Lake boat decals can be purchased by property owners for $10 each from Garner Lake Management (901) 388-9176. Please include your phone number with your check in the event we need to reach you. The Pointe decals may be purchased from The Pointe Homeowners Association. Decals and rights to use the lake are for the exclusive use of residents and may not be sold, loaned, gifted, rented or leased to non-residents. Rules of Garner Lake may be updated, revised or changed as deemed necessary and prudent.
Our Lake Rangers (call or text):
Brian Hale (901) 229-6744
Chris Murphy (901) 486-3296
Jonny Filsinger (901) 417-1820
As provided for in the ESHOA By-laws, the following are the rules adopted by the members of the association.
All prospective owners and builders must have their plans approved by the ESHOA Architectural Committee before any site preparation or construction is commenced. All plans must have the Architectural Committee’s stamp of approval before being submitted to the City of Lakeland or the county for a building permit. All owners and builders must also agree in writing to the following requirements to build in East Shores:
This addendum to the ESHOA building requirements is meant to summarize building requirements not found on the form. It is not intended to replace the covenants, but only provide a convenient reference.
C O N T E N T S
|Section 2||Lien and Other Rights|
|Section 3||Liquidation Rights|
|Section 1||Place of Meeting|
|Section 2||Annual Meetings|
|Section 3||Special Meetings|
|Section 4||Notice of Meetings|
|Section 6||Adjourned Meetings|
|Section 1||Number and Qualification|
|Section 2||Powers and Duties|
|Section 5||Removal of Directors|
|Section 7||Organizational Meeting|
|Section 8||Regular Meetings|
|Section 9||Special Meetings|
|Section 10||Waiver of Notice|
|Section 12||Actions Without Meeting|
|Section 13||Fidelity Bonds|
|Section 2||Election of Officers|
|Section 3||Removal of Officers|
|Section 5||Vice President|
|Section 1||Liability and Indemnification of Officers and Directors|
|Section 2||Common or Interested Directors|
|Section 1||Management and Common Expenses|
|Section 2||Duty to Maintain|
|Section 3||Access at Reasonable Times|
|Section 1||Fiscal Year|
|Section 2||Books and Accounts|
|Section 4||Inspection of Books|
|Section 5||Execution of Association Documents|
|Section 1||Resident Agent|
|Section 6||Gender, etc|
Section 1. Name The name of this corporation is the East Shores Homeowners Association, Inc.
Section 1 Applicability These By-Laws and each provision hereof shall be applicable to all Lots and Members, as defined, within the Residential Community known as East Shores, described as:
Lots 1 through 47, both inclusive, except lots 13 and 32, East Shores, Phase I, as shown on Plat of record in Plat Book 96, Page 17, in the Registers’s Office of Shelby County, Tennessee, to which Plat reference is hereby made for a more particular description; and,
Lot 1A, as shown on the Plan of East Shores, Phase II, recorded in Plat Book 127, Page 7, in the Register”s office of Shelby County, Tennessee, to which Plat reference is made for a more particular description; and,
Lots 48 through 69, both inclusive, as shown on the plat of East Shores, Phase III, recorded in Plat Book 138, Page 79, in the Register’s Office of Shelby County, Tennessee, to which Plat reference is made for a more particular description; and,
Lot 70, 71, and 72 as recorded on instrument number 04080487, East Shores Phase IV, lot 1, and Phase V, lots 1 and 2; and,
Lot 73 as recorded on instrument number 18125885, East Shores Phase VI, Lot 1.
The following Section of this Article III shall apply to membership in the Association:
Section 1. Members Every person, as defined, who is a record Owner of a fee or undivided fee interest of any Lot within the Property shall be a Member of the Association; provided, however, that anyone who holds such interest solely as a security for the performance of an obligation shall not be a Member. Membership shall be appurtenant to and may not be separated from ownership of any Lot within the Residential Community known as East Shores. Ownership of such Lot shall be the sole qualification for membership.
Section 2. Lien and Other Rights The Association shall have a lien on the outstanding memberships in order to secure payment of any sums which may become due from the holders thereof to the Association for any reason whatsoever. In addition, for such time as any sums may be due, the Member who fails to pay such sum shall not be entitled to any rights or privileges appertaining to such membership.
Section 3. Liquidation Rights In the event of any voluntary or involuntary dissolution of the Association, each Member of the Association shall be entitled to receive out of the assets of the Association available for distribution to the Members an amount equal to a pro rata share based on the number of Lots.
Section 1. Place of Meeting Meetings of the membership shall be held at such suitable place convenient to the membership as may be designated by the Board of Directors.
Section 2. Annual Meetings, The annual meetings of the Members of the Association shall be held during the last ten days of April of each succeeding year. At such meeting there shall be elected by secret written ballot of the Members or by acclimation if there are only enough candidates to fill all vacancies, a board of Directors in accordance with the requirements of Section 5 Article V of these By-Laws. The Members may also transact such other business of the Association as may properly come before them.
Section 3. Special Meetings It shall be the duty of the President to call a special meeting of the Members as directed by resolution of the Board of Directors or upon a petition signed by Members representing at least twenty percent (20%) of the total number of votes outstanding having been presented to the Secretary. The notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No business shall be transacted at a special meeting except as stated in the notice.
Section 4. Notice of Meetings It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held, to each member of record, at his address as it appears on the membership book of the Association, or if no such address appears, at his last known place or address, at least ten (10) but not more than ninety (90) days prior to such meeting. Service may also be accomplished by the delivery of any such notice to the Member at his last known address by deposit in the box or slot for the United States mail or by email or other such electronic means. Notice by either such method shall be considered as notice served. Attendance by a Member at any meeting of the Members shall be a waiver of notice by him of the place and purpose thereof.
Section 5. Quorum The presence, either in person or by proxy, of Members representing at least fifty-one percent (51%) of the total votes entitled to be cast with respect to any question, shall be requisite for, and shall constitute a quorum for, the transaction of business at all meetings of Members. If the number of Members at a meeting drops below the quorum and the question of a lack of quorum is raised, no business may thereafter be transacted.
Section 6 Adjourned Meetings If any meeting of Members cannot be organized because a quorum has not attended, the Members who are present, either in person or by proxy, may, except as otherwise provided by law, adjourn the meeting to a time not less than forty-eight (48) hours from the time the original meeting was called.
Section 7 Voting At every meeting of the Members, each of the Members shall have the right to cast his vote on each question. The vote of the Members representing a fifty-one percent (51%) majority of the total votes entitled to be cast with respect to any question, in person or proxy; shall decide any question brought before such meeting, unless the question is one upon which, by express provision of statute or of the Articles of Incorporation, or the Declaration, or of these By-Laws, a different vote is required, in which case such express provision shall govern and control. The vote for any membership which is owned by more than one Person may be exercised by any of them present at any meeting unless any objection or protest by any other Owner of such membership is noted at the meeting. In the event all of the co-owners of any membership who are present at any meeting of the Members are unable to agree on the manner in which the vote for such membership shall be cast on any particular question, then such vote shall not be counted for purposes of deciding that question. No Member shall be eligible to vote, either in person or by proxy, or to be elected to the Board of Directors, who is shown on the books or management accounts of the Association to be more than sixty (60) days delinquent in any payment due the Association.
