Rivers Run Villa's HOA Cov't & Rest

8/9/2019 Rivers Run Villa's HOA Cov't & Rest

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May-?0-03 ll:?3an FrorBERll$TElll, ITAIR I I[ADA[|S 86tte2803t T-726 P i3/14 F-599

THIS INSTRUMENT WAS PREPARED BY:Celesle H. Herbert, Esq,Bernstein, $tarr & Mc-{dams t-l-P530 S. Gay Street. Suite 600Knoxville, Tennessee 37902(865)546030

THIS DEGLARATION, made on the date hereinafter set forth hy Rivers RunProperties, lnc.. hereafier referred to as *Declarant."WITNESSETH

WHFREAS, Declarant r,vas the or,vner of certain pluperty within the City ofOaK Rrclge, County of Anqerson, Strate of Tennessee, a rnore particulardescriplion of which is shown as Exhibit A, atHchecl hereto and slill owns amajority of the lots in said developrnent;NOW, THEREFORE, Declarant has previously declared that all of tnepropenies described above woulcl be held and sold subject te covenants andconditions, which are for the purpose of protecting the value and desirabiliry of,ancl which shall.run with the real propeny and be binding on all parties havingany right, tille or interest in the cleseribed properties or any pail thereof, tneirheirs, successors, and assil;ns, and shall inure Io fie benefit of each ownerthereof by vinue of the declaration of covenants, conditions, and reslrictions ofRivers Rr.rn Fropertres Homeowne Association recorcled in Booh 10007,commencing at Page 4l and continuing thereafter thouQh Page 58 in theRegistefs Office forAnderson County, Tennessee, andNOW, THEREFORE, Declarant desires to amend and restate lhedeclaration of covenants, conclitions, ancl restrigtions and to change the name ofthe homeowner$ association to the Rivers Run Villa Owners Associalion aa setforth herein

Articl? IDefinitiorlg$S.Stionl.. 'Associailon* snall meqn and refer lo fie Rivers Run ViltaOwners Associatisn, lnc,, a not*for*profit Tennessee corporation, itsunincorporated predecessor, lts successers and assigns.Seclign,?. "Common A,rea" shall mean all T Lots located in Seetion H,including the improvementsthereon, owned by the Associatir:n for the common

AI{ENP E-p A! tr 8-ESIATE g pl: c LARAI oN


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Mey-10-03 ll:?4an Fron-BERllSIElll, STAIR t I#ADAI|S 86552?8035 T-i26 P.AAft F-598

usB ancl BnjoyrnBnt of th owners. ThB Cornrnon Area also includes me propenyon which the gates for the P*prrty ancl roads on the Proparty afs csnstructed.The Common fuea shall be o\dned by the Association and sll deeds nece$sary [oeffect this transfer shall DB executed by Dedaranl.Sectiqn 1. "Declarant" snall mean ancl referto Rrvers Run Propertis, lnc-,

a Tennessee corporafion, its srJccessors ancl as$igns.Se4iqfr 4- 'Lot" shall rnean and refer to any plot of land shcnrun upon anyrecorded subdivision map of the Property with the exception of rhe CommonArea.Section 5. "Ouvnef shall mcan and referto thc record owner, vuhether oneor more persons or entibes, of a fee simple tille to any Lot which is a part of theProperty, induding contract sellers, but excluding those having such interestmerely as security for the performance of any obfigarion-Seaiofr 6. "Pr''opertt' shall rnean ancl refer ts that certarn real propertyherein previouely describecl in Exhibit A, speeifically the property shown on Platcabinet 5, slicte 82-D, and such addaions thereto as rnay hereafter be broughtwithin IhB jqrisdiction of the Associarion.

Anlsle IPropPrtY FlfihtsPegtlo.n 1. Owneri' Easements of Eniovment. Every Owner shallhave arighE and easement of enjoyment in and to th6 Comrnon Araa which sha[ naappurtenant tp and shall pass wilh the title to every Lot, subject to lhe foltowingprovisions:(a) the right of lhe AEsociation to suspand the voting rights of an

