DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF
ELKMONT RV RESORT PROPERTY OWNERS ASSOCIATION, INC
THIS DECLARATION is made on the date hereinafter set forth by Elkmont RV Resort Property Owners Association, Inc. (hereinafter referred to as “The POA” ), a property owners association formed under the laws of the State of Georgia on August 12, 2009.
WHEREAS, The POA is an association of owners of a Development containing both individually owned lots and lots deeded to common area, said Development commonly known as Lots 1-186, Elkmont RV Resort, located in White County, Georgia, and more specifically described as follows:
All that tract or parcel of land lying and being in Land Lot 133, 134, and 156 of the 3rd Land District of White County, Georgia, being all of the property described in a plat of survey for Elkmont Resort, as originally delineated on a Plat of Survey dated December 22, 2000, recorded in Plat Book 48, Pages 118-121, Office of Clerk, Superior Court, White County, Georgia, and last revised as per the Final Plat recorded on September 25, 2009, in Official Records Book 64, Page 151, in the Official Records of White County, Georgia (the “Revised Plat”).
Said property above described having been conveyed to The POA by virtue of a Warranty Deed dated October 31, 2009, recorded on December 22, 2009, in Official Deed Records Book 1340, Page 509-511 of White County, Georgia.
NOW THEREFORE, The POA is desirous of establishing new covenants, restrictions and conditions (hereinafter the “Declaration”) for the purpose of protecting the value and desirability of the Property. The Declaration shall run with the real property and be binding on all parties having any right, title or interest in the described Properties or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each Lot Owner thereof. All covenants previously governing the use, conditions, and rules of ownership for the property owned by the membership of The POA are hereby replaced in full and shall hereinafter be null and void.
Nothing contained in these covenants is intended to supersede the laws either of White County or the State of Georgia, and where a conflict or inconsistency is deemed to exist, the laws of the State and County shall prevail.
1.01 "Common Area" shall mean all real property owned by The POA for the common use and enjoyment of the Owners.
1.02 "Elkmont Management" shall mean and refer to the Board of Directors as duly elected by the members of The POA pursuant to the By-Laws.
1.03 "Grandfathered Improvement” shall mean and refer to any improvement or structure made or built on a Lot prior to the date of recordation of this Declaration.
1.04 "Lot" shall mean and refer to any deeded plat of land or parcel shown on the Revised Plat as hereinabove described of the Properties with the exception of the Common Area and any portion of any roadway even though all or a portion of said roadway may lie within the boundaries of numbered Lots.
1.05 "Lot Owner" shall mean and refer to the record owner, whether one or more persons or entities of a fee simple title to any Lot which is part of the Property, including contract sellers, but excluding those having interest merely as security for the performance of an obligation.
1.06 “Lot Owner in Good Standing” shall mean and refer to a Lot Owner having paid all assessments and/or liens and having cured or remedied any violations of which Lot Owner has received written notification by Management.
1.07 "Out Structure" shall mean and include all structures outside of RV Unit, including but not limited to decks, porches, patios, gazebos and storage buildings.
1.08 “POA" shall mean and refer to Elkmont RV Resort Property Owners Association, Inc. their successors and assigns.
1.09 "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of The POA
1.10 "RV Unit" stands for Recreational Vehicle and shall refer to a park model, a park model cabin, fifth wheel, travel trailer, Class A, Class B and Class C motor homes.
PROPERTY RIGHTS AND OBLIGATIONS
Lot Owners' Easement of Enjoyment and Ingress and Egress
2.01 Every Lot Owner shall have a right of easement and enjoyment in and to the Common Areas, if any, and right of passage across the roads which rights shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
2.02 The POA reserves the right to dedicate or transfer any of the roadways of the subject property to White County, Georgia, and Lot Owners owning land hereunder authorize The POA to execute any and all deeds and/or easements to White County, Georgia, for the transfer of the platted roadways.
2.03 The above described Properties remain subject to easements, if any, existing now or granted in the future by The POA, for ingress and egress of White County, Georgia.