Section 8. Proxies Any Member may appoint any other Member or any other person permitted by law or by these By-Laws as his proxy. In no case may any Member cast more than one vote by proxy in addition to his own vote. Any proxy must be in writing and must comply with all requirements imposed by law or by these ByLaws.
Section 9. Consent Whenever the vote of Members at the meeting thereof is required or permitted to take any action in accordance with any statute, the Declaration or these By-Laws, such meeting and vote may be dispensed with if all Members who would have been entitled to vote upon such action consent in writing to such action being taken.
Section 10. Agenda As a minimum, the agenda shall include proof of a quorum, election of directors, treasurer’s report with written financial statement, unfinished business, and new business. The minutes will be delivered to all Members by email or other such electronic means as may become available in the future.
Section 1. Number and Qualification The affairs of the Association shall be governed by the Board of Directors composed of at least seven (7) natural persons and not more than ten (10) natural persons, a majority of whom shall be Members of the Association.
Section 2. Powers and Duties The Board of Directors shall have all the powers and duties necessary for the administration of the affairs of the Association and the Residential Community and may do all such acts and things as are not by law or by these By-Laws directed to be exercised and done by the Members. The powers and duties of the Board of Directors shall include, but not be limited to, the following:
To provide for the:
Section 3 Nomination Nomination for the election to the Board of Directors shall be made by a Nomination Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a Member of the Board of Directors, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting, and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations from Members for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled.
Section 4. Vacancies Vacancies in the Board of Directors caused by any reason other than the removal of a Director by a vote of the membership shall be filled by vote of the majority of the remaining Directors, even though they may constitute less than a quorum, and each Person so elected shall be a Director until a successor is elected by the Members at the next annual meeting.
Section 5. Removal of Directors At a regular meeting, or special meeting duly called for such purpose, any Director may be removed with or without cause by the affirmative vote of the majority of the entire membership of record, and a successor may then and there be elected to fill the vacancy thus created. Any director whose removal has been proposed by the Members shall be given an opportunity to be heard at the meeting. The term of any Director who becomes more than sixty (60) days delinquent in payment of any assessment and\or carrying charges due the Association shall be automatically terminated, and the remaining directors shall appoint his successor as provided in Section 7 of this Article.
Section 6. Compensation No compensation shall be paid to directors for their services as directors. After the first annual meeting of the Members, no remuneration shall be paid to any director who is also a Member of the Association for services performed for the Association in any other capacity unless a resolution authorizing such remuneration shall have been adopted by the Board of Directors before the services are undertaken.
Section 7. Organizational Meeting The first meeting of a newly elected Board of Directors shall be held within ten (10) days of election at such place as shall be fixed by the directors at the meeting at which such directors were elected, and no notice shall be necessary to the newly elected directors in order legally to constitute such meeting, provided a majority of the whole Board of Directors shall be present.
Section 8. Regular Meetings Regular meetings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors, but at least one (1) such meeting shall be held during each calendar year. Notice of regular meetings of the Board of Directors shall be given to each Director, personally or by mail, telephone or telegraph, at least six (6) days prior to the day named for such meeting.
Section 9. Special Meetings Special meetings of the Board of Directors may be called by the President on three (3) days’ notice to each director, given personally or by mail, telephone or E-Mail, which notice shall state the time, place (as herein able provided) and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in a like manner and on like notice on the written request of at least one-third (1/3rd) of the directors.
Section 10. Waiver of Notice Before or at any meeting of the Board of Directors, any director may, in writing, waive notice of such meeting, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the Board of Directors shall be a waiver of notice by him of the time, place and purpose thereof. If all the directors are present and remain present at any meeting of the Board of Directors, no notice shall be required, and any business may be transacted at such meeting.
Section 11. Quorum At all meetings of the Board of Directors a majority of the Directors shall constitute a quorum for the transaction of business, and the acts of the majority of the Directors present at a meeting at which a quorum is present shall be the acts of the Board of Directors. If at any meeting of the Board of Directors there be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice.
Section 12. Actions Without Meeting Any action of the Board of Directors required or permitted to be taken at any meeting may be taken without a meeting if all of the Members of the Board of Directors shall individually or collectively consent in writing to such action. Such written consent or consents shall be filled with the minutes of the proceedings of the Board of Directors.
Section 13. Fidelity Bonds The Board of Directors shall require that all officers and employees of the Association handling or responsible for Association or trust funds shall furnish adequate fidelity bonds. The premiums on such bonds shall be paid by the Association.
Section 1. Designation The principal officers of the corporation shall be a President, a Vice President, a Secretary, and a Treasurer, all of who shall be elected by the Board of Directors. Prior to the first annual meeting of Members, the officers of the Association need not be Members of the Association. The Directors may appoint an assistant secretary and an assistant treasurer and such other officers as in their judgment may be necessary. The offices of Secretary and Treasurer may be filled by the same person.
Section 2. Election of Officers The officers of the Association shall be elected annually by the Board of Directors at the organizational meeting of each new Board and shall hold office at the pleasure of the Board of Directors.
Section 3. Removal of Officers Upon an affirmative vote of a majority of the Members of the Board of Directors, any officer may be removed either with or without cause, and his successor elected at any regular meeting of the Board of Directors, or at any special meeting of the Board of Directors called for such purpose.
Section 4. President The President shall be the chief executive officer of the Association. As a Member of the Board of Directors, he shall preside at all meetings of the Members and of the Board of Directors. He shall have all of the general powers and duties which are usually vested in the office of president of an association, including, but not limited to the power to appoint committees from among the membership from time to time as he may, in his discretion, decide is appropriate to assist in the conduct of the affairs of the Association.
Section 5. Vice President The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act. If neither the President nor Vice President is able to act, the Board of Directors shall appoint some other Member of the Board of Directors to do so on an interim basis. The Vice President shall also perform such other duties as shall from time to time be delegated to him by the Board of Directors.
Section 6. Secretary The Secretary shall keep the minutes of all meetings of the Board of Directors and the minutes of all meetings of the Members of the Association; he shall have charge of the membership transfer books and of such other books and papers as the Board of Directors may direct, and, in general, perform all duties incident to the office of Secretary.
Section 7. Treasurer The Treasurer shall have responsibility for corporate funds and securities and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. He shall be responsible for the deposit of all monies and other valuable effects in the name, and to the credit, of the Association in such depositories as may from time to time be designated by the Board of Directors.
