This document, written and/or updated on April 1, 2009 is to be used for reference only. This is an unofficial
document which compiles the following Declaration and Amendments into one document:
Initial Declaration Filing – 1/28/2003

• Amendment Filed 4/24/2003
• Amendment Filed 5/22/2003
• Amendment Filed 11/10/2006
• Amendment Filed 2/23/2009

Amendments to the original Declaration are designated as follows: sections or subsections that have been
deleted are crossed through, and sections or subsections that have been added are bolded. The amendment
that provides for each of the changes is noted in italics prior to the section or subsections that have been
changed.

For copies of the official Declarations and Amendments, please contact the Addie's Pond HOA Secretary.

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR ADDIE'S POND SUBDIVISION

THIS DECLARATION, made this 18th day of December, 2002, by Princeton Way, LLC and 1107, LLC
(hereinafter collectively referred to as “Developer”).

W I T N E S S E T H

WHEREAS, Developer is the owner of the subdivisions known as Addie's Pond Subdivision, said
subdivision being a subdivision of all those certain lots, tracts, or parcels of land situated, lying and being Land
Lots 199, 200, 201 of the 19th District, 2nd Section, Cobb County, Georgia, and being more fully delineated by a
plat prepared by Gaskins Surveying & Engineering Company, John C. Gaskins, Georgia Registered Land
Surveyor 2060, last revision dated October 4, 2002 and recorded in Plat Book 208, Page 86, Records of Cobb
County, Georgia; and

WHEREAS, Developer desires to provide for the preservation and enhancement of the property values
in Addie's Pond Subdivision, and for the maintenance of property and improvements thereon, and to this end
desires to subject the property to the covenants, conditions, restrictions, easements, charges and liens
hereinafter set forth, each and all of which are for the benefit of the Property; and

WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values in Addie's
Pond Subdivision, to create an agency to which should be delegated and assigned the powers of owning,
maintaining and administering the common area and improvements thereon an administering and enforcing the
covenants and restriction and collection and disbursing the assessments and charges hereinafter created; and

WHEREAS, Developer will cause to be incorporated under the laws of the State of Georgia the Addie's
Pond HOA, Inc., a non-profit corporation, for the purpose of exercising the aforesaid functions.

NOW, THEREFORE, Developer declares that the real property described above is and shall be held,
transfered, sold, mortgaged, conveyed, leased, occupied, and used subject to the covenants, conditions,
restrictions, easements, charges, and liens hereinafter set forth.

 

ARTICLE I
DEFINITIONS

Section 1. “Architectural Control Committee” shall mean and refer to Developer, or such other entity of
individual as Developer may appoint, until all lots in Addies's Pond Subdivision have been fully developed and
permanent improvements constructed thereon and sold to permanent residents or until such time as Developer
records a written transfer of the powers of the Architectural Control Committee to another entity or to the
Association, at which time the powers of the Architectural Control Committee shall be transferred to the entity of
the Association as directed by Developer.

Section 2. “Association” shall mean and refer to Addies's Pond HOA, Inc., its successors and assigns.

Section 3. “Board” shall mean and refer to the Board of Directors of the Association.

Section 4. “Common Area” shall mean all real and personal property now or hereafter owned by the
Association for the common use and enjoyment of the Owners, and any recreation area, entrance area, or open
area owned by Developer, which Developer sets aside for the use and enjoyments of the Owners, whether such
use and enjoyment is the recreational or aesthetic, temporary or permanent.

Section 5. “Common Expenses” shall mean and refer to the actual and estimated expenses of operating
the Association, including any reasonable reserve, all as may be found to be necessary and appropriate by the
Board pursuant to the Declaration and the By-laws and Articles of Incorporation of the Association.

Section 6. “Declaration” shall mean the covenants, conditions, restrictions, and easements and all other
provisions herein set forth in this entire document, as may from time to time be amended.

Section 7. “Developer” shall mean and refer to Princeton Way, LLC and 1107, LLC or any successor in
title or any successor in interest to said limited liability companies, to all of the Property then owned by them or, if
it is provided in a written instrument that the successor in title or successor in interest to a portion of the Property
is to assume the rights and obligations of Developer, then to any such successor in title or any such successor in
interest to any portion of the Property then subject to this Declaration.

Section 8. “Lot” shall mean and refer to residential lots, as well as any future lots subject to the within
covenants, conditions, restrictions, and easements by the Developer in Addie's Pond Subdivision or any
expansion thereof by Developer.

Section 9. “Owner” shall mean and refer to the record owner, whether one or more persons, of the fee
simple title to any lot which is part of the Property, but excluding those having such interest merely as security for
the performance of an obligation, and further excluding the builder of any Structure on any Lot who holds such
title solely for resale upon the completion of such Structure.

Section 10. “Person” shall mean and refer to a natural person, corporation, partnership, association,
trust, or other legal entity, or any combination thereof.
Section 11. “Property” shall mean and refer to that certain real property described on the plat
hereinabove referenced.

