Sedgefield Bylaws and Covenants
BY-LAWS AND PUBLISHED RULES AND REGULATIONS GOVERNING OPERATIONS AND ACTIVITIES INVOLVING COMMON PROPERTIES OF THE SEDGEFIELD HOMEOWNERS ASSOCIATION, INC
PREPARED FEBRUARY, 1990
Instrument Number 053060 "DECLARATION OF COVENANTS AND RESTRICTIONS" dated August 31, 1987 and including First Amendment Instrument Number 055359 dated September 21, 1987 and Second Amendment Instrument Number 042634 dated July 27, 1988.
Whereas, the Association desires herein to clarify conditions which shall control use and maintenance of Common Properties for the protection, safety, and enjoyment of all members as provided in the "Declaration of Covenants and Restrictions". Section 3. paragraphs (1), (b), and (c) thereof as well as may be derived from requirements of the insurance provide declarations, federal, state, and local laws these By-laws have been executed by the Association.
These By-laws shall be applicable as of March 1, 1990 and thereafter except as they may be changed or modified subject to the provisions of Section 1, herein.
All Association Members shall refer to these By-laws for interpretation of required actions and shall avoid infractions to them. The board is empowered to act on behalf of the Association to seek appropriate remedy for infractions including legal assistance.
"Association" shall mean and refer to the Sedgefield Homeowners Association, Inc.
"Common Properties" shall mean and refer to those areas of land and facilities owned by the Association for the common use and enjoyment of owners of property in Sedgefield Subdivision.
"Member" shall mean and refer to hose owners of Sedgefield home lots provided such ownership is not merely as security for the performance of an obligation of a subordinated owner.
"Infractions" shall mean and refer to knowingly and willfully violate, avoid, or unilaterally modify provisions of these By-laws and published rules and regulations.
"Board" shall mean and refer to those owners elected by Association members to perform as officers of the corporation to direct the ongoing business activities of the Association.
No provision or published rule or published regulation contained in these By-laws are to be interpreted in any such way to be contrary to or in violation of the "Declaration of Covenants and Restrictions", federal, state, or local laws.
Section 1. Provisions to Modify By-laws. Member(s) desiring to add, delete, or otherwise modify the provisions of these By-laws may forward such suggestions in written form to any Board member(s). After discussion and review between the sponsoring member(s) and the Board (not to exceed 15 days) the Board will circulate the suggested modification to all members for comment/vote (not to exceed 15 days). Based on outcome of these actions, the Board will determine to adopt or reject the modification and notify all members of the determination. The sponsoring member(s) has the option of appeal by arranging a full membership meeting to vote on the recommended modification. The results of such a vote shall be binding on the Association provided it represents a simple majority of total Association members.
Section 2. Recreation Committee.
(a) Annually, and no later than March 1, the Board shall recruit and ultimately appoint two or more members to represent the Association as the "Recreation Committee". In turn, the Recreation Committee members may solicit other members to consult and assist in carrying out duties and activities of the Committee.
(b) Based on final approval of costs and plans by the Board and within allocated budgets, the Recreation Committee shall:
• ensure that operating, maintenance, and sanitation requirements are met for the pool and tennis courts; and, including the acquisition of necessary professional and other support services required.
• Review and develop suggested improvements for the pool, tennis courts, and Common Properties related to recreation maintenance, safety and enjoyment enhancements.
• Monitor and arrange for maintenance operations of the swimming pool pursuant to Tennessee regulations.
• Review and pursue corrections of deficiencies in pool operations noted by Tennessee inspectors' reports or otherwise to obtain and maintain an unencumbered state operating permit.
• Promote and seek assistance for actions to prevent and stop infractions related to recreation operations and activities.
Section 3. Association Swimming Pool Rules and Regulations.
(a) The swimming pool shall be maintained per the "Swimming Pool Law and Regulations" of the Tennessee Department of Health and Environment Division of Food and General Sanitation as it meets the definition of "Public Swimming Pools" per subsection 68-14-302 of the Public Swimming Pool Law.
(b) Further, the swimming pool shall be operated as a type "B" swimming pool defined in subsection 1200-23-1-.01 (4) r.2 as follows (excerpted):
restricted to residents, members, or registered guests including . . . motels, subdivision, and similar developments. When pools of this type are used by other persons, organizations, special groups, or by the general public, the requirements for lifeguards shall be the same as for type "A" pools (general public).