Delegation of Use
2.04 Any Lot Owner in Good Standing may delegate his or her right of enjoyment to the Common Area and facilities and rights of ingress and egress across the roads to the members of his or her family, and guests.
2.05 No Lot Owner may rent or lease their property.
2.06 The POA may extend roads within the boundary line of the original property described hereinabove. This is specifically to allow inclusion into development, and/or access to adjoining contiguous lands owned by The POA.
2.07 Lot Owners, legal representatives, heirs, successors & assigns agree to abide by all State of Georgia and White County laws, rules, regulations and nothing contained in these covenants shall supersede said laws, rules and regulations of either the State of Georgia or White County.
2.08 The payment of property taxes is the Lot Owner's obligation.
2.09 Pursuant to Georgia law, every RV Unit must have a current vehicle registration. Questions regarding the appropriate place of registration should be referred to either Lot Owner’s attorney or the Tax Commissioner’s office of either White County or the Lot Owner’s county of residence.
COVENANT FOR ANNUAL AND SPECIAL ASSESSMENTS
Creation of the Lien and Personal Obligation of Assessments
3.01 Each Lot Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agrees to pay to The POA (1) an annual assessment or charge which as of January 1, 2012 is $330.00 per Lot, and (2) special assessments for capital improvements, including repairs to and replacements thereof. Such assessments to be established and collected as hereinafter provided. The POA herein is expressly not included for payment of any annual or special assessment fees. The annual and special assessments, together with interest, costs, and reasonable attorney fees, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney fees shall also be the personal obligation of the person who was the Lot Owner of such Property at the time when the assessment fell due. Assessments are due January 1st of each year thereafter.
Purpose of Assessments
3.02 The assessments levied by The POA shall be used exclusively to promote the recreation, health, safety and welfare of the Lot Owners in Elmont RV Resort and for the improvement and maintenance of the Common Area and roads, provided roads are not County maintained.
Maximum Annual Assessment
3.03 Elkmont Management reserves the right, if it deems necessary, to increase annual assessments at a rate of 5% or the cost of living, whichever is greater. Lot Owner will be notified of the increase in assessment by Elkmont Management not less than thirty (30) days prior to the due date of the assessment by mailing such notice either electronically or by first class mail to the address of the Lot Owner on file with Elkmont Management.
Special Assessments for Capital Improvements
3.04 In addition to the annual assessments authorized above, The POA may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement on any capital improvement upon the common area, including fixtures and personal properly related thereto, provided that any such assessment shall have the assent of fifty-one percent (51 %) of the Lot Owners in Good Standing, voting either in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Lot Owners not less than thirty (30) nor more than ninety (90) days in advance of the meeting. As an alternative, special assessments may be voted upon during the annual meeting provided the notice of the annual meeting specifically includes notice of the proposed special assessment.
Uniform Rate of Assessment
3.05 Annual assessments must be fixed at a uniform rate for all Lots and must be collected on a yearly basis on January 1 of each year. Special assessments, if needed, will be due 30 days after approval or as specified in the assessment notice.
Effect of nonpayment of Assessment: Remedies of The POA.
3.06 Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen percent (18%) per annum. Remedies for non-payment of any assessment within the thirty (30) day period above defined include the right of The POA to bring an action at law against the Lot Owner personally obligated to pay the same, file a lien against the offending property among the deed records of White County, Georgia, and foreclose said lien against the property of that Lot Owner subject to the limitations under Georgia State Statutes. No Lot Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the roads or Common Area or abandonment of his Lot.
3.07 Lot Owners over thirty (30) days delinquent in payment of assessment fees will be denied their voting rights along with their rights to the enjoyment of or access to any of the common areas, including but not specifically limited to swimming pool, pavilion area, laundry and bath facilities until such time as assessment and any late fees and charges accrued thereon have been paid in full.
3.08 The merging of more than one lot into a single parcel in the deed records of White County, Georgia does not in any way relieve the Lot Owner from the liability for payment of the assessment per lot as originally platted.
4.01 Lots are for recreational purposes only. Commercial purpose buildings, commercial businesses and commercial signs are prohibited.
4.02 RV Unit “park models” must be commercially constructed off premises. No “stick built” from the ground up structures other than Out Structures are permitted.
