Buckhorn Estates Property Owners:
BUCKHORN PROPERTY OWNERS’ ASSOCIATION
P. O. BOX 600
EAST ELLIJAY, GA 30539-0600
BUCKHORN PROPERTY OWNERS’ ASSOCIATION
P. O. BOX 600
EAST ELLIJAY, GA 30539-0600
Declaration of Restrictions
* Please Note: These online Declaration of Restrictions of Buckhorn Estates are not official but are here on this website for informational use only.
* Any errors and omissions are not the responsibility of Buckhorn Estates POA. Please refer to your hard copy or contact Buckhorn Estates POA for any questions.
Thank you.
* Please Note: These online Declaration of Restrictions of Buckhorn Estates are not official but are here on this website for informational use only.
* Any errors and omissions are not the responsibility of Buckhorn Estates POA. Please refer to your hard copy or contact Buckhorn Estates POA for any questions.
Thank you.
STATE OF GEORGIA,
COUNTY OF GILMER,
DECLARATION OF RESTRICTIONS
BUCKHORN
WHEREAS, Buckhorn, Inc. is the owner of Buckhorn, residential subdivision to be developed in Land Lots 195 , 196, 197, 200, 201, 202, 203, 231, 232, 236, 237, 238, 267 and 268, 10th District 2nd Section, Gilmer County, Georgia, and
WHEREAS, for the benefit and protection of the future and present owners of said lots in said subdivision and for the establishment and maintenance of sound values for the lots in said subdivision, it is desired that certain restrictions be imposed on said lots in said subdivision and be made a matter of public record, and property conveyed in said subdivision subject to such restrictions.
NOW THEREFORE, for and in consideration of the premises, Buckhorn, Inc. imposes upon the said Buckhorn Subdivision the following restrictions and conditions, all of which shall be deemed covenants running with the land.
1. This declaration shall be applicable to those certain lots within the Buckhorn Subdivision located within the above Land Lots, District and Section of Gilmer County, Georgia, as depicted on plats of survey filed on record in said county bearing express reference subjecting same to the terms hereof, and effective as to the lots shown on all such plats as of the date of filing for record.
2. The lots shall be used for residential purposes only, and not more than one detached dwelling house shall be erected on any one lot. No dwelling house shall consist of less than 1250 square feet of finished heated living space, exclusive of porches, carports, garages, patios, etc. Each house shall be built upon a permanent foundation
3. No mobile homes, campers or any other recreational vehicles shall be located on any lot.
4. All dwelling units erected on lots or parcels of land restricted to residential purpose only shall be constructed in a good and workmanlike manner and shall be maintained at all times in a good state of repair. The exterior of all dwelling units shall be established and maintained in an attractive manner in keeping with the natural beauty and attractiveness of the subdivision area. Upon commencement of the construction of any residential dwelling or accessory building such construction shall be completed within twelve months from the commencement of such construction.
5. The establishment, maintenance and use of all lots or parcels of land within the subdivision with regard to the disposal of sewerage and effluent shall be done in strict compliance with currently existing State and County Health Regulations. In particular, no outside toilets shall be allowed on any lot in the subdivision, and no waste or effluent shall be permitted to enter any of the streams. Further, all sanitary arrangements must be inspected and approved by local or State Health Officers.
6. Each lot owner agrees to have the location of any well or septic tank first approved by the Gilmer County Health Department or any successor body of appropriate jurisdiction, prior to the construction of such facilities.
7. The erection of any permanent or temporary dwelling or appurtenant building thereto shall be placed at least thirty-five feet from the front and rear lines of the property, and at least ten feet from the sidelines of the property, and at least ten feet from the sidelines of any abutting property owner; provided, however, if a building set back line is shown on a recorded plat, the line so shown on the plat shall prevail over this declaration.
8. No animals or fowl shall be maintained or kept on any lot or parcel of land except household pets, which pets must be confined to the owner's lot or parcel of land unless such pet is on leash or under the direct supervision of said owner or his agent while in the subdivision area.
9. Buckhorn, Inc., for itself, its successors and assigns, reserves easements for the installation and maintenance of all utilities and drains, parallel to and ten feet from all rear lot lines and said Buckhorn, Inc., for itself, its successors and assigns, reserves the right of ingress and egress to such areas for the purpose of maintaining, installing and operating any of the above-mentioned installations.
