This is an informal summary offered for the convenience of the homeowner, and does not replace or supplant the full legal document. In the event of discrepancies, the full signed document, as filed with Gwinnett County, is the only standard of reference.
Land Use and Building Requirements
· Detached single family residences only, and only one per lot
· No subdivided lots
· Buildings may not be taller than 2.5 stories
· Private garages only, maximum size for 3 cars
· No schools, churches, kindergartens, temporary buildings, or tents; and no mobile, modular, relocated or
relocatable homes may be placed or maintained on any lot
· No business on any lot where a business license is required
· Utility buildings must be made of wood or block, compatible with house style and not visible from street
· No visible concrete or cinder blocks allowed for any building or wall
Architectural Control
· No building shall be erected, placed, altered, or permitted to stand until plans have been approved in writing
by DHOA, including changes in finish or color.
· Metal roof flashings, stack vents, attic vents and chimney caps must be painted to match roof color and vents
on rear slopes of roofs only.
· An architectural control committee, appointed by the President, must approve changes and additions before work is begun.
Sight distances at Street or Driveway Intersections
· No obstructions of sight lines (with fences, shrubs, trees, etc.) at intersections between 2 and 6 feet vertically
at any corner lot back to 25 feet from the intersection of street lines
· Same limitations within 10 feet from sight line with driveways or alleys.
Fences and Retaining Walls
· No fence can be closer to any street than the rear edge of the building, except retaining walls
· No cyclone or chain link fences are allowed, other than those in place as of 8/1/03, as long as they are not
visible from any street and meet the above requirement
· No new fences without written approval of DHOA
· Retaining walls must be of railroad ties, landscape timber, brick, natural stone or other approved materials,
and must be at or below the level of the earth embankment it is reinforcing
Lot and Building Maintenance
· Lots must be maintained neatly and attractively.
· If not, DHOA can enter the lot after giving 15 day notice, cut grass, weeds, dead trees, etc., and have them removed,
and the owner will be liable for reasonable cost.
· If the homeowner doesn’t pay for the work above, a lien may be placed on the house, which may be foreclosed if necessary
· No dwelling or structure on any lot may fall into neglect or disrepair
· In case of fire damage, buildings must be demolished and removed within 75 days, except if rebuilding and repair is
begun and finished within a reasonable time. If not repaired or replaced, after 30 day written notice, authorization
may be given to repair or demolish, and charged as a lien against the property.
Gardens, Play Equipment, and Pools
· Only ornamental plants are allowed between back of building and street. Vegetable gardens and play equipment must be in back.
· No above-ground pools.
Other Requirements and Restrictions
· Eyesores not allowed, including clotheslines
· Mailboxes must be standard prescribed type; no brick, stone, or special design
· Drainage areas are for natural flow of water, and may not be obstructed nor debris left in them
· Vehicles are not to be parked in any visible location for > 24 continuous hours, which includes cars, boats, buses, trailers, and trucks
· Firearm use, including pellet and BB guns, is not permitted in the subdivision
· Antennas and other receiving devices, including satellite dishes, may not extend >6 ft above highest part of roof,
and must be mounted on rear slope
· No livestock or poultry allowed. Pets are allowed if not bred or maintained for commercial purposes
· No signs allowed except professionally lettered ones of not more than 5 square feet advertising property for sale or rent
· No exterior lighting except one decorative post light, a standard street light, or seasonal decorative lights at Christmas,
unless specifically approved by DHOA
· Easements are reserved as on subdivision plat
· Zoning regulations must be observed, but if in conflict with the covenants, the more restrictive provision will apply
Covenant Implementation
· There is no requirement for DHOA to act or omit acting to enforce the covenants. Failure to insist that covenants
be followed is not a waiver for future enforcement.
· Any person bound by these covenants can prosecute any violator to prevent or recover damages.
· However, the individual homeowner may also delegate and assign to the DHOA in whole or part, his/her rights under
these covenants; and if the homeowner has delegated, is bound by the actions of DHOA.
· Any part of this document that proves to be invalid does not invalidate any other part.