4.03 Carports of any kind are not allowed. A shed roof may be attached to outbuilding for golf cart parking with pre-approval by a majority of Elkmont Management.
4.04 No Lot shall be subdivided. Only one RV Unit per lot is permitted.
4.05 Once ground is broken, for all RV Units and Cabins, a driveway reaching the end of the RV Unit must be in place within thirty (30) days. Within that same thirty (30) day period, approved pads must be in place for fifth wheels and travel trailers. Said pads must be solid concrete or concrete runners, unless otherwise pre-approved by a majority of Elkmont Management. Site preparation for Park Model Cabins must comply with White County Codes. County permit is required to place Park Model Cabin on lot. The percentage of lot coverage by impervious material is governed by the laws and building codes of White County. A County permit is required for pouring concrete or asphalt.
4.06 Lots shall not be used for open storage of materials other than for construction materials as specified under paragraph Article IV, paragraph 4.32 of this document. Storage is permitted under RV Units provided stored items are completely blocked from view by approved skirting.
4.07 Television and radio antennae shall be of RV standard type or HD satellite dish. Placement of satellite dishes other than those attached to an RV Unit or out structure shall be approved by a majority of Elkmont Management. Satellite dishes are not permitted on rights of way.
4.08 Clotheslines and/or clothes poles are not permitted.
4.09 The use of washing machines is not permitted in individual RV Units, Cabin or storage units. Laundry facility is located within Elkmont RV Resort.
4.10 RV Units unoccupied for extended periods must nonetheless be maintained. Structures must be cleaned as required in Article IV, Paragraph 4.54, and lawns must be mowed and maintained regularly. Once grass or weeds exceed twelve inches (12”) in height, a notice will be sent to the Lot Owner by email or US mail. If violation is not remedied within 10 days, the POA will hire an outside contractor to correct the violation at the Owner’s expense.
4.11 In the event of any damage to an RV Unit or out structure, the Lot Owner must repair or remove the damaged RV Unit or out structure, along with all debris, within thirty (30) days of damage occurrence.
4.12 RV Units including park models and cabins cannot be stored on lots unless parked on approved parking pad and connected to utilities.
4.13 Lot Owners cannot stay on lot without utilities and parking pad in place. Connection to utilities other than those assigned to the Lot is prohibited, e.g., extending water hoses or extension cords from one lot to another.
4.14 No boat, utility trailer, or inoperable vehicle of any kind may be stored on Lot Owner's Lot.
4.15 Golf carts, either gas or electric, are permitted, and may be stored on Lot Owner’s Lot. Golf carts must be equipped with lights for night driving. A licensed driver must be in the cart while on Elkmont RV Resort Property. Only licensed drivers are allowed to drive golf cart outside of gated area of Elkmont RV Resort.
4.16 Other than golf carts, motorized vehicles designed primarily for off road use are not permitted other than in areas specifically designated for storage. Such prohibited vehicles include but are not specifically limited to motorbikes, 4 wheelers, 3 wheelers, dune buggies, and go-carts.
4.17 Tarpaulins, plastic sheeting or similar materials cannot be used to cover outdoor furniture, fireplaces, outdoor grills, cars, motorcycles, or any other items. When leaving Elkmont RV Resort for more than twenty-four (24) hours, Lot Owners must store all such items in Out Structures or cover the items with covers specifically made for that purpose.
4.18 Outside trash cans are permitted, but must be stored either in Out Structure or RV Unit when Lot Owner leaves lot for more than twenty-four (24) hours.
4.19 One sign stating Lot Owner’s name and Lot number is permitted, subject to the size limitation hereinafter defined. “For Sale” signs are allowed. Other signs, billboards and posters are not permitted unless pre-approved in writing by a majority of Elkmont Management. No signs in excess of 300 square inches will be allowed.
4.20 One freestanding flagpole is allowed to display the flag of the United States of America. Flagpole can be a maximum of 16' above ground level and no more than 3 inches in diameter. Flag dimensions shall be a maximum of 3' x 5'. Merged Lots of two or more Lots can have only one flag for all merged Lots. Decorative or welcome flags not larger than 2' x 3' may be hung from RV Unit or out structure.
