SECOND AMENDED AND
RESTATED DECLARATION OF COVENANTS AND RESTRICTIONS FOR DEER RIDGE SUBDIVISION
(Cross References: Book 7119,
Page 252; Book 4689, Page 216; Book 4918, Page 55)
This Instrument Prepared By and After Recording Return to:
Thomas L. Hayslett, III
Miller & Martin PLLC
1000 Volunteer Building
832 Georgia Avenue
AND RESTATED DECLARATION OF COVENANTS
FOR DEER RIDGE SUBDIVISION
(Cross Reference: Book 7119,
Page 252; Book 4689, Page 216; Book 4918, Page 55)
THIS SECOND AMENDED AND
RESTATED DECLARATION OF COVENANTS AND RESTRICTIONS (this “Declaration”) is made
this day of ,
2005, by DEER RIDGE HOMEOWNERS’ ASSOCIATION, INC. (the “Association”), a
Tennessee non-profit corporation, after having been duly adopted and approved
by the Owners (hereinafter defined) as more particularly hereinafter described.
Michael Shular (“Developer”)
developed all the lots shown on plats of record in Plat Book 54, Page 148 and
in Plat Book 58, Page 64, Register’s Office of Hamilton County, Tennessee
(“ROHC”), being Lots 1 through 88 as shown thereon, together with any Common
Properties (hereinafter defined) associated therewith (such lots and Common
Properties collectively herein the “Property”), into a residential subdivision,
commonly known as Deer Ridge Subdivision (the “Development”).
In the course of
developing the Development, Developer subjected the Property to certain
restrictions recorded at Book 4689, Page 216, ROHC and in Book 4918, Page 55,
ROHC (the “Original Declaration”), and Developer formed the Association for the
purpose of administering the affairs of the Development, including enforcement
of the Original Declaration, which Association operated under certain bylaws recorded
with the Original Declaration (the “Original Bylaws”).
over control of the Association to the Owners, and the Association amended and
restated the covenants and restrictions encumbering the Development, by
replacing the Original Declaration with an Amended and Restated Declaration of
Covenants and Restrictions for Deer Ridge Subdivision recorded in Book 7119,
page 252, ROHC (“Amended Declaration”), in order to provide for the
preservation of land values and home values within the Development and to
better insure a coordinated and harmonious administration of the Development
for the benefit of all Owners.
desires to modify the Amended Declaration by replacing the Amended Declaration
with this Declaration.
This Declaration was
duly adopted by the Owners of the Deer Ridge Homeowners’ Association, Inc. in
accordance with the provisions of Section 10.02 of the Amended Declaration.
NOW THEREFORE, the Association subjects the Property
and Development to the terms of this Declaration and declares that same, and
any and all portions thereof, are and shall be held, transferred, sold,
conveyed, leased, occupied, and used subject to the Covenants (hereinafter
defined) hereinafter set forth; and these Covenants shall touch and concern and
run with the Property, the Development, and each and every Home Site
FURTHERMORE, the Association declares that the Original
Declaration and the Amended Declaration are hereby superseded, replaced, and
restated by this Declaration and that the Original Declaration and Amended Declaration,
as of the Recording of this Declaration, shall be of no further force or effect
(except as to circumstances arising before the Recording of this Declaration
and to which this Declaration cannot take effect and except in the event that
this Declaration is deemed unenforceable against the Development or any portion
thereof, in which case the Original Declaration and/or the Amended Declaration
shall retain the same force and effect as to the Development or the portion
thereof, as the case may be, as either or both of such instruments had prior to
the Recording of this Declaration).
FURTHERMORE, the Association hereby certifies that it
has adopted this Declaration in accordance with the terms and provisions of the
FURTHERMORE, the remainder of this Declaration is as
The following words and terms, when used in this
Declaration, or any amendment or supplemental declaration hereto (unless the
context shall clearly indicate otherwise) shall have the following meanings:
All of the Home
Sites in the Development shall be, and be known and described as, residential
Home Sites, and no structure shall be erected, altered, placed or permitted to
remain on any Home Site other than one (1) detached single family dwelling,
subject to the terms and conditions as herein specified.
refers to a mode of occupancy, as used in contradistinction to “business” or “commerce”
or “mercantile” activity and, except where otherwise expressly provided,
“residential” shall apply to temporary as well as permanent uses, and shall
apply to vacant Home Sites as well as to buildings constructed thereon.
Home Sites, or any
portion thereof, shall not be used as a means of service to business
establishments or adjacent property, including but not limited to supplementary
facilities or an intentional passageway or entrance into a business or another
tract of land, whether or not a part of the Property.
A Two-Story Home
with an attached double garage, 2500 square feet with 1100 square
feet minimum on main level and not counting finished basements.
A One-Story Home
without basement and with a double car attached garage, 2000 square feet.
A One-Story Home
with full basement with attached double car garage, 1800 square feet on
the upper level.
A One-Story Home
with full basement with a double car garage in the basement, 2000 square
feet on the upper level.
A One and One Half
Story Home with attached double car garage, 1500 square feet on the
first floor with a minimum of 2200 total square feet, not counting
A One and One Half
Story Home with a garage in the basement, 1600 square feet on the first
floor and a minimum of 2300 total square feet, not counting finished
A Two-Story Home
with garage in the basement, 1250 square feet on the first floor, and with
a minimum of 2500 total square feet, not counting finished basement.