Owner for any periocl cluring which any assessment against hi$ Lot rernainsunpaid; and for a period not to exceed srxty (60) days for any infraction of itspublisherl rules and regulailons; and(b) the rfgtit of lhe Association to declicate or transfer all or any part ofthe Common Area lo any public agency, authority, or utility forsuch purposesanrl subject lo such condilions as tnay he agreed to bythe members. No suchdedication or transfer shall be effechve unless an instrument signed by tw+'thirds{2l3} of the mernbers agreeing to such eledieation or trqnsfer has been recorded.fief,tlo-n?. PeJggggggg{.g5e. Any Owner may delegate, in accordancewith the Bylaws, his rigm of enjoyment io the Commen Area and facilities to thB

rnembers of his family, his tenants, or contract purchasers who reside on theProperry-

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iley-tB-03 1l:?4an Frgn-BERHITEIH, STAIR & IifiADAMS 86t5228031 r-7t6 P.g5/14 F-t99

Articlc lllM a rn be rs h i p-grsl Volllt gF ign lt

$ection 1. Every Owner, as defined in Anicle l, shail be deemed to have at nembership in the Association. No Owner, whether one of rnore persons, shallhave more ihan one {1) rnembership per Lot owned. ln the evenl the Owner of aLot is more tnan one {1} person, votes and rights of use and enioyment shall beas provided herein- The rights and privileges of mernbership rnay be exercisedby Owner, subiect !o he provisions of this Declaralion and the Bylaws. Themembership rights of a Lot owned by a corporation or partnership shall beexercised by the individual designated by the Owner in a written instrumentprovided ro the Secretary, subiect to the provisions of this Dedaration and theBylaws-

Section 2, All Owners shall be mernbers of the Agsociation. The Ownershall be entitlecl to one (1) equal vEte fpr each Lot rn whrch heJshe holds theinterast required for membership under Section I henaoft ther shall be only one(1) vote per LoI. Where mor than onB p8rson nolds an interest in any Lot, allsush persons $hall be rnember$. The vote fgr such Lot shall be exercised aslhey among fiemselves delermins, bul in no event ehall more fian one tl) votebe cast with respect to any Lot,

f,*;s-!e !YMaintenanceSeclion,l. Associa.tigl's F,esponsilility- The Asspcialon shall rnaintainancl keep in good repair the Common Area, such mainlenance to be funded ashereinafter provided. This rnaintpnance shall rnclude, but not be limitecl trc,maintenance, repair, and replacemenl. subjeet to any insurance then in effect, ofall lanclscaping and other flora, structures, gates, roads, and improvernents

situated upoh $uch areas. The Association shall also be responsible for lawnupkeep, landscaping, and sprinklar maintenancc for atl lots with the exception oflots upon which no villa has been built unless the Owner requests in writing thatfie Association maintain$ hiyher lot on which no villa has been built.The Association rnay msintain proPerty that it dpes not own, including,without limilation, properry dedicaterl to he public, if the officer of theAssociation determine thal such rnaintenance is nec,essary or desirable tomaintain the Comrnunity-Wrcle Standatd.Section ?. Owner's Respolsibilrty, Eacn Owner shall rnaintain his or herLot and all sfruclureE, padilng eras and other improvernenE upon his or her Lotin a manner cqnsistent whh tne Comrnunity-Wide Stanoarrl anct all applicablecovenanb. lf any Owner fails to properly perform his or her rnaintenanceresponsibility, the Associafion may perform it anel assess all costs incurred bytheAssociation against the Lot and lhe Owner thereof: provided, however, except

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tlay-20-03 ll:2Ean Fron-BERllSTElt, STAIR t IEADAIi$ 865522803I T-126 P 06/t4 F-5tg

when enry is required due to an emergency sitqalion, the Associatron shallafford the Owner reagonable notice and an opportunity to cure the problem priorto enlry_Owner shall not interfere with Association in the performance of its drrtieswith regard to Ownels lol. lf Owner cloes interfere, causing more expense fortne Association, tnen Owner shall be responsible for sard expense, which shallbe assessed as a Special Assesgment, immediately due and payable-

