/Design Review Board
2 Southbridge Boulevard
Savannah Georgia 31405
 
Lot __________ Phase _____Street Address______________________
Builder ______________________Telephone_____________Fax _________
Address ________________________________________________________
Owner _____________________________________Telephone ___________
 
Chatham County Building Permit #__________________________________
 
Form#1.   Site Layout Inspection                                                                                                 Prior to removal of any trees. Call or fax this form to schedule an appointment for an on site review / approval.
 
Site Layout Inspection: A site inspection is required prior to clearing any homesite.
 
Orient your proposed home in accordance with the approved site plan. Clearly mark with pulled string, the property lines, setback lines and building perimeters. Homesite corners must be visible. All trees to be removed must be clearly marked with colored tape singularly or in groups.
 
Note: The Site Layout Inspection will not be conducted until the Building Construction Agreement is signed and construction deposit is received.
 
When determining the finished floor elevation during site clearing, drainage patterns should be established at this time to avoid serious future problems. A minimum 2% grade away from the home to natural undisturbed areas and/or existing drainage patterns is required. It is the sole responsibility of the Owner and Builder that these issues be adequately addresses during the construction process.
 
Finished first floor must be a minimum 2-ft. 4-in. above the highest grade elevation (typ.)
 
 
For ARC/DRB use only
Date Received __________
Approved  __________ Not Approved __________  Date ____Initial _________
Construction Deposit Received ________________ Date ____Initial _________
 
 
 
 
Form # 2   Dry In                                                                 Date ____________
 
Southbridge
Architectural Review Committee/Design Review Board
2 Southbridge Boulevard
Savannah Georgia 31405
 
Lot _______ Phase _______ Street Address ______________________
Builder_______________________Telephone____________Fax__________
Address________________________________________________________
Owner____________________________________Telephone_____________
 
Chatham County Building Permit # __________________________________
 
Form # 2.  Dry In / Exterior Elevations Inspection
Call or fax this form to schedule an appointment for an on site review / approval when exterior walls and roof are framed and exterior sheathing applied.
 
Dry In / Exterior Elevations Inspection: A site inspection is required when walls and roof are framed and exterior sheathing applied, to determine if the exterior elevations have been constructed according to the approved plans.
 
 
 
 
 
 
 
For ARC/DRB use only
Date Received __________
Approved  _________Not Approved _________ Date ________ Initial________
 
Comments:

 
Form # 3   Landscape                                                            Date____________
 
Southbridge
Architectural Review Committee/Design Review Board
2 Southbridge Boulevard
Savannah Georgia 31405
 
­­
Lot ________Phase _______Street Address ___________________________
Builder _______________________Telephone ____________ Fax _________
Address ________________________________________________________
Owner _________________________________Telephone _______________
 
Form # 3.   Landscape and Irrigation Inspection
Call or fax this form to schedule an inspection.
 
 
1.      First Inspection:   Required after the complete grade and preparation of the site has been accomplished in order to assess whether site conditions have been properly addressed to create positive drainage patterns prior to the installation of any irrigation, plant material, or sod.
 
2.      Second Inspection:  Required to assess whether the landscape and                              irrigation  installation comply with the approved plan as submitted.  If the landscape and irrigation are not installed according to the approved plan as submitted, the ARB/DRB may exercise it’s self-help to cure violations according to the Southbridge Building Construction Agreement Item #7 & #8.
 
 
 
 
 
 
For ARC/DRB use only
Date Received__________
Approved _________ Not Approved _________ Date ________ Initial ________
 
Comments:
 
 
 
Form # 4   FINAL INSPECTION                                                  Date ________
 
Southbridge
Architectural Review Committee/Design Review Board
2 Southbridge Boulevard
Savannah Georgia 31405
 
­­
Lot ________Phase _______Street Address___________________________
Builder _______________________Telephone ____________ Fax _________
Address ________________________________________________________
Owner _________________________________Telephone _______________
 
Form #4.   Final Inspection and Construction Refund Request
Call or fax this form to schedule an inspection.
 
Dumpster removed _______________       Portable toilet removed __________
 
Service areas screened                              Swimming pool
         air condition compressors______             pool fenced _______________
         trash receptacles ____________              pool equipment enclosed_____
         propane tanks _______________
 
Landscaping____________________        Drainage profile________________
         front yard__________________               front yard__________________                          
         rear yard __________________               rear yard __________________
 
Construction/dry debris                                Degradation of street____________
         adjacent lot_________________              curbs_____________________
         buffered area________________             sidewalk__________________
                                                                           gutters or catch basin________
Tempory electric pole removed______
Mailbox installed _________________
Sidewalk installed________________
 
Comments:
________________________________________________________________
________________________________________________________________
 
For ARC/DRB use only
Date Received__________
Approved _________ Not Approved _________ Date ________ Initial ________
Construction Deposit Released _____________ Deposit Held ____­­­­­__________
 
 
 
Form #  4.1       PRE-FINAL INSPECTION                           Date__________
 
 
Lot _______Phase__________ Street Address________________________
Builder____________________Telephone #____________Fax #__________
Address________________________________________________________
Owner ____________________Telephone #___________________________
 
 
 
 
Dear
 
A final inspection was completed on your property.  Attached is a checklist noting corrective action before release of the construction deposit.  Should it be necessary for an owner to occupy the residence before completion, a pre-final inspection may be requested. 
 
