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DECLARATION OF COVENANTS, CONDITIONS AND PROTECTIVE RESTRICTIONS

  • FOR THE
  • CARNOUSTIE GARDENS HOME OWNERS ASSOCIATION, INC.
  • State of Alabama:

County of Baldwin:

  • This DECLARATION OF COVENANTS, CONDITIONS AND PROTECTIVE RESTRICTIONS is made this 1st day of July, 2016 by the CARNOUSTIE GARDENS HOME OWNERS ASSOCIATION, INC.
  • RECITALS:
  • The name of the ASSOCIATION is the CARNOUSTIE GARDENS HOME OWNERS ASSOCIATION, INC. (CGHOA). Carnoustie Gardens Home Owners Association, Inc. (CGHOA) has been formed as an association to provide an Alabama Non-Profit Corporation to serve as representative of the Association and Owners of the Property. The CGHOA shall be comprised of Carnoustie Gardens Unit One (1) and Carnoustie Gardens Unit Two (2). Only Lots located within Unit One and Unit Two shall have membership in the Carnoustie Gardens Home Owners Association.
  • All Property within the boundaries of CGHOA is subject to the terms, conditions and provisions of this Declaration of Covenants, Conditions and Protective Restrictions.
  • In addition to the covenants, conditions and protective restrictions, additional easements and rules and regulations of the CGHOA Architectural Review Committee and CGHOA By-Laws shall be imposed for the benefit of all Owners of the Property.
  • Article I
    Definitions
  • The definitions contained in Declaration of Covenants, Conditions and Protective Restrictions shall have the following meanings:
  • ARCHITECTURAL REVIEW COMMITTEE: The Architectural Review Committee (ARC) shall mean and refer to the Architectural Review Committee appointed by the Board of Directors of the CGHOA.
  • CARNOUSTIE GARDENS ARTICLES OF INCORPORATION: Carnoustie Gardens Articles of Incorporation shall mean and refer to the Articles of Incorporation of the Carnoustie Gardens Home Owners Association, Inc.
  • CARNOUSTIE GARDENS ASSESSMENT: Carnoustie Gardens Assessment shall mean and refer to any Carnoustie Gardens Assessment levied against the Lots in the Property to fund Carnoustie Gardens Common or Special Expenses, as provided for and described in this Declaration of Covenants, Conditions and Protective Restrictions.
  • CARNOUSTIE GARDENS BOARD OF DIRECTORS: Carnoustie Gardens Board of Directors shall mean and refer to the Board of Directors of the CGHOA.
  • CARNOUSTIE GARDENS BY-LAWS: Carnoustie Gardens By-laws shall mean and refer to the By-laws of the CGHOA.
  • CARNOUSTIE GARDENS COMMON AREA or CARNOUSTIE GARDENS COMMON PROPERTY: Carnoustie Gardens Common Area or Carnoustie Gardens Common Property shall mean and refer to traffic islands located at the intersection of Carnoustie Drive and Carnoustie Ct, at the intersection of Carnoustie Ct and Dundee Cir, islands on Dundee Cir and Carnoustie Ct, and any detention/retention ponds within the Property.
  • CARNOUSTIE GARDENS DUES: Carnoustie Gardens Dues shall mean a regular fee or charge payable at specific intervals to fund the actual and estimated expenses incurred by the CGHOA for the general benefit of all Lot Owners in the Property, including any reasonable reserve, all as may be found to be necessary and appropriate by the Carnoustie Gardens Board of Directors.
  • CARNOUSTIE GARDENS EXPENSES: Carnoustie Gardens Expenses shall mean and include the actual and estimated expenses incurred by the CGHOA for the general benefit of all Lot Owners in the Property. Expenses shall include any reasonable reserve, all as may be found to be necessary and appropriate by the Carnoustie Gardens Board of Directors pursuant to this Declaration of Covenants, Conditions and Protective Restrictions, Carnoustie Gardens Articles of Incorporation, or the Carnoustie Gardens By-laws.
  • CARNOUSTIE GARDENS MEMBER: Carnoustie Gardens Member shall mean and refer to a Person or Entity that holds membership in the CGHOA as provided in this Declaration of Covenants, Conditions and Protective Restrictions.
  • IMPROVED LOT: Improved Lot shall mean and include all buildings, roof structure, parking areas, fences, walls, hedges, mass plantings, poles, driveways, grading and site preparation work, concrete pads, ponds (natural or man-made), signs, utility connections, exterior illumination, changes in any exterior color or shape, and any new exterior construction or exterior improvement.
  • LOT: LOT shall mean and refer to any improved or unimproved plot, parcel, or portion of land shown upon any recorded final subdivision plat for Carnoustie Gardens, with the exception of the COMMON PROPERTY.
  • MAJORITY VOTE: MAJORITY VOTE shall mean and refer to a simple majority of votes by OWNERS present at any annual or special meeting of the CGHOA Members.
  • PROPERTY: Property shall mean and refer to that certain real Property described in this Declaration of Covenants, Conditions and Protective Restrictions
  • RULES and REGULATIONS: Rules and Regulations shall mean and refer to the Rules and Regulations adopted by the Architectural Review Committee or the Rules and Regulations adopted by the CGHOA.
  • SINGLE FAMILY: Single Family, for the purposes of the Declaration of Covenants, Conditions and Protective Restrictions, shall be defined as any union duly recognized within the State of Alabama, natural or adopted offspring of the union, and parents or grandparents of the parties within the union.
  • SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND PROTECTIVE RESTRICTIONS: Supplemental Declaration of Covenants, Conditions and Protective Restrictions shall mean and refer to an amendment or supplement to this Declaration of Covenants, Conditions and Protective Restrictions which subjects or imposes, expressly or by reference, additional restrictions and obligations described in said amendment or supplement, or both.
  • UNIMPROVED LOT: An Unimproved Lot shall mean any plot, parcel, or portion of land that has not been built upon, landscaped, or otherwise improved or developed.
  • YARD- YARD is defined as all portions of a Lot in the Property lying outside the exterior walls of any structure constructed on the Lot and shall include all landscaping, improvements and decorative and functional appurtenances to said structure (not to include structures and fences).
  • Article II
        • Zoning and Specific Restrictions
  • This Declaration of Covenants, Conditions and Protective Restrictions shall not be taken as permitting any action or thing prohibited by the applicable laws, or laws, rules or regulations of any governmental authority, or by specific covenants or restrictions imposed by any deed or lease. In the event of any conflict, the most restrictive provision of such laws, rules, regulations, deeds, leases, covenants, restrictions or this Declaration of Covenants, Conditions and Protective Restrictions shall be taken to govern and control.

Article III

Carnoustie Gardens Home Owners Association Covenants and Restrictions

          • The Carnoustie Gardens Home Owners Association, Inc. shall be an Alabama Non-Profit Corporation incorporated by the Carnoustie Gardens Articles of Incorporation recorded in the Office of the Judge of Probate of Baldwin County, Alabama. The CGHOA shall be an entity that shall have the capability of suing and being sued with respect to the exercise or non-exercise of the powers of the CGHOA. The CGHOA shall have authority and power to maintain a class action and to settle a cause of action on behalf of Lot Owners of the Property with reference to any and all other matters in which of the Owners of Lots in the Property have a common interest. The CGHOA shall have all the powers and duties granted to or imposed on the CGHOA under the Carnoustie Gardens Articles of Incorporation and the Carnoustie Gardens By-Laws and under this Declaration of Covenants, Conditions and Protective Restrictions as they may be amended from time to time. The CGHOA is specifically authorized to enter into agreements by which the powers and duties of the CGHOA, or some of them, may be exercised or performed by some other Person or Persons. The CGHOA shall have the right to grant permits, licenses and easements over the Carnoustie Gardens Common Areas for utilities, roads and other purposes reasonably necessary or useful for the proper maintenance or operation of the Property. The Carnoustie Gardens Board of Directors shall have the authority and duty to levy and enforce the collection of the Carnoustie Gardens Dues and Assessments for the Carnoustie Gardens Expenses and is further authorized to provide adequate remedies for failure to pay the Carnoustie Gardens Dues and Assessments.