ArticlgVG ove n q q[, fgf , hi_n te na n ce A,sse_s g nl"q nE

Seqign 1. Creadon of rhe r-ign qnC.SersonalQgtigation pf *jlsessments.Each Owner of any Lot by accBptanc of a deed therefore, whether or nol it shallbe so expre*sed in suctr cleed, is cleemed to covenant ancl agfee to pay to theAssociation: (1) annual assessmenls or charges to bB comptised of nivocomponente: Common Area rnaintenance and Lot maintenance assessrflents;and {2} special assessments for capital improvements, such assessments to beestablrshed and collected as hereinafter provided; however, a Lot Owner wfth no$ltucture on his/her lot shall only pay an Assessment related to Common Areamaintenance untrlsqch time as hislher Villa has been completed andlandscaped- After that time, Owner shall pay allAssessments. The annual andspecial asse$$ments together with inreresr, co$ts, and reasonable attorney'sfeeg, shatl be a charge on thE land and shatl be a continuing lien upon theproperty against each lot on which such assessment is macle. Each suchassessrnent, together with intere$|, cosls and reasonabh attomey's fees, shallalso ne the pefsona!obligation of the person who was the Owner of suchpropefly al$e drfle rnrhen the assessrnent became due, The personalobligationfor delinquent assessmsnts sha$ not pas$ to successors in title unless expresslyassumed by them,3e{o:r.2. Annual Asse$sment. The mernberchip by a two-thirds (Z/3}vote shall sel the maximum monthly assessment at ils annual meeting. Themonmry assssment $hail be sufficient to pay tne past expenses of theAgsoeiation as well as expenses to bs rncurrecl on an ongoing basis. As set forthabove, the assessment for ongoing Bxpenses shall be divicled into twocomponenF: Gommon Area maintenance assessment and lot maintenancea$sessrnent- The tw+-thirds {2/3} vote shall consist of two-*rircts {2/3} olthemembers present at lhe annual meeting either in person or Dy proxy. Wrinenr'totice of rh;s meet;ng shall be sent to all members not less than thirry {30) rlaysnor more than sixty {60) rlays in advance of the meeting and the nolice snafi setfortn tne pqrpose of the fteeting. Only Owners with Villas buitt on his/her lot whoowned their property priorto 2003 shall pay a montrly assessment for past

expenses. The ofiicers of the Association may, in their cltscretion, increase lhernonthly asses$ment \,vlthout membership approval in the event that $e rnonthly4$$essments are insufficbnt to pay thercxpenses of the Associetion. Thisses of the .As'+-


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May-20-03 03:llpm Fron-BERllSTElH, STAIR & h[A0AtlS 86t52?8033 T-738 P 03/06 F-Eri

assessment shall remain n effEct untilthe next annual meeting of thsAssociation or until a new monthly a$sessment has been Set at a specialmeeting. The officers of thB Association shall also have the powerto boffpwrnoney on behatf sf the Association in the event that the Association does nothave sufficient funds on hand to payAssociation exPcnses-e#m-Q, Special Assessments fgl:".Cflpital lnprovetnents. ln atldition !othe annual a3sessmenls authoriZed above, the Association rnay levy, in anyassessment year, a special assessment applicable F that year only for thepurpose of defraying, itl \tvhole or in part, the cost of any oonstruction,reconstruction, repair or reptacement of a capilal improvement upon fheCommon Area, including fixtures and personal pfoPerty related tfierelo, provirled!hg! any such assessment shall have the asseil of lwo thirds (2lS) of the votes ofthe members who are voting in person or by proxy at a rneeling duly called frcrlhis purpose,Sgglpn-{. No$oe and Quorurn forqny Actign Authorized Under,EF,cjions3 and 4. Written notice of any meeting called for the purpo$e of taking any action

aumorized under Section 2 or 3 shall be senl to allmembers not les$ than thirty(30) days nor msre than sixty (60) clays rn advance of the meeting. At the fifstsuch meeting called, the pre$ence of Members or proxies of Members entitlecl tocaet sixty peicent (50Yo) of alltha votes shall constitule a quorum. tf the requiredquorum is not present, another meeling may be called subject to the same noticerequirement, and the required guorum at lhe subseguent meeting shall be frftypercent (50o/o) of Members or proxies of Mernbers entitled to cast votes- No sqchsuhsequent meeting shall be held rnore lhan sixty (60) days following thepreceding meeting.Sec'tion5. Assessrnents in.Ggnerfll: DHF Dates- Assessments may becollected on a monthly basis. Wrinen notice of the annual assessmeni shall be

sent to every Owner subject thereto. The due dates shall be establishecl by theofficers of the Association, The Association, shall, upon demand, and for areasonable charge. furnish a certificate signed by an officer of the Associationsetting forlh whetherthB assessments on a $pecified Lot have been Paid- Apnperly executed certificate of the Aggociation as lo the ststus of theassessrnents on a Lot is binding upon the Association as of fie date of itsissuance.Seuion 6. Date.-p-f SgfnmgrtcemFnt of AssessmeBlq. The annualasssssrnents pfovicled for nefein in Section 1 shall colnfnsnco as soon as a Lolis purchased from Daclarantor ils cleslgnee- The first annlral assessment shallbB adiusted according lo the nqmDer of days remaining in the fiscal year at the

titne agseEsrnBnts comrnsnce on lhe Lot,Section 7, Effect of Ngfuplpenl of-Assoclation, Any assessment not paid within thlrty (30) days after lhe due date