Section 1. Liability and Indemnification of Officers and Directors The Association shall indemnify every officer and director of the Association against any and all expenses, including counsel fees, reasonably incurred by or imposed upon any officer or director in connection with any action, suit or other proceeding (including the settlement of any such suit or proceeding if approved by the then Board of Directors of the Association) to which he may be made a party by reason of being or having been an officer or director of the Association, whether or not such person is an officer or director at the time such expenses are incurred. The officers and directors of the Association shall not be liable to the Members of the Association for any mistake of judgment, negligence, or otherwise, except for their own individual willful misconduct or bad faith. The officers and directors of the Association shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association or the Residential Community (except to the extent that such officers or directors may also be Owners of Lots within the Residential Community), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director of the Association, or former officer or director of the Association, may be entitled.
Section 2. Common or Interested Directors The directors shall exercise their powers and duties in good faith and with a view to the interest of the Association and the Residential Community. No contract or other transaction between the Association and one or more of its Directors, or between the Association and any corporation, firm or association (including the Developer) in which one or more of the directors of this Association are directors or officers or are pecuniarily or otherwise interested, is either void or voidable because such director or directors are present at the meeting of the Board of Directors or any committee thereof which authorizes or approves the contract or transaction, or because his or their votes are counted for such purpose, if any of the conditions specified in any of the following subparagraphs exists:
Common or interested directors may be counted in determining the presence of a quorum of any meeting of the Board of Directors or committee thereof which authorizes, approves or ratifies any contract or transaction, and may vote to authorize any contract or transaction with like force and effect as if he were not such director or officer of such other corporation or not so interested.
Section 1. Management and Common Expenses The Association, acting by and through its Board of Directors, shall manage and operate the Residential Community and, for the benefit of the Lots and the Owners thereof, shall enforce the provisions hereof and shall pay out of the common expenses fund herein elsewhere provided for, the following:
Section 2. Duty to Maintain Except for maintenance requirements herein imposed upon the Association, if any, the Owner of any Lot shall, at his own expense, maintain the interior and exterior or any improvements on his Lot, including the curb located within the right-of-way which is contiguous to his of and all driveways and any and all equipment, and fixtures therein situated, and its other appurtenances, in good order, condition and repair, and in clean and sanitary condition, and shall do all redecorating, painting and the like which may at any time be necessary to maintain the good appearance of his Lot and appurtenances, in addition, if any, as called for in the Declaration.
Section 3. Access at Reasonable Times For the purpose solely of performing any of the repairs or maintenance required or authorized by these By-Laws, or in the event of a bona fide emergency involving illness or potential danger to life or property, the Association, through its duly authorized agents or employees, shall have the right, after reasonable efforts to give notice to the Owner or occupant, to enter upon any Lot at any hour considered to be reasonable under the circumstances.
Section 1. Fiscal Year The fiscal year of the Association shall begin on the first day of January of every year. The commencement day of the fiscal year herein established shall be subject to change by the Board of Directors should corporate practice subsequently dictate.
Section 2. Books and Accounts Books and accounts of the Association shall be kept under the direction of the Treasurer in accordance with good accounting practice. The same shall include books with detailed accounts, in chronological order, of receipts and of the expenditures affecting the Residential Community and its administration and shall specify the maintenance and repair expenses of the expenses incurred. The amount of any assessment required for payment or any capital expenditures of the Association shall be credited upon the books of the Association to the “Paid-in-Surplus” account as a capital contribution by the Members.
Section 3. Auditing Since the books are available for inspection at any time, as described in section 4, and a financial statement is provided annually to all Members attending the annual meeting, a professional audit is not required annually but may be called for at any time by the Board of Directors.
Section 4. Inspection of Books The books and accounts of the Association, and vouchers accrediting the entries made thereupon, shall be available for examination by the Members of the Association, and/or their duly authorized agents or attorneys, and to the institutional holder of any mortgage on any Lot and/or its duly authorized agents or attorneys, during normal business hours and for purposes reasonably related to their interests as Members.
Section 5. Execution of Association Documents With the prior authorization of the Board of Directors, all notes and contracts shall be executed on behalf of the Association by either the President or Vice President, and all checks shall be executed on behalf of the Association by such officers, agents, or other persons as are from time to time so authorized by the Board of Directors.
Section 1. Amendments These By-Laws may be amended by the affirmative vote of Members representing a majority of all votes entitled to be cast at any meeting of the Members duly called for such purpose. Amendments may be proposed by the Board of Directors or by petition signed by Members representing at least thirty percent (30%) of the total number of votes entitled to be cast. A description of any proposed amendment shall accompany the notice of any regular or special meeting at which such proposed amendment is to be voted upon.
Section 1. Resident Agent The resident agent shall be designated as the person authorized to accept service of process in any action relating to two or more Lots or to the Common Areas.
Section 2. Notices Unless another type of notice is herein elsewhere specifically provided for, any and all notices called for in the Declaration and in these By-Laws shall be given in writing.
Section 3. Severability In the event any provision or provisions of these ByLaws shall be determined to be invalid, void, or unenforceable, such determination shall not render invalid, void or unenforceable any other provisions hereof which can be given effect.
Section 4. Waiver No restriction, condition, obligation or provision of these ByLaws shall be deemed to have been abrogated or waived by reason of any failure or failures to enforce the same.
Section 5. Captions The captions contained in these By-Laws are for convenience only and are not a part of these By-Laws and are not intended in any way to limit or enlarge the terms and provisions of these By-Laws.
Section 6. Gender, etc. Whenever in these By-Laws the context so requires, the singular number shall include the plural and the converse, and the use of any gender shall be deemed to include all genders.
Section7 Conflicts. These By-Laws are subordinate to all provisions of the Declaration. All of the terms hereof, except where clearly repugnant to the contest, shall have the same meaning as in the Declaration or the aforesaid statues. In the event of any conflict between these By-Laws and the Declaration, the provisions of the Declaration shall control, and in the event of any conflict between the aforesaid Declaration and any of the laws of the State of Tennessee, the provisions of the statue shall control.