Section 12. “Structure” shall mean and refer to:

(a) any thing or object the placement of which upon any Lot may affect the appearance of such Lot,
including by way of illustration, any building or part thereof, garage, porch, gazebo, shed, greenhouse, or
bathhouse, coop or cage, covered or uncovered patio, swimming pool, tennis court, fence, curbing,
paving, wall, tree, shrub, sign, signboard, mailbox, driveway, temporary or permanent living quarters
(including any house trailer) or any other temporary or permanent improvement to such Lot;

(b) any excavation, grading, fill ditch, diversion dam, or other thing, object or device which affects or
alters the natural flow of surface waters from, upon or across any Lot, or which affects or alters the flow
of any waters in any natural or artificial creek, stream, wash or drainage channel from, upon or across
any Lot; and

(c) any change in grade at any point on a Lot of more than six (6) inches, whether or not subsection (b)
of this Section 12 applies to such change.

ARTICLE II
ARCHITECTURAL CONTROL COMMITTEE

Section 1. Purpose, Powers and Duties of the Architectural Control Committee.

(a) The purpose of the Architectural Control Committee is to assure that the installation, construction, or
alteration of any Structure on any Lot is in accordance with the standards determined by the Architectural
Control Committee. To the extent necessary to carry out such purpose, the Architectural Control
Committee shall have all of the powers and duties to do each and every thing necessary, suitable,
convenient or proper for, or in connection with or incidental to, the accomplishment of such purpose,
including, without being limited to, the power and duty to approve or disapprove plans and specifications
for any installation, construction or alteration of any Structure on any Lot. The Architectural Control
Committee shall have the authority to institute fees for the costs associated with approving plans and
specifications.

(b) To preserve the architectural appearance of the neighborhood, no construction or placement of
improvements of any nature whatsoever shall be commenced or maintained by any owner, his family,
tenants, visitors, guests, servants, and agents with respect to the exterior of any house or with respect to
any other portion of any lot or other parcel of land, including without limitation, the construction or
installation of sidewalks, driveways, decks, patios, swimming pools, tennis courts, greenhouses,
playhouses, garages, guests or servants' quarters, or other outbuildings, nor shall any exterior addition
to or change or alteration therein be made, unless and until the plans and specifications showing the
nature, color, type, shape, height, materials, and location of the same shall have been submitted to and
approved in writing as to the harmony of external design, location, and appearance in relation to
surrounding structures and topography by the Architectural Control Committee. The Architectural
Control Committee shall have the sole discretion to determine whether the plans and specifications
submitted for approval are acceptable and in compliance with the total scheme of the neighborhood. If
same are not approved or disapproved within thirty (30) days from the date submitted, then same shall
be approved by default.

(c) The Architectural Control Committee shall have the right to promulgate design standards setting forth
more specific requirements than are set forth in this Declaration; provided, however, that the
promulgation of design standards, or lack thereof, shall in no way waive the discretion of the
Architectural Control Committee to approve or deny all plans and specifications.

********* From Amendment dated 4/22/2003 *********
(d) At no time shall any Builder of residences on Lots in Addie's Pond be subject to the
Architectural Control Committee.

 

ARTICLE III
MEMBERSHIP AND VOTING RIGHTS

Section 1. Membership. Every Owner of a Lot which is subject to this Declaration shall be a mandatory
member of the Association. The forgoing is not intended to include persons or entities who hold an interest
merely as security for the performance of an obligation, and further is not intended to include the builder of any
Structure on any Lot who holds title to such Lot solely for resale upon completion of the Structure (hereinafter
referred to as a “Builder”). Membership shall be appurtenant to and may not be separated from ownership of
any Lot which is subject to this Declaration and shall pass automatically to an Owner's successor-in-title to the
Lot.

Section 2. Voting Rights. The association shall have two classes of voting membership:

Class A: Initially, the Class A members shall be all Owners, with the exception of the Developer,
and shall be entitled to one vote for each Lot owned. When more than one Person holds an interest in
any Lot, all such Persons shall be members. 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 Lot. If
multiple owners of a lot cannot unanimously decide how to cast their vote, then no vote may be cast
regarding the ownership by that particular Lot.

Class B: The Class B member shall be the Developer and shall be entitled to three (3) votes for
each Lot owned. The Class B membership shall cease and be converted to Class A membership on the
happening of any of the following events:

(a) The date on which seventy five percent (75%) of the Lots located on the Property and any Additional
Property which has been added to this Declaration by Developer have been sold to individuals who
reside in dwellings located on said Lots. In the event the Class B membership has ceased pursuant to
this provision, and the Developer adds Additional Property which caused the number of Lots sold to
individuals who reside in dwellings located on said Lots to be less than seventy five percent (75%) of the
Lots located on the Property, and any additional Property which has been added to the Declaration, then
the Class B membership shall be revived, and the Class B member shall again have three (3) votes for
each Lot owned.

(b) Ten (10) years from the date of this Declaration; or

(c) When, in its discretion, the Developer so determines.

 

ARTICLE IV
PROPERTY RIGHTS

Section 1. Member's Easement of Enjoyment. Subject to the provisions herein, every member of the
Association shall have a right and easement of use and enjoyment in and to the Common Area, which right and
easement shall by appurtenant to and shall pass with the title to every Lot, subject to the following:

(a) the right of the Association to adopt and publish rules and regulations governing the use of
the Common Area.