FULL COVENANT:
STATE OF GEORGIA
GWINNETT COUNTY
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
DEERBROOK SUBDIVISION
IN RE: All those tracts or parcels of land lying and being in Land Lot 83 of the 6th District of Gwinnett County, Georgia, and being all of Deerbrook Subdivision, Units One, Two, Three and Four, in Land Lot 83 of the Sixth District, Gwinnett County, as per plat books 12, page 208; plat books 13, page 222; plat books 21, page 193; plat books 21, page 221; plat books 25, page 12; plat books 28, page 77; plat books 27, page 14; plat books 32, page 190;Gwinnett County Records (hereinafter referred to collectively as “Deerbrook” and/or the “subdivision”) and, those certain prior restrictions as recorded in Deed Book 1923, Page 76; recorded in Deed Book 2631 Page 139; recorded in Deed Book 2979 Page 309, recorded in Deed Book 2762 Page 370 and as said prior restrictions may have been modified or revised (hereinafter referred to collectively as the “prior restrictions”).
THESE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, (hereinafter the “Declarations”), are made and published this 1st day of November 2003, by the undersigned property owners.
WHEREAS, the undersigned are the owners of certain lots in Deerbrook (the exact lot numbers being enumerated adjacent to their herein below). These Declarations shall supersede and replace those prior and will, where conflicting therewith, control and be binding upon each of the undersigned property owners and their successors.
WHEREAS, it is in the best interest, benefit and advantage of the undersigned and to each and every person who shall hereafter purchase any lot from the undersigned in said subdivision (whether vacant or containing a dwelling thereon) that certain covenants governing and regulating the use and occupancy of the same be established, set forth, declared, imposed and adopted as covenants running with the land;
NOW THEREFORE, for and in consideration of the premises and of the benefits to be derived by each of the undersigned and each and every subsequent owner of any lot or dwelling in said subdivision, the undersigned do hereby establish and declare the following protective covenants to apply to the undersigned and to each and every lot or dwelling owned by the undersigned in said subdivision and said properties shall be sold, devised, conveyed, used, mortgaged or otherwise encumbered subject to these protective covenants. Every subsequent owner of any interest in any such lots or dwellings by acceptance of a deed or other conveyance of such interest, whether or not it shall be so expressed in any such deed or other conveyance, whether or not such deed or other conveyance shall be signed by such person, and whether or not such other person shall otherwise consent in writing, shall take subject to this Declaration and to the terms and conditions hereof and shall be deemed to have assented to such terms and conditions.
1.Duration. These Declarations shall be effective for a period of twenty years from the date on which the same are filed of record in the Deed records of the Clerk of Superior Court of Gwinnett County, and shall, thereafter be automatically extended for an additional like term unless terminated pursuant to the provisions of O.C.G.A. Section 44-5-60 as amended.
2.Architectural Control. No building shall be erected, placed, altered or permitted to remain on said land until the building plans, elevations, specifications of exterior materials, specifications of exterior finished have been approved in writing by the Deerbrook Homeowners Association, its successors or assigns as to the conformity and harmony of exterior finishes, exterior design and as to the location of the building with respect to topography and finished ground elevations, which approval shall be at the sole discretion of the Deerbrook Homeowners Association. The above covenant also applies to exterior re-decorations, alterations, and additions.
An Architectural Control Committee, appointed by the President, must approve in writing any such changes and additions prior to work beginning.
All exposed metal roof flashings, stack vents, attic ventilators and metal chimney caps shall be painted to match roofing color. All stack vents and attic ventilators must be located on the rear slopes of roofs.
3. Land Use and Building Type. No lot shall be used except for single-family residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two and half stories in height and a private garage for not more than three cars. No lot may be re-subdivided nor more than one dwelling may be placed on a lot.
a) No schools, churches, kindergartens, temporary buildings, shacks, tents, mobile homes, modular homes, relocatable or relocated homes shall be placed or maintained on any lot in the subdivision.
b) Notwithstanding anything contained in this Declaration to the contrary, Deerbrook Homeowners Association reserves the right to build or place on any lot or lots or on any part or portion of any lot or property subject to this Declaration, community recreational facilities, including but not limited to, clubhouses, swimming pools, tennis courts playgrounds and accessory buildings or structures, including fences surrounding same.
c) Utility buildings must be constructed of wood or cinder block, must be compatible with the style of house, and must be located to the rear of the dwelling and not visible from the street.