(c) The pool may be closed at the direction of the state inspector for noted deficiencies and members are advised they are subject to subsection 68-14-322 which states:
any person operating a public swimming pool who fails or refused to comply with any of the provisions of this part or rules and regulation or obstructs or hinders the regulatory authority in the discharge of his duties or otherwise operates a swimming pool in violation of this part or rules and regulations shall be guilty of a misdemeanor and shall be fined not less fifty dollars (450) and not more than five hundred dollars ($500) for each offence and each day after sufficient notice has been given shall constitute a separate offense.
(d) The swimming pool "open season" shall generally be May 20 through September 15 annually.
(e) All "parties" and special group swim requests must be made in writing to the Recreation Committee for review and approval two weeks or more prior to the requested date. The only times for such will be daily (M-F) until 6 p.m. and Tuesday and Thursday evenings excluding holidays. The sponsoring member will provide a liability exclusion in writing for full responsibility to cover damages, cleanup, and compliance to state law requirements for a lifeguard and lifeguard stand. The pool will not be closed to other members for open swimming at any time.
(f) Additional published rules and regulations shall be as follows:
*Members
and resident guests only (maximum 6 guests per member household).
*Children 12 and under and non-swimmers under 21 must have adult swimmer
supervision.
*No glass containers allowed.
*No alcoholic beverages allowed.
*No running or horseplay.
*No food or eating in or near the pool.
*No diving.
*No pets/animals inside pool fence or in pool.
*Only standard, single person flotation devices are allowed except by
individual(s) with physical impairments supported by a statement from a licensed
physician that a more complex conditions exists to require use of such other
special devices (State Law).
*No "parties" or swimming groups except as sanctioned by the
Association through consent by the Recreation Committee or Board.
*All debris and trash, especially as may cause injury, is to be removed
immediately to a waste receptacle (State Law).
*Entry gates must be kept closed at all times
(State Law).
*Members shall ensure that entry gates are locked when no other members
are remaining in the pool area.
*The pool must be illuminated for night swimming
(State Law).
*The location of the state permit has been directed by the state
inspector and is not to be removed or relocated
(State Law).
*The pool hours will be 7:00 a.m. or daylight, whichever is later, until
11 p.m. Pool illumination will be
timed accordingly.
Section 4. Tennis Rules and Regulations
(a) Members shall be responsible for keeping courts locked when no other members are remaining to play on the premises.
(b) Members shall ensure that court lights are turned off when done.
(c) Members shall arrange special group play two weeks in advance, in writing, with the consent of the Recreation Committee and shall avoid requests for evenings and holidays.
(d) Members shall limit play to 45 minutes when courts are full and there are other members waiting to play.
(e) No bicycles, skateboards, other riding equipment, or other foreign recreation equipment of any kind which would cause premature wear and tear or damage otherwise shall be allowed on the court surfaces.
(f) Play shall be done in tennis-type shoes only - - no street shoes or cleats are allowed.
(g) Members shall ensure that lights are illuminated and appropriately turned off when night play is involved.
(h) Tennis court playing hours shall be from 7:00 a.m. or daylight, whichever is later, until 11 p.m.
Section 5. Landscape Maintenance Committee.
(a) Annually, and no later than March 1, the board shall recruit and ultimately appoint two or more members to represent the Association as the Landscape Maintenance Committee. In turn, the Landscape Maintenance Committee members may solicit other members to consult and assist in carrying out duties and activities of the Committee.
(b) Based on final approval of costs and plans by the Board and within allocated budgets, the Landscape Maintenance Committee shall:
*Ensure the maintenance of Common Properties grounds, signage, and
landscape areas; and, acquire necessary professional and other support services
required.
*Review
and develop suggested improvements for grounds maintenance, appearance,
landscaping, and betterment of use.
*Develop
promotional activities to improve members involvement in Common Properties
appearance, maintenance, and improvements.
COUNTY OF KNOX:
KNOW ALL MEN BY THESE PRESENTS, That this Declaration of Covenants and Restrictions, made and entered into on this 31st day of August, 1987, by GLORIA GOODMAN IMPORTS, INC., A Florida corporation, hereinafter referred to as Developer,
WHEREAS, Developer is the owner of the real property described in Article II of this Declaration and desires to create thereon a residential community with permanent parks, playgrounds, open spaces, and/or other common facilities for the benefit of the said community; and
WHEREAS, Developer desires to provide for the preservation of the values and amenities in said community and for the maintenance of said parks, playgrounds, open spaces and other common facilities; and, to this end, desires to subject the real property described in Article II together with such additions as may be made thereto (as provided in Article II) to the covenants, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and
WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities, administering and enforcing the covenants and restrictions, and collecting and disbursing the assessments and charges hereinafter created; and
WHEREAS, Developer has incorporated under the laws of the State of Tennessee, as a non-profit corporation, SEDGEFIELD HOMEOWNERS ASSOCIATION, INC., for the purpose of exercising the functions aforesaid;
NOW THEREFORE, the Developer declares that the real property described in Article II, and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as “covenants and restrictions”) hereinafter set forth.