(b) the right of the Association to borrow money for the purpose of improving the Common Area or any
portion thereof, or constructing, repairing or improving any facilities located or to be located thereon, and
upon the assent of two-thirds (2/3) of the Class A members and the Class B member, if any, to give as
security a mortgage conveying all or any portion of the Common area. The lien and encumbrance of any
such mortgage, however, shall be subject and subordinate to all rights, interests, easements and
privileges herein reserved or established for the benefit of Developer, any Owner or the holder of any
mortgage, irrespective of when executed, given by Developer.

(c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public
agency, authority or utility, or third party, for such purposes and subject to such conditions as may be
agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed
by two-thirds (2/3) of each class of members, agreeing to such dedication or transfer, has been
recorded.

(d) the easements reserved in Article VII of this Declaration.
Section 2. Declaration of Use. Any Owner may delegate, in accordance with the By-laws, his right or use and
enjoyment in and to the Common Area and the improvements thereon to the members of his family, his tenets,
guests and invitees, subject to such regulations and fees as may be established from time to time by the Association.

Section 3. Title to Common Area. Title to the Common Area will be conveyed to the Association by the
Developer, after all lots placed for sale by the Developer have been sold or at such earlier time as the Developer
may elect, and only at such time shall the Association have the right to control said property subject to the terms
herein. The Association shall be obligated to accept title to all Property to be designated by Developer as
Common Area at such time as Developer may elect. Developer is not required, and does not intend, to convey
to the Association Common Area which has only been used as Common Area on temporary basis, as designated
by Developer. This provision is intended to allow Developer to permit uses of certain areas by the Association
without creating any obligation on Developer's part to convey said areas to the Association. Developer shall,
however, convey any area designated on the recorded plat as Recreation Area or Amenities Area at such time as
Developer no longer owns a Lot or at such earlier time as Developer may desire.

Section 4. No Partition. There shall be no judicial partition of the Property or any part thereof, nor shall any
Person acquiring any interest in the Property or any part thereof seek any such judicial partition unless the
Property has been removed from the provisions of the Declaration.

********* From Amendment dated 11/03/2006 *********

Section 5. Leasing. Lots may be leased for residential purposes only after notification has been given
to the Homeowner Association Board and all criteria below have been met. Approval to lease the
property will expire ninety (90) days after the Board has given approval. All leases shall be in writing and
shall have a minimum term of at least twelve (12) months. A copy of such lease shall be provided to the
Board prior to the lessee occupying the Lot. All leases shall require, without limitation, that the tenant
acknowledge receipt of a copy of the Declarations, By-laws, Use restrictions, and Regulations of the
Association. The lease shall also obligate the tenant to comply with the foregoing. Owner must give
notification to the Board upon inception of the lease, including names of tenants and telephone number
of the tenant and the number of tenants who will occupy the Lot. The maximum number of Lots within
Addie's Pond Subdivision that may be leased at any one time is limited to four (4).

ARTICLE V
COVENANT FOR MAINTENANCE AND
CAPITAL IMPROVEMENT ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of a Lot, by acceptance
of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay
to the Association: (1) annual assessments, and (2) special assessments for capital improvements, and (3) an
initiation fee of $200.00 at the closing of a Lot to a permanent resident, such assessments to be established and
collected as hereinafter provided. The annual and special assessments and initiation fee, together with interest
thereon and costs of collection thereof, as hereinafter provided, including reasonable attorney's fees, shall be a
charge and a continuing lien upon the Lot against which each such assessment is made. Each such
assessment, together with interest thereon and costs of collection thereof, including reasonable attorney's fees,
shall also be the personal obligation of the person who was the Owner of such Lot at the time when assessment
fell due. Their personal obligation for delinquent assessments shall not pass to his successors in title unless
expressly assumed by them.

********* From Amendment dated 5/21/2003 *********

Section 3. Computation of Annual Assessments. The initial assessment shall be in the amount of $600.00 per
year, with the Owner's first assessment to be paid upon the closing of the purchase and sale of the Owner's Lot,
or such other time thereafter as may be set by Developer. The assessment shall remain in the amount of
$600.00 per year until such time as the Developer turns control of the Association over to the Owners by the
recording of a written document evidencing the Developers intent to relinquish control of the Association, or until
such time as the Developer calls a meeting for the purpose of changing the annual assessment in the manner
set forth below, except that the assessment may be increased by not more than five percent (5%) per year, from
the previous year, by the Board, without a vote of the membership. Thereafter, it shall be the duty of the Board
at least thirty (30) days prior to the Association's first annual meeting to prepare a budget covering the estimated
Common Expenses of operating the Association for the coming year, such budget to include a capital
contribution or reserve account in accordance with the capital needs of the Association.
At such time as the assessment is to be changed from the initial assessment amount, the budget and the
proposed annual assessments to be levied against each Lot shall be delivered to each Owner not later than ten
(10) days prior to such annual meeting. The annual assessments shall be equally divided among the Lots. The
budget and the annual assessments shall become effective unless disapproved at the annual meeting by either
(i) Developer, so long as there is a Class B member, or (ii) a vote of the a majority of the Owners voting in person
or by proxy at such a meeting, a quorum (as set forth in the By-laws of the Association) being present. In the
event the proposed budget is not approved or the Board fails for any reason to determine the budget for the
succeeding year, then until a budget has been determined as provided herein, the budget and annual
assessments in effect for the then current year shall continue for the succeeding year. If any budget at any time
proves inadequate for any reason, the Board may call a meeting of the Association for the approval of a special
assessment.