10. No noxious or offensive activity shall be carried on, on any lot or parcel of land, nor shall anything be done thereon which shall be or become an annoyance or nuisance to the neighborhood.
11. No parcel or lot of land shall be used or maintained as a dumping ground for rubbish or trash, garbage or other waste, including, but not limited to , junk vehicles of any sort and household waste: and said lots and parcels of land shall be kept clean and in a sanitary condition.
12. No advertising activity of any kind shall be allowed on any parcel of land or lot, except one sign of no more than four feet square advertising the lot or parcel of land for sale or lease by the owner thereof, or such owner’s agent.
13. Property owners in Buckhorn, by acceptance of a deed or entering into a contract for the purchase of property in said subdivision, covenant and agree to pay Buckhorn Property Owners Association, Inc., a nonprofit Georgia corporation, annual membership dues and such special assessments that may hereafter be charged by said association in accordance with its Charter and By-Laws.
The annual membership dues shall be used by the association for such purposes which may from time to time be authorized by the Board of Directors of the Association.
In the event that annual membership dues or special assessments are not paid when due, such amounts owed shall therefore bear interest at the rate of 10% per annum from the date of delinquency. Further, in the event it becomes necessary for the association to take any legal action to collect any delinquent payments, and any interest thereon, there shall be added to such payment amounts reasonable attorney's fees and all court costs incident thereto. All membership dues and payments payable to Buckhorn Property Owners Association, Inc., together with any interest or legal fees or costs incident thereon, if any, shall be a charge on the land owned by each property owner, or shall be a continuing lien upon said property.
The lien of the annual membership dues and assessments provided for herein shall be subordinate to the lien of any first Deed to Secure Debt now or hereafter placed upon any lot, and subject to said payment provided, however, that such subordination shall apply only to the dues and assessments which have become due and payable prior to sale or transfer of such property pursuant to a foreclosure proceeding or in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for the lien of any dues or assessments thereafter becoming due, and any such subsequent dues and assessment.
14. These restrictions shall be considered as covenants running with the land, and shall be binding upon the purchaser of any lot or parcel of land in said subdivision, together with purchaser's heirs, assigns and successors
15. Any invalidation of any of these covenants or restrictions shall in no way effect any of the provisions herein, and shall thereafter remain in full force and effect.
IN WITNESS WHEREOF, Buckhorn, Inc. has executed this instrument by its authorized officer, on this 1st day of June, 1983.
COUNTY OF GILMER,
DECLARATION OF RESTRICTIONS
BUCKHORN
WHEREAS, Buckhorn, Inc. is the owner of Buckhorn, residential subdivision to be developed in Land Lots 195 , 196, 197, 200, 201, 202, 203, 231, 232, 236, 237, 238, 267 and 268, 10th District 2nd Section, Gilmer County, Georgia, and
WHEREAS, for the benefit and protection of the future and present owners of said lots in said subdivision and for the establishment and maintenance of sound values for the lots in said subdivision, it is desired that certain restrictions be imposed on said lots in said subdivision and be made a matter of public record, and property conveyed in said subdivision subject to such restrictions.
NOW THEREFORE, for and in consideration of the premises, Buckhorn, Inc. imposes upon the said Buckhorn Subdivision the following restrictions and conditions, all of which shall be deemed covenants running with the land.
1. This declaration shall be applicable to those certain lots within the Buckhorn Subdivision located within the above Land Lots, District and Section of Gilmer County, Georgia, as depicted on plats of survey filed on record in said county bearing express reference subjecting same to the terms hereof, and effective as to the lots shown on all such plats as of the date of filing for record.
2. The lots shall be used for residential purposes only, and not more than one detached dwelling house shall be erected on any one lot. No dwelling house shall consist of less than 1250 square feet of finished heated living space, exclusive of porches, carports, garages, patios, etc. Each house shall be built upon a permanent foundation
3. No mobile homes, campers or any other recreational vehicles shall be located on any lot.
4. All dwelling units erected on lots or parcels of land restricted to residential purpose only shall be constructed in a good and workmanlike manner and shall be maintained at all times in a good state of repair. The exterior of all dwelling units shall be established and maintained in an attractive manner in keeping with the natural beauty and attractiveness of the subdivision area. Upon commencement of the construction of any residential dwelling or accessory building such construction shall be completed within twelve months from the commencement of such construction.
5. The establishment, maintenance and use of all lots or parcels of land within the subdivision with regard to the disposal of sewerage and effluent shall be done in strict compliance with currently existing State and County Health Regulations. In particular, no outside toilets shall be allowed on any lot in the subdivision, and no waste or effluent shall be permitted to enter any of the streams. Further, all sanitary arrangements must be inspected and approved by local or State Health Officers.
6. Each lot owner agrees to have the location of any well or septic tank first approved by the Gilmer County Health Department or any successor body of appropriate jurisdiction, prior to the construction of such facilities.
7. The erection of any permanent or temporary dwelling or appurtenant building thereto shall be placed at least thirty-five feet from the front and rear lines of the property, and at least ten feet from the sidelines of the property, and at least ten feet from the sidelines of any abutting property owner; provided, however, if a building set back line is shown on a recorded plat, the line so shown on the plat shall prevail over this declaration.
8. No animals or fowl shall be maintained or kept on any lot or parcel of land except household pets, which pets must be confined to the owner's lot or parcel of land unless such pet is on leash or under the direct supervision of said owner or his agent while in the subdivision area.
9. Buckhorn, Inc., for itself, its successors and assigns, reserves easements for the installation and maintenance of all utilities and drains, parallel to and ten feet from all rear lot lines and said Buckhorn, Inc., for itself, its successors and assigns, reserves the right of ingress and egress to such areas for the purpose of maintaining, installing and operating any of the above-mentioned installations.
10. No noxious or offensive activity shall be carried on, on any lot or parcel of land, nor shall anything be done thereon which shall be or become an annoyance or nuisance to the neighborhood.
11. No parcel or lot of land shall be used or maintained as a dumping ground for rubbish or trash, garbage or other waste, including, but not limited to , junk vehicles of any sort and household waste: and said lots and parcels of land shall be kept clean and in a sanitary condition.
12. No advertising activity of any kind shall be allowed on any parcel of land or lot, except one sign of no more than four feet square advertising the lot or parcel of land for sale or lease by the owner thereof, or such owner’s agent.
13. Property owners in Buckhorn, by acceptance of a deed or entering into a contract for the purchase of property in said subdivision, covenant and agree to pay Buckhorn Property Owners Association, Inc., a nonprofit Georgia corporation, annual membership dues and such special assessments that may hereafter be charged by said association in accordance with its Charter and By-Laws.
The annual membership dues shall be used by the association for such purposes which may from time to time be authorized by the Board of Directors of the Association.
In the event that annual membership dues or special assessments are not paid when due, such amounts owed shall therefore bear interest at the rate of 10% per annum from the date of delinquency. Further, in the event it becomes necessary for the association to take any legal action to collect any delinquent payments, and any interest thereon, there shall be added to such payment amounts reasonable attorney's fees and all court costs incident thereto. All membership dues and payments payable to Buckhorn Property Owners Association, Inc., together with any interest or legal fees or costs incident thereon, if any, shall be a charge on the land owned by each property owner, or shall be a continuing lien upon said property.
The lien of the annual membership dues and assessments provided for herein shall be subordinate to the lien of any first Deed to Secure Debt now or hereafter placed upon any lot, and subject to said payment provided, however, that such subordination shall apply only to the dues and assessments which have become due and payable prior to sale or transfer of such property pursuant to a foreclosure proceeding or in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for the lien of any dues or assessments thereafter becoming due, and any such subsequent dues and assessment.
14. These restrictions shall be considered as covenants running with the land, and shall be binding upon the purchaser of any lot or parcel of land in said subdivision, together with purchaser's heirs, assigns and successors
15. Any invalidation of any of these covenants or restrictions shall in no way effect any of the provisions herein, and shall thereafter remain in full force and effect.
IN WITNESS WHEREOF, Buckhorn, Inc. has executed this instrument by its authorized officer, on this 1st day of June, 1983.