4.21 Structures or derricks designed for the boring of oil, natural gas or minerals arc prohibited. Mining, quarrying, soil refining, and well drilling are prohibited.
4.22 Farm or other large animals including but not limited to livestock, horses, cows, hogs, and poultry are prohibited. Acceptable animals are domestic dogs, cats, birds or fish.
Out Structure Standards
4.23 Design integrity and compliance with State & County requirements and Elkmont RV Resort Covenants is the responsibility of the Lot Owner. Lot Owner must obtain all required permits.
4.24 One storage building per Lot is allowed. The footprint of the storage building, including porch, if installed, cannot exceed 12’ x 16’, height not to exceed 10’. Storage buildings shall be of wood, tongue and groove or "log" veneer. Outside must be stained with natural wood stain to match natural setting. Painting of out structures other than the aforementioned natural wood stain is not permitted. Roofing shall be shingles, brown in color or metal roof either in red or green to match park model cabin. Windows are permitted in out building, either wood or aluminum frame, and finished in matching building color.
4.25 Storage building not built directly on concrete foundation must have wood or vinyl lattice skirting in a color to match the Storage Building
4.26 Storage buildings shall be for storage only. Storage buildings may not be utilized for habitation either permanently or on a part-time basis.
4.27 No Out Structure may be attached to RV Unit.
4.28 No roof may be built over RV Unit. Re-roofing or other repairs to assure the habitability of the RV Unit must be pre-approved by a majority of Elkmont Management, which approval shall not be unreasonably withheld.
4.29 Per White County ordinances for RV Parks, Out Structures may not contain any plumbing. Private septic systems are not permitted.
4.30 Gazebos are permitted. Dimensions must be approved by a majority of Management.
4.31 Screened rooms cannot be attached to Out Structures. All walls must be at least 50% screen.
Maximum square footage under roof of screened room shall not exceed four hundred (400) square feet. Screened room and screened porch shall be considered the same. Only one such structure per Lot is permitted.
4.32 All wood Out Structures including, but not limited to decks, porches, screened rooms, fences (other than split rail) must be maintained, kept in good repair and immediately stained when unit starts to show signs of mildew or weathering.
4.33 Plans and locations for Out Structures including, but not limited to storage buildings, screened rooms, porches, decks, patios, gazebos must be submitted to Elkmont Management for approval. Failure of Elkmont Management to respond in writing as to the approval/disapproval within thirty (30) days shall constitute an approval of the plans as submitted.
4.34 Permits issued by White County are required for all projects. Prior to commencing work, the Lot Owner must post the permit in a visible location on the Lot.
4.35 All Out Structures must be located at least five feet from property line. Any Out Structure built after January 1, 2005 shall be at least fifteen feet from the outside boundary line of the Elkmont RV Resort.
4.36 Lot Owners or an assigned designee must be physically on site while construction is in progress. It is the Lot Owner's responsibility to accept construction material deliveries and let contractors and maintenance personnel inside the Elkmont RV Resort. Contractors working on site must have an insurance certificate on file with Elkmont RV Resort management listing Elkmont RV Resort POA, Inc. as "Certificate Holder".
4.37 Construction for any Lot improvement must be completed within thirty (30) days from commencement.
4.38 Construction material for any lot improvement may be stored on lot for a period not to exceed fifteen (15) days from delivery of such materials to commencement of construction.
4.39 For the peace and tranquility of the Elkmont RV Resort, construction can only take place from 8:00 AM to 7:00 PM, local time.
4.40 All construction debris and excess construction materials must be removed from Lot within fifteen (15) days of completion of work. Lot Owner must furnish dumpster, remove debris themselves or arrange for collection of all construction debris. DO NOT PLACE CONSTRUCTION MATERIAL IN PARK DUMPSTER.
4.41 Lot Owner must take whatever steps necessary to determine before digging or driving an object into the ground, that the action will not rupture or interfere with any underground cables or pipes. The Lot Owner shall be responsible for any required repairs to damaged cables or pipes.