Section 3. Computation of Annual Assessments. The initial assessment shall be in the amount
of $800.00 per year, with the Owner's first assessment to be paid upon the closing of the purchase and
sale of the Owner's Lot, or such other time thereafter as may be set by Developer. The assessment shall
remain in the amount of $800.00 per year until such time as the Developer turns control of the
Association over to the Owners by the recording of a written document evidencing the Developers intent
to relinquish control of the Association, or until such time as the Developer calls a meeting for the
purpose of changing the annual assessment in the manner set forth below, except that the assessment
may be increased by not more than five percent (5%) per year, from the previous year, by the Board,
without a vote of the membership. Thereafter, it shall be the duty of the Board at least thirty (30) days
prior to the Association's first annual meeting to prepare a budget covering the estimated Common
Expenses of operating the Association for the coming year, such budget to include a capital contribution
or reserve account in accordance with the capital needs of the Association.
At such time as the assessment is to be changed from the initial assessment amount, the budget and
the proposed annual assessments to be levied against each Lot shall be delivered to each Owner not
later than ten (10) days prior to such annual meeting. The annual assessments shall be equally divided
among the Lots. The budget and the annual assessments shall become effective unless disapproved at
the annual meeting by either (i) Developer, so long as there is a Class B member, or (ii) a vote of the a
majority of the Owners voting in person or by proxy at such a meeting, a quorum (as set forth in the Bylaws
of the Association) being present. In the event the proposed budget is not approved or the Board
fails for any reason to determine the budget for the succeeding year, then until a budget has been
determined as provided herein, the budget and annual assessments in effect for the then current year
shall continue for the succeeding year. If any budget at any time proves inadequate for any reason, the
Board may call a meeting of the Association for the approval of a special assessment.

Section 4. Special Assessments. In addition to the annual assessments authorized above, the Association may
levy, in any assessment year, special assessments for Common Expenses, applicable to that year only, provided
that any such assessment shall have the assent of a majority of the votes of the members of each class voting in
person or by proxy at a meeting duly called for such purpose, and so long as such assessment applies to the
appropriate category therefor.

Section 5. Notice for any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the
purpose of taking any action authorized under Section 3 and 4 above shall be sent to all members not less than
ten (10) days nor more than thirty (30) days in advance of the meeting.

Section 6. Rate of Assessment. Annual and special assessments must be fixed at a uniform rate for all Lots of
Owners.

Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments to be paid
by Owners provided for herein shall commence as to each Lot on the date of closing of said Lot. Anything
contained herein to the contrary notwithstanding, Developer, on behalf of itself and its successors and assigns,
covenants and agrees to pay the annual assessment for each Lot owned by the Developer which contains an
occupied residence; provided, however, Developer shall not be responsible for assessments on Lots not
containing an occupied residence. Developer shall, however, fund any deficit which may exist between
assessments and the actual expenses for as long as there is a Class B member, however, such that Developer
shall have the right to make advances to fund such deficit or make loans to the Association to fund such deficit
and Developer shall have the right to be repaid from dues or assessments received by the Association as funds
become available in later years. Every Owner, by acceptance of a deed to a Lot, acknowledges that Developer's
obligation to fund deficits is conditioned upon Developer's right to recoup such funds at such time as the
assessments received exceed the actual operating expenses of the Association. Developer shall, however,
establish a capital reserve of not less that two percent (2%) of the assessments received, which shall be used
only for capital improvements or turned over to the Homeowners Association at such time as Developer
relinquishes control of the Association. The due dates shall be established by the Developer until there is no
longer a Class B member and then by the Board. The Association shall, upon demand, and for a reasonable
charge, not to exceed Ten Dollars ($10.00), furnish a certificate signed by an officer to the Association setting
forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the
Association as the status of assessments on a specified Lot is binding upon the Association as of the date of its
issuance. If the Association fails to respond to any such request within ten (10) days after receipt of such
request, any lien then outstanding shall be deemed to have been extinguished. All such requests shall be sent
to the Association in the same manner as provided for notices in Section 6 hereof.

Section 8. Effect of Nonpayment of Assessments: Remedies Of the Association. Any assessments which are
not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date,
the assessment shall bear interest from the date of delinquency at the maximum legal rate per annum. In such
case, the Association may accelerate, at its option, the entire unpaid balance of the assessment and may bring
an action at law against such Owner's Lot, and interest, costs, and reasonable attorney's fees of any such action
shall be added to the amount of such assessment. Each such Owner, by his acceptance of a deed to a Lot,
hereby expressly vests in the Association, or its agents, the right and power to bring all actions against such
Owner personally for the collection of such charges as a debt and to enforce the aforesaid lien by all methods
available for the enforcement of liens against real property. The lien provided for in this Section shall be in favor
of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the
Owners, shall have the power to purchase any lot at any sale and convey the same for the purpose of protecting
its lien. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of
the Common Area, abandonment of his Lot, or by renunciation of membership in the Association. An Owner may
give to the Association, nevertheless, subject to acceptance thereof by the Association, a deed in lieu of action
on lien.