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Mey-?0-g3 llr2lam Fron-BERNSTEIH, STAIn e llIADAltrS t655?2803t T-126 P 0gll4 F-599

sha'l bear interest frpm ttre clue date al the rate of eighteen percent (18%) perannum. The Associarlon rnay bring an action at law against th ownerpersonally obligated 10 pay thB same, orforedosB me lien aga[nst the proprty.No Owner may waivp or orherwiss e$caps liability for the assessments providedfor herein by non-use of the Cornmon Area or abanclonment of nis Lor.Sg#lgn 8. Subordination of the Lien to Mortqases or Deeds of Trust, Thelien of the assessments provided for herein shatl be suborclinate to the lien of anymorlgage or deed of tn rst. Sale or transfer of any Lot pursuant to mortgageforeclosure, exercise of a power of sale contained in a deed of trust or anyproceeding in lieu thereof, shall extinguish the lien of sqch assessments as Iopayment which became due prior to such sale or transfer- No sale or lransfershall relieve such Lot owner from liability for any a5s6ssments prior to the sale ortransfer

ArtiefeJllnsumnpsSectigfr 1. The Assooiatron shall maintain in effect at all limes as aCommon Expense the type of insurance coverag as deemed appropriate by theAssociation. Tne officars of the Assooiatron shall review the amount and terms ofsuch insurance annually.Section 2. By virtue of tafing title to a Lot subject to the terms of thisDeclaration, each Owner covenants and agrees with all olher Owners ancl withthe Association lhqt each Owner snsil cany blanket all-ri$k casuahy insurance onthe structures constructed on his/her LoL Esch Ownerfunner covenants anclagrees lhat in the event of a partial loss or damage and destruction resulting rnIess than tqtal destruction of structures on his/her Lot, the Owner shall proced

Prornptly to repair or to reconstruct the damaged structure in a manner consistentwith the original con$truclion or such olher plans and specifications as areapproved in accordance with Article VII of this Declaration- The Owner shall payany costs of repair or reconstruction that are not covered by insurance proceds-ln lhe event that the strudsre is totally destroyed, the Owner may clecide not torebuild or to recon$trucl in which case the Owner shall dear the Lot of all debrisanrl return it io substanilally the nailral state in which it existed prior to thebeginning of construction ancl thereafter the Owner shall continue to maintain theLot in a neat and attnactive conclilion consistentwith Sre Communiff-1,1/ideStandard,A?r!e Y!!Ar eh itp, ptq r*Lgp atroJ

No building, fence, urall or olh6r structure snall Pe commencecl, erected ormaintainecl upon the Prcperty, nor snall any exterior addidon ro ot change oralteration thereon be macle until lhe plans and speclfications showing the nature,

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tlay-10-83 ll:Zlan Fron-BERI{STEll{, STAIn & ffiADAM$ 865522N03t T-r2B P.0sll4 F-5gg

Kind, snape, heignt, materials, and location of thB same shall have beensubrnilted to and approved in writing as fo nanrK'ny of extemal design ancllocatlon ln relation lo surrrounding structures and topograpny by the Board ofDirectors of ihe Association, or by an architec-tural commiltee composed of three(3) or rnore representatives appointed by the Board- ln the event sakl Board, orits dasrgnatd committee, fails to approve or disapprove such design andlocation within thiny (30] days afier said plans and specificafion$ have heensqbmitbd to it, approvalwill not be required and this Article will be deemed tohava been fully complierl with. The failure by the Board and/or its desQnatedcommiuee to act on plans shall not constitute a uraiver of any of tha slherprovisions herein-