C O N T E N T S
|ARTICLE I, DEFINITIONS|
|Section 9||“Residential Community”|
|Section 10||“Common Area”|
|ARTICLE II, PROPERTY RIGHTS|
|Section 1||Owner’s Easements of Enjoyment|
|Section 2||Roads and Easements|
|ARTICLE III, MEMBERSHIP AND VOTING RIGHTS|
|ARTICLE IV, COVENANT FOR MAINTENANCE ASSESSMENTS|
|Section 1||Creation of Lien and Personal Obligation Of Assessments|
|Section 4||Special Assessments|
|Section 5||Emergency Assessments|
|Section 6||Non-Payment of Assessments|
|Section 7||Acceleration of Installments|
|Section 8||Priority of Lien|
|Section 9||Subordination of Deed and Trust Protection|
|Section 10||Additional Default|
|ARTICLE V, COVENANTS AND RESTRICTIONS FOR BUILDING IMPROVEMENTS|
|Section 1||Architectural Control|
|Section 2||Square Footage Requirements|
|Section 3||Setback Lines|
|Section 5||Right-of-Way Obstructions|
|Section 6||Equitable and Legal Recourse|
|Section 7||Resubdivision Limitations|
|Section 8||Construction Requirements|
|ARTICLE VI, COVENANTS AND RESTRICTIONS FOR USE|
|Section 1||Residential Use|
|Section 2||Prohibited Uses and Nuisances|
|Section 4||Dangerous Animals Prohibits|
|ARTICLE VII, LAKE PRIVILEGES|
|Section 1||Lake Use|
|ARTICLE VIII, EASEMENTS|
|Section 1||Common Area|
|Section 2||Easement for Utilities and Related Purposes|
|Section 3||General Easement|
|Section 4||Ingress and Egress|
|ARTICLE IX, INSURANCE|
|Section 1||Casualty Insurance|
|Section 2||Damaged or Destroyed Dwelling|
|ARTICLE X, GENERAL PROVISIONS|
|Section 4||Amendment and Duration|
|SIGNATURES AND ACKNOWLEDGEMENTS|
THIS DECLARATION, Made this 23rd day of October, 1996, and as amended on the 11th day of December, 2018, by East Shores Homeowners Association, Inc., hereinafter referred to as “Association”,
WHEREAS, Association is an Association of the owners of certain property in the City of Lakeland, County of Shelby, State Of Tennessee, which is more particularly described as follows:
Lots 1 through 47, both inclusive, excepting lots 13 and 32, as shown on the Plan of East Shores, Phase I, recorded in Plat Book 96, Page 17, in the Register’s Office of Shelby County, Tennessee, or any other subdivision thereof as herein provided;
Lot 1a, as shown on the Plan of East Shores, Phase II, recorded in Plat Book 127, Page 7, in the register’s Office of Shelby County, Tennessee, to which Plat references made for a more particular description: and,
Lots 48 through 69, both inclusive, as shown on the Plat of East Shores, Phase III, recorded in Plat Book 138, Page 79, in the Register’s Office of Shelby County, Tennessee, to which Plat references is made for a more particular description, and,
Lots 70, 71, and 72, recorded as instrument number 04080487, East Shores Subdivision Phase IV, lot 1, and Phase V, lot 1 and 2; and,
Lot 73, recorded as instrument number 18125885, East Shores Subdivision Phase VI, lot 1; and,
WHEREAS, the original Developer, Lakeland Development Corporation in order to provide for the preservation of the values and amenities in said community and to this end, did subject the real estate described above to the covenants, restrictions, easements, charges and liens as originally recorded within the Plats above described, which Covenants according to the original recordation were and remain subject to amendments and,
WHEREAS, the successor owner of all common areas and amenities, East Shores Homeowners Association, Inc., being the heir and successor to all lien rights and obligated to enforce all covenants, restrictions, easements, charges, and liens has from time to time amended the original covenants as herein provided and by these present wishes to publish, declare, and record the East Shores Declaration of Covenants, Conditions, and Restrictions AS AMENDED AND REVISED: and
NOW, THEREFORE, East Shores Homeowners Association, Inc., hereby declares that all of the real property described above shall be held, transferred, sold, conveyed, hypothecated or encumbered, used and occupied, subject to the covenants, restrictions, easements, charges and liens (hereinafter sometimes referred to as “covenants and restrictions”) as revised and amended as hereinafter set forth;
The following words, when used in this declaration, shall have the following meanings:
Section 1. “Association” shall mean and refer to East Shores Homeowners Association, Inc., a corporation incorporated under the laws of the State of Tennessee, its successors and assigns, provided, however, in the event of termination or dissolution of the corporation the term shall collectively refer to an unincorporated association of all lot owners of the subdivision herein described with all of the powers and obligations described to the corporation.
Section 2. “Property” shall mean and refer to that certain real property herein above described and such additions thereto as may be brought within the jurisdiction of the Association.
Section 3. “Developer” shall mean and refer to the original developer, Lakeland Development Corporation, its successors and assigns.
Section 4. “Declaration” shall mean this Declaration of Covenants, Conditions and Restrictions, and any supplementary Declaration filed hereto, as this Declaration may, from time to time, be amended in accordance with its terms.
Section 5. “Lot” shall mean and refer to the following plots of land; those plots of land designated with numbers 1 through 12, both inclusive, the plots of land designated as numbers 14 through 31, both inclusive, and the plots of land designated with numbers 33 through 47, both inclusive, as shown on the Plan of East Shores, Phase I, recorded in Plat Book 96, Page 17, in the Register’s Office of Shelby County, Tennessee; the plot of land designated as number 1A, as shown on the Plan of East Shores, Phase II, recorded in Plat Book 127, Page 7, in the Register’s Office of Shelby County, Tennessee; those plats of land designated with numbers 48 through 69, both inclusive, as shown on the Plan of East Shores, Phase III recorded in Plat Book 138, Page 79, in the Register’s Office of Shelby County, Tennessee; the plot of land designated as number 1, Phase IV, as shown on instrument of record 04080487 in the Register's Office of Shelby County Tennessee; those plots of land designated with numbers 1 and 2, Phase V, as shown on instrument of record 04080487 in the Register's Office of Shelby County Tennessee; and the plot of land designated with the number 1, Phase VI, as shown on instrument of record 18125885 in the Register's Office of Shelby County Tennessee;
Section 6. “Member” shall mean and refer to every person who holds membership in the Association.
Section 7. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any lot which is a part of the Property, but excluding those having such interest merely as security for the performance of an obligation, provided, however, that the purchases at a foreclosure sale or trustee’s sale shall be deemed an Owner.
Section 8. “Person” means an individual, firm, corporation, partnership, association, trust or other legal entity or any combination thereof.
Section 9. “Residential Community” shall mean the development know as East Shores, including all additions thereto and any other area accepted by the Association provided these Covenants, Conditions and Restrictions as amended are duly affixed and recorded thereon.
Section 10. “Common Area” shall mean all Real property, easements and property rights owned or assigned to the Association for the common use and enjoyment of the Members of the Association.
Section 1. Owners easements of enjoyment Every Owner shall have the right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
A. The right of the Association to dedicate or transfer all of any part of the Common Area including, without limitations, roads, and easements, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3rds) of the Members agreeing to such dedication or transfer has been recorded. Any such dedication or transfer would be subject to the approval of said agency, authority or utility.
B. The right of the Association to suspend any enjoyment rights of any Member for any period in which any assessments remain unpaid, and for any period not to exceed thirty days for any infraction of its published rules and regulations unless said infraction is of a continuing duration in which case the suspension, at the discretion of the Association, may be for the duration of the infraction.