Section 9. Subordination of Lien to First Mortgages. The lien of the assessments provided for herein shall be
subordinate to the lien of any first mortgage, first purchase money security deed or security deed representing a
first lien on said property. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or
transfer of any Lot pursuant to foreclosure or any proceeding in lieu thereof shall extinguish the lien of such
assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve
such Lot from liability for any assessments thereafter becoming due or from the lien itself.

Section 10. Exempt Property. The following property subject to this Declaration shall be exempted from the
assessments, charges, and liens created herein: (a) all properties to the extent of any easement or other
interest therein dedicated and accepted by the local public authority and devoted to public use; (b) all Common
Area; and (c) all properties exempted from taxation by state or local governments upon the terms and to the
extent of such legal exemption. Notwithstanding any provision herein, no land or improvements devoted to
dwelling use shall be exempt from said assessments, charges, or liens except as set forth herein.
Section 11. Effect of Delinquency on Class A Members. Notwithstanding all of the foregoing rights of the
Association, the Association shall have the further right to prohibit a delinquent Class A member, such
delinquency being as herein defined, from using in any manner the swimming pool, tennis courts and related
facilities.

Section 12. Fines. The Homeowner Association Board my impose fines or other sanctions for violations
of this Declaration. Said fines shall be collected as provided herein for the collection of assessments.

Article VI
MAINTENANCE

Section 1. Association's Responsibilities. The Association shall maintain and keep in good repair the Common
Property. This maintenance shall include, without limitation, maintenance, repair and replacement, subject to
any insurance then in effect, of all landscaping and improvements situated on the Common Property. The
Association shall also maintain (a) all entry features for Addie's Pond Subdivision, including the landscaping
associated therewith (whether or not such landscaping is on a Lot or public right-of-way), and any irrigation
system and the expenses for water and electricity, if any, provided to all such entry features, and (b) all property
outside of Lots located within Addie's Pond Subdivision which was originally maintained by Declarant and (c) the
farmer's pond located on the Property.

In addition, the Association shall have the right, but not the obligation to, maintain other property not
owned by the Association where the Board has determined that such maintenance would benefit all Owners.

In the event that the Association determines that the need for maintenance, repair, or replacement which
is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or
the family, guests, lessees, or invitees of any Owner, and is not covered and paid for by insurance, in whole or in
part, then the Association may perform such maintenance, repair or replacement at such Owner's sole cost and
expense, and all costs thereof shall be added to and become part of the assessment to which such Owner is
subject and shall become a lien against the Lot of such Owner.

Section 2. Owner's Responsibilities. Except as provided in Section 1. above, all maintenance of the Lot
and all Structures, parking areas, landscaping, and other improvements thereon shall be the sole responsibility
of the Owner thereof, who shall maintain such Lot in a manner consistent with the Community Wide Standard
and this Declaration. The Community Wide Standard as used in this paragraph shall mean and refer to the
standard of conduct, maintenance or other activity generally prevailing in Addie's Pond Subdivision. Such
standard may be more specifically determined by the Board of Directors of the Association but must be
consistent with Community Wide Standard originally established by the Declarant. In the event that the Board of
Directors of the Association determines that any Owner has failed or refused to discharge properly any of such
Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is
responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of
the Association's intent to provide such necessary maintenance, repair or replacement at the Owner's sole cost
and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement
deemed necessary. The Owner shall have ten (10) days after receipt of such notice within which to complete
such maintenance, repair, or replacement, or, in the event that such maintenance, repair or replacement is not
capable of completion within a ten (10) day period, to commence such work which shall be completed in a
reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any
such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added
to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot.
The remedies provided in the Section shall be in addition to, and not in lieu of, other remedies provided in this
Declaration for a violation of the Declaration.

ARTICLE VII
EASEMENTS

Section 1. Utility Easements. There is hereby created in favor of the Association as easement upon,
across, over, through and under all of the Common Area for ingress, egress, installation, replacement, repair and
maintenance of all utility and service lines and systems, including but not limited to water, sewers, gas,
telephones, electricity, television cable, or communication lines and systems. An easement is further granted to
the Association, its officers, agents, employees, and any management company retained by the Association, to
enter in or to cross over the Common Area and the Lots, to inspect and to perform the duties of maintenance
and repair of the Common Area and the Lots, as provided herein. Notwithstanding anything to the contrary
contained in this Section, no sewers, electrical lines, water lines, or other utilities may be installed or relocated
on the Property except as initially programmed and approved by the Developer or thereafter approved by the
Developer or the Board. Should any utility furnishing a service covered by the general easement herein
provided request a specific easement by a separate recordable document, Developer or the Association shall
have the right to grant such easement on the Common Area without conflicting with the terms hereof.

********* From Amendment dated 11/03/2006 *********

Section 2. Easement for Developer. Developer hereby reserves for itself, its successors and assigns,
the following easements and rights-of-way in, on, over, under and through any part of the Property owned by
Developer and the Common Area for so long as Developer owns any Lot primarily for the purpose of sale:

(a) For the erection, installation, construction and maintenance of wires, lines, and conduits, and
necessary to proper attachments in connection with the transmission of electricity, gas, water, telephone,
community antennae, television cables and other utilities;

(b) For the construction of improvements on the Lots;

(c) For the installation, construction, and maintenance of storm-water drains, public and private sewers,
and for any other public or quasi-public utility facility;

(d) For the use of the Common Area and any sales office, model units and parking spaces in connection
with its efforts to market Lots;

(e) For the maintenance of such other facilities and equipment as in the sole discretion of Developer may
be reasonably required, convenient or incidental to the completion, improvement and sale of Lots.

