Adopted October 17, 1989
Adopted October 17, 1989
KNOW ALL MEN BY THESE PRESENTS: That Springbrook Lake Estates Property Owners
Association Inc., ("Association") desiring to create and establish certain
restrictions with respect to all of the lots in the Springbrook Lake Estates
Development Subdivision ("Development"), said Development being the sections
described in plats of record in the Registers Office of Madison County, Tennessee,
in Plat Book 2, Page 171; Plat Book 2, Page 208; Plat Book 2, Pages 250 and 251;
Plat Book 3, Page 269; Plat Book 3, Page 296; and Plat Book 4, Pages 29, 30 31 and 32,
for the benefit and protection of the owners of lots in the Development and all
persons subsequently being purchasers or owners of any such lots, and as an
inducement to encourage the purchase by others of such lots for residential
purposes, does hereby impress upon the property described in the above plats and
upon each and all of the lots into which the Devlopment has been subdivided, as
provided by the plats described above, the following covenants and restrictions:
Adopted November 4, 1997 Adopted June 30, 1994 Amended
November 4, 1997 Adopted October 27, 1992 Adopted October 27, 1992 Adopted June 30, 1994 Amended November 4, 1997
A. Each owner of any lot described in said plat at the time of acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to become a member of Springbrook Lake Estates Property Owners Association Inc., pursuant to said Association by-laws, and is deemed to convenant and agree to pay said association periodic and special assessments as the governing board of said Association shall establish pursuant to its bylaws.
B. "Owner herein shall refer to the record owner, whether one or more persons or entities, of any effected lot, but excludes those having an interest in the affected lot merely as security for the performance of an obligation.
C. The periodic and special assessments, together with interest, cost and reasonable attorneys fees, shall be charged upon each affected lot and shall be a continuing lien upon the affected lot against from which such assessment is made from date said assessment is due. Each such assessment, together with such interest, cost and attorneys fees, shall also be a personal obligation of the person who is owner of the lot at the time when the assessment becomes due and payable.
The lien of the assessments provided for herein shall be subordinate to the liens of FHA or VA Deeds of Trust when the loan is guarenteed by the US Government or any of its agencies, and any other Deeds of Trust having less than four lots described therein, filed for record subsequent to the adoption of this Admendment. [Amendment adopted March 19, 1991] Sale or transfer of any said lots shall not affect the assessment lien. However the sale or transfer of any said lots is subject to any Deed of Trust or Mortgage above set out, pursuant to a Trustees Deed of Forclosure under such Deed of Trust or Mortgage or any proceeding in lieu of forclosure thereof, shall extinguish the lien of such assessments as to the payments thereof, which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof.
D. Sale or transfer of any affected lot shall not affect the assessment lien. Any owner of a lot shall be responsible for any unpaid prior assessments concerning a lot, regardless of when said owner purchased said lot.
E. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the highest legal rate of interest allowable in the state of Tennessee, and the Association may bring an action at law or equity against the owner personally obligated to pay the same, or forclose the lien against the property, and interest, cost, and a reasonable attorneys fees for any such action shall be added to the amount of the assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of any common area or abandonment of his lot.
F. All lots in the development shall be used for private residential purposes only, except lots designated on the subdivision as "Access areas", which shall be reserved for access to the lakes by offshore lot owners.
1. The home occupation shall be limited in employment to the residents of the property.
2. The home occupation shall be clearly incidental and secondary to the use of the site for dwelling purposes and shall not change the residential character thereof.
3. The home occupation shall be conducted within the dwelling and/or within an accessory building provided that all structures used shall be harmonious in appearance with the residential area.
4. Unless otherwise determined by the Springbrook Board, there shall be no sales of products or services not produced on the premises.
5. There shall be no external alteration of the appearance of the property, the dwelling, or accessory building in which the home occupation in conducted which would reflect the existence of said occupation. There shall be no outdoor advertising signs permitted.
6. The home occupation shall not be the primary or incidental storage facilities for a business, industrial, or agricultural activity conducted elsewhere. Storage of materials associated with the home occupation shall not be openly visible, nor shall the display of materials, implements, and/ or end products be permitted.
7. No additional points of access to any street, road, or highway shall be permitted, unless to provide safe and proper access to the proposed use.
8. The use has not been found to become a nuisance by reason of odor, dust, gas, noise excessive vehicular or pedestrian traffic or to impose a hazard to health or property.
9. The home business must be approved by the Madison County Board of Zoning Appeals.
10. The home business shall beissued a permit by the Springbrook Board on January 1, of each year. The Board may withhold or withdraw the permit at any time any of the above conditions are not met.
11. Approval by the Madison County Board of Zoning Appeals does not guarantee approval by the Springbrook Board, all of the above provisions must be met. Home businesses currently operating in Springbrook must have a Madison County license at the current location of the home business to be approved by the Springbrook Board.
No structure shall be erected, altered, placed or permitted to remain on any residential lot other than one detached single-family dwelling or semi-detached two-family dwelling not to exceed 2 1/2 stories in height, and a private garage for not more than four cars and other outbuildings incidental to residential use of the lot, except on individual lots 2 1/2 acres or more in the development, which shall be called "ranchettes" and which shall have the right to build small horse barns, stables, and corrals conforming to the conditions set out in paragraphs G and I. Each ranchette must have a Dwelling on it in order for the improvements described in the previous sentence to be constructed thereon.
Not withstanding the above, No owner of a lot, which at the date of filing of these restrictive covenants [adopted October 17, 1989]; filed November 16, 1989] is less than 2 1/2 acres in size, shall have the benefits of an owner of a ranchette by, in any way, increasing the size of his lot to 2 1/2 acres or more.
G. No building shall be erected, placed, or materially altered on any lot of the subdivision untilthe building plans and specifications and lot plan showing the location and size of such building, and elevation and drainage control away from said building and location of driveway culvert, if any, have been approved in writing by the Board of Directors ofthe Association (Board).
In the event the Board fails to disapprove such design, location or erection within 30 days after said plans and specifications have been submitted to it, such design and location shall be deemed to have been approved and this paragraph fully complied with.
Amended November 4, 1997
A residence may be constructed on two combined lots subject to approval by the Board and the Madison County Building Commission.
Lots may be split and sold to adjoining lot owners and each lot owner will pay 1/2 of the current assessment for a full lot subject to approval by The Board. Lots in section III must be a minimum of 2 1/2 acres to build a residence. A residence may be built on less than one acre in sections I, II, IV, and V, if the lot was originally plotted, but any lot divided after November 1, 1997 must be a minimum of one acre to build a residence.
I. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. Whether an activity is noxious or offensive will be determined by the board at its sole discretion.
Easements are reserved for installation and maintenance of utilities, drainage facilities and other purposes as shown on the above described recorded plats of Springbrook Development Subdivision. All other restrictions and easements described in said plats are adopted and recorded herein. Where there is any conflict between said plats and this document, this document shall govern.
J. No fowl, livestock or other animals, except such customary domesticated animals as dogs and cats, for so long as the same are not dangerous or annoying, shall be kept, stabled or penned on any lot or brought onto the development. Not withstanding the previous sentence, horses and ponies may be stabled and ridden upon ranchettes. This paragraph, However, shall not apply to section III of the development.
Amended November 4, 1997
No building shall be located on any lot nearer than thirty (30) feet to the front lot line nor nearer than fifteen (15) feet to any side lot line, except in section VI, where buildings shall not be nearer than twelve (12) feet to any side lot line, and, in regards to improvements in any section of the development, except a garage or outbuilding located on the rear quarter (1/4) of a lot. Not withstanding any other provision of this agreement, all dwellings erected on, prior to January 1, 1993, shall continue to be subject to the paragraph L. replaced by this paragraph L.
Not withstanding any other provision in these Restrictive Covenants, an owner may construct an outbuilding on a vacant lot which adjoins his/her residence. The outbuilding must be to the rear of the residence. Said two lots must be owned by the same owner in order for such construction to be permissible, and such construction must be approved by the Board. If the lot is sold to another owner, the outbuilding must be removed.
M. All lands covered by the lakes within the Development, and the priviledges and use of said lakes shall be subject the following restrictions.
1. No pier shall extend more than 25 feet into the lake from the shoreline, except such piers or docks which shall be erected by the Association for use by property owners whose lots do not front on any of the said lakes.
The design and plan for all pier construction must be approved by the Association in the manner set forth in paragraph G. above.
2. Motors on boats upon any lake in the subdivision shall be limited to electric trolling motors. Fishing in said lakes shall be sport fishing only. No trotlines, unattended lines, jugging, traps or commercial type fishing shall be permitted in any of said lakes.
3. No sewage, waste disposal, or drainage from septic tanks shall be permitted to enter lakes. No one shall pump water from any lake for use on any lot, except in case of emergency.
4. The owners of lots in the Subdivision not abutting the shore line of any lake shall have the use of said lake on the same basis as the owners of lots abutting any said lake, provided, however, no one may go upon any person's lot abutting a shoreline without said person's consent.
5. Certain designated areas may be set apart by the Association for the use of property owners in the subdivision whose property does not abut a lake. Docks may be built for the use of all lot owners in the subdivision in the said areas set apart on the lake shore therefore, and said dock shall be maintained, and, when necessary, rebuilt by the Association from the assessments paid to them by all lot owners, as provided for in paragraph P. hereafter.
6. No owner of a lot in said Development shall permit any person, except members of his family or his house guests, or other owners of lots, to use boats or dock placed by him in any of the Springbrook lakes and shall not give permission to swim in said lakes or use any of the lakes or facilities to any person except lot owners or bona fide guests, when accompanied by the owner of a lot or members of his household.
N. The Association shall have the authority to maintain, repair, and supervise the use of the lakes, lake waters, and lake dams. For said purposes, the Association shall have the right to lower or raise lake water levels when it determines such practice is necessary. The Board shall also have the authority to maintain, repair and supervise the use of any access acres, access areas, common areas, property owned by the Association, streets and roads shown on the plats of the development, all property included in the Development which is not designated a lot, and any other property designed by the Association to be maintained by it. The Association may pay out of assessments collected by it the ad valorem taxes on the property to be maintained pursuant to this section N.
O. Streets or roads shown on the plats of the development and additions thereto shall remain private roads and shall not be dedicated to the public as public roads. Owners of lots in the Development and additions thereto shall have non-exclusive easements over said roads shown on said plats of the subdivision and additions thereto. However, the Association shall dedicate the roads of the Development to the public should a majority of the lot owners in the Development deem it advisable and in the best interest of the subdivision and the lot owners.
P. Notwithstanding any provision in this document to the contrary, the board shall have the right to collect any funds needed to repair any damages to property which it is to maintain from a lot owner, his immediate family, guests or agents who negligently or willfully cause said damages.
The foregoing restrictions and reservations shall constitute covenants running with the land and shall bind all purchases (or owners) of such lots in The Development, their heirs, successors and assigns, and all persons claiming under then from the date of recording of this instrument, after which time such restrictive covenants shall automatically be extended until changed or canceled pursuant to this document. At any time pursuant to an instrument adopted by the presence of members representing one vote in excess of fifty percent (50%) of the votes of a minimum of 100 owners of lots (i.e., an owner of two lots is equal to two lot owners) in the Association pursuant to its by-laws and placed of public record i nthe Registers Office of Madison County, Tennessee, these restrictive Covenants may be changed in whole, in part or canceled.
The foregoing covenants may be enforced by the Association or any owner of a lot or lots in The Development, jointly or severally, by proceeding in law or equity, however, failure to enforce the breach of any covenant provided herein shall not, in any manner, constitute a waiver thereof or bar future enforcement. The invalidation of any one or more of the aforesaid covenants or restrictions by any court of competent jurisdiction shall not effect the force or validity of any other covenant or restriction, as the same shall be deemed severable and remain in full force and effect.
These restrictive covenants shall bind and be for the benefit of all parties named herein, their successors and assigns.
IN WITNESS WHEREOF Springbrook Lake Estates, Property Owners Association, Inc., has hereto subscribed its name, through its duly authorized representative, on this the 17th day of October, 1989.
Property Owners Association, Inc.
By: /s/ Robert F. Graves, Jr.
IN WITNESS WHEREOF, Springbrook Lake Estates, Property Owners Association, Inc., has hereto subscribed its name, through its duly authorized representative, on this the 19th of March, 1991.
div align=center> Springbrook Lake Estates
Property Owners Association, Inc.
By: /s/ Donald R. Mallete
Title: Secretary Springbrook Lake Estates Website * Top of this document
Adopted November 4, 1997A business ("Home Occupation") may not be practiced at any location within the devlopment without the written approval of the Springbrook Lake Estates Property Oeners Association Inc. Board of Directors and subject to such conditions as the Board of Directors may require to perserve and protect the area in which the proposed use is located; and provide further that:
Adopted June 30, 1994
Amended November 4, 1997K. No trailer, basement, tent, shack, barn, prefabricated structure, motor home, or other outbuilding on any lot in the subdivision shall at any time be used as a residence, temporarily or permanently, nor shall any outbuilding be constructed until the principal dwelling is built, nor shall any outside privy be permitted.
Adopted October 27, 1992
Adopted October 27, 1992
Adopted June 30, 1994
Amended November 4, 1997Q. Each owner of any lot described herein, his immediate family, agents, employees, guest, heirs and assigns (collectively "users of the property"), by acceptance of a deed therefore or use of any property in the Development hereby acknowledge that they use said property at their own risk and release the Association from any liability to said users of the property for any damages, losses, expenses or other costs incurred by said users of the property as a result of their usse of said property.