 

The CGHOA may make and enforce reasonable Rules and Regulations governing the use of the Property. Sanctions may include reasonable monetary fines and suspension of the right to vote. The members of the Carnoustie Gardens Board of Directors shall, in addition, have the power to seek relief in any court for violations or to abate nuisances. Imposition of sanctions shall be as provided in the Carnoustie Gardens By-Laws. The CGHOA, through the members of the Carnoustie Gardens Board of Directors, by contract or other agreement, shall have the right to enforce City or County ordinances or permit said City or County to enforce ordinances on the Property for the benefit of the CGHOA and the Carnoustie Gardens Members

  • Residential Use: All Lots which are part of the Property and each and every Lot are declared to be residential Lots, and no Lot shall be used except for single-family residential purposes. Except as may be provided elsewhere in this Declaration of Covenants, Conditions and Protective Restrictions, no building or structure shall be constructed, erected, altered, placed, remodeled, reconstructed, added to or permitted to remain on any Lot other than a single-family dwelling. No previously approved structure shall be used for any purpose other than that for which said structure was originally designed.
  • Business Use: Except as provided in this Declaration of Covenants, Conditions and Protective Restrictions, no trade or business may be conducted in or from any Lot. The leasing of a Lot for single-family residential purposes shall not be considered a trade or business within the meaning of this Declaration of Covenants, Conditions and Protective Restrictions. The foregoing restrictions contained in this Section shall not be construed to prohibit an Owner from:
    • maintaining a personal professional library;
    • keeping personal business or professional records or accounts;
    • handling professional business or professional telephone calls or
      correspondence;
    • Such uses are declared expressly customarily incidental to the principal single-family residential use and not in violation of this Declaration of Covenants, Conditions and Protective Restrictions.
  • Leasing: Lots may be leased for residential purposes and such lease must be approved by the CGHOA Board of Directors. The rights of any tenants under said lease are made expressly subject to the power of the CGHOA to prescribe reasonable Rules and Regulations relating to the lease and rental of Lots and to enforce the same directly against such tenant or other occupant by the exercise of such remedies as the Carnoustie Gardens Board of Directors deems appropriate, including eviction. All leases shall be for a period of no less than twelve (12) consecutive months and shall require, without limitation, that the tenant acknowledge receipt of a copy of the Carnoustie Gardens Articles of Incorporation, the Carnoustie Gardens By-Laws, Carnoustie Gardens Covenants, Conditions and Protective Restrictions, and Architectural Rules and Regulations. The lease shall also obligate the tenant to comply with the foregoing and shall provide that in the event of noncompliance, the Carnoustie Gardens Board of Directors, in addition to any other remedies available to them, may evict the tenant on behalf of the Owner and specifically assess all costs associated with said eviction against the Owner and the Owner's Property.
  • Parking and Vehicular Restrictions: For the purposes of this Section, "vehicle" shall mean and refer to any device on wheels or runners for conveying persons, property or objects.
    • No vehicle, camper, mobile home, motor home, house trailer or trailer of any type, recreational vehicle, motorcycle, golf cart, scooter, go-cart, moped, boat or other water craft, boat trailer, van, bus, automobile or any other transportation device of any kind shall be permitted to be parked or to be stored at any place within the Property and/or streets.
    • No Owner shall keep any vehicle on the Property which is deemed a nuisance by the Carnoustie Gardens Board of Directors. However, boats or recreational vehicles may be parked in the driveway for a period not to exceed twenty-four (24) consecutive hours for the purposes of loading or unloading or cleaning the vehicle prior to or after use.
    • No commercial vehicle shall be permitted to be parked or to be stored at any place within the Property. Commercial vehicle shall mean those that are not designed and used for customary, personal/family purposes. The absence of commercial type lettering or graphics on a vehicle shall not be dispositive of whether it is a commercial vehicle. No Owner shall conduct repairs (except in an emergency) or restorations of any vehicle on or upon any portion of the Property except in an enclosed area with the doors to that area closed at all times.
    • The prohibitions on parking contained in this Section shall not apply to temporary parking of vehicles such as for construction use or providing pick-up and delivery and other commercial activities. No overnight on-street parking or parking on lawns shall be permitted.
    • Special permission shall be granted, on a case by case basis, to permit Owners of Lots to park on the street overnight for not more than three (3) consecutive days, for special circumstances such as, but not limited to, weddings, death of a family member, or other personal event.
  • Subject to applicable laws and ordinances, any vehicle parked in violation of these or other restrictions contained in this Declaration of Covenants, Conditions and Protective Restrictions or in the CGHOA By-Laws may be towed by the CGHOA at the sole expense of the Owner of the vehicle if the vehicle remains in violation for a period of twenty-four (24) hours from the time a notice of violation is placed on the vehicle. The CGHOA shall not be liable to the Owner of that vehicle for trespass, conversation or otherwise, nor guilty of any criminal act, by reason of the towing, and once the notice is posted, neither the removal of said notice, nor failure of the Owner to receive said notice for any reason, shall be grounds for relief of any kind. An affidavit of the Person posting said stating that the notice was properly posted shall be conclusive evidence of proper posting.
  • Animal and Pets: No animals, wildlife, livestock, insects, reptiles or poultry of any kind shall be raised, bred, harbored or kept on any Lot except that the Owner may keep three (3) domesticated household pets. No such pets shall be kept for any commercial purpose, and any such pets may be kept only so long as they or any of them do not become an annoyance or nuisance to the neighborhood. All pets, at all times when they are outside a Lot must be confined on a leash held by a responsible person and kept under the close supervision of their Owners. Solid waste (fecal matter) must be removed by the Owner daily and disposed of in an appropriate container to ensure the health, safety, and basic consideration of all residents. Pets shall not be permitted in the Carnoustie Gardens Common Area. Pets shall not be permitted in the Common Areas. All residents bringing a pet into a Carnoustie Gardens Common Area shall be responsible for immediately removing any solid waste of said pet. Those pets which, in the sole discretion of the CGHOA, endanger health, make objectionable noise, or constitute a nuisance or inconvenience to the Owners of other Lots or the Owner of any portion of the Property shall be removed upon request of the Carnoustie Gardens Board of Directors.
  • Trash, garbage and recycle containers shall be kept in a clean and sanitary condition. Other than at pick-up time, trash and garbage containers shall be stored in an enclosed garage, or screened by an attached two-sided brick or wooded wall approved by the ARC, so that trash/recycle cans cannot be seen from the street or other houses. If trash or other refuse is to be disposed of by being picked up and carried away on a regular and recurring basis, approved containers may be placed in the open in the late afternoon one day prior to when the pick-up is to be made and placed back inside the garage within twenty-four (24) hours after pick-up.
  • Article IV
  • Carnoustie Gardens Home Owners Association
  • The affairs of the CGHOA shall be conducted by the Carnoustie Gardens Board of Directors, which shall consist of such number as shall, from time to time, be determined and fixed by a simple majority of the voting rights present at any annual or special meeting of the Carnoustie Gardens Members. Future members of the CGHOA Board of Directors must be permanent full-time residents (Full time is defined as an absence of five (5) consecutive weeks per year, or less.) of Carnoustie Gardens and a member in good standing in the CGHOA.
  • The CGHOA shall have the right to amend the Carnoustie Gardens By-Laws for the purposes of changing the number of members on the Carnoustie Gardens Board of Directors. The CGHOA has the right to levy dues for common expenses and assessments for special or unexpected expenses provided a simple majority of Carnoustie Gardens Members of the CGHOA present at a meeting Duly called for such purpose to approve.
  • Availability of Records: The CGHOA shall make available to Lot Owners in the Property, prospective purchasers, or eligible mortgage holders of mortgages on any Lot in the Property, current copies of this Declaration of Covenants, Conditions and Protective Restrictions, the Carnoustie Gardens By-Laws, Architectural Rules and Regulations and other books, records, financial statements and the most recent annual audited or unaudited financial statement of the CGHOA, if such audited or unaudited financial statement is prepared. "Available" shall mean available for inspection upon request, during normal business hours or under reasonable circumstances.
  • Indemnification: The CGHOA shall indemnify every officer and member of the Carnoustie Gardens Board of Directors, including Architectural Review Committee members, against all expenses, including attorney's fees, imposed upon or reasonably incurred in connection with any action, suit or other proceeding (including settlement of any suit or proceedings).
    • The officers and members of the Carnoustie Gardens Board of Directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct or bad faith.
    • The officers and members of the Carnoustie Gardens Board of Directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the CGHOA. The CGHOA shall indemnify and forever hold each such officer and member of the Carnoustie Gardens Board of Directors free and harmless against any and all liability to others on account of any such contract or commitment.
    • The CGHOA shall maintain adequate general liability, officers, and director’s liability insurance to fund this obligation, if such coverage is reasonably obtainable. The CGHOA shall establish and maintain an adequate reserve fund for unexpected expenses.
  • The CGHOA shall establish and maintain an adequate reserve fund for unexpected expenses.
  • The CGHOA may exercise any other right or privilege given to the CGHOA expressly by this Declaration of Covenants, Conditions and Protective Restrictions or the Carnoustie Gardens By-Laws.
  • The Carnoustie Gardens Member shall be a Member of the CGHOA so long as the Carnoustie Gardens Member is a Lot Owner in the Property. The membership of a Lot Owner in the Property shall immediately terminate when the Lot Owner ceases to be a Lot Owner in the Property. The membership of a Lot Owner in the Property may be assigned or transferred only as an appurtenance to the Lot.
  • No Owner of a Lot in the Property, whether one (1) or more Persons, shall have more than one (1) membership per Lot owned in the Property. In the event the Owner of a Lot in the Property is more than one (1) Person, the rights of use and enjoyment shall be as provided in the Carnoustie Gardens Declaration of Covenants, Conditions and Protective Restrictions, and the Carnoustie Gardens By-laws. The vote in the CGHOA shall be exercised by the Carnoustie Gardens Member. The membership rights of a Lot in the Property owned by a corporation, partnership, limited liability company or other entity shall be exercised by the individual designated from time to time by the Owner of said Lot, in a written instrument provided to the Carnoustie Gardens Board of Directors, subject to the provisions of the Carnoustie Gardens Declaration of Covenants, Conditions and Protective Restrictions and the Carnoustie Gardens By-Laws.
  • Suspension of Voting Rights: The CGHOA has the right to suspend the voting rights of an Owner of a Lot for any period during which Carnoustie Gardens Dues and Assessments remain unpaid or for any infraction of the published Rules and Regulations after a hearing by the CGHOA Board of Directors.
  • Assignment: The share of the Carnoustie Gardens Member in the funds and assets of the CGHOA shall not be assigned or transferred in any manner except as an appurtenance to the Lot.
  • Carnoustie Gardens By-Laws: The CGHOA and the Carnoustie Gardens Members shall be governed by the Carnoustie Gardens By-laws which shall be adopted by a simple majority of votes of the Carnoustie Gardens Members of the CGHOA present at a meeting duly called for such purpose.
  • In addition to any other remedies provided for in this Declaration of Covenants, Conditions and Protective Restrictions, the CGHOA, or the duly authorized agent of the CGHOA, shall have power to enter upon a Lot in the Property or any portion of the Carnoustie Gardens Common Property to abate or remove, using such force as may be reasonably necessary, any erection, thing or condition which violates this Declaration of Covenants, Conditions and Protective Restrictions, the Carnoustie Gardens By-Laws, the Rules and Regulations or the use restrictions. Unless an emergency exists, the Carnoustie Gardens Board of Directors shall give the violating Lot Owner ten (10) days' written notice of the intent of the Carnoustie Gardens Board of Directors to exercise self-help. All costs of self-help including reasonable attorney's fees actually incurred shall be assessed by the CGHOA against the violating Lot Owner and shall be collected as provided in this Declaration of Covenants, Conditions and Protective Restrictions for the collection of the Carnoustie Gardens Assessments.
  • The CGHOA shall have the right, in addition to and not in limitation of the rights the CGHOA may have, to enter into Lots in the Property for emergency, security or safety purposes, which right may be exercised by the Carnoustie Gardens Board of Directors, or the officers, agents, employees, managers of the Carnoustie Gardens Board of Directors and all police officers, fire fighters, ambulance personnel and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall be during reasonable hours and after reasonable notice to the Owner or occupant of the Lot. The CGHOA shall have reasonable authority to designate sites within the Property for fire, police, and water and sewer facilities.