Section 3. 2. Easements for Association. There shall be a general right and easement for the benefit of the
Association, its directors, officers, agents and employees, including any management company retained by the
Association, to enter upon the Common Area and the Lots to perform their respective duties.

ARTICLE VIII
GENERAL COVENANTS AND RESTRICTIONS

The following covenants and restrictions shall apply to all Lots and to all Structures erected or placed thereon:

Section 1. Residential Use. All Lots shall be restricted exclusively to single-family residential use. The use of a
portion of a dwelling as an office by an Owner shall not be considered to be a violation of this covenant if such
use does not create regular customer, client or employee traffic. The use of a dwelling or a portion thereof for
business meetings, entertainment, or the enjoyment or business of the Owner's employees, trustees, agents,
clients, or customers shall not be considered to be a violation of this covenant if such use does not create regular
customer, client or employee traffic.
Nothing herein shall be construed to prohibit or prevent Declarant or any Builder of residences on the Property
from using any Lot owned by Declarant or such Builder for such facilities and activities as may reasonably be
required by the Declarant and such Builder in development, construction and sales activities related to the
Property and Additional Property. Declarant shall have the right to use any building located on the Common
Area for sales offices or other sales purposes and for a construction office so long as Declarant owns any portion
of the Property or Additional Property.

Section 2. Common Area. The Common Area shall be used by the Owners and their agents, servants, tenants,
family members, invitees and licensees for such other purposes as may be authorized by the Association.
Notwithstanding the foregoing, or any other provision contained herein to the contrary, Developer shall have the
right to use of any building located on the common area as a sales office for real estate sales, for Developer, its
agents or assigns. Any real estate broker maintaining its office in such building shall be responsible for seventy
five percent (75%) of the costs of utilities for said building during the time in which it is occupied as a sales office.

********* From Amendment dated 11/03/2006 *********

Section 3. Debris. No rubbish or debris of any kind shall be dumped, placed or permitted to accumulate upon
any portion of an Owner's Lot so as to render the same unsanitary, unsightly or offensive. No nuisance shall be
permitted to exist upon any portion of the Property.

Section 3. Debris. No rubbish or debris of any kind shall be dumped, placed or permitted to accumulate
upon any portion of an Owner's Lot so as to render the same unsanitary, unsightly or offensive.
Woodpiles shall be located or screened so as to be concealed from view of neighboring streets and
property. All rubbish, trash, garbage and debris shall be regularly removed and shall not be allowed to
accumulate. Debris or waste matter of any kind generated on the Lot of an Owner or on the Common
Property may not be burned, buried or disposed of on the Common Property. No commercial,
construction or roll-off dumpster shall be allowed to remain on any portion of the Property for more than
ten (10) consecutive days. Exceptions may be approved only by the Architectural Control Committee.

********* From Amendment dated 11/03/2006 *********

Section 4. Erosion Control. No activity which may create erosion or siltation problems shall be undertaken on
any Lot except for the initial construction of residences and development of the Property unless the same is
approved by the Architectural Control Committee.

Section 4. Erosion Control. No activity which may create erosion or siltation problems shall be
undertaken on any Lot. To the extent that any Owner undertakes any land disturbing activity, building,
construction or other improvements and/or alterations to the Owner's Lot or improvements located
thereon, said Owner shall be solely responsible for any and all damages or problems relating to erosion
and siltation caused by any such activity.

********* From Amendment dated 11/03/2006 *********

Section 5. Signs.

(a) No signs whatsoever shall be installed, altered, or maintained on any Lot, or on any portion of a
Structure visible from the exterior thereof, except:

(i) such signs as may be required by legal proceedings;

(ii) not more than one “For Sale” or “For Rent” sign, which is subject to the approval of the
Architectural Control Committee, provided, however, that in no event shall any such sign be
larger than six (6) square feet in area; and

(iii) directional signs for vehicular or pedestrian safety;

(iv) entry signs used to identify subdivision, marketing signs used to advertise subdivision by
Developer and in conjunction therewith brochure holders.

(b) Following the consummation of the sale of any Lot, the sign located thereon shall be
removed immediately.

Section 5. Signs. No signs whatsoever shall be installed, altered, or maintained on any Lot, or
on any portion of a Structure visible from the exterior thereof, except:

(i) such signs as may be required by legal proceedings;

(ii) not more than one “For Sale” or “For Rent” sign, which is subject to the approval of
the Architectural Control Committee, provided, however, that in no event shall any such
sign be larger than six (6) square feet in area; however, nothing in this subsection shall
preclude a homeowner from including a brochure or information holder and an
associated small sign (such as radio information about the home) in addition to the main
“For Sale” sign, provided that each additional sign or brochure holder is limited to a size
not to exceed two (2) square feet;

(iii) security signs no larger than twelve (12) inches by twelve (12) inches;

(iv) contractor advertisement signs may be placed on a Lot for a maximum of seven days
following the completion of the particular construction project, provided that the
particular construction project was approved in writing by the Architectural Control
Committee;

(v) private event signage provided that the signage is placed on the Lot no more than
forty-eight (48) hours prior to the particular event and is removed within twenty-four (24)
hours after completion of the particular event.