 
 
CONTRACTOR QUALIFICATIONS STATEMENT
 
 
NAME: ____________________________ PH: __________________________
 
 
ADDRESS: ___________________________________ CELL: ________________________________
 
 
LICENSE # : __________________________________ FAX: _________________________________
 
 
TYPE OF ORGANIZATION:   ______CORPORATION _____PARTNERSHIP_____INDIVIDUAL_____ LLC_______
 
 
MEMBER OF HOME BUILDERS ASSOCIATION OF SAVANNAH _____________YES _______________NO
 
 
HBA MEMBERSHIP #:  ______________________________________
 
 
 
FULL TIME BUILDER                 ____________YES , SINCE____________________                        _________NO
 
 
 
 
 
1.        PROJECTS AND /OR HOMES BUILT WITHIN LAST 2 YEARS (Please Submit Photos)
 
 
NAME: ________________________________________    ADDRESS:    ________________________________
 
Date Started ____________________________________         Date Finished ________________________________
 
 
NAME: ________________________________________    ADDRESS:    ________________________________
 
Date Started ____________________________________         Date Finished ________________________________
 
 
NAME: ________________________________________    ADDRESS:    ________________________________
 
Date Started ____________________________________         Date Finished ________________________________
       
 
 
2.        REFERENCES
 
TRADE REFERENCE  (HVAC, Electrical, Plumbing)
 
 
NAME OF  COMPANY : ________________________________________________________________________
 
CONTAC NAME:    ______________________________________________   PHONE #: ___________________
 
 
NAME OF  COMPANY : ________________________________________________________________________
 
CONTAC NAME:    ______________________________________________   PHONE #: ___________________
 
 
NAME OF  COMPANY : ________________________________________________________________________
 
CONTAC NAME:    ______________________________________________   PHONE #: ___________________
 
 
3. BUSINESS ACCOUNT /SUPPLIERS REFERENCES
 
 
 
NAME OF CREDITOR: ______________________________________________________________________________________
 
ADDRESS:  ____________________________________________ PHONE & FAX #:  ___________________________________
 
 
(BELOW TO BE FILLED OUT BY CREDITOR)
 
DATE OPENED:_______________________________ HIGH CREDIT:_______________________________________________
 
TERMS:_______________________________________ BALANCE: _________________________________________________
 
==============================================================================================
 
NAME OF CREDITOR: ______________________________________________________________________________________
 
ADDRESS:  ____________________________________________ PHONE & FAX #:  ___________________________________
 
 
(BELOW TO BE FILLED OUT BY CREDITOR)
 
DATE OPENED:_______________________________ HIGH CREDIT:_______________________________________________
 
TERMS:_______________________________________ BALANCE: _________________________________________________
 
 
NAME OF CREDITOR: ______________________________________________________________________________________
 
ADDRESS:  ____________________________________________ PHONE & FAX #:  ___________________________________
 
 
(BELOW TO BE FILLED OUT BY CREDITOR)
 
DATE OPENED:_______________________________ HIGH CREDIT:_______________________________________________
 
TERMS:_______________________________________ BALANCE: _________________________________________________
 
 
 
4. BANK REFERENCE
 
 
NAME OF BANK: ____________________________________________________ CO NTACT: ____________________________________
 
PHONE  & FAX # : ____________________________________________________ ACCOUNT NUMBER: __________________________
 
(BEFOW TO BE FILLED OUT BY BANK)
 
DATE OPENED: _____________________________________________ NSF PAST 3 MONTHS: __________________________________
 
BALANCE: _________________________________ CURRENT: __________________________ AVG.:_____________________________
 
 
Everything  that I have stated in this application is correct to the best of my knowledge. I understand that you will retain this application whether or not it is approved. You are authorized to check my credit and employment history and to answer questions about your credit history with me.  I agree that, except as other wise prohibited by applicable law, you may provide this application to Southbridge Development Co, Inc. and its subsidiaries and affiliates.
 
 
________________________________________________         ____________________________________________________
SIGNATURE OF APPLICANT                                                   SIGNATURE OF CO-APPLICANT
 
________________________________________________          ___________________________________________________
PRINT NAME                                                                         DATE