Article VlllGeneral PfoyiFionsSestion 1 Enforcernent. The Association, or any Owner, shall have theright lo enfsrce, by any proceeding at law or in equity, all restristions, conditbns,coyenants, reservailons, liens ancl charge$ now or heDafier imposecl by theprovisions of this Declaration. Failure by the Associa$on of by any Owner toenforce any covenant or restriction hereln contained shall ln no event be deemeda waiver of the right trc do so thereafier-Section 2- SeveraPility- lnvalldation of any one of these covsnants orrestrictions by judgrnent or court srder shall in no way affeet any other provisionswhich shallremain in full force and effect.Section 3- Aqnexatipn. Additional residential property and Common Areamay ba annexed to the Properties with the consent of two-thirds (2/3) of eachcless of members.Sectiol 4. Association shall be responsible for maintaining the following:

(a.) Sprinhler Systemstb.) $ecr.rritySystems * GaT\-(c.) $lleys(d.) Lawn and Landscape Maintenanee(e,) $treetsThe montnff assss$menl collected by the Association snail be used tospecifically maintain the$e srBae as well as pay fof insprance coverqge for theCommon Area. Once a Villa has been cprnpleled ancl land$Eaped, no Ownershallbe allowed to mainfain his/her lawn, sprinlder, etc.

$eclip-n,5. The Owner shall be completely responsrbiE for all exteriormaintenance.

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Mav-28-03 Il:28an Fron-BERNSTElll, STAIR I KADAMS 865te28035 r-726 P 10/14 F-t99

Sectjon 6. The Association shall have the authority if the Owner does notrnain&ain the exterior of the resiclence to perfonn all rnaintenance and asssss allcost$ lncuffed by the Association to that pa*icular Owner. lf the Owner does notnalce prompt payment to the Association, then the Association shall file a lien onthe Owne/s propErty.Section 7. Allexterior colors shall be submiBed and approved beforeconstructron hegins or beforethe Villa is repaintedSectiqn F. The Orner shall have a choice of four floor plans and eightelevalions from which to choqse the design of his/her villa. The Owner has heenpre$ented the$e plans and agrees to stricuy aclhere to them. The guality of alllnrorKrnansnip shall be of lhe nighest quality and comparable to Lot 15, RoyalTroon Circle.seetion 9. These covenants are to run with the land and snallhe bindingon allOwners, theirsuccessors and assbns, and on all persons claiming underthem for a period of tnirty (3O) years from fie clate lhese covenants are racorclBd,

afFrwhich iirne sald covFflants shall Fe automaucally e)fiqnded fof successiveperiods of ten (10) years unless an instrument signed by the maiority of the then-Owners of the Lots has been recorded, agreeing to change sald cavenants inwhole or in part-Secrion 10, Nonvithstanding any other provisbn of these AmendedRestrictrorls to the contrary, until such tirne as Declarant has sold 100a/o of theLots on the Property, Developer shall have the fqll ancl complete authorily anddiscretion to amend these Amended Restrrctions and saicl amendment shallthereafler be ninding on existing Owners and all Owners who purchase Lols fromand after the date of the amendment. Afier 100% of the Lots on the Propertyhave been solcl by DEclarant, any funher amendmentto these AmendedReslriclions shall require approval of seventy-five percent l75Yo) of the Owners ofLot$ on tne Propefiy unless a different percentage is specifically set forth hereinin regard to a specific amendment or action.Section 1 '!. ln the event that ihere is any liligation bro$ght to interpretthese re$riction$ orbrought forviolation of tne restrictions, the prevailing'partysnall b8 Bntitlad to recover his/her anorney fees, costs, including rliscrelionarycosls, and expert fees from the ofier pany,Exec$ed fiis _ day of 2003.

RIVERS RUN PROPERTIES, INC.By: Seward B. Nonis. President

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llay-10-03 ll:29am Fron-BERN$TElll, STAIR & t&ADAllS 865t??803r T-726 P.filt4 F-trg

STATE OF TENNES5EECOUNTY OF ANDERSON

Before rne, the undersigned authoritg a Notary Public, in and for said$taks, Personally appeared Seward B. Nonis, with whom I arn personallyacquainted and who, upon oath, acknowledged himself to be the President ofRivers Rrrn Properties, lnc., the within named bargainer, a Corporation, and thathe as such President, being authorized so to do, execuFd the foregornginstrument for the purposes therern contained ny signing the name of theCorporation by himself as President-

WITNESS my hand and official saal this day of2003.NOTARY FUtsLICMy Commission Expires;

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Rivers Run Villa's HOA Cov't & Rest

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Transcript of Rivers Run Villa's HOA Cov't & Rest