Section 6. Fences. No chain link or cyclone fences may be placed on the property except that
Developer may, but is not required to do so, place such fences on the Common Area or on the perimeters of the
Property should Developer deem it necessary. All fences must be approved by the Architectural Control
Committee.

Section 7. Recreational Vehicles, Trailers, etc. Recreational vehicles, trailers, campers, trucks (except
pickups and vans), travel buses or any such equipment are not permitted on any Lot for a period of time in
excess of forty-eight (48) hours. No inoperative vehicle shall be parked on any Lot for any period of time in
excess of fourteen (14) days. No owners or occupants of any lot or parcel of land shall repair or restore any
vehicle of any kind upon any lot or upon any parcel of land, except for emergency repairs, and then only to the
extent necessary to enable the movement thereon to a proper repair facility.

Section 8. Recreational Equipment. No recreational and playground equipment shall be placed or
installed on any Lot without the approval of the Architectural Control Committee as to design and location.
Basketball goals shall be subject to the approval of the Architectural Control Committee as to location and colors
of the board and post.

********* From Amendment dated 11/03/2006 *********

Section 9. Accessory Structures. A detached accessory structure may be placed on a Lot to be used for
a playhouse, a swimming pool, tennis court, a tool shed, a mailbox, a dog house or a garage; a garage may also
be an attached accessory structure. Such accessory structures shall not exceed twenty (20) feet in height and
shall conform in exterior design and quality to the dwelling on the same Lot. With the exception of a garage that
is attached to a dwelling, an accessory structure placed on a Lot shall be located only behind the dwelling as
such dwelling fronts on the street abutting such Lot. Such accessory structures shall also be located with such
side and rear setback lines as may be required hereby or by applicable zoning law. However, there shall be no
lighting for tennis courts or any other outside lighting except as may be approved by the Architectural Control
Committee. Any such accessory structure must be approved, in advance, in writing by the Architectural Control
Committee.

Section 9. Accessory Structures. A detached accessory structure may be placed on a Lot to be
used for a playhouse, a play set, a swimming pool, a hot tub, a tool shed (restricted to size of 12x12x12)
or a dog house. Such accessory structures shall not exceed twenty (20) feet in height and shall conform
in exterior design and quality to the dwelling on the same Lot. With the exception of a garage that is
attached to a dwelling, an accessory structure placed on a Lot shall be located only behind the dwelling
as such dwelling fronts on the street abutting such Lot. Such accessory structures shall also be located
with such side and rear setback lines as may be required hereby or by applicable zoning law. However,
there shall be no lighting (e.g. for tennis courts, basketball courts, etc.) or any other outside lighting
except as may be approved by the Architectural Control Committee. When constructing a swimming
pool, the swimming pool must be enclosed by a fence which complies with all federal, state and local
laws. All recreational and playground equipment should be placed in the rear of the house to minimize
view from the street. Size, location, construction materials and color must be approved in advance by
the Architectural Control Committee for ALL accessory structures. Trampolines must also meet
Architectural Control Committee requirements regarding location, size, materials, etc. and must be
approved in advance by the Architectural Control Committee. Above ground pools except for small
kiddy wading pools will NOT be permitted on any Lot.

Section 10. Improvement of Lots. All construction of dwellings, accessory structures and all other
improvements on the Property shall be undertaken and completed in accordance with the following conditions:

(a) The enclosed heated living area (exclusive of garages, carports, porches, terraces, bulk-storage and
basement) of all dwellings shall contain not less that twenty four hundred (2,400) square feet.

(b) All construction shall be carried out in compliance with the laws, code, rules, regulations and orders
of all applicable governmental agencies and authorities.

(c) Concrete block or cinder block shall not be used as a building material for the exposed exterior
surface of any dwelling or accessory structure constructed or placed on any Lot.

(d) Only one mailbox shall be located on any Lot, which mailbox shall be of the original design and color
approved by the Architectural Control Committee.

(e) No lumber, bricks, stones, cinder blocks, scaffolding, mechanical devices, or any other materials or
devices used for building purposes shall be stored on any Lot except for purposes of construction of a
dwelling or accessory structure on such Lot nor shall any such building materials or devices be stored on
any Lot for longer than the length of time reasonably necessary for the construction in which such
materials or devices are to be used.

(f) No exposed above-ground tanks for storage of fuel or water or any other substance shall be located
on any Lot other than apparatus relating to solar energy, the location and design of which must first be
approved by the Architectural Control Committee.

(g) Adequate off-street parking shall be provided for each Lot.

(h) All garages must have doors, and each garage door must be coordinated in design and color with
the dwelling to which it is appurtenant.

(i) Any construction on a Lot shall be at the risk of the Owner of such Lot and the Owner of such Lot
shall be responsible for any damage to any curbing or street resulting from construction on such Lot;
repairs of such damage must be made within thirty (30) days after completion of such construction.