4.42 Lot may remain dormant as long as Lot Owner makes no improvements. Minimum landscaping must be completed within thirty (30) days of breaking ground. Landscaping must include, but is not limited to, planting grass or ground cover around immediate living area, removal of dead trees and debris. All lots must have grass or other ground cover, provided such other ground cover is approved by a majority of Elkmont Management. Weeds and wild grass are not considered ground cover. Mulch cannot be used as primary ground cover.
4.43 Major landscaping consisting of, but not limited to fencing, landscape timbers, crossties, stone and other decorative and ornamental rocks, trees, fountains, waterfalls, retaining walls, and statuary must be approved by a majority of Elkmont Management. A plan must be submitted and approved before work can begin Failure of Elkmont Management to respond in writing as to the approval/disapproval within thirty (30) days shall constitute an approval of the plans as submitted.
4.44 Fences are allowed within the boundaries of Lot Owner’s Lot and may not encroach on any right of way. Fencing must be of either the rustic split rail type or the shadow box type. No fence shall be over four (4) feet tall except on Elkmont RV Resort property boundary, which may be approved up to 8’ tall. Shadow box fences must be stained in natural wood to match other out structures. Any exceptions must be pre-approved by a majority of Elkmont Management. Failure of Elkmont Management to respond in writing as to the approval/disapproval within thirty (30) days shall constitute an approval of the plans as submitted
4.45 Hedges and shrubs may he planted and must be maintained. Planting of flower gardens and evergreens is encouraged.
4.46 To remediate mosquito infestation, all ponds, fountains, waterfalls, and any and all vessels containing water must either be "flowing" at all times or chlorinated, except bird baths where the water must be “flowing” or changed daily.
4.47 All Lot Owners must maintain Lot on a regular basis, whether occupied or dormant. During summer season grass should be cut and maintained at least every two (2) weeks. Lot Owner may choose to have a lawn service. In such case Lot Owner must provide Elkmont Management with a name and schedule of when service is expected. Lot Owner is responsible for liability insurance for lawn maintenance.
4.48 All lawn maintenance involving noises created by lawn mowers, leaf blowers, weed eaters,
tractors, etc. shall be permitted between the hours of 8:00 AM and 7:00 PM.
4.49 Repairs of any damage or removal of any debris occurring on adjoining lots during the removal of trees and/or any lot maintenance are the responsibility of the Lot Owners initiating the landscaping work.
RV Unit Requirements
4.50 Only commercially manufactured RV Units in good condition are permitted in Elkmont RV Resort. Good condition means but is not limited to RV Units that are clean and in good repair. The approval or disapproval of any RV Unit entering the premises is at the discretion of a majority of Elkmont Management
4.51 Tent camping, popup campers, homemade trailers, and converted vehicles are not permitted in Elkmont RV Resort with the exception of cleaning, packing and unpacking, not to exceed 24 hours, after which they must be stored appropriately.
4.52 RV Units must be at least twenty-six (26) feet long and cannot exceed forty-five (45) feet in length. On travel trailers, the length is measured from the front of the ball in the tongue of the trailer to the farthest side of the original rear bumper. On 5th wheels, the length is measured from the front of the pin to the back of the original rear bumper.
4.53 All park model cabins must be set up according to manufacturer's specifications. All park model cabins must have skirting in place within thirty (30) days of placing park model on Lot. Skirting must be wood or vinyl and must be in a color to match the RV Unit.
4.54 All RV Units must be cleaned and maintained as necessary. Wood park model cabins must be washed and resealed/re-stained as necessary. All other RV Units must be washed at least annually.
4.55 All RV Units except park models and park model cabins must have two (2) holding tanks, one for gray water and one for black water. All RV Units must have a knife valve to open and close holding tanks. Septic hoses and/or tubes must contain a trap mechanism to reduce fumes venting from septic system and must be threaded to have an absolute seal. PVC may be used for septic drain. The septic system is set up for RV Unit use only.
4.56 LP gas bottles shall be no larger than forty (40) pounds. No more than two (2) LP gas bottles per RV Unit are permitted. In addition, one standard size LP gas tank is allowed for outdoor grills.
4.57 All electrical service entrances not to exceed 100 amps must be approved by the local building department.
4.58 Gutters and downspouts on park model cabins must be metal and of the same color as roof or brown in color.
4.59 Park model cabins shall have either red or green metal roof. Exterior shall be siding approved by a majority of Elkmont Management.
4.60 Park model cabins must have a landing and/or porch or deck. Steps cannot come directly off park model cabin.
4.61 No roof over porch or deck may be more than eight (8) inches above motor homes, travel trailers and 5th wheels and in no condition may extend over the RV Unit.
4.62 Under-pinning for all permanently installed RV Units must be concealed by skirting.
4.63 All RV Units must be set up on the Lot with the ability to be moved within a twenty-four
(24) hour period.
4.64 RV Units are allowed to stay on Lot Owner's lot 365 days a year without removal. Lot Owner must vacate lot fourteen (14) days per calendar year. Each Lot Owner is required to furnish The POA with a physical address of permanent residence.
GENERAL RESORT RULES
5.01 Quiet hours are from 10:00 PM to 8:00 AM.
5.02 No RV Unit generator can be used after 10:00 PM.
5.03 Speed limit inside Elkmont RV Resort is 10 MPH. Lot Owners driving any vehicle at excessive speeds will be and is enforceable by City, County or State law enforcement officials. All "one-way" directional signs must be observed. Any manner of reckless behavior regarding motorized vehicles is prohibited.
5.04 Bicycles are permitted. If ridden after dark, all bicycles must have a front light and rear reflector. Bicycles must be stored out of sight when leaving Elkmont RV Resort for more than fourteen (14) days.
5.05 Motorcycles, motor scooters, motorbikes and other vehicles of that type which are licensed and equipped with a noise-restricting muffler may be used for ingress and egress from public
roads to individual Lots .
5.06 Two vehicles are allowed per lot. Vehicles shall be parked in designated parking areas only. Parking is not permitted along streets, greenways or areas not specifically designated for parking. Vehicles not road worthy or non-operational must be promptly removed from Lot Owner's Lot.
5.07 Campfires are allowed, but must be contained in an approved outside fireplace. Campfires may not be left unattended and must be extinguished upon completion of use.
5.08 Do not allow garbage to accumulate on Lot. A trash dumpster is located within the Elkmont RV Resort for the sole use of Lot Owners and guests. Only household trash is allowed in dumpster. No trash may be placed outside of dumpster.
5.09 All Lot Owners receiving mail must have a P.O. Box or a mailbox purchased from The POA. Mail cannot be received by Elkmont Management on behalf of Lot Owner nor at the Elkmont address of 3177 Helen Highway.
5.10 Household pets, not to exceed two (2) per unit, are allowed. Pets must be contained in a controlled manner while on Lot Owner's Lot. Georgia state law requires that all pets be on a leash when on public property and in Common Areas. Leashes shall be no longer than twenty (20) feet. Pets cannot be tied on a rope or leash in yard without supervision. Rope or leash shall be no longer than twenty (20) feet. Lot Owners with vicious animals or pets causing a nuisance will be asked to remove such animals from the Elkmont RV Resort immediately. Owners are required to pick up after pets. Do not let pets go into other Lots without permission from Lot Owner
5.11 Entering upon the lot of another Lot Owner without permission is prohibited and will be considered trespassing.
5.12 Hunting is not permitted. The display or shooting of any firearm is prohibited including, but not limited to, archery, bow hunting, yard darts, blow or pellet guns. Use of bow and arrow is prohibited. Fireworks of any kind are prohibited on Elkmont RV Resort property.
5.13 Offensive and/or nuisance activity that violates the reasonable and quiet enjoyment of others within Elkmont RV Resort is not permitted.