C. The right of the Association to protect and maintain the private easements and rights-of-way on, over and across all Lots.
D. The right of the Association, but not the obligation, to protect, maintain and inspect the security area improvements and the perimeter fence, and gate, within the Residential Community.
E. The right of the Association to regulate the location of all improvements, parking, and motorized and non-motorized vehicular traffic.
F. The right of the Association to borrow money for the purposes as provided for herein.
Section 2. Roads and Easements The roads and private easements noted within East Shores are, and shall remain, private roads and easements, and have not been dedicated to the City of Lakeland, or any other governmental body. By remaining private, the responsibility for payment of maintenance and repair expenses for said roads and easements shall remain the responsibility of the individual Lot Owners and be paid for by assessments levied by the East Shores Home Owners Association, Inc. as provided herein.
MEMBERSHIP AND VOTING RIGHTS
The following Sections of this Article III shall apply to the membership in the Association as that term is defined in Article I, Section 1 hereof.
Section 1. Members. Every person who is the record owner of a fee or undivided fee interest in any Lot within the Property shall be a Member of the Association provided, however, that anyone who holds such interest solely as a security for the performance of an obligation shall not be a Member. Membership shall be appurtenant to and may not be separated from ownership of any Lot within the Residential Community known as East Shores. Ownership of such Lot shall be the sole qualification for membership. In the event that a husband and wife or multiple parties are the registered owners of a lot, they shall collectively be the owner and entitled to one vote for each lot owned.
Section 2. Voting. At every meeting of the Members, each of the Members shall have the right to cast his vote as defined by Article III, Section 2, on each question. The vote of the Members representing a fifty-one percent (51%) majority of the total votes cast with respect to any question, in person or by proxy, shall decide any question brought before such meeting, unless the question is one upon which, by express provisions of statute or of the corporate Charter, or this Declaration, or by the By-Laws, a different vote is required, in which case such express provision shall govern and control. The vote for any Lot which is owned by more than one person may be exercised by any of them present at any meeting unless there is an objection voiced by the co-owner. In the event all of the co-owners of any membership who are present at any meeting of the Members are unable to agree on the manner and mode in which the vote for such membership shall be cast on any particular questions, then such vote shall not be counted for purposes of deciding that question. No Members shall be eligible to vote, either in person or by proxy, or to be elected to the Board of Directors, who is shown on the books or management accounts of the Association to be more than thirty (30) days delinquent in any payment due the Association.
Section 3. Proxies. A Member may appoint any other Member or any other person permitted by law or by the By-Laws as his proxy. In no case may any Member cast more than one vote by proxy in addition to his own vote. Any proxy must be in writing and must comply with all requirements imposed by law or by the Association’s By-Laws.
Section 4; Quorum. The presence, either in person or by proxy, of members representing at least fifty-one percent (51%) of the total votes entitled to be cast with respect to any question, shall be requisite for, and shall constitute a quorum for, the transaction of business at all meetings of Members. If the number of Members at a meeting drops below the quorum, and the question of lack of quorum is raised, no business may thereafter be transacted.
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. Each owner of any Lot, at the time of acceptance of a Deed therefor, whether or not it shall be so expressed in any such Deed or other conveyance, is deemed to covenant and agree to pay to the Association:
A. Annual or monthly assessments or charges.
B. Special assessments for capital improvements or repairs, such assessments to be fixed, established and collected from time to time as hereinafter provided.
C. Emergency assessments as provided for in the By-Laws, such assessments to be fixed, established and collected from time to time as hereinafter provided.
Developer is responsible for the initial capital improvements for development of the Property, as shown on the subdivision Plats of Record as hereinbefore vested, provided however, the Association at its descretion may elect to assume any one or more functions of the Developer as it shall determine at its discretion. The annual, special, and emergency assessments, together with interest, costs, and reasonable attorneys’ fees shall be a charge on the land and shall be continuing lien upon the Property against which each assessment is made. Each such assessment, together with such interest, costs, and reasonable attorneys’ fees, shall also be the personal obligations of the Lot Owner, regardless of when the assessment fell due.
Section 2. Proportionate Share of Assessment and Carrying Charges of the Association. All assessments for the purposes as herein provided shall be assessed equally among all Lot owners according to the number of lots owned by them.
Section 3. Annual Assessments and Carrying Charges of the Association. Each Member of the Association shall pay to the Association a sum (hereinafter sometimes referred to as “Assessments” or” Carrying Charges”) equal to the Member’s proportionate share of the sum required by the Association, as estimated by its Board of Directors to meet its annual expenses, payable either in monthly annual installments as so determined by the Board of Directors, including, but in no way limited to, the following:
A. The cost of all operating expenses of the Association and services furnished, including charges by the Association for its facilities, if any; and
B. The amount of all taxes and assessments levied against the Association or upon any property which it may own or which it is otherwise required to pay, if any; and
C. The cost of extended liability insurance and the cost of such other insurance as the Association may determine; and
D. The cost of funding all reserves established by the Associations, including, when appropriate, a general operating reserve and/or reserve for replacements; and
E. The estimated cost of repairs, maintenance and replacement of the roads, easements and improvements to Common Areas as called for herein.
The Board of Directors of the Association shall determine the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessments, but may do so at more frequent intervals should circumstances so require. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specified Lot has been paid.
Section 4. Special Assessments. In addition to the regular assessments authorized by this Article, the Association may levy in any assessment year a special assessment or assessments, applicable to that year only, for the purpose of defraying in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement for which the Association is specifically responsible or for such other purposes as the Board of Directors may consider necessary provided that such assessment shall have the assent of the Members representing two thirds (2/3rds) of the total number of votes eligible to be cast. A meeting of the appropriate Members shall be duly called for this purpose, written notice of which shall be sent to all Members at least ten (10) days but not more than thirty (30) days in advance of such meeting, which notice shall set forth the purpose of the meeting.
Section 5. Emergency Assessments. In the event of any emergency situation, condition or occurrence affecting the life, health, safety or welfare of Members or Property of Members, the Board of Directors, acting pursuant to this Section, may declare an emergency assessment in such amount and payable at such time as the Board of Directors, in its sole discretion, shall deem necessary. Such payment shall be governed by all other provisions of this Declaration. Such assessment shall be borne pro rata, as provided for elsewhere herein, by all Members of the Association. The Board of Directors shall be fully protected and not liable for any mistake in judgment hereunder if the emergency assessment was made in good faith.
Section 6. Non-Payment of Assessments. Any assessment levied pursuant to this Declaration, or any installment thereof, which is not paid on the date when due shall be delinquent and shall, together with interest thereon and the cost of collection thereof, as hereinafter provided, thereupon become a continuing lien upon the Lot or Lots and shall bind such Lot or Lots in the hands of the then Owner, his heirs, devisees, personal representatives and assigns and all subsequent Owners, their heirs, devisees, personal representatives and assigns. The personal obligation of the Members to pay such assessment shall, however, remain his personal obligation for the statutory period, and a suit to recover a money judgment for non-payment of any assessment levied pursuant to the By-Laws, or any installment thereof may be maintained without foreclosing or waiving the lien herein and by the aforesaid statute created to secure same.
Section 7. Acceleration of Installments. Upon default in the payment of any one or more installments of any assessment levied pursuant to this Declaration, or any other installment thereof, the entire balance of said assessment may be accelerated at the option of the Board of Directors and be declared due and payable in full.
Section 8. Priority of Lien. The lien established by this Article shall have preference over any other assessments, liens, judgments or charges of whatever nature, except as herein limited.
Section 9. Subordination and Deed of Trust Protection. Notwithstanding any other provisions hereof to the contrary, the lien of any assessment levied pursuant to this Declaration upon any Lot in the Residential Community shall be subordinate to, and shall in no way affect the rights of the holder of any indebtedness secured by any recorded deed of trust upon such interest made in good faith and for value received, provided however, that such subordination shall apply only to assessments which have become due and payable prior to a sale or transfer of such Lot pursuant to a decree of foreclosure or any other proceeding in lieu of foreclosure, and shall not in such instance apply to claims for a share of such assessments or charges resulting from a reallocation or such assessments or charges to all Lot owners, including the encumbered Lots. Such sale or transfer shall not relieve the purchaser at such sale of the Lot from liability for any assessments thereafter becoming due, nor from the lien of such subsequent assessment which said lien, if any, claimed shall have the same effect and be enforced in the same manner as provided herein.
No amendment to this Section shall affect the rights of the holder of any such deed of trust (or the indebtedness secured thereby) recorded prior to recordation of such amendment unless the holder thereof (or the indebtedness secured thereby) shall join in the execution of such amendment.
Section 10. Additional Default. Any recorded deed of trust secured by a Lot in the Residential Community shall provide that any default by the mortgagor in the payment of any assessment levied pursuant to this Declaration, or any installment thereof, shall likewise be a default in such deed of trust (or the indebtedness secured thereby) but failure to include such a provision in any such deed of trust shall not affect the validity or priority thereof, and the protection extended to the holder of such deed of trust (or the indebtedness secured thereby) by reason of this Article shall not be altered, modified, or diminished by reason of such failure.
COVENANTS AND RESTRICTIONS FOR BUILDING IMPROVEMENTS
Section 1. Architectural Control. No improvement or change, including, but not limited to, the construction, alteration or erection of any structure, terrain change, fence, driveway, walkway, landscape screening, mailbox, outdoor lighting fixtures, sanitary and\or storm sewer system, underground wiring, swimming pool, pool deck, boat dock, sea wall, or fencing shall be commenced, erected, placed or permitted on any Lot until the plans, specifications and specific location (including elevation) of the said improvement or change has been approved in writing, or the requirement for such approval has been waived in writing, by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. No chain link or wire fences will be approved. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required, and this Section will be deemed to have been fully complied with. The Board reserves the right to require submission of designs, material selections and layouts of proposed improvements or changes at different stages of the design process, and further reserves the right to specify the information required therein as well as the format thereof. Such plans and specifications shall be in such form and shall contain such information as may be required by the architectural committee, but, in any event, shall include (i) a side plan of the Lot showing the nature, exterior, color scheme, kind , shape, height, materials, and location with respect to said Lot section (including proposed front, rear and site setbacks) of all structures, fences, or barriers, and location of all parking spaces and driveways on the Lot and (ii) grading and landscaping plans for the particular Lot. The Board shall have authority to specify the location and type of a street light to be located on each Lot and paid for and perpetually maintained by the Owner thereof.
Before house plans, specifications and designs as required in this section shall be submitted for approval, same must be completed in detail. All outside elevations must be shown, as well as interior design, including materials used. All homes with wood siding or wood trim must be either painted or stained. Basic landscaping plans must be submitted along with house plans.
If any improvement or change requiring approval shall be undertaken on a lot, and said approval has not been obtained from the Board of Directors or its Architectural Committee, or if any improvement or change which is not in conformance with approved plans and specifications shall be undertaken on a lot, said improvement or change shall be deemed to have been undertaken in violation of these covenants, and upon written notice from the Board of Directors or its Architectural Committee, any such improvement or change deemed to be in violation shall be removed or altered so as to extinguish such violation. If, thirty (30) days after the notice of such violation, the Owner or Owners of the Lot in question shall not have taken reasonable steps toward the removal or alteration of same, the Board, its representative, or committee, shall have the right, through its agent, to enter said violation, and the costs thereof shall be a binding obligation of the Owner as well as a lien on the Lot in question upon the recording of such with the Office of the Register of Shelby County, Tennessee. Any lien so recorded shall be subordinate to the lien of any deed of trust. The Architectural Committee may, at reasonable times, enter upon and inspect any Lot and any improvements thereon for the purposes of ascertaining whether the maintenance of such Lot, and the maintenance, construction or alteration of structures thereon, are in compliance with the provisions of these restrictions, and no such persons shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspections.
Upon completion of any improvement or change on a lot undertaken and completed in accordance with plans and specifications approved by the Board of Directors or its Architectural Committee, and upon written request of the Owner or Owners of such lot, a certificate of compliance shall be issued in a form suitable for recordation. Preparation and recording of such certificate shall be at the expense of the Owner or Owners of such Lot. Any certificate of compliance issued in accordance with the provisions of this paragraph shall be prima facie evidence of the facts therein stated, and as to any purchaser or encumbrancer in good faith and for value, or as to any title insurer such certificate shall be conclusive evidence with all improvements and changes described therein comply with all requirements of the Association or of this article.
Neither the Board of Directors, nor its Architectural Committee, nor any architect or agent thereof, shall be responsible in any way for any defects in any plans or specifications submitted, revised, or approved in accordance with the foregoing provisions, nor for any structural or other defects in any work done according to such plans and specifications.
Section 2. Square Footage Requirements. No structure shall be erected, placed, altered or permitted to remain on any Lot other than one detached single-family dwelling and its related service buildings. The minimum heated floor area of a single-family residence on a lakefront lot, exclusive of one-story open porches and garages shall be 4,000 square feet, and 3,500 square feet on an offshore lot. On both lakefront and offshore lots, the primary living floor must have a minimum of 2,000 square feet of heated floor area. No residence shall contain more than two stories plus a basement.
Section 3. Setback Lines. Setback lines shall be no less than those required by the City of Lakeland regulations and no less than those shown on the plat of the outline and final plans of record in any phase or phases of the subdivision constituting East Shores as herein before, more particularly described in the Register’s Office of Shelby County, Tennessee, unless authorized by the Board of Directors in writing. The Board of Directors reserves unto itself, its successors and assigns, the right to control absolutely the precise site and location of any house or other structure upon all Lots in the subdivision. Such location shall be determined only after reasonable opportunity has been afforded to the Lot Owner to recommend a specific site.
Section 4. Parking. Unless approved in writing by the Board of Directors of the Association all homes must have a 2 car garage (minimum). The garage must be a minimum of 20 feet wide. No less than four (4) parking spaces shall be provided on each lot. The driveway (main) must be a minimum of 20 feet wide. All driveways must be paved with either asphalt or concrete. There is to be no overnight parking on the street.
Section 5. Right-of-Way Obstructions. Excluding mail boxes, Association-owned property, and natural or approved vegetation, no obstruction shall be allowed within ten (10) feet of any right-of-way.
Section 6. Equitable and Legal Recourse. The Association or Owner of any Lot contained within the Residential Community shall have the right to enforce by any proceeding at law or inequity all conditions, restrictions, covenants, reservations and easements herein or hereinafter contained or otherwise contained in any Deed to any Lot or unit in the subdivision. Failure by any Owner to enforce any of such proceedings shall in no event be deemed a waiver of the right to do so thereafter.
Section 7. Resubdivison Limitations. In the event a Lot is resubdivided, the remainder must have 17,500 square feet and all front, rear and side site setbacks remain the same.
Section 8. Construction Requirements. In order to build in the East Shores subdivision, a Lot Owner must:
A. Maintain a trash dumpster on the lot, which shall be placed on the lot prior to construction.
B. Keep the lot free of all trash and loose construction material.
C. Maintain a porta-toilet on the lot, which shall be placed on the lot prior to construction.
D. Provide a water hook-up prior to construction.
E. Provide an electrical hook-up prior to construction.
F. Install a hay bale wall and silt fencing to prevent erosion on all boundaries adjacent to the properties of others, to the street and the lake. Install a hay bale at any individual areas off the lot where construction is being performed where drainage problems exist or where eroded ground could reach the lake.
G. Pay to the Association a $2,500 construction deposit to insure that the above requirements are conformed to throughout construction. Any requirements not performed by the builder\owner, including, but not limited to repairs to streets and curbs, will be performed by the Association and deducted from this deposit. This deposit is refundable, less fees, deducted in accordance with the Architectural Committee’s Non-Conformance Penalties, upon completion of the house and issuance of the occupancy permit.
H. Prior to any site preparation for construction on a lake front Lot, the Lot Owner must erect a sea wall or establish a sand beach. The A thru G requirements noted above apply for a sea wall construction preceding full house construction by more than one year.
Furthermore, all lot owners building in the East Shores subdivision shall comply with all decisions made by the Architectural Committee, and shall advise all construction workers that all construction vehicles and equipment must enter an exit the property via the entrance off See Tick Road.
COVENANTS AND RESTRICTIONS FOR USE
Section 1. Residential Use. No lot shall be used except for private residential purposes.
Section 2. Prohibited Uses and Nuisances. In order to provide for congenial occupancy of the homes within East Shores and to provide for the protection of the values of the entire Development, the use of the residences shall be in accordance with the following provisions:
A. No temporary building shall be erected on any Lot except during construction, and must be removed after construction is completed.
B. No design shall be approved wherein a garage faces the street unless a variation shall be allowed by the Architectural Committee. Garages must be enclosed and have automatic door closers. Garage doors are to be kept closed when possible for security and appearance.
C. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any of said Lots, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. In all instances, household pets shall be restrained within fenced areas or under leash.
D. No advertising signs (except one of, not more than five (5) square feet “for rent” or “for sale” sign per parcel), billboards unsightly objects, or nuisances shall be erected, placed or permitted to remain on said Property, nor shall said Property be used in any way or for any purposes which may endanger the health or unreasonably disturb the Owner of any Lot or any resident thereof. No manufacturing, trade commercial or industrial activities shall be conducted in any building or in any portion of said Property; (routine “home office” business activities, use of facsimile, telephone, and computer equipment for the purpose of business communications are permitted within the confines of each individual residence, providing activity is restricted to internal functions) and not additional traffic and/or parking permitted.
E. All equipment, garbage cans, yard service equipment, stacks of firewood, storage piles shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring homes, streets, or the lake. All rubbish, trash, or garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon. All garbage disposal containers must be placed in receptacles approved by the Association. Outside clotheslines are prohibited. Bathing suits, towels, etc. cannot be hung outside.
F. With Architectural Committee written approval DSS Antenna not to exceed 22 inches may be erected, but no other exterior television or radio antenna or disc of any sort shall be placed, allowed, or maintained upon any portion of the improvements to be located upon the Property nor upon any structure situated upon the Property.
G. No action shall be taken at any time by the Association or its Board of Directors which in any manner would discriminate against any Owner or Owners in favor of the other Owners.
H. No recreational vehicles, (other than guest of homeowners for no more than seven (7) days), or commercial vehicles, including, but not limited to, boats, boat trailers, house trailers, motorcycles, trucks, (other than pick-up), or similar type items shall be kept other than in a garage and screened from view of adjoining neighbors and the street.
I. Grass, weeds, vegetation and debris on each Lot shall be kept mowed and cleared at regular intervals by the Owner thereof so as to maintain the same in a neat and attractive manner. Trees, shrubs, vines, debris and plants, which die, shall be promptly removed from such lots. Until a residence is constructed on a Lot, Association, at its option and its discretion, may have the Lot mowed and have dead trees and debris removed from such Lots, and the Owner of such Lot shall be obligated to reimburse Association for the cost of such work should Owner refuse or neglect to comply, within thirty (30) days after receiving a written notice of the violation from the Board of Directors, with the terms of this paragraph.
J. No obnoxious or offensive trade or activity shall be carried on upon any Lot in this subdivision, nor shall anything be done thereon which may be or become an annoyance or nuisance to the subdivision.
K. No building material of any kind or character shall be placed or stored upon any of said Lots until the Owner is ready to commence improvements. Building materials shall not be placed or stored in the street or between the curb and property lines.
L. No trailer, basement, tent, shack, barn or other building erected in the tract shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
M. The Association reserves unto itself the right to impose additional and separate restrictions as needed at the time of sale of any of the Lots sold in this subdivision, which said restriction may not be uniform, but may differ as to different plots.
N. There shall be no violation of any rules which may be from time to time adopted by the Board of Directors and promulgated among the membership by them in writing, and the Board of Directors is hereby authorized to adopt such rules.
O. It is understood and recognized that the City of Lakeland, the County of Shelby, and or the State of Tennessee has Statues and Ordinances applicable to all lot owners and the Association may from time to time enforce these city, county and state regulations as covenants and restrictions in keeping with the overall objectives of the Association to provide for congenial occupancy of the homes within East Shores and to provide for the protection of the values of the entire Development.