********* From Amendment dated 11/03/2006 *********

Section 11. Animals. No animals, including birds, insects and reptiles, may be kept on any Lot unless
kept thereon solely as household pets and not for commercial purposes. No animal shall be allowed to become
a nuisance.

Section 11. Animals. No animals, livestock, or poultry of any kind may be raised, bred, kept or
permitted on any Lot, with the exception of dogs, cats or other usual and common household pets and
in accordance with all state and county laws, codes and ordinances. No pets shall be kept, bred or
maintained for any commercial purpose. All household pets shall be kept on a leash when outside of an
Owner's residence (as per Cobb County Leash Law). No pet which has caused damage or injury to
person or property shall be walked in the community, whether on a leash or otherwise. All waste of
animals must be cleaned up by Owner when walking. All pets shall be registered, licensed, and
vaccinated as required by law. Per Cobb County Ordinances, no animal shall become a nuisance (as
defined by Cobb County Animal Control).

Section 12. Accessory Structures Installed by Developer. Entry signs, fences, walls and landscaping
installed by Developer on the Property shall be and are hereby dedicated to the use and benefit of all Owners,
and shall not be removed or altered without a two-third (2/3) vote of the Association Class A members.

********* From Amendment dated 11/03/2006 *********

Section 13. Miscellaneous Fixtures. To provide a neat, attractive and harmonious appearance
throughout the neighborhood, no awnings, shades or window boxes shall be attached to, or hung or used on the
exterior of, any window or door of any house; and no railings, fences, or walls shall be installed or constructed
upon any lot or parcel of land without the prior written consent of the Architectural Control Committee. Further,
no foil or other reflective material shall be used on any windows or sunscreens, blinds, shades or for any other
purpose, nor shall any window mounted heating, air-conditioning or fan units be permitted. Outside clothes lines
or other outside facilities for drying or airing clothes are specifically prohibited and shall not be erected, placed,
or maintained upon any lot or parcel of land, nor shall any clothing, rugs or other items be hung on any railing,
fence, hedge or wall.

Section 13. Miscellaneous Fixtures. To provide a neat, attractive and harmonious appearance
throughout the neighborhood, no awnings, shades, window boxes or security bars shall be attached to,
or hung or used on the exterior of, any window or door of any house; and no railings, fences, or walls
shall be installed or constructed upon any lot or parcel of land without the prior written consent of the
Architectural Control Committee. Further, no foil or other reflective material shall be used on any
windows or sunscreens, blinds, shades or for any other purpose, nor shall any window mounted
heating, air-conditioning or fan units be permitted. Outside clothes lines or other outside facilities for
drying or airing clothes are specifically prohibited and shall not be erected, placed, or maintained upon
any lot or parcel of land, nor shall any clothing, rugs or other items be hung on any railing, fence, hedge
or wall.

Section 14. Antennae. No television antenna, radio receiver, satellite dish or other similar device shall
be attached to or installed on any portion of the Property, unless said antenna, radio receiver, satellite dish or
other device is one meter or less in diameter and is installed at the rear of the residence, nor shall radio or
television signals, nor any other form of electromagnetic radiation, television or radio signals within the
Subdivision; provided, however, that the Association shall not be prohibited from installing equipment necessary
for master antenna, security, cable television, mobile radio or other similar systems within the Subdivision, and
should cable television services be unavailable and adequate television reception not be otherwise available,
then an Owner may make written application to the Architectural Control Committee for permission to install a
television antenna. The location of the placement of a satellite dish that is one meter or less in diameter shall be
subject to the approval, in writing, of the Architectural Control Committee except that said committee must allow
a placement at a location on an Owner's Lot where reception can reasonably be obtained.

********* From Amendment dated 11/03/2006 *********

Section 15. Sight Distance at Intersections. All property located at street intersections shall be
landscaped so as to permit safe sight across the street corners. No fence, wall, hedge, tree or shrub
planting shall be placed or permitted to remain where it would create a traffic or sign problem. The
Association has the right to trim and/or alter any item on any property located at street intersections
which, in the sole discretion of the Board, fails to permit safe sight across the street corners or creates a
traffic or sight problem and the Association may trim/alter any such items without it being deemed a
trespass.

********* From Amendment dated 11/03/2006 *********

Section 16. Guns. The use of firearms on the Property, other than the use of same by an Owner
on said Owner's Lot, is prohibited. The term “firearms” includes rifles, pistols, “BB” guns, pellet guns,
paintball guns, bow and arrows, and small firearms of all types.

********* From Amendment dated 11/03/2006 *********

Section 17. Pond. The pond located on the Property (the “Pond”) shall be used for surface water
drainage and recreational purposes during daylight hours, excluding the use of motor boats (except
when needed for maintenance by the Association). No persons are permitted in or on the water of the
Pond and no type or form of water sport or activity is permitted, including, but not limited to, ice skating,
boating (whether or not motorized) or swimming. Fishing from the banks of the Pond is permitted by
residents of Addie's Pond Subdivision and their guests only provided that such fishing is conducted in
compliance with all state, county and local laws, rules, regulations, statutes and ordinances. The
general public (defined as persons who are not Owners of Lots in the Addie's Pond Subdivision) is
prohibited from any use of the Pond.

********* From Amendment dated 11/03/2006 *********

Section 18. Off-Road Vