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Note

The documents located herein are intended to reflect their state as of the amendment recorded June 23rd, 2016 at 11:38am on page 215 of Fulton County Deed Book 56313. Amendments recorded subsequent to this date will not be represented by the documents located herein.

Monticello Park

• DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR MONTICELLO PARK
• I. Definitions
• II. Property Rights
  • 2.1. Common Area
  • 2.2. No Partition
  • 2.3. Condemnation
  • 2.4. Limited Common Area
  • 2.5. Liability
• III. Membership and Voting Rights
  • 3.1. Function of Association
  • 3.2. Membership
  • 3.3. Voting
• IV. Rights and Obligations of the Association
  • 4.1. Common Area
  • 4.2. Personal Property and Real Property for Common Use
  • 4.3. Enforcement
  • 4.4. Implied Rights; Board Authority
  • 4.5. Governmental Interests
  • 4.6. Indemnification
  • 4.7 Dedication of Common Areas
  • 4.8. Safety and Security
  • 4.9. Suspension of Services and Utilities Provided by the Association
• V. Maintenance
  • 5.1. Association’s Responsibility
  • 5.2. Owner’s Responsibility - Townhome Units
  • 5.3. Owner’s Responsibility - Detached Units
  • 5.4. Failure to Maintain
  • 5.5. Standard of Performance
  • 5.6. Party Walls and Fences - Townhome Units
  • 5.7. Wiring
  • 5.8. Maintenance Expenses
• VI. Insurance and Casualty Losses
  • 6.1. Association Insurance
  • 6.2. Individual Insurance - Townhome Units
  • 6.3 Individual Insurance - Detached Units
  • 6.4 Damage to Units
• VII. Annexation and Withdrawal of Property
  • 7.1. Annexation Without Approval of Membership
  • 7.2. Annexation With Approval of Membership
  • 7.3. Withdrawal of Property
  • 7.4. Additional Covenants and Easements
• VIII. Assessments
  • 8.1. Creation of Assessments
  • 8.2. Declarant’s Obligation for Assessments
  • 8.3. Computation of General Assessments
  • 8.4. Reserve Budget and Capital Contribution
  • 8.5. Special Assessments
  • 8.6. Specific Assessments
  • 8.7 Townhome Unit Assessments
  • 8.8. Lien for Assessments
  • 8.9. Date of Commencement of Assessments
  • 8.10. Failure to Assess
  • 8.11. Exempt Property
• IX. Architectural Standards
  • 9.1. General
  • 9.2. Architectural Review
  • 9.3. Guidelines and Procedures
  • 9.4. No Waiver of Future Approvals
  • 9.5. Variance
  • 9.6. Limitation of Liability
  • 9.7. Enforcement
• X. Use Restrictions and Rules
  • 10.1. Plan of Development: Applicability; Effect
  • 10.2. Authority to Promulgate Use Restrictions and Rules
  • 10.3. Owners’ Acknowledgment
  • 10.4. Rights of Owners
• XI. Easements
  • 11.1. Easements of Encroachment
  • 11.2. Easements for Utilities, Etc
  • 11.3. Easements for Drainage
  • 11.4. Easements to Serve Additional Property
  • 11.5. Right of Entry
  • 11.6. Landscaping and Signage Easements
  • 11.7 Easement to Inspect and Right to Correct
  • 11.8 Easement for Encroachment and Overhang - Townhome Units
  • 11.10 Adjacent Owner Easement
  • 11.11 Easement for Private Streets
• XII. Mortgagee Provisions
  • 12.1. Notices of Action
  • 12.2. No Priority
  • 12.3. Notice to Association
  • 12.4. Failure of Mortgagee to Respond
• XIII. Declarant’s Rights
• XIV. Dispute Resolution and Limitation on Litigation
  • 14.1. Agreement to Avoid Litigation
  • 14.2. Claims
  • 14.3. Mandatory Procedures
  • 14.4 Allocation of Costs of Resolving Claims
  • 14.5 Enforcement of Resolution
• XV. General Provisions
  • 15.1. Duration
  • 15.2. Amendment
  • 15.3. Severability
  • 15.4. Litigation
  • 15.5. Cumulative Effect; Conflict
  • 15.6. Compliance
  • 15.7. Notice of Sale or Transfer of Title
  • 15.8. Exhibits
  • 15.9. No Discrimination

Exhibits

• Exhibit “A” - Land Initially Submitted
• Exhibit “B” - Land Subject to Annexation
• Exhibit “C” - Initial Use Restrictions and Rules
  • 1. General
  • 2. Rules and Restrictions
  • 3. Prohibited Conditions
• Exhibit “D” - By-Laws of Monticello Park Homeowners’ Association, Inc.
  • I. Name, Principal Office, and Definitions
  • II. Membership: Meetings, Quorum, Voting, Proxies
  • III. Board of Directors: Selection, Meetings, Powers
  • IV. Officers
  • V. Committees
  • VI. Miscellaneous