Section 3. Maintenance. Each Owner shall be responsible for the maintenance and painting of all improvements to the land within the Owner’s Lot. Property shall be kept in a neat and well cared for manner prior to building. Grass must be cut when needed or growth is a maximum of no more than one (1) foot high. Additionally, each owner shall be responsible for the maintenance and repair of that portion of curb located within the right-of-way, which is contiguous to the Owner’s Lot. Also, additionally, each owner of a lakefront Lot shall be responsible for the maintenance and repair of the lot’s sea wall to keep the sea wall in it’s original approved structural condition i.e., height, vertical position and soil support integrity to prevent soil erosion, etc. Exterior of any home, including basic landscaping, must be completed with one (1) year from the beginning of construction.
In the event the Owner of any Lot shall fail to maintain the premises and the improvements situated thereon, including, without limitation, the aforementioned curb, sea wall, sidewalks, in a manner and time period reasonably satisfactory to the Board of Directors, and in keeping with other Lots, the Association, after approval by two-thirds (2/3rds) vote of the Board of Directors, shall have the right, through its agent and employees, to enter upon said Parcel and to repair, maintain and restore the Lot and building improvements and any other improvements, such as, sea wall, fence, etc. erected thereon. The cost of said maintenance shall be binding obligation of the Owner as well as a lien on the Lot in question upon recording of such notice with the Office of the Register of Shelby County, Tennessee. Any lien so recorded shall at all times be subordinated to the lien of any deed or trust. In addition to the costs as set forth herein, the Owner shall be responsible for all court costs, reasonable attorney’s fees and interest from the date of any expenditure at the maximum legal rate allowed in the State of Tennessee.
Section 4. Dangerous Animals Prohibits
A. Definition of dangerous animal. “Dangerous animal” means the following:
(1) Any animal which is classified within Class I or II of Tennessee Code Annotated Section 70-4-401.
(2) Any animal having a disposition or propensity to attack or bite any person or animal, or any animal which has been trained to attack on command.
(3) Any pit bull dog, which is defined to mean any and all of the following dogs:
a. The Staffordshire Bull Terrier bread of dog
b. The American Staffordshire Terrier
c. The American Pit Bull breed dog
d. Dogs which have the appearance and characteristics of being predominantly of the breeds of dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier.
B. Prohibition of dangerous animals. Except as provided elsewhere in this Declaration, no person shall own, keep, or harbor any pit bull dog, in the East Shores Subdivision, or any other animal declared to be a dangerous animal in accordance with ARTICLE VI, Section 4.
Section 1. Lake Use. The owner of each Lot in the subdivision, or any additions thereto, shall have the privilege of using the Lake for recreational purposes, subject to Exhibit “A” Lake Rules and Regulations, and to the following limitations:
A. Only one pier may be erected for each lake front residential lot. The design and plan for pier construction must be approved in the manner herein provided for the approval of location, design and erection of houses. This paragraph does not apply to off-shore property owners, but these property owners may enter the lake at the Association’s Marina ramp.
B. No sewage or waste disposal shall be permitted to enter the lake.
C. No inboard or outboard motor boat, having in excess of 10 h. p. shall be used in the lake.
D. No Owner shall permit any person, except members of the owner’s family or house guest, or other owners of lots, to use boats or docks placed by a non-owner of the lake.
Section 2. Assessment. All assessments or fees due to Lakeland Development Corporation, its successors and/or assigns for use/maintenance to the lake are matters entirely between the Lot Owners and Lakeland Development Corporation and its successors or assigns.
Section 1. Common Area.
A. The common area shall be for the common use of the Association and its members, subject to the rules and regulations adopted by the Association Board of Directors.
B. The area consisting of the Pavilion and Marina as shown on Exhibit B is a Common Area owned by the Association and shall be for the common use of the Association and its members, subject to the rules and regulations adopted by the Association Board of Directors.
Section 2. Easements for Utilities and Related Purposes. The Association is authorized and empowered to grant (and shall from time to time grant), such licenses, easements and/or right-of-way for sewer lines, water lines, electrical cables, telephone cables, television and other communication cables, internal and external wiring and antennae, gas lines, storm drains, underground conduits, and/or such other purposes related to the provision of public utilities and the common services to the Residential Community as may be considered necessary, appropriate, or desirable by the Board of Directors for the orderly maintenance, preservation and enjoyment of the Common Areas or for the preservation of the health, safety, convenience and/or welfare of the Owners of the Lots.
Section 3. General Easement. The Association reserves the right and easement to the use of the Common Areas and any Lot or portion thereof, as may be needed for repair, maintenance, or construction on such Lot or any other Lot or the Common Area.
Section 4. Ingress and Egress. An easement is hereby granted to all police, fire protection, ambulance, garbage collection, and U.S. Postal Service persons to enter upon the streets and Common Area in the performance of their duties. Further, an easement is hereby granted to the Association, its officers, agents employees, and to any management company selected by the Association to enter in or to cross the Common Areas and any dwelling or Common Area provided for herein. Should any utility request a specific easement by separate, recordable document, Declarant shall have the right to grant such easement on said Property without conflicting with the terms hereof. The easements provided for in this Article shall in no way affect any other recorded easement on said premises.
Section 1. Casualty Insurance. There is imposed on the Owner of each Lot the obligation to carry in full force and effect casualty insurance in limits for the replacement value of Lot improvements thereon. Insurance on the Common Area shall be carried and paid for by the Association.
Section 2. Damaged or Destroyed Dwelling. The right is given to the Association to require the owner of a damaged or destroyed dwelling to make repairs or replacements in order to restore dwelling to its condition prior to the damage or destructions, including the right to require that insurance proceeds paid to the Owner because of said damage or destruction be applied to the repair or replacement.
Section 1. Notices. Any notice required to be sent to any Member under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member in the records of the Association at the time of the mailing.
Section 2. Enforcement. The Association, or any Member, shall have the right to enforce these covenants and restrictions by any proceeding at law or in equity, against any person or persons violating or attempting to violate any covenant or restriction, to restrain violations, to require specific performance, and/or to recover damages, and against the land to enforce any lien created by these covenants. Failure by the Association or any Member to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver or the right to do so thereafter. The expense of enforcement by the Association shall be chargeable to the Owner of the Lot violating these covenants and restrictions and shall constitute a lien on the Lot, collectible in the same manner as assessments hereunder.
Section 3. Severability. Invalidation of any of these covenants or restrictions by judgments or court shall in no way affect the validity of any other provisions, which shall remain in full force and effect.
Section 4. Amendment and Duration. The covenants and restrictions of this Declaration shall run with and bind the land, shall insure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than fifty-one (51%) percent of the Lot Owners, and thereafter by an instrument signed by not less than fifty-one (51%) percent of the Lot Owners. Any amendment must be properly recorded.