Exhibit “C” - Initial Use Restrictions and Rules

The following restrictions shall apply to all of the Community until such time as they are amended, modified, repealed or limited by rules of the Association adopted pursuant to Article X of the Declaration.

1. General 

The Community shall be used only for residential, recreational, and related purposes (which may include, without limitation, an information center and/or a sales office for any real estate broker retained by Declarant to assist in the sale of property described on Exhibits “A” or “B,” offices for any property manager retained by the Association or business offices for Declarant or the Association) consistent with this Declaration and any Supplemental Declaration.

2. Rules and Restrictions 

The Community is subject to the following rules and restrictions unless expressly authorized by, and then subject to such conditions as may be imposed by the Board of Directors:

2.a. Parking 

The following restrictions shall apply to all Owners, occupants, invitees and guests: (Construction, service, and delivery vehicles shall be exempt from this provision during daylight hours for such period of time as is reasonably necessary to provide service or to make a delivery to a Unit or the Common Area).

Parking of commercial vehicles or equipment, mobile homes, recreational vehicles, ATVs, boats and other watercraft, trailers, stored vehicles or inoperable vehicles in places other than in enclosed garages is prohibited. The term “commercial vehicles” as used herein shall include any vehicle which bears any indicia of commercial use, including, but not limited to, writings, logos or which would not be primarily used for the transportation of passengers.
Any vehicle, boat, motorhome, trailer, or recreational vehicle, left upon any portion of the Common Area or within the private streets within the Community for longer than forty-eight (48) consecutive hours is subject to removal without further notice. The costs of such removal shall be an assessment against the Owner of same;
All vehicles shall be parked in the garage and garage doors shall be kept closed except during times of ingress and egress from the garage; and
Trucks with mounted campers which are an Owner or occupants’ primary means of transportation shall not be considered recreational vehicles, provided they are used on a regular basis for transportation and the camper is stored out of public view upon removal.
If any vehicle is parked on any portion of the Community in violation of this Section or in violation of the Association’s rules and regulations, the Board or agent of the Association may place a notice on the vehicle specifying the nature of the violation and stating that after twenty-four (24) hours the vehicle may be towed. The notice shall include the name and telephone number of the person or entity that will do the towing and the name and telephone number of a person to contact regarding the alleged violation. If twenty-four (24) hours after such notice is placed on the vehicle the violation continues or thereafter occurs again within six (6) months of such notice, the Board or agent of the Association may have the vehicle towed in accordance with the notice, without further notice to the Owner or user of the vehicle.
If a vehicle is parked in a fire lane, is blocking another vehicle, is obstructing the flow of traffic, is parked on any landscaped area or Common Area, is parked in any private street, alley or drive, or otherwise creates a hazardous condition, no notice shall be required and the Board or agent of the Association may have the vehicle towed immediately. If a vehicle is towed in accordance with this subparagraph, neither the Association nor any officer or agent of the Association shall be liable to any person for any claim of damage as a result of the towing activity. Notwithstanding anything to the contrary herein, the Board may elect to impose fines or use other available sanctions, rather than exercise its authority to tow.

2.b. Animals 

Other than a reasonable number of dogs, cats, or other usual and common household pets, raising, breeding, or keeping of animals of any kind is prohibited. Pets which are permitted to roam free, or, in the Board’s sole discretion, make objectionable noise, endanger the health or safety of, or constitute a nuisance or inconvenience to the occupants of other Units shall be removed upon request of the Board. If the pet owner fails to honor such request, the Board may remove the pet. Dogs shall be kept on a leash whenever outside the dwelling. Pet owners are required to clean up after pets. Pets shall be registered, licensed, and inoculated as required by law. Failure to comply with these restrictions will result in fines as provided for in the By-Laws.

2.c. Business 

An Owner or occupant residing in a Unit may conduct business activities within the structure located on the Unit so long as: (i) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the Unit; (ii) the business activity conforms to all zoning requirements for the Community; (iii) the business activity does not involve excessive visitation of the Unit by clients, customers, suppliers, or other business invitees or door-to-door solicitation of residents of the Community; and (iv) the business activity is consistent with the residential character of the Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Community, as may be determined in the sole discretion of the Board, regardless of whether: (i) such activity is engaged in full or part-time, (ii) such activity is intended to or does generate a profit, or (iii) a license is required. This subsection shall not apply to any activity conducted by Declarant or a builder approved by Declarant with respect to its development and sale of the Community or its use of any Units which it owns within the Community.

2.d. Trash Cans 

Trash cans and recycle bins shall not be stored in the driveway other than the day of trash collection. Trash receptacles stored in side yards must be screened from view. Such screening design and materials must be approved by the ARC.

2.e. Gardening Materials 

Garden hoses, hose reels, sprinklers, and other gardening material and equipment must be stored from view when not in use.

2.f. Garages 

Conversion of any carport or garage to finished space for use as an apartment or other integral part of the living area is not permitted without the prior approval of the Reviewer pursuant to Article IX.

2.g. Satellite Dishes 

Satellite dishes and antennas which are one (1) meter or less in diameter or diagonal measurement; shall be permitted, provided that any such device is placed. in the least conspicuous location on the Unit (generally being the rear yard) at which an acceptable quality signal can be received. Permitted Devices that may be seen from the street require written documentation from a professional installer regarding the reason for such placement.

2.h. Fences 

Written approval must be obtained from the ARC prior to any placement, erection, or maintenance of any fence or fencing type barrier of any kind. Under no circumstances shall any fence be placed, erected, allowed, or maintained upon any Unit closer to the street than the rear one-third of the residence located on the Unit. Generally, wooden privacy fences constructed of no more than six feet maximum height, unpainted wood will be approved by the Reviewer. Additional restrictions may apply to corner lots. Other types of fences may be approved on an individual basis. Notwithstanding the foregoing, Declarant shall have the right to erect fencing of any type, at any location, on any Unit during the period that such Unit is being used by Declarant as a model home or on the Common Area. The Board of Directors shall have the right to erect fencing of any type considered appropriate or desirable by the Board at any location on the Common Area.

2.i. Miscellaneous 

Written approval must be obtained from the ARC prior to any construction, erection, or placement of any thing, permanently or temporarily, on the outside portions of the Unit in accordance with the provisions of Article IX of the Declaration. This shall include, without limitation, signs, permanent basketball hoops, swing sets and similar sports and play equipment; hedges, walls, dog runs, or animal pens, of any kind; clotheslines; garbage cans; woodpiles; swimming pools; outbuildings and similar structures.

2.j. Portable Play Equipment 

Equipment, including portable basketball hoops, soccer goals, pitching/catching devises, children’s toys, bicycles, tricycles and other such items, must be stored from view when not in use.

2.k. Traffic Regulations 

All vehicular traffic on any private streets or alleys in the Community shall be subject to the provisions of the state and local laws concerning operation of motor vehicles on public streets. The Association is hereby authorized to promulgate, administer, and enforce reasonable rules and regulations governing vehicular and pedestrian traffic, including reasonable safety measures and speed limits and including modifications of those in force on public streets, within the Community. The Association shall be entitled to enforce the same by establishing such enforcement procedures as it deems appropriate, including levying fines for the violation thereof. In the event of a conflict between such provisions of state and local laws and such rules and regulations promulgated by the Association, the rules and regulations of the Association shall govern. Only drivers properly licensed to operate motor vehicles on the public roads within the State of Georgia may operate any type of motor vehicle within the Community. All vehicles of any kind and nature which are operated on the streets or alleys in the Community shall be operated in a careful, prudent, safe, and quiet manner and with due consideration for the rights of all Owners and Occupants.

2.l. Heating of Townhome Units in Colder Months 

In order to prevent breakage of water pipes during colder months of the year resulting in damage to the dwellings on Townhome Units, increased common expenses, and increased insurance premiums or cancellation of insurance policies due to numerous damage claims, the thermostats within all dwellings on Townhome Units shall be maintained with heating operating and at a minimum of fifty (50°) degrees Fahrenheit during the months of October, November, December, January, February, March, and April. Owners of Townhome Units shall take all steps possible on a timely basis to keep heating equipment, including, but not limited to, the thermostat, in good working order and repair. If during the months specified above the heating equipment in a Townhome Unit is not working properly, the Owner or Occupant shall immediately inform the Board of this failure of the equipment and of the time needed to repair the equipment and shall take reasonable steps to keep the Townhome Unit heated sufficiently to prevent the breakage of water pipes. The Board may fine any Owner or Occupant for violation hereof, in addition to any other remedies of the Association.

3. Prohibited Conditions 

The following shall be prohibited within the Community:

3.a. Quiet Enjoyment 

Any activity which emits foul or obnoxious odors outside the Unit or creates noise or other conditions which tend to disturb the peace or threaten the safety of the occupants of other Units;

Plants, animals, devices, or other things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Community (the inconvenience complained of shall not be fanciful, or such as would affect only one of fastidious taste, but it shall be such as would affect an ordinary, reasonable person as determined in a particular instance by the Board);

Pursuit of hobbies or other activities which tend to cause an unclean, unhealthy, or untidy condition to exist outside of enclosed structures on the Unit;

3.b. Laws 

Any activity which violates local, state, or federal laws or regulations is prohibited. However, the Board shall have no obligation to take enforcement action in the event of a violation;

3.c. Disrepair 

Structures, equipment, or other items on the exterior portions of a Unit which have become rusty, dilapidated, or otherwise fallen into disrepair;

3.d. Irrigation 

Sprinkler or irrigation systems or wells of any type which draw upon water from creeks, streams, wetlands, or other ground or surface waters within the Community, except that Declarant and the Association shall have the right to draw water from such sources; and

3.e. Motorized vehicles 

Motorized vehicles on pathways or unpaved Common Areas, except for public safety vehicles and vehicles authorized by the Board, provided, however, this provision shall not prohibit the use of a path by any person with a disability by the use of a wheelchair or other necessary transportation device;

3.f. Annoyance 

Any noxious or offensive activity which in the reasonable determination of the Board tends to cause embarrassment, discomfort, annoyance, or nuisance to persons using the Common Area or to the occupants of other Units;

3.g. Burning 

Outside burning of trash, leaves, debris, or other materials, except during the normal course of constructing a dwelling on a Unit;

3.h. Dumping 

Dumping of grass clippings, leaves, or other debris, petroleum products, fertilizers, or other potentially hazardous or toxic substances in any drainage ditch, stream, pond, lake, or elsewhere within the Community is prohibited. Fertilizers and pre-emergents may be applied to landscaping provided care is taken to minimize runoff;

3.i. Trash 

Accumulation of rubbish, trash, or garbage is prohibited except between regular garbage pick ups, and then only in approved containers;

3.j. Drainage 

Obstruction or rechanneling of drainage flows after installation of drainage swales, storm sewers, or storm drains is prohibited, except that Declarant and the Association shall have such right;

3.k. Subdivision 

Subdivision of a Unit into two or more Units, or changing the boundary lines of any Unit after a subdivision plat including such Unit has been approved and Recorded, except that Declarant shall be permitted to subdivide or re-plat Units which it owns; a Common Area Landscaping. Removal alteration or pruning of landscaping on the Common Area.

3.l. Common Area Landscaping 

Removal alteration or pruning of landscaping on the Common Area.