5.14 Swimming pool rules as required by the State of Georgia are posted in pool area. Elkmont Management will ask anyone not observing rules to leave pool and/or pool area immediately. Swimming pool use is for Lot Owner, Lot Owner's guests and guests of the Elkmont RV Resort only. Persons must be at least 14 years of age except when accompanied by an adult. Lot owners should be present when guests are in the pool area unless Elkmont Management is notified in advance
5.15 The bathhouse, including the restroom located at the swimming pool, is to be used in conjunction with the use of the Swimming pool and Laundry facilities and is not to be used by the Lot Owners and their guests for daily repetitive use.
5.16 Each lot owner is responsible for the conduct of family and guests while visiting Elkmont RV Resort. Visitors must abide by Elkmont RV Resort covenants and restrictions.
5.17 No motor home of any type can be used as transportation within Elkmont RV Resort.
GATED ENTRANCE ACCESSIBILITY
6.01 At closing, the seller of each Lot shall provide the purchaser with one remote access device to open the gate. Additional access devices may be purchased through Elkmont Management.
6.02 Access by maintenance personnel, contractors or construction workers must be provided by the Lot Owner or his/her designee. Remote access devices may not be given to non Lot Owners on either a temporary or permanent basis.
6.03 White County Sheriff’s Department shall have the right to enter and (for law enforcement purposes) patrol the streets of Elkmont RV Resort and enforce therein all applicable White County ordinances, the Georgia Motor Vehicle Code, and Provisions of the Georgia Criminal Code. Emergency vehicles of all kinds shall have the right to enter Elkmont RV Resort.
ELKMONT MANAGEMENT RIGHTS AND RESPONSIBILITIES
7.01 Elkmont Management will manage and maintain the Elkmont RV Resort, but is not involved whatsoever in the resale of any Lot.
7.02 Elkmont Management reserves the right to approve and grant variances for lot owners to the Restrictive Covenants on a case by case basis provided that approval of such variances is deemed by a majority of Elkmont Management to fit within the overall aesthetics of Elkmont RV Resort and could be beneficial to the value of the Lots within Elkmont RV Resort. Requests for variances must be submitted in writing along with drawings of the proposed improvement. Failure of Elkmont Management to respond in writing as to the approval/disapproval within thirty (30) days in writing shall constitute an approval of the plans as submitted. Any departure by Lot Owner from the approved plans shall cause the variance approval to be rescinded.
RIGHT OF ENFORCEMENT
8.01 The restrictions contained herein shall inure to the benefit of The POA, each Lot Owner, legal representatives, heirs, successors and assigns and shall be enforceable by The POA.
8.02 In the event of a violation or breach of any restriction contained in these covenants, Elkmont Management shall give written notice by certified mail to the Lot Owner, setting forth in reasonable detail, the nature of such violation or breach, and the specific action or actions needed to be taken to remedy such violation or breach. If the Lot Owner shall fail to take reasonable steps to remedy such violation or breach within thirty (30) days after such written notice then The POA shall have both the Right to Levy Fines as more specifically defined below in Paragraph 8.03, along with the Right of Abatement when appropriate and as defined below in Paragraph 8.05.
8.03 The Right to Levy Fines, as used herein, means the right of The POA to assess fines against Lot Owners who have failed to cease or remedy any violation of a covenant, said violation not otherwise subject to or curable in The Right of Abatement. Elkmont Management, upon identifying a violation subject to the levy of a fine, shall notify the Lot Owner by written notice delivered by certified mail to the Lot Owner. The written notice shall set forth in reasonable detail the nature of such violation or breach, and the amount of the fine to be levied should the Lot Owner not take action to remedy the violation within thirty (30) days of the date of receipt of the notice. If the Lot Owner refuses the certified delivery, then the date of receipt shall be deemed to be the date of the first attempt by the United States Post Office of delivery. The minimum fine assessed will be $10.00 per day, and the maximum fine per day shall be $20.00. Daily fines shall continue on each violation until each violation has been remedied.
8.04 Remedies available to The POA in the event of failure to pay an assessed fine shall include the right to pursue a civil judgment against the Lot Owner, which judgment along with all court costs, collection costs and reasonable attorneys’ fees shall together bear interest at the highest rate permitted by law, and the right to file a lien against the Lot Owner’s Lot.
8.05 The Right of Abatement, as used herein, means the right of The POA, through Elkmont Management, its agents and employees, to enter at all reasonable times upon any lot, as to which such violation, breach or other condition to be remedied exists, and to take the actions specified in the notice to the Lot Owner to abate, extinguish, remove or repair such violation, breach or other condition which may exist thereon contrary to the provisions thereof, without being deemed to have committed a trespass or wrongful act solely by reason of such entry and such actions, provided such entry and such actions are carried out in accordance with the provision of this Article and paragraph, and with the cost thereof, including the cost of collections and reasonable attorney's fees, together with interest thereon at the lower of the highest rate permitted by law of twelve percent (12%) to be a binding personal obligation of such Lot Owner enforceable in law, as well as a lien on such Lot Owner's Lot as provided herein. Such lien shall be superior to any and all charges, liens or encumbrances which may in any manner arise to be imposed upon the Lot after such entry whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage, deed to secure debt, or other instrument, excepting (1) such liens for taxes or other public charges as are by applicable law made superior, (2) the liens already placed on record in the White County, Georgia record room due to a prior violation of the covenants, bylaws, or any rules, regulations, use restrictions, or design guidelines promulgated by The POA and (3) all deeds to secure debt given to secure a loan, the proceeds of which are used to purchase a Lot or Lots (together with any and all structures which any from time to time be placed on located thereon).
8.06 Nothing contained in these covenants shall be deemed to affect or limit the rights of The POA or any Lot Owner to enforce the covenants by appropriate judicial proceeding or to recover damages. However, it is hereby declared that it may be impossible to measure accurately in money the damages which will accrue to a beneficiary hereof, its transferees, successor or assigns, by reason of a violation of, or failure to perform any of the obligations provided by these covenants; and, therefore any beneficiary hereof shall be entitled to relief by way of injunction or specific performance, as well as any other relief available at law or in equity, to enforce the provisions hereof.
8.07 The failure of The POA, the Lot Owner of any Lot, his or its respective legal representatives, heirs, successors and assigns, to enforce any restrictions herein contained shall in no event be considered a waiver of the right to do so thereafter, as to the same violation or breach or as to any violation or breach occurring prior or subsequent thereto.
8.08 Invalidation of any one of these covenants or restrictions by judgment or court order shall in
no way affect any other provisions, which shall remain in full force and effect.
8.09 The covenants and restrictions of the Declaration shall be with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall he automatically extended for successive periods often (10) years. This Declaration may he amended during the first twenty (20) year period by an agreement of lot owners of lots to which two thirds (2/3) of the votes in the association pertain. Any amendment must be recorded in accordance with state laws governing Property Owners Associations. All Lot Owners will be subject to the Declaration as may be amended in accordance with the requirements above defined, effective upon the date of recordation thereof. Notwithstanding the applicability of these covenants as may be amended from time to time to all owners regardless of Lot purchase date, all improvements existing as of the date of the recordation hereof in the deed records of White County and meeting the definition of Grandfathered Improvements shall be permitted. Replacements and/or additions to existing Grandfathered Improvements must comply with these covenants and any amendments thereto.
9.01 Lot Owners, their heirs, executors, administrators, leases, invitees, guests and assigns do waive on behalf of himself and these stated parties all rights, claims and causes of action which he and said parties may have for all claims for injuries, damages or losses whether known, unknown, foreseen or unforeseen. This express waiver is to be effective for the benefit of The POA, and each Lot Owner herein and includes, but is not limited to, the maintenance, construction, use and operation of the roads of Elkmont RV Resort. Persons accepting Properties subject to this document understand and acknowledge the significance and consequence of this provision and specifically understand that all rights, claims and causes of action INCLUDING NEGLIGENCE are included herein.
ELKMONT RESORT PROPERTY OWNERS ASSOCIATION
MEMBERSHIP AND VOTING RIGHTS
10.01 Lot Owner will have one (1) vote for every Lot owned. In the event multiple owners hold an interest in any lot and cast more than one (1) vote, the vote first cast and received shall prevail.
10.02 The members of The POA shall create and maintain a Board of Directors to govern its affairs; the number, term and composition of which is defined in the By-Laws.