Home shall be erected or permitted to remain in the Development unless it has
the number of square feet of enclosed living area, exclusive of open porches,
garages or basements as set forth in this paragraph. For the purpose of this paragraph, stated
square footage shall remain the minimum floor area required, and floor area
shall mean the finished and heated living area contained with the residence,
exclusive of open porches, garages and basements.
Vegetable Gardens. No
vegetable gardens shall be planted or extended nearer to any street than the
rear elevation of any Home or nearer than 25 feet to any adjoining Home Site.
The following property, individuals, partnerships or
corporations, subject to this Declaration, shall be exempted from the
assessment, charge and lien created herein:
The grantee of a
dedicated and accepted by a local public authority and devoted to public use.
exempted from taxation by the laws of the State of Tennessee,
upon the terms and to the extent of such legal exemptions. This exemption shall not include special exemptions,
now in force or enacted hereinafter, based upon age, sex, income levels or
similar classification of the Owners.
Sale or Mortgage of Home Site. Whenever any Home Site may be sold or
mortgaged by the Owner thereof, which sale or mortgage shall be concluded only
upon compliance with other provisions of this Declaration, the Association,
upon written request of the Owner of such Home Site, shall furnish to the
proposed purchaser or mortgagee, a statement verifying the status of payment of
any assessment which shall be due and payable to the Association by the Owner
of such Home Site; and such statement shall also include, if requested, whether
there exists any matter in dispute between the Owners of such Home Site and the
Association under this Declaration. Such
statement shall be executed by any officer of the Association, and any lessee,
purchaser or mortgagee may rely upon such statement in concluding the proposed
lease, purchase or mortgage transaction, and the Association shall be bound by
In the event that a Home Site is to be sold or
mortgaged at the time when payment of any assessment against said Home Site
shall be in default, then the proceeds of such purchase or mortgage shall be
applied by the purchaser or mortgagee first to payment of any then delinquent
assessment or installments thereof due to the Association before payment of any
proceeds of purchase or mortgage to the Owner of any Home Site who is
responsible for payment of such delinquent assessment.
In any voluntary conveyance of a Home Site, the
grantee(s) shall be jointly and severally liable with the grantor(s) for all
unpaid assessments against the grantor(s) and the Home Site made prior to the
time of such voluntary conveyance, without prejudice to the rights of the
grantee(s) to recover from the grantor(s) the amounts paid by the grantee(s)
To obtain and pay
for such assistance from such attorneys, appraisers, architects, engineers,
expert witnesses and other persons, as the Board in its discretion deems
necessary or advisable, to aid and advise it in all matters relating to such
taking and its effect, including, but not limited to (i) determining whether or
not to resist such proceedings or convey in lieu thereof, (ii) defending or
instituting any necessary proceedings and appeals, (iii) making any settlements
with respect to such taking or attempted taking and (iv) deciding if, how and
when to restore the Common Properties.
To negotiate with
respect to any such taking, to grant permits, licenses and releases and to
convey all or any portion of the Common Properties and to defend or institute,
and appeal from, all proceedings as it may deem necessary or advisable in
connection with the same.
To have and exercise
all such powers with respect to such taking or proposed taking and such
restoration as those vested in boards of directors of corporations with respect
to corporate property, including but not limited to, purchasing, improving,
demolishing and selling real estate.
An amendment to this
Declaration may be considered at any annual or special meeting of the
Association; provided, however, that, if considered at an annual meeting,
notice of consideration of the amendment and a general description of the terms
of such amendment shall be included in the notice of the annual meeting provided
for in the Bylaws, and, if considered at a special meeting, similar notice
shall be included in the notice of the special meeting provided for in the
At any such meeting,
the amendment must be approved by an affirmative three-fourths (3/4ths) vote of
those Owners represented at the meeting.
An amendment adopted
under Paragraph B of this section
shall become effective upon its recording in the Register’s Office of Hamilton
County, Tennessee, and either the President of the Association or Secretary of
the Association shall execute, acknowledge and record the amendment and shall
certify on its face that it has been adopted in accordance with the provisions
of this section. The certificate shall
be conclusive evidence to any person who relies thereon in good faith,
including, without limitation, any Mortgagee, prospective purchaser, tenant,
lienor or title insurance company that the amendment was adopted in accordance
with the provisions of this section.
referred to in Paragraph C of this
section shall be in substantially the following form:
C E R T I F I C A T E
do hereby certify that I am the of Deer Ridge Homeowners’ Association, Inc.
and that the within amendment to the Amended and Restated Declaration of
Covenants and Restrictions of Deer Ridge Subdivision was duly adopted by the
Owners of said Association, in accordance with the provisions of Section 10.02 of said Declaration.
Witness my hand this day of , .
Deer Ridge Homeowners’ Association, Inc.
Deer Ridge Homeowners’ Association, Inc.P.O. Box 781
Ooltewah, Tennessee 37363
The address for the Board, the Association, or any officer thereof may
be changed by the Secretary or President of the Association by executing,
acknowledging and recording an amendment to this Declaration stating the new
address or addresses. Amendments
changing the Association’s/Board’s notice address shall not be subject to the
voting requirements in Section 10.02.
Law Governing. This
Declaration is made in the State of Tennessee, and any question pertaining to its
validity, enforceability, construction or administration shall be determined in
accordance with the laws of that State.
The following special provisions shall apply to
certain Home Sites described in this paragraph.