Article V
Covenants for Maintenance of the CGHOA

  • The CGHOA shall maintain the yard of each Improved Lot in the Property in accordance with the current yard maintenance contract.  Additional services outside the contract may be requested by the Owner and the Owner shall be monetarily responsible for these services. The yard is defined as all portions of a Lot in the Property lying outside the exterior walls of any structure constructed on the Lot and shall include all landscaping, improvements and decorative and functional appurtenances to said structure (not to include structures and fences). The cost of yard maintenance will be a Carnoustie Garden Common Expense and shall be paid by the Lot Owner via the Carnoustie Garden dues. Each Lot in the Property shall be assessed an equal portion of the budgeted cost and or actual expenses in excess of the budgeted cost for the maintenance of the yard provided for in Carnoustie Gardens Yard Assessments.
    • A private garden may be installed on an Improved Lot by the Lot owner after approval by the ARC. Each Lot Owner shall be responsible for the installation and maintenance of the private garden.  The garden shall be no larger the Three feet by six feet (3’ x 6’) and located next to the structure in a manner consistent with the overall design of the existing landscaping. Location cannot be located at the front of the house and must be pre-approved by the ARC.
    • In the event that the need for maintenance of a Lot (both improved or unimproved) or private garden in the Property is caused through the willful or negligent acts of the Owner of the Lot or through the willful and negligent acts of the family, tenant, guest or invitees of the Owner of the Lot including, but not limited to, the failure to properly install and maintain the private garden needing such maintenance or repair, the actual cost of such maintenance shall be added to and become part of the Carnoustie Gardens Assessment to which such Lot is subject.
  • Responsibility of the Owner. Each Owner of a Lot (both improved and unimproved) in the Property shall keep all Lots owned by said Owner, and all improvements, in a safe, clean and attractive condition and in good order and repair. Such maintenance obligation shall include, without limitation, the following: 
    • prompt removal of all litter;
    • prompt removal of all trash, refuse and waste;
    • keeping improvements and exterior lighting in good repair and working order;
    • keeping driveways in good repair;
    • complying with all governmental health and police requirements;
    • repair of exterior damage to improvements
    • Garage doors must remain closed at all times except when the garage is in use.
            • Article VI
        • Covenants for Dues and Assessments
  • Creation of Carnoustie Gardens Dues and Assessments: Subject to the terms and conditions of this Declaration of Covenants, Conditions and Protective Restrictions, there is created the Carnoustie Gardens Dues and Carnoustie Gardens Assessments on the Lot covered by this Declaration of Covenants, Conditions and Protective Restrictions.
    • The Carnoustie Gardens Dues are to fund The Carnoustie Gardens Common Expenses for the benefit of the Carnoustie Gardens Members. The Carnoustie Gardens Dues shall be levied equally on all Improved Lots in the Property.
    • An Assessment may, upon the vote of the Carnoustie Gardens Board Directors and after notice to the Carnoustie Gardens Members, be levied on a Lot or Lots for a specific improvement not included in the Common Expenses.
    • The CGHOA may levy a Special Assessment on an Improved Lot of a Carnoustie Gardens Member to bring the Lot into compliance with the provisions of this Declaration of Covenants, Conditions and Protective Restrictions, any amendments to this Declaration of Covenants, Conditions and Protective Restrictions, the Carnoustie Gardens Articles of Incorporation, the Carnoustie Gardens By-Laws and the Architectural Rules and Regulations Assessment.
  • The CGHOA shall, upon demand at any time, furnish to any Owner liable for any type of the Carnoustie Gardens Dues or Assessment a certificate in writing signed by an officer or management agent of the CGHOA setting forth whether the Carnoustie Gardens Dues or Assessment has been paid as to any particular Lot. Such certificate shall be conclusive evidence of payment to the CGHOA of the Carnoustie Gardens Assessment therein stated to have been paid. The CGHOA may require the advance payment of a processing fee for the issuance of such certificate.
  • The Carnoustie Gardens Dues and Assessments shall be paid in such manner and on such dates as may be fixed by the Carnoustie Gardens Board of Directors that may include, without limitation, acceleration of the Carnoustie Gardens Assessments for delinquents.
  • No Improved Lot Owner may waive or otherwise be exempt from liability for the Carnoustie Gardens Dues or Assessments provided for in this Declaration of Covenants, Conditions and Protective Restrictions.
    • The obligation to pay the Carnoustie Gardens Dues or Assessment is a separate and independent covenant on the part of each Improved Lot Owner.
    • No diminution or abatement of the Carnoustie Gardens Dues or Assessment or set-off shall be claimed or allowed by reason of any alleged failure of the Carnoustie Gardens Board of Directors to take some action or perform some function required to be taken or performed by the Carnoustie Gardens Board of Directors under this Declaration of Covenants, Conditions and Protective Restrictions or the Carnoustie Gardens By-Laws, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the CGHOA, or from any action taken to comply with any law, ordinance or with any order or directive of any municipal or other governmental authority.
  • Effect of Nonpayment of the Carnoustie Gardens Assessments: The Carnoustie Gardens Dies or Assessments, if not paid when due, shall be delinquent.
    • The Carnoustie Gardens Dues and Assessments which are delinquent for a period of more than ten (10) days shall incur a late charge and bear interest thereon in an amount and at a rate to be set by the Carnoustie Gardens Board of Directors, but in no event greater than the maximum percentage rate as may then be permitted under the Laws of the State of Alabama.
    • In the event the Carnoustie Gardens Dues or Assessment remains unpaid after thirty (30) days, the CGHOA may bring an action at law or in equity against the Owner personally obligated to pay the same, foreclose the lien against the Property or seek injunctive relief, Interest, costs and reasonable attorney's fees of any such action shall be added to the amount of the Carnoustie Gardens Assessment.
    • The CGHOA is granted a lien on each Improved Lot in the Property and upon the goods, furniture and effects belonging to the Lot Owner and located in such Lot. Said lien shall secure and does secure the monies due for all the Carnoustie Gardens Dues and Assessments levied against the Lot in the Property which lien shall also secure such late charges, penalties and interest, if any, which may be due on the amount of any delinquent Carnoustie Gardens Assessment owing to the CGHOA, and which lien shall also secure all costs and expenses, including a reasonable attorney's fee, which may be incurred by the CGHOA in enforcing this lien upon the Lot in the Property. The sale or transfer of any Lot shall not affect the Carnoustie Gardens Assessment lien.
    • Each Owner, by acceptance of a deed in the Property, or as a party to any other type of conveyance, expressly vests in the CGHOA or the agents of the CGHOA the right and power to bring all  actions against such Owner personally for the collection of each charge as a debt and to foreclose the aforesaid lien by all methods available for the enforcement of such liens, including foreclosures by an action brought in the name of the CGHOA in a like manner as a mortgage lien on real Property, and such Owner expressly grants to the CGHOA a power of sale in connection with said lien. The lien provided for in this Declaration of Covenants, Conditions and Protective Restrictions shall be in favor of the CGHOA and shall be for the benefit of all Lot Owners. The CGHOA, acting on behalf of the Lot Owners, shall have the power to bid for an interest foreclosed at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. With the exception of the Declarant, no Owner may waive or otherwise escape liability for the Carnoustie Gardens Assessments by non-use of the Carnoustie Gardens Common Area or abandonment of Lot.
    • Except as provided for in this Declaration of Covenants, Conditions and Protective Restrictions, the lien for the Carnoustie Gardens Dues and Assessments, including interest, late charges and costs (including attorney's fees) provided for in this Declaration of Covenants, Conditions and Protective Restrictions, shall be subordinate to the lien of any first (1st) mortgage or first (1st) vendor's lien upon any Lot held by an eligible mortgage holder.
    • A sale or transfer pursuant to a foreclosure of a first (1st) mortgage or vendor's lien
      held by an eligible mortgage holder shall extinguish a subordinate lien for the Carnoustie Gardens Assessments which became payable prior to such sale or transfer. Provided, however, a sale or transfer pursuant to a foreclosure of a first (1st) mortgage or vendor’s lien held by an eligible mortgage holder shall not extinguish the lien of the CGHOA to the extent of the Common Expense Assessments based on the periodic budget adopted by the CGHOA which would have become due in the absence of acceleration during the six (6) months immediately preceding the institution of an action to enforce the lien.
    • All payments shall be applied first to costs and attorneys’ fees, then to late charges, then to interest, then to delinquent Carnoustie Gardens Assessments, then to any unpaid installments of the annual Carnoustie Gardens Assessments, the Carnoustie Gardens Special Assessments or the Carnoustie Gardens Yard Assessment, which are not the subject matter of suit in their coming due, and then to unpaid installments of the Carnoustie Gardens Assessment which are the subject matter of suit in the order of their coming due.
  • Computation of the Carnoustie Gardens Dues: It shall be the duty of Carnoustie Gardens Board of Directors, at least sixty (60) days before the beginning of each fiscal year, to prepare a budget covering the estimated Carnoustie Gardens Common Expenses of the CGHOA during the coming year.
    • The budget shall include a capital contribution establishing a reserve fund in accordance with a capital budget separately prepared.
    • Subject to the rights reserved in this Declaration of Covenants, Conditions and Protective Restrictions, the Carnoustie Gardens Board of Directors shall cause a copy of the Carnoustie Gardens Common Expense budget and notice of the amount of the Carnoustie Gardens Dues to be levied against each Lot in the Property for the following year to be delivered to each Owner at least thirty (30) days prior to the beginning of the fiscal year. Such budget and the Carnoustie Gardens Dues shall become effective unless disapproved by a simple majority of Carnoustie Gardens Members voting at a meeting called for that purpose.
    • In the event the proposed budget is not approved or the Carnoustie Gardens Board of Directors fails for any reason to determine the budget for any year, then and until such time as a budget shall have been determined as provided in this Declaration of Covenants, Conditions and Protective Restrictions, the existing budget shall remain in effect until a new budget is prepared.
  • Capital Budget and Contribution. The Carnoustie Gardens Board of Directors shall annually prepare a budget to take into account the number and nature of replaceable assets, the expected life of each asset, and the expected repair and replacement cost. The Carnoustie Gardens Board of Directors shall set the required capital contribution, if any, in the amount sufficient to permit meeting the projected capital needs of the CGHOA, as shown in the annual budget, with respect both to amount and installments of the Carnoustie Gardens Assessments to be paid over the period of the budget. The capital contribution required, if any, shall be fixed by the Carnoustie Gardens Board of Directors and included within and distributed with the budget and the Carnoustie Gardens Assessment, as provided in this Declaration of Covenants, Conditions and Protective Restrictions.
  • Date of Commencement of Assessments: Except as provided in the Declaration of Covenants, Conditions and Protective Restrictions, the Carnoustie Gardens Dues provided for in this Declaration of Covenants, Conditions and Protective Restrictions shall commence as to each Lot in the Property on the first (1st) day of the (1st) month following the (1st) budget imposed by the CGHOA. The Carnoustie Gardens Assessments shall be due and payable in a manner and on a schedule as the Carnoustie Gardens Board of Directors may provide. The first (1st) Carnoustie Gardens Dues shall be adjusted according to the number of days remaining in the fiscal year at the time the Carnoustie Gardens Dues commence of the Lot in the Property. The Carnoustie Gardens Dues shall be payable on a schedule as the Carnoustie Gardens Board of Directors may provide.
  • Uniform Rate of the CGHOA: Except as provided in this Declaration of Covenants, Conditions and Protective Restrictions Carnoustie Gardens Dues and Assessments shall be fixed at a uniform rate for all Lots in the Property. The Carnoustie Gardens Declaration of Covenants, Conditions and Protective Restrictions or any Supplemental Declaration of Covenants, Conditions and Protective Restrictions may provide that the Assessments may be fixed at a rate which is not uniform for all Lots in the Property.
  • Article VII
  • Insurance and Casualty Loss
  • CGHOA: The CGHOA s authorized to purchase and maintain insurance on the Carnoustie Gardens Common Property and on any Lot owned by the CGHOA, together with any improvements on the Carnoustie Gardens Common Property or said Lot, in such forms and such amounts, with such deductibles, and with such companies as the Carnoustie Gardens Board of Directors shall deem appropriate.
    • All hazard insurance policies obtained by the CGHOA shall designate the CGHOA as the named insured as insurance trustee for the benefit of all Owners and their mortgagees as their respective interests may appear. In the event of loss or damage, all insurance proceeds paid pursuant to a policy purchased by the CGHOA shall be paid to the CGHOA as insurance trustee under the provisions of this Declaration of Covenants, Conditions and Protective Restrictions.
    • The CGHOA shall obtain, if reasonably available, comprehensive public liability insurance with limits and provisions as approved by the Carnoustie Gardens Board of Directors.
    • All premiums upon insurance policies purchased by the CGHOA shall be assessed as a Carnoustie Gardens Common Expense to the Owners.
    • Each Owner shall be deemed to have delegated to the CGHOA the right of said Owner to adjust with insurance companies all losses under policies purchased by the CGHOA, subject to the rights of mortgagees.
  • Owner: Each Owner of a Lot in the Property shall be obligated to obtain liability or hazard insurance for the benefit of said Owner.
  • Reconstruction or Repair After Casualty: In the event of damage or destruction of all or part of any improvement or Lot in the Property, the Owner shall be responsible for the prompt reconstruction and repair of the damaged or destroyed improvement or Lot after such casualty or, at the election of the Owner, the improvement shall be removed and the Lot restored to its original condition. Should the Owner fail to repair or replace the damaged or destroyed improvement or Lot, or remove the improvements from the Lot and restore the Lot to the original condition of the Lot, within a reasonable period of time (not to exceed one hundred eighty (180) days), the CGHOA may, but shall not be obligated, to do so for the account of said Owner and may assess the Lot accordingly and, thereafter, be subrogated to any insurance proceeds.
    • If any Owner fails to perform the duties imposed on said Owner by this Declaration of Covenants, Conditions and Protective Restrictions after fifteen (15) days' written notice from the Carnoustie Gardens Board of Directors of the CGHOA to the Owner to remedy the condition in question, the CGHOA shall have the right, through the agents and employees of the Carnoustie Gardens Board of Directors to enter upon the Lot in question and to repair, maintain, repaint and restore or remove the improvements on the Lot and restore the Lot to the original condition of said Lot and the cost thereof shall be a binding, personal obligation of such Owner when billed by the CGHOA as well as a lien upon the Lot in question. The lien provided for in this Declaration of Covenants, Conditions and Protective Restrictions shall have the same enforceability and priority as the lien provided for in this Declaration of Covenants, Conditions and Protective Restrictions.
    • In the event of the damage or destruction of all or part of the improvements on the Carnoustie Gardens Common Property, CGHOA shall be responsible for the prompt reconstruction and repair of the improvements after such casualty. Provided, however, the Carnoustie Gardens Board of Directors of the CGHOA may elect not to reconstruct or repair the improvements on the Carnoustie Gardens Common Property. Reconstruction or repair shall be mandatory unless a Majority of the Carnoustie Gardens Board of Directors of the CGHOA vote that it is not necessary to repair or reconstruct said damaged or destroyed improvement. Any reconstruction or repair must comply in all other respects with the terms, conditions and provisions of this Declaration of Covenants, Conditions and Protective Restrictions.
  • Article VIII

Amendment

This Declaration of Covenants, Conditions and Protective Restrictions may be amended only by the affirmative vote or written consent, or any combination thereof, of the Carnoustie Gardens Members representing a majority of the total votes of the Carnoustie Gardens Members. However, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. Any amendment to be effective must be recorded in the public records of Baldwin County, Alabama.

If an Owner consents to any amendment to this Declaration of Covenants, Conditions and Protective Restrictions or the Carnoustie Gardens By-Laws, said consent will be conclusively presumed that such Owner has the authority so to consent and no contrary provision in any mortgage or contract between the Owner and a third party will affect the validity of such amendment.

Article IX

General Provisions

  • The covenants and restrictions of this Declaration of Covenants, Conditions and Protective Restrictions shall run with and bind the Property, and shall not cause to be affected by something unpleasant to the benefit of and shall be enforceable by the CGHOA or the Owner of any Property subject to this Declaration of Covenants, Conditions and Protective Restrictions, their respective legal representatives, heirs, successors and assigns, for a term of ninety-nine (99) years from the date this Declaration of Covenants, Conditions and Protective Restrictions is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless an instrument in writing, signed by a majority of the Owners, has been recorded within the year preceding the beginning of each successive period of ten (10) years, agreeing to change said covenants and restrictions, in whole or in part, or to terminate the same, in which case this Declaration of Covenants, Conditions and Protective Restrictions shall be modified or terminated as specified therein.
  • Severability. If any Article, part, clause, provision or condition of this Declaration of Covenants, Conditions and Protective Restrictions is held to be void, invalid or inoperative, such voidness, invalidity or inoperativeness shall not affect any other Article, clause, provision or condition of this Declaration of Covenants, Conditions and Protective Restrictions, but the remainder of this Declaration of Covenants, Conditions and Protective Restrictions shall be effective as though such Article, clause, provision or condition had not been contained therein.
  • Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the CGHOA unless approved by a vote of simple majority of the Carnoustie Gardens Members. Such approval shall apply to:
      • actions brought by the CGHOA to enforce the provisions of this Declaration of Covenants, Conditions and Protective Restrictions (including, without limitation, the foreclosure of liens),
      • the imposition and collection of the Carnoustie Gardens Assessments as provided in this Declaration of Covenants, Conditions and Protective Restrictions,
      • proceedings involving challenges to ad valorem taxation, or (d) counterclaims brought by the CGHOA in proceedings instituted against the CGHOA.
  • Unrestrictive Right of Transfer. The right of a Lot Owner to sell, transfer or convey said Lot shall not be subject to any right of first refusal or a similar restriction.
  • No Restrictions on Mortgaging. Anything construed in this Declaration of Covenants, Conditions and Protective Restrictions to the contrary, there shall be no restrictions on a Lot Owner's right to mortgage a Lot.
  • Acceptance by Grantee. The grantee of any Lot subject to the coverage of this Declaration of Covenants, Conditions and Protective Restrictions, by acceptance of the deed or other instrument conveying an interest in or title to, or the execution of a contract for the purchase of a Lot, whether from Declarant or a subsequent Owner of such Lot, shall accept such deed or other contract upon and subject to each and all of the terms and conditions set out in this Declaration of Covenants, Conditions and Protective Restrictions.
  • Indemnity for Damages. Each and every Lot Owner and future Lot Owner, in accepting a deed or contract for any Lot subject to this Declaration of Covenants, Conditions and Protective Restrictions, agrees to indemnify the CGHOA for any damage caused by such Owner, or the contractor, agent or employees of such Owner, to private access areas, streets, roads, gutters, walkways or other aspects of private or public ways, including all surfacing thereon or to water, drainage or storm sewer lines or sanitary sewer lines owned by Declarant, or for which Declarant has responsibility, at the time of such damage.
  • Captions. Gender and Grammar. The captions preceding the various sections, paragraphs and subparagraphs of this Declaration of Covenants, Conditions and Protective Restrictions are for the convenience of reference only, and none of them shall be used as an aid to the construction of any provision in this Declaration of Covenants, Conditions and Protective Restrictions. Wherever and whenever applicable, the singular form of any word shall be taken to mean or apply to the plural, and the masculine form shall be taken to mean or apply to the feminine or to the neuter.
  • No Reverter. No provision of this Declaration of Covenants, Conditions and Protective Restrictions is intended to be, or shall be construed as, a condition subsequent for creating a possibility of reverter.
  • Enforcement. In the event of a violation or breach of any of this Declaration of Covenants, Conditions and Protective Restrictions, the Carnoustie Gardens By-Laws or the Rules and Regulations by any Owner, or employee, agent, or lessee of such Owner, the Owner(s) of Lot(s), the CGHOA shall have the right to proceed at law or in equity to compel compliance with the terms and conditions of this Declaration of Covenants, Conditions and Protective Restrictions, to prevent the violation or breach of the Carnoustie Gardens Declaration of Covenants, Conditions and Protective Restrictions, Carnoustie Gardens By-Laws or the Rules and Regulations to sue for and recover damages or other dues, or take all such courses of action at the same time, or such other legal remedy it may deem appropriate. No delay or failure on the part of an aggrieved party to initiate an available remedy set forth in this Declaration of Covenants, Conditions and Protective Restrictions shall be held to be a waiver of that party or an estoppel of that party or of any other party to assert any right available to said party upon the recurrence or continuation of said violation or the occurrence of a different violation. Damages shall not be deemed adequate compensation for any breach or violation of any provision of this Declaration of Covenants, Conditions and Protective Restrictions, but any Person or entity entitled to enforce any provision in this Declaration of Covenants, Conditions and Protective Restrictions shall be entitled specifically to relief by way of injunction as well as any other available relief either at law or in equity. Any party to a proceeding who succeeds in enforcing this Declaration of Covenants, Conditions and Protective Restrictions, the Carnoustie Gardens By-Laws or the Rules and Regulations or enjoining the violation of this Declaration of Covenants, Conditions and Protective Restrictions against a Lot Owner may be awarded a reasonable attorney's fee against such Lot Owner.
  • Certificate of Violation. In addition to any other rights or remedies under this Declaration of Covenants, Conditions and Protective Restrictions or at law or equity, the CGHOA shall have the right to file in the records of Baldwin County, Alabama, a Certificate or Notice of Violation of this Declaration of Covenants, Conditions and Protective Restrictions (which violation shall include, without limitation, nonpayment of the annual charges and/or failure to comply with architectural guidelines) upon failure of a Lot Owner to correct a violation of this Declaration of Covenants, Conditions and Protective Restrictions within thirty (30) days after written notice of the violation has been given by the CGHOA to the Lot Owner.
  • Estoppel Certificate. Upon the request of any of the Carnoustie Gardens Members, the Carnoustie Gardens Board of Directors, or designee, shall furnish a written certificate signed by an officer or agent of the CGHOA regarding unpaid Carnoustie Gardens Assessments levied against the Property of the Carnoustie Gardens Member in violation of this Declaration of Covenants, Conditions and Protective Restrictions, the Carnoustie Gardens By-Laws, architectural Rules and Regulations by any Owner or occupant of the Property. Such certificate shall bind the CGHOA with respect to the foregoing matters. The CGHOA may require the advance payment of a reasonable processing fee.
  • Interpretation of this Declaration of Covenants, Conditions and Protective Restrictions. The CGHOA shall have the right to construe and interpret the provisions of this Declaration of Covenants, Conditions and Protective Restrictions, and in absence of adjudication by a court of competent jurisdiction to the contrary, its construction or interpretation shall be final and binding as to all Persons or Property benefitted or bound by the provisions of this Declaration of Covenants, Conditions and Protective Restrictions.
  • Assignment by the CGHOA. The CGHOA shall be empowered to assign the rights of the CGHOA under this Declaration of Covenants, Conditions and Protective Restrictions to any successor non-profit membership corporation ("Successor Corporation") and, upon such assignment; the Successor Corporation shall have all the rights and be subject to all the duties of the CGHOA under this Declaration of Covenants, Conditions and Protective Restrictions.
  • Deviation. The Board of Directors of the CGHOA or designee may, in the exercise of reasonable discretion, permit deviations from the restrictions contained in this Declaration of Covenants, Conditions and Protective Restrictions, the Carnoustie Gardens By-Laws, and the Rules and Regulations. of the architectural guidelines.
  • Use of the Words "Carnoustie Gardens" or "Carnoustie Gardens Home Owners Association". No Person shall use the words "Carnoustie Gardens" or "Carnoustie Gardens Home Owners Association" or any derivative thereof in any printed or promotional material without the prior written consent of Declarant. Provided, however, Owners may use the terms "Glen lakes" or “Carnoustie Gardens' or "Carnoustie Gardens Home Owners Association" in printed or promotional matter where such term is used solely to specify that particular Property is located within the Property.
  • Security. The CGHOA will strive to maintain the Property as a safe, secure environment. However, the CGHOA shall not be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. All Owners, tenants, guests, and invitees of any Owner, as applicable, acknowledge that the CGHOA and committees established by the foregoing entity, are not insurers and that each Owner, tenants, guests, and invitees of any Owner, assumes all risk of loss or damage to Persons, to Lots, and to the contents of Lots and further acknowledge that the Declarant has made no representations or warranties, expressed or implied including any warranty of merchantability or fitness for any particular purpose relative to any security measures recommended or undertaken.

CARNOUSTIE GARDENS ARCHITECTURAL REVIEW COMMITTEE (arc)

RULES AND REGULATIONS

ARCHITECTURAL STANDARDS

CONTRACTOR GUIDELINES

Architectural Review Committee (ARC)

The provisions of this Architectural Rules and Regulations were set out in full in this Declaration of Covenants, Conditions and Protective Restrictions. The CGHOA shall have authority to make and to enforce the provisions of this Declaration of Covenants, Conditions and Protective Restrictions and architectural standards and restrictions governing the use of the Property. The Property shall be used only for the purposes designated in this Declaration of Covenants, Conditions and Protective Restrictions.

  • NO WAIVER OF FUTURE APPROVALS: Each Owner acknowledges that the Persons reviewing applications under the ARC Articles may vary from time to time and that opinions on aesthetic matters, as well as interpretation and application of the Architectural Guidelines, may vary accordingly. In addition, each Owner acknowledges that it may not always be possible to identify objectionable features until work has been completed, in which case it may be unreasonable to require changes to the improvements involved, but the Architectural Review Committee may refuse to approve similar proposals in the future.
  • Insurance Rates: Nothing shall be done or kept on any Lot or in any improvement or the Carnoustie Gardens Common Area which will increase the rate of insurance on any Property insured by the CGHOA without the approval of the Carnoustie Gardens Board of Directors, nor shall anything be done or kept on any Lot which would result in the cancellation of insurance on any Property insured by the CGHOA which would be in violation of any law.
  • Occupants Bound: This Declaration of Covenants, Conditions and Protective Restrictions, the Carnoustie Gardens By-Laws and any Rules and Regulations or use restrictions that govern the conduct of Owners and that provide for sanctions against Owners shall also apply to all occupants, guests, tenants, and invitees of any Lot Owner. Every Owner shall cause all occupants of said Lot to comply with this Declaration of Covenants, Conditions and Protective Restrictions, the Carnoustie Gardens By-Laws, and the Rules and Regulations, and shall be responsible for all violations and losses to the Property caused by those occupants, notwithstanding the fact that those occupants of a Lot are fully liable and may be sanctioned for any violation of the this Declaration of Covenants, Conditions and Protective Restrictions, the Carnoustie Gardens By-Laws and Rules and Regulations.
  • No Discrimination: No action shall at any time be taken by Declarant, the CGHOA or the Carnoustie Gardens Board of Directors which in any manner would discriminate against any Owner or Owners in favor of the other Owners.
  • Article I

Architectural Rules and Regulations

  • Play Equipment, Strollers, etc. All bicycles, tricycles, scooters, skateboards, portable baseball cages, basketball nets, soccer equipment and other play equipment, wading pools; baby strollers and similar items shall be stored so as not to be visible from roads or Properties adjacent to the Lot.  No such items shall be allowed to remain on the Carnoustie Gardens Common Area or on Lots so as to be visible from adjacent Properties or the road when not in use. Provided, however, the Architectural Review Committee may, but shall not be obligated to, permit swing sets and similar permanent playground equipment to be erected on Lots provided approval is obtained from the Architectural Review Committee. No baseball cages or similar recreational facilities shall be permitted without approval of the Architectural Review Committee.
  • Golf Carts: Golf carts shall be stored only in garages serving the Lot of the Owner of said Golf Cart. No golf cart shall be placed, parked or stored on the lawn of any Lot. All golf carts shall be kept in good order and repair. No child under the age of sixteen (16) shall be permitted to operate a golf cart.
  • Window Coverings, etc. No window coverings, awnings, canopies, shutters, patio cover, building or storage unit of any kind shall be erected, placed or permanently installed on the exterior of any Lot unless first approved by the Architectural Review Committee.
  • Preservation of Trees, Topography or Vegetation: No tree having a diameter of six (6) inches or more (measured from a point two (2) feet above ground level) shall be removed from any Lot without the express written authorization of the Architectural Review Committee. In order to protect the natural beauty of the vegetation and topography of the Property, and to provide privacy to Lot Owners, written approval of the Architectural Review Committee is required for the removal, reduction, cutting down, excavation, filling or alteration of any topographic and vegetation characteristics. The Architectural Review Committee, at its discretion, may adopt and promulgate Rules and Regulations regarding the Property and in general the preservation of trees, and other natural resources and wildlife upon all of the Property. If the Architectural Review Committee shall deem it appropriate, the Architectural Review Committee may mark certain trees, regardless of size, as not removable without written authorization. The CGHOA and the Architectural Review Committee and the respective agents of each may come upon any Lot during reasonable hours for the purpose of inspecting or marking trees or in relation to the enforcement and administration of any Rules and Regulations adopted and promulgated pursuant to the provisions of this Declaration of Covenants, Conditions and Protective Restrictions. Neither the CGHOA, nor the Architectural Review Committee, nor their respective agents shall be deemed to have committed a trespass or wrongful act by reason of any such entry or inspection.
  • Fences, Walls, Hedges and Ornamental Structures: No fence, wall, hedge, ornamental structure, screened enclosure, patio, pools, hot tubs, gazebo, etc. shall be located or constructed on any Lot unless approved by the Architectural Review Committee. None of these items shall be placed within twenty feet (20’) of the rear property line, with the exception of interior lots, which may place these items within ten feet (10’) of the rear property line.
  • Mail or Newspaper Boxes: All mailboxes shall be consistent throughout Carnoustie Gardens. They must be black in color and materials and design must be approved by the Architectural Review Committee.
  • Exterior Sculptures or Similar Items: Exterior sculpture, fountains, flags and similar items must be approved by the Architectural Review Committee. Nothing contained in this Declaration of Covenants, Conditions and Protective Restrictions shall prohibit the appropriate display of the American Flag.
  • Temporary Structures: No temporary building, trailer, garage or building in the course of construction or other temporary structure shall be used, temporarily or permanently, as a residence or temporary housing or the like on any Lot. If approved by the Architectural Review Committee, such a structure may be used as a security station during construction or other special purpose.
  • Pipes: To the extent of the interest of the Owners of a Lot, no water pipe, gas pipe, sewer pipe or drainage pipe shall be installed or maintained on any Lot above the surface of the ground.
  • Clotheslines: No clothing or any other household fabric shall be hung in the open on any Lot and no clothes lines or clothes hanging devices shall be kept or maintained on any Lot.
  • Energy Conservation Equipment: No solar energy collector panels or attendant hardware or energy conservation equipment shall be constructed or installed on any Lot unless it is an integral and harmonious part of the architectural design of a structure, as determined in the sole discretion of the Architectural Review Committee. Under no circumstances shall solar panels be installed that will be visible from any road or the Carnoustie Gardens Common Area in the Property.
  • Oil or Gas Tanks, Pools, Swimming Pool Equipment: All swimming pool equipment and housing must be approved by the ARC prior to installation. No oil tanks or bottled gas tanks shall be allowed on any Lot or on the Carnoustie Gardens Common Area. Provided, however, two (2) bottled natural/propane gas tanks no larger than five (5) gallons in size may be kept on a Lot for the purpose of cooking with a gas grill and so long as said natural/propane gas tank is placed in a screened area and so that they are not visible from any the Carnoustie Gardens Common Area, road or adjoining Property. No above ground pools shall be erected, constructed or installed on any Lot except that above ground spas or Jacuzzis may be permitted with approval of the Architectural Review Committee. Any in- ground pool to be constructed on any Lot shall be subjected to the requirements of the Architectural Review Committee, which include, but are not limited to, the following:
    • composition to be of material thoroughly tested and accepted by the industry for such construction;
    • pool screening may not be visible from the street in front of the Lot;
    • All screening material shall be of a color in harmony with the Lot. No raw aluminum color screen will be allowed.
    • Pool decks must be finished with material and color that are harmonious with the home.
    • Pool equipment must be screened by an approved landscaping plan or brick surround.
  • Irrigation: All sprinkler and irrigation systems must be installed underground and shall be subject to approval of the Architectural Review Committee.
  • Wells and Drainage: Except as provided in this Declaration of Covenants, Conditions and Protective Restrictions, no private water system shall be located on any Lot. Provided, however, the CGHOA shall have the right to install a private water system or systems on any Lot or other Property within
  • Mineral Operations Prohibited: No oil drilling, oil development operation, oil refining, quarrying or mining operations shall not be permitted on any Lot, nor shall oil wells, derricks, tanks, tunnels, mineral excavations or shafts be erected or permitted to remain on any Lot.
  • Storm Precautions: No hurricane or storm shutters shall be permanently installed on any structure on a Lot. Hurricane or storm shutters may be installed temporarily, and other storm precautions may be taken to protect structures on a Lot, while the threat of a hurricane or similar storm is imminent; provided, all such shutters and other exterior alterations or additions made as a storm precaution shall be promptly removed once the storm or imminent threat of the storm has passed.
  • Accumulation of Refuse or Noxious Activity: No lumber, metals or bulk materials (except lumber, metals and bulk materials as is usual in the maintenance of a private residence and which must be stored in such a manner so that it cannot be seen from adjacent and surrounding Property), refuse or trash shall be kept, stored or allowed to accumulate on any Lot, except building materials during the course of construction of any approved structure. No harmful or noxious materials shall be stored, either inside any structure, or outside any structure, if said materials pose any significant threat to public health and safety or to individuals employed or living within or in proximity to such structures.
  • No portion of the Property shall be used, in whole or in part, for the storage of any Property or thing that will cause the Property to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept on any portion of the Property that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort or serenity of the occupants of surrounding Property. No noxious, illegal or offensive activity shall be carried on upon any portion of the Property nor shall anything be done on the Property tending to cause embarrassment, discomfort, annoyance or nuisance to any Person using any portion of the Property. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, and unsightly. Unpleasant or of a nature that may diminish or destroy the enjoyment of the Property. No outside burning of wood, leaves, trash, garbage or household refuse shall be permitted within the Property.
  • Adjoining Lot Ownership: For the purposes of this Declaration of Covenants, Conditions and Protective Restrictions, any Owner having two (2) or more adjoining Lots may treat, use and build on them as though they were one (1) after making written application and receiving written approval by the Architectural Review Committee. Said approval shall be recorded and operate as an amendment to this Declaration of Covenants, Conditions and Protective Restrictions. The rights granted by this Section are subject to the easements, if any, granted to others and any applicable subdivision regulations and zoning ordinances.
  • Article II

Architectural Standards

    • Dwelling Area: The livable area (heated and cooled area) of the structure, exclusive of open porches and garages, located on a Lot shall contain not less than eighteen hundred (1,800) square feet. Maximum square footage for heated and cooled area, exclusive of open porches and garages shall be 2400 square feet.
    • 2-story homes are not approved. However, a 1-1/2 story home, lending to the appearance of a one (1) story home, will be considered. This would require 2nd level HVAC areas to be contained within the overall first floor roof structure. Code approved dormers may be required.
    • Roof covering of the dwelling size is not to exceed forty (40) per cent of the total lot area.
    • First Floor Elevation (FFE) is a minimum eighteen inches (18") from the highest point of the curb or center of the road.  Foley Inspection Department has their own minimum and the highest of the two will be the requirement. Exceptions will be determined for exceptional situations as determined by the ARC. FFE cannot exceed three (3) seven (7) inch steps from finish grade to FFE.
    • No detached structure of any type is allowed. Attached and detached will be solely determined by the Architectural Review committee.
    • Garages and Carports. No carport may be constructed on any Lot. Garages shall open toward a road unless approved by the Architectural Review Committee. Garages shall have a maximum of two (2) 10 feet wide by 8 feet high doors plus one (1) smaller golf cart door
    • Driveways are to be constructed of four inch (4”) deep concrete or driveway pavers. Each driveway must be completed on or prior to the completion of the dwelling. All driveways must connect with the adjoining road and the parking area on the Lot. The location, design and construction of all driveways must be approved in writing by the Architectural Review Committee prior to construction. Unless otherwise approved by the Architectural Review Committee all driveways located on the Lots must access to and from and all houses must front the adjoining road.
    • A detailed water management plan is required showing all water run-off to be contained within the Owner’s Lot. A pre-construction approved agreement with an adjacent neighbor to address combined run-off will be considered.
    • No exposed foundation is allowed.
    • Nine foot (9’) high exterior base walls are the minimum allowed.
    • Recommended materials for exterior usage: Brick on all sides of the home with stone, stucco or concrete board considered for small feature walls.
    • Vinyl Soffits with Aluminum Fascia are allowed, with minimal vinyl gable accents areas to be considered. Vinyl lap siding will not be permitted.
    • Windows shall be of solid vinyl, vinyl or aluminum clad wood. No still finished aluminum windows are allowed.
    • Long wall sections of thirty feet (30) or more should contain at least one (1) window of three feet by five feet (3’ x 5’) size. Windows with a reflective tint are not allowed.
    • Exterior shutters are preferred to be a proportional fit to the windows; however, aesthetically pleasing, non-operable shutters will be considered.
    • Doors shall be fiberglass or wood. No metal doors are allowed.
    • Roofs: No flat, shed, towers or turrets are allowed without ARC approval. Roofs are to be of an eight to twelve (8 to 12) minimum pitch. Higher pitched roofs of up to twelve on twelve (12 on 12) will be considered for approval if aesthetically pleasing. Roof material shall be of an “Architectural 3-Dimensional” design compatible with GAF Timberline series. All roof penetrations ae to be kept to the back of the house unless code requirements will not allow. In this case, the roof penetration is to be on the side of the roof and as far to the rear of the home as code allows. All vents to be painted to match the roof color as near as possible.
    • Chimneys No exposed flue pipes are permitted. Chimney chases ae to be finished with brick, stone, stucco, or concrete board materials, in best relationship with the appropriate look of the home. Top of the chase shall have a visual screen/shroud.
    • Outside HVAC units, electrical meters, grinder/pool pumps and other utility items cannot be located in the front yard. A wall of adequate landscape screening on all sides of these units is required.
    • Landscaping. A landscaping plan is required at the time of plan application. Other than patio/porch and door opening areas, all sides of the house are to have foundation plantings. Pool enclosures are to have full perimeter plantings. Foundations plants are to be three (3) gallon sizing and planted a minimum three feet (3’) apart. One (1) gallon plants for ground covering plans are required. A water management plan can be included on the landscaping plan. Full sodding of the Lot is required in other than planting areas. Full landscaping is to be completed prior to occupancy.
    • Exterior Lighting: Exterior lighting plans must be set forth on the architectural landscape plan for the Lot and must be approved by the ARC. No exterior lighting fixture other than fixtures approved by the ARC shall be installed within or up on any Lot without safety and proper shielding of the fixture. No lighting fixture may be installed that may become an annoyance or nuisance to Owners or occupants of adjacent properties.
    • Two trees per Lot are required and shall be of ten feet (10’) in height upon planting. Lots with pre-existing trees must have pre-construction approval for removal. If a tree is removed, it must be replaced with a similar native species. Non-native species are prohibited.
    • Wall or Window air conditioning units are not permitted.
    • Energy Conservation Equipment: No solar energy panels or attendant hardware or energy conservation equipment shall be constructed on any Lot unless said equipment is an integral and harmonious part of the architectural design of a structure, as determined at the sole discretion of the ARC. Under no circumstances shall solar panels be installed that will be visible from any road or common area in Carnoustie Gardens.
    • Outside Installations: Except as provided in the Declaration, no antennae, aerials, satellite dishes, towers or other apparatus for transmission of television, radio or other signals of any kind shall be erected, installed, placed, allowed or maintained upon any portion of the Owner’s Property or Carnoustie Gardens common areas, except that:
    • A “dish style “antenna designed to receive direct and broadcast satellite services including direct-to-home satellite services, that are one (1) in number and one (1) meter or less in diameter. These are to be placed on the roof only, towards the back of the home. In the event that an acceptable signal CANNOT be attained the ARC will consider alternative locations with prior approval only. All efforts must be made to keep the view of the dish antenna to the back of the home. Under no circumstances will an installation be allowed at the front of the home.
    • Broadcast TV antennas must be contained within the home. 
    • Minimum Building Setback Lines: These are the minimum setback standards for Carnoustie Gardens homes sites that govern the location of the home, fences, pool enclosures, etc. All setbacks are measured from and perpendicular to your property lines. A twenty-foot (20’) easement along the rear of your property line has been established by deed for each Lot. EXCETION: a ten-foot (10’) setback from the back Lot line is permitted on interior Lots for authorized fences, and twenty foot (20’) for all other Lots. No building, pool enclosure, improvement, structure, or landscaping located on any Lot shall be constructed, erected, allowed, placed, remodeled, reconstructed, added to or allowed to remain on any Lot so as to be located any nearer to any Property boundary. All setbacks shall comply with all applicable subdivision regulations and City and County zoning ordinances. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas.
    • Placement of the Home on Your Lot: The Architectural Review Committee will recommend of your home on the Lot, based on appearance as one would drive into the community. An example would be if the garage protrudes past the front entrance of the home, the garage should be placed on the side of the Lot that would not obscure the entrance of the homes. In these cases, the home would need to be “reversed”. Consideration will be given to special situations.
    • Future Improvement Review: No modification of any building or landscaping improvements may be undertaken without prior review and written approval of the Architectural Review Committee. A request for review for the proposed improvement, or modification must contain:
    • Site plan of proposed location of improvements presented in relation to your home;
    • Letter of intent of change, including description and purpose of improvements:
    • Material and color samples that are encouraged to match or blend with existing materials;
    • Names and addresses of adjacent Owners. It is encouraged that discussion with your immediate neighbors takes place prior to submittal, keeping their concerns of blocking views, etc., in mind when making decision on your proposed changes Consider future growth of landscaping, especially trees.
    • Minor Changes: An ARC representative can approve minor changes at the site. The representative will determine distinction between minor and major changes.
  • Article III
  • Carnoustie Gardens Architectural Review (ARC)

Contractor Guidelines

Effective January 1, 2016

 

    • The Architectural Review Committee (ARC) must give final approval, in writing, of all plans before any Lot before any clearing can begin.
    • Revisions must be approved by the ARC prior to implementation. Major changes may require resubmission of the entire plan for approval.
    • Contractors must be licensed and in good standing with the State of Alabama and must provide proof thereof. Building permits must be posted as required by code. The construction site must be kept clean at all times and managed daily. Radio/music is permitted, but sound is to be contained within the property. ANY complaints from neighbors will require that radios/music be turned off. Neighbor welfare receives priority.
    • Construction Access. In order to provide the immediate neighbors with reasonable building interruptions, sensible limitations are to be maintained. Construction access will be allowed only between the hours of 7 a.m. and 6 p.m. Monday through Friday. Saturday access is 8 a.m. to 3 p.m. Sunday and holidays are quiet days for the neighborhood. The ARC will consider some exceptions under extreme situations and with a one (1) week prior notification so that notices can be sent to the neighbors. Any contractor or sub-contractor found to be in obvious non-conformity of ARC regulations may be denied access and construction may be suspended. The homeowner is ultimately responsible for his/her contractor’s performance.
    • Water management plan. It is required to have a plan showing control of your water runoff.  It is unlawful to push water runoff onto an adjacent Lot. Control can generally be maintained by a swale within the Lot and sloped to o the street or adjacent, designated drainage area. The slope should be sufficient to avoid standing water for more than twelve (12) hours in a normal rain. French drains may be required, at the homeowner’s expense, to properly control their runoff. Avoid future problems by requiring the proper building height that allows the proper slope to maintain water flow to the street/drainage area. Addressing this in advance can save the homeowner huge problems in the future.
    • Contractor/Builder/Subcontractor Selection. It is imperative that a homeowner select a high quality, high character, financially strong individual or business. Our suggestion to every homeowner is to do a high degree of due diligence to prevent potential problems in the future. Here are a few suggestions to help you in your selection.
    • Alabama Home Builders Licensure Board: http://www.hblb.alabama.gov. Click on the Consumer link and you will have a wealth of information to help check on contractors. Remember, your home builder MUST have an Alabama, Baldwin County and Foley license to build your home or do your remodeling.
    • Home Builders Association of Alabama: (800) 745-4222. http://www.hbaa.org. You can check on the builder/contractor to see if they have any claims against them or previous settlements from grievances brought against them by customers.
    • Contact several past customers.
    • Have a detailed contract that spells out what is expected of both parties.
    • Set your contract up in segmented draws based on pre-designated work accomplished prior to payment.
    • Completion of Construction: All homes and other structures, landscaping and other improvements must be completed within six (6) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the Owner or builder due to strikes, fires, national emergencies or natural calamities in which case the Architectural Review Committee may grant a three (3) month extension. Houses and other dwelling structures may not be temporarily or permanently occupied until the exteriors thereof have been completed. During the continuation of construction, the Owner shall require the contractor to maintain the Lot in a reasonably clean and uncluttered condition. Upon completion of construction, the Owner shall cause the contractor to immediately remove all equipment, tools, construction material and debris from the Lot. Any damage to roads, paths, curbs, the Carnoustie Gardens Common Property or any other Property owned by any Person or entity caused by the Owner or the agent of the Owner, contractor or other party providing labor or services to the Owner shall be repaired by the Owner.
  • In Witness Whereof, the undersigned, being the Carnoustie Gardens Home Owners Association, Inc. has caused this Declaration of Covenants, Conditions and Protective Restrictions to be executed on this ____of _______________, _________

_______________________________________ _ ___________________________________

Rose Marie Campbell, President    James Walker, Vice President

_______________________________________ ____________________________________

Leann Abernathy, Secretary    Dean Rick, Treasurer

_______________________________________

Robert Jones, Member at Large      

STATE OF ALABAMA

COUNTY OF BALDWIN

I, the undersigned authority, a Notary Public in and for said State and County, hereby certify that Rose Marie Campbell, whose name as President of the Carnoustie Gardens Home Owners Association, Inc., an Alabama corporation, is signed to the forgoing instrument, she is known to me, acknowledged before me on the day that, being informed of the contents of the instrument, he, as President and with full authority, executed the same voluntarily for and as an act of said Carnoustie Gardens Home Owners Association, Inc.

Under my hand and seal on the __________________________________

_____________________________________________

Notary Public

My Commission Expires

 

 

STATE OF ALABAMA

COUNTY OF BALDWIN

I, the undersigned authority, a Notary Public in and for said State and County, hereby certify that James Walker whose name as Vice President of the Carnoustie Gardens Home Owners Association, Inc., an Alabama corporation, is signed to the forgoing instrument, he is known to me, acknowledged before me on the day that, being informed of the contents of the instrument, she, as Secretary/Treasurer and with full authority, executed the same voluntarily for and as an act of said Carnoustie Gardens Home Owners Association, Inc.

Under my hand and seal on _____________________________

 

_____________________________________________

Notary Public

My Commission Expires

 

STATE OF ALABAMA

COUNTY OF BALDWIN

I, the undersigned authority, a Notary Public in and for said State and County, hereby certify Leann Abernathy whose name as Secretary of the Carnoustie Gardens Home Owners Association, Inc., an Alabama corporation, is signed to the forgoing instrument, he is known to me, acknowledged before me on the day that, being informed of the contents of the instrument, he, as Member and with full authority, executed the same voluntarily for and as an act of said Carnoustie Gardens Home Owners Association, Inc.

Under my hand and seal on the ________________________________

_____________________________________________

Notary Public

My Commission Expires

STATE OF ALABAMA

COUNTY OF BALDWIN

I, the undersigned authority, a Notary Public in and for said State and County, hereby certify that Dean Rick whose name as Treasurer of the Carnoustie Gardens Home Owners Association, Inc., an Alabama corporation, is signed to the forgoing instrument, he is known to me, acknowledged before me on the day that, being informed of the contents of the instrument, he, as Member and with full authority, executed the same voluntarily for and as an act of said Carnoustie Gardens Home Owners Association, Inc.

Under my hand and seal on the ________________________________

_____________________________________________

Notary Public

My Commission Expires

STATE OF ALABAMA

COUNTY OF BALDWIN

I, the undersigned authority, a Notary Public in and for said State and County, hereby certify that Robert Jones, Member at Larger of the Carnoustie Gardens Home Owners Association, Inc., an Alabama corporation, is signed to the forgoing instrument, he is known to me, acknowledged before me on the day that, being informed of the contents of the instrument, he, as Member and with full authority, executed the same voluntarily for and as an act of said Carnoustie Gardens Home Owners Association, Inc.

Under my hand and seal on the ________________________________

_____________________________________________

Notary Public

My Commission Expires