Section 1. The following words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings:
(a) “Association” shall mean and refer to the Sedgefield Homeowners Association, Inc.
(b) “The Properties: shall mean and refer to all such existing properties, and additions thereto, as are subject to this Declaration or any Supplemental Declaration under the provisions of Article II, hereof.
(c) "Common Properties" shall mean and refer to those areas of land which Developer proposes to convey and transfer to the Association for the common use and enjoyment of the owners of the properties.
(d) "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of Common Properties as heretofore defined.
(e) "Owner" shall mean and refer to the owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon the Properties, but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
(f) "Member" shall mean and refer to all those Owners who are members of the Association as provided in Article III, Section 1, hereof.
Section 1. Existing Property. The real property which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Knox County, Tennessee, and is more particularly described on EXHIBIT “A” attached hereto and made a part hereof.
Section 2. Additional adjacent land and/or lots may be come subject to this Declaration by recordation of additional declarations adopting and incorporating this Declaration by specific reference in the sole discretion of the Developer. Any subsequent Declarations of Covenants and Restrictions shall interlock all rights of members to the Association in order that all Lots shall have the same equal rights, privileges and obligations.
Section 1. Membership. Every person or entity who is the owner of a fee or undivided fee, interest in any Lot shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member. Membership shall commence on the date such person or entity becomes the owner of a fee or undivided fee interest in a lot.
Section 2. Voting Rights. The Association shall have two classes of voting membership.
Class A. Class A members shall be all of those owners as defined in Section 1 with the exception of the Developer. Class A members shall be entitled to one vote for each Lot in which they hold the interests required for membership by Section 1. When more than one person holds such interest or interests in any Lot, all such persons shall be members, and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Lot.
Class B. Class B members shall be the Developer. The Class B member shall be entitled to three votes for each Lot in which it holds the interest required for Membership by Section 1, provided that the Class B membership shall cease and become converted to Class A membership when the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership., or on 9/20 1992, whichever occurs first per 2nd Amendment on 7/27/88, at which time the Class B Membership shall be determined to be a Class A Membership and entitled to vote as such.
Section 1. Members' Easements of Enjoyment. Subject to the provisions of Section 3, every Member shall have a right and easement of enjoyment in and to the Common Properties and such easement shall be appurtenant to and shall pass with the title to every Lot.
Section 2. Title to Common Properties. Amended for 2nd Amendment 7/27/88 i.e., conveyed to Association on that date. The Developer may retain the legal title to the Common Properties until such time as in the opinion of the Developer the Association is financially able to maintain the same. At such time the Developer shall convey and transfer the Common Properties to the Association.
Section 3. Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following:
(a) the right of the Association, as provided in its Articles and By-laws, to suspend the enjoyment rights of any Member for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; and
(b) the right of the Association to charge reasonable admission and other fees for the use of the Common Properties; and
(c) the right of the Association to dedicate or transfer all or any part of the Common Properties to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes irrespective of Class of membership has been recorded, agreeing to such dedication, transfer, purpose of condition, and unless written notice of the proposed agreement and action thereunder is sent to every Member at least ninety (90) days in advance of any action taken.
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Developer for each Lot owned by it within the Properties hereby covenants and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, be deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; (2) special assessments for each capital improvements, such assessments, to be fixed, established, and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in The Properties and in particular for the improvements and maintenance of properties, services, and facilities devoted to this purpose and related to the use and enjoyment of the Common Properties and of the homes situated upon the Properties, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement and addition thereto, and for the cost of labor, equipment, materials, management and supervision thereof.
Section 3.
Basis and Maximum of Monthly Assessments.
The monthly assessment shall be $10.00 per lot.
From and after July 1, 1988, the monthly assessment may be increased by
vote of the Members, and hereinafter provided.
Monthly assessments were changed to $15 per month
by a vote of the membership on March 11, 2000.
In view of the fact that Developer shall incur all of the initial
costs of constructing, building, and installing swimming pool, tennis courts,
and/or other common facilities, incurring most of the initial maintenance costs
of same, and subsequently transferring said Common Properties to the Association
free of cost, the said Developer shall not be required to pay on lots owned by
it any annual or special assessment required hereunder or levied by the
Association. This
was deleted per 2nd Amendment dated 7/27/88.
Section 4. Special Assessments for Capital Improvements. In Addition to the annual assessments authorized by Section 3 hereof, the Association may levy in any assessment year a special assessment, 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 upon the Common Properties, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of a majority of the votes irrespective of class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (3) days in advance and shall set forth the purpose of the meeting.
Section 5. Change in Basis and Maximum of Annual Assessments. The Association may change the maximum and basis of the assessments fixed by Section 3 hereof prospectively for any period provided that any such chance shall have the assent of a majority of the votes irrespective of class of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting.
Section 6. Quorum for any Action Authorized Under Sections 4 and 5. The Quorum required for any action authorized by Sections 4 and 5 hereof shall be as follows:
At the first meeting called, as provided in Sections 4 and 5 hereof, the presence at the meeting of Members, or of proxies, entitled to cast fifty (50) percent of all the votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 4 and 5, and the required quorum at any such subsequent meeting shall be one-half of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than thirty (30) days following the preceding meeting.
Section 7. Date of Commencement of Monthly Assessments. Monthly Assessments for each Lot shall be due and payable in advance on the first day of each month commencing on the first day of the month following the closing of the sale of that Lot from the Developer. The due date of any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment.
Section 8. Effect of Non-Payment of Assessment; Personal Obligation of the Owner; Lien, Remedies of Association. If the assessments are not paid on the date when due (being the dates specified in Section 7 hereof), then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property which shall bind such property in the hands of then Owner, his heirs, devises, personal representatives, and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them.
If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of nine (9) percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assessment the cost of preparing and filing the complaint in such action, and in the event of judgment is obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the Court, together with the costs of the action.
Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject to assessment; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment.
Section 10. Exempt Property. The following property subject to this Declarations shall be exempted from the assessments, charge and lien created herein: (a) all properties to the extent of any easement or other interest therein (b) all Common Properties as defined in Article I, Section 1 hereof; (c) all properties exempted from taxation by the laws of the State of Tennessee, upon the terms and to the extent of such legal exemption.
Notwithstanding, any provisions herein, no land or improvements devoted to dwelling use shall be exempt from said assessments, charges or liens.
These covenants are to take effect immediately, and shall be binding on all parties and all persons claiming under them until January 1, 2008, at which time said covenants shall be automatically extended for successive periods of ten years unless by vote of the majority of the then owners of Lots in its agreed to change said covenants in whole or in part.
If the parties hereto or any of their heirs and assigns shall violate or attempt to violate any of the covenants of restrictions herein, it shall be lawful for the Association or any owner as defined herein to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions, and either to prevent him or them from so doing, or to recover damages or other dues for such violation.
Invalidation of any one of these covenants by judgment or court order shall not in any way affect any of the other provisions which shall remain in full force and effect.
All the lots in the Subdivision shall be known and designated as residential lots, unless otherwise noted. No structure shall be erected, altered, placed or permitted to remain on any of the said lots other than one detached single-family dwelling, not to exceed two and one-half stories in height, including at attached 2-car private garage, except by approval and sanction of the Sedgefield Advisory Committee.
All buildings shall meet the setback line and otherwise comply with the regulations of the Town of Farragut, unless the Sedgefield Advisory Committee requires greater setbacks.
No dwelling shall be erected, placed, altered or permitted to remain on any lot in this Sedgefield Subdivision, unless the ground floor area of which shall contain at least 1600 square feet in the case of a one-story dwelling, 900 square feet on the first floor of a two-story dwelling, together with at least 900 square feet in the second floor; in the case of a split-level dwelling the same must contain a total of 1699 square feet on the living room or main floor and on the second floor level; in the case of a basement type dwelling the same must contain 1500 square feet in the top level. All roofs shall have a minimum pitch of 6 and 12 (6/12) unless waived in writing by the Sedgefield Advisory Committee. Basements, open porches, and garages shall not be considered in computing the square footage of living area space. The Sedgefield Advisory Committee must pass upon the requirements for all dwellings in regard to basic square footage.
No building or any other improvements of any kind shall be erected, placed, altered, or permitted to remain on any building lot, or on the Common Properties, in the Subdivision until all of the detailed plans and specifications and a plan showing the location of a dwelling have been approved in writing by the Sedgefield Advisory Committee as to quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finish grade level and elevation. The Sedgefield Advisory Committee shall be composed of three members appointed by the Developer. A majority of the committee may designate a representative to act for the Committee, the Developer shall have the exclusive authority to designate a successor. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. In the event the said Committee, or its designated representative, fails to approve or disapprove such plans or specifications within 30 days after the same have been submitted to it, such approval shall be implied and no longer required and this covenant will be deemed to have been fully complied with. Further, such plans must be left with Sedgefield Advisory Committee during the period of construction after approval.
The Sedgefield Advisory Committee may from time to time promulgate rules and regulations concerning any aspect of buildings or other improvements to be erected, placed, altered or permitted to remain on any lot, or in the Common Properties of the subdivision, in order to promote and maintain an aesthetically pleasant environment, and to protect the general health, welfare, and safety of the residents.
In the event that a violation of any requirement contained in this Declaration or of any requirement promulgated by the SEDGEFIELD Advisory Committee shall inadvertently occur, which violation shall not be of such nature to defeat the intent and purpose of such requirements, the committee shall have the right and authority to waive such violation.
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.
No trailer, basement, tent, shack, garage, barn or other outbuildings erected on 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 residence.
Section 1. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. No easements, rights-of-way or rights of access shall be deemed granted or in any way given to a person or companies through any lot in this Subdivision unless permission is given in writing by the Developer of the Subdivision.
Section 2. The Developer will plant decorative trees within the five foot planting easement designated along front lot lines in the subdivision plat. The owner of each lot shall have the obligation to maintain such trees (including but not limited to watering, fertilizing, pruning, spraying, and/or replacing), and if the owner fails to so maintain, then the Association shall so maintain and/or replace such trees and charge or assess the lot for all costs incurred in so satisfying this tree maintenance obligation.
At no time shall any lot or parcel be stripped of its top soil, trees, or allowed to go to waste or waste away by being neglected, excavated, or having refuse or trash thrown, or dropped, or dumped upon it. No lumber, brick, stone, cinder block, concrete block, or other materials used for building purposes, shall be stored upon any lot more than a reasonable time for the construction in which they are to be used to be completed. No person shall place on any lot in the Subdivision refuse, stumps, rock, concrete blocks, dirt or building materials or other undesirable materials. Any person doing so shall be notified by the Association to correct said procedure within five days, and if the same is not done, subject person shall pay the cost of removal and be subject to injunctive process.
No signs of any kind shall be displayed to the public view on any lot, except one sign of not more than five square feet advertising the property for sale or rent. The Developer may display signs of any size for the promotion of the Subdivision and the sale of lots.
No animals, livestock, poultry or fowl of any kind shall be raised, bred, or kept on any lot, except household pets such as dogs and cats may be kept, provided that they are not kept, bred, or maintained for any commercial purpose.
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary covered containers. All incinerators or other equipment for the storage of such materials shall be kept in a clean and sanitary condition.
Section 1. Sight Lines. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner within the triangular area formed by the street property line and the line connecting them at points 25 feet from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line within the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
Section 2. Miscellaneous Restrictions. No fences or walls shall be erected, placed, or altered on any lot or common properties without the prior approval of the Sedgefield Advisory Committee. chain link fences are specifically prohibited, unless approved by the Committee.
No aerials or antennae, whether for radio, television, or otherwise, and no other exterior electric or electronic equipment of any kind shall be installed or maintained on the exterior of any structure, or on any portion of any lot or common properties, without the prior written approval of the Sedgefield Advisory Committee.
All air conditioners and garbage cans shall be concealed from view by appropriate screening, which screening must have the prior approval of the Sedgefield Advisory Committee.
All outside light poles and similar structures must have the prior approval of the Sedgefield Advisory Committee.
All aboveground exterior foundation walls shall be veneered with brick, stone, or stucco. All stucco shall be applied in a manner such that joints in blocks do not appear visible.
Section 3. Developer Rights. Notwithstanding anything in this declaration to the contrary, the Developer shall have the right to use the properties for ingress and egress, including construction machinery and trucks, and no person shall in any way impede or interfere with the developer, or its employees or agents, in the exercise of this right. Further, no person shall interfere with the completion of the subdivision, or with the sale of the lots and the improvements thereon. The Developer may make such use of the property, free from the interference of lot owners as may be reasonably necessary to facilitate the completion and sale of the lots and improvements thereon, including but not limited to the maintenance of a sales office and model area, the showing of the property, the display of signs, and the construction or placement of construction and/or sales offices of a temporary nature on the property.
All communication from lot owners to the Developer and/or the Sedgefield Advisory Committee, or any representative thereof, shall be in writing.
Developer hereby reserves the right in its absolute discretion at any time to annul, waive, change or modify any of the restrictions, conditions or covenants contained herein, as to any part of the Sedgefield Subdivision, then owned by Developer, and with consent of the owner, as to any other land in said subdivision, and shall have the further right before a sale to change the size of or location or relocate any of the lots, parcels, streets, or roads shown on any of the plats of Sedgefield.
Any or all of the rights and powers, titles, easements and estates reserved or given to Developer in this Declaration may be assigned to any one or more corporations or assigns that will agree to assume said rights, powers, duties and obligations and carry out and perform the same. Any such assignment or transfer shall be made by appropriate instrument in writing in which the assignee or transferee shall join for the purpose of evidencing its acceptance of such rights and powers; and such assignee or transferee shall thereupon have the same rights and powers and be subject to the same obligations and duties as are herein given to and assume by Developer and Developer shall thereupon be released therefrom.
IN WITNESS WHEREOF, the Developer has caused this instrument to be executed the 31st day of August, 1987.
GLORIA GOODMAN IMPORTS, INC.,
a Florida corporation
THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS made this 21st day of September, 1987, by GLORIA GOODMAN IMPORTS, INC., a Florida corporation, hereinafter referred to as Developer.
W I T N E S S E T H:
WHEREAS, Developer is the developer of a subdivision located in District No. Six (6) of Knox County, Tennessee, known as Sedgefield; and
WHEREAS, Developer placed of record in Deed Book 1926, page 314, in the Knox County Register's Office, a Declaration of Covenants and Restrictions for said subdivision (the "Declaration"); and
WHEREAS, the Declaration referred to property described on Exhibit A thereto as being subject to said Declaration, but said exhibit was inadvertently omitted; and
WHEREAS, Developer wishes to amend the Declaration to include Exhibit A.
NOW, THEREFORE, Developer hereby amends and modifies said Declaration to add Exhibit A which is attached hereto as Exhibit A to the Declaration and does hereby declare that the property described on Exhibit A attached is subject to the Declaration of Covenants and Restrictions recorded in Deed Book 1926, page 314, in the Knox County Register's Office.
IN WITNESS WHEREOF, Developer has caused this instrument to be executed by its duly authorized officer on the date and year first above written.
Lots 1 through 131, inclusive, together with Tracts A, B, C, D, and E, of Sedgefield, as shown on the plat of said subdivision of record in Plat Cabinet K, Slides 226B and 226C, in the Knox County Register's Office.
THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS, made this 27th day of July, 1988, by GLORIA GOODMAN IMPORTS, INC., a Florida corporation, hereinafter referred to as Developer.
W I T N E S S E T H:
WHEREAS, Developer is the developer of a subdivision located in District No. Six (6) of Knox County, Tennessee, known as Sedgefield; and
WHEREAS, Developer placed of record in Deed Book 1926, page 314, in the Knox County Register's Office, a Declaration of Covenants and Restrictions for said subdivision, and amended said Declaration by instrument recorded in Warranty Book 1927, page 642, (the "Declaration as amended"); and
WHEREAS, Developer desires to amend certain provisions of the Declaration as amended.
NOW, THEREFORE, Developer hereby amends and modifies said Declaration as amended as follows:
(1) Article 4, Section 2, is hereby amended to read as follows:
Title to common properties. The Developer has heretofore conveyed the legal title to the common property to the Association.
(2) Article 3, Section 2, Voting Rights, is amended to delete the second paragraph and substitute therefore the following:
Class B. Class B members shall be the Developer. Class B member shall be entitled to three votes for each lot which it holds the interest required for membership by Section 1 provided that the Class B membership shall cease and become converted to Class A membership when the total votes outstanding of the Class A membership equals the total votes outstanding of the Class B membership, or on September 20, 1992, which ever shall first occur, at which time the Class B membership shall be determined to be a Class A membership and entitled to vote as such.
(3) Article 5, Section 3, is hereby amended to read as follows:
Section 3 - Basis and maximum of monthly assessment. The monthly assessment shall be $10.00 per lot. From and after July 1, 1988, the monthly assessment may be increased by vote of the members as hereinafter provided.
EXCEPT AS HEREIN MODIFIED, said Restrictions remain in full force and effect.
IN WITNESS WHEREOF, Developer has caused this instrument to executed by its duly authorized officer on the day and year first above written.