4. Blocks. Whenever dwellings erected on any lots are constructed in whole or in part of concrete blocks, cinder blocks or any other fabricated masonry block units, such blocks shall be veneered with brick, natural stone, painted stucco or other approved material over the entire surface exposed above the finished grade.
5.Site Distances at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadway shall be, placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sightline limitations shall apply on any lot within ten feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines.
6. Fences and Walls. Fences and walls shall not be erected, placed or altered on any lot closer to any street than the rear edge of the dwelling built on said lot unless the same be retaining walls which do not in any event rise above the finished grade elevation or the earth embankments so retained, reinforced or stabilized. The exposed part of the retaining walls shall be made of railroad ties, landscape timbers, brick, and natural stone or other approved materials. No fences shall be constructed without written approval of the association. On corner lots, no fence or wall shall be constructed closer to a street line than the alternate building line applicable to such lot. In any event, there shall not be erected or placed on any lot in this subdivision a fence of the "cyclone" or "chain link" type.
For so long as any “cyclone” fences, existing as of August 1, 2003, remain, they will be grandfathered and shall be exempted from the terms of this provision, provided, however, that said cyclone fences are not visible from any street and are not located on any lot closer to any street than the rear edge of the dwelling built on said lot. On corner lots, no fence or wall shall be constructed closer to a street line than the alternate building line applicable to such lot. In the event, however that any such existing cyclone fence is removed or replaced after the date of these Declarations, any replacement fence erected on the property shall be subject to the terms and conditions of these Declarations.
7.Maintenance of Lots.
A) The grounds of each lot shall be maintained in a neat and attractive condition, as determined by the Deerbrook Homeowners Association, at all times, which such determination shall not be unreasonable.
b) Upon failure of any owner to maintain his lot in a neat and attractive condition, Deerbrook Homeowners Association may, after fifteen (15) days written notice to such owner, enter upon such lot and have the grass, weeds and other vegetation cut when, and as often as, the same is necessary in its judgment, and may have dead trees, shrubs and other plants and trash removed therefrom.
c) Such owner shall be personally liable to Deerbrook Homeowners Association for the reasonable cost of cutting, clearing, maintenance or removal and the liability for amounts expended for such cutting, clearing and maintenance shall become a permanent charge and a continuing lien upon such lot, enforceable by Deerbrook Homeowners Association by any appropriate proceeding in law or in equity including foreclosure of the lien against the lot to which it relates.
Although notice as given, hereinabove provided shall be sufficient to give Deerbrook Homeowners Association or its designated committee the right to enter upon such lot and perform the work required, entry for the purpose to perform the work required shall be only between the hours of 7 am and 6 pm on any day except Sunday or a legal holiday.
d) No dwelling or structure on any lot shall be allowed to fall into neglect or disrepair. In the case of fire damage, such dwellings shall be demolished and the debris removed within 75 days after said fire damage, except where the repair or rebuilding is begun within said 75 days and is completed within a reasonable time thereafter. Deerbrook Homeowners Association may from time to time grant an extension when deemed necessary. In any event, failure by the owner to take such action as is necessary to maintain, repair, or replace his dwelling shall, after 30 days written notice from Deerbrook Homeowners Association, shall be deemed as authorization to Deerbrook Homeowners Association to take such action as is necessary to repair or demolish said property at the charge or cost as a lien against the property, which shall be enforceable by any means available at law or equity, including foreclosures of the lien against the lot to which it relates.
8. Business Activity. No activity shall be conducted on any lot within the subdivision where a business license is required.
9. Mailboxes. All mailboxes shall be of a standard type as prescribed by Deerbrook Homeowners Association. No brick, stone or special design mailboxes are accepted.
10. Drainage. Catch basins and drainage areas are for the purpose of the natural flow of water only. No obstructions or debris shall be placed in these areas.
11. Gardens Play Equipment and Pools. Only ornamental plants and shrubbery shall be allowed between the rear of the dwelling and any street line. Any vegetable garden or play equipment must be located between the rear of the dwelling and the rear lot line. No above ground pools are permitted.
12.Eyesores.
a) All clothes drying equipment and areas shall be so constructed so as to be hidden from any view from the street.
b) No lot or property shall be used as a dumping ground for rubbish or garbage. All garbage containers shall be decoratively hidden so as not to be visible from the street or adjoining lots.
13. Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded subdivision plat.
14. Vehicles. Vehicles shall not be parked on any subdivision street or on any lot, including the driveway, so as to be visible from the street for periods of more than twenty-four continuous hours. The term vehicles, as used herein, shall include automobiles, trucks, motor homes, boats, trailers, buses, commercial vehicles, tractor-trailers, construction or farm equipment.
15. Guns. The use of firearms on the subdivision premises is prohibited. The term firearms include “B-B”guns, pellet guns and small firearms of all types.
16. Antennas. No one shall mount an antenna on their dwelling, which extends more than six feet above the highest part of the roof. Antennas should be mounted on the rear slope of the roof. The word "antenna" is used herein to include any-and all devices, including satellite dishes, designed to receive or transmit any type of communication signal.
17. Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose.
18. Signs. No sign of any kind shall be displayed to the public view on any lot except a professionally lettered sign of not more than five square feet advertising the property for sale or rent.
19. Security Lighting. No residents shall have exterior lighting visible from the street other than: a) one decorative post light, b) a street light in conformity with an established street lighting program for the subdivision, c) seasonal decorative lights at Christmas, unless specifically approved by the Deerbrook Homeowners Association.
20. Severability. Whenever possible each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if any provision of this Declaration or the application hereof to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable.
21. Captions. The captions of each section hereof as to the contents of each section are inserted only for convenience and are in no way to be construed as defining, limiting, or otherwise modifying or adding to the particular sections to which they refer.
22.Implementation.
a) Zoning regulations applicable to property subject to this Declaration shall be observed. This document is inclusive of any and all Gwinnett County Property ordinances. In the event of any conflict between any provision of such zoning restrictions and the restrictions of this Declaration, the more restrictive provisions shall apply.
b) The above provisions notwithstanding, this Declaration does not impose or mandate that the Deerbrook Homeowners Association have any duty or obligation to act, or omit to act, to enforce any of the provisions in this Declaration. The failure of the association to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, provisions, or agreements herein contained shall not be construed as a waiver or a relinquishment in the future of the enforcement of any such terms, covenant, condition, provision or agreement. The acceptance of performance of anything required to be performed with knowledge of the breach of a term, covenant, condition, provision or agreement shall not be deemed a waiver of such breach, and no waiver by the Association of any term, covenant, condition, provision or agreement shall be deemed to have been made unless expressed in writing and signed by the authorized governing body of the Association.
23. Enforcement. If anyone bound to observe and comply with these Declarations shall or attempt to violate any covenant while the same is in force, it shall be lawful for any other person owning an interest in land subject to these covenants to prosecute any proceeding at law, or inequity, against such violator to prevent, or to recover damages for such attempt or violation. However, notwithstanding such individual right, any such person bound to so observe and comply with these covenants may, at any time and from time to time, delegate and assign to the Deerbrook Homeowners Association, in whole or in part, his/her rights under these covenants; and, if so assigned, is bound by the actions of said association. Any expenses incurred by the Deerbrook Homeowners Association Inc., legal or otherwise, with regards to enforcement of these protective covenants shall be a charge to cost as a lien against the property which shall be enforceable by any means available at law or equity, including foreclosures of the lien against the lot to which it relates.
In witness whereof, the undersigned being the owners of the property described herein and enumerated by their signatures below, have hereunto set their hands and seals the day and year first set out above.
Signed, Sealed and Delivered in the
Presence of:
_________________________________ Witness
_________________________________Date
_________________________________ Notary Public
_________________________________Date
__________________________
Deerbrook Homeowners Assoc. Inc.
(President)
_________________________Date
_________________________Witness
_________________________Date
________________________________
Deerbrook Homeowners Assoc. Inc. (Secretary)
_________________________Date
_________________________Witness
_________________________Date
*To receive a signed copy please contact DHOA secretary at
mail@deerbrookhoa.org This electronic copy has been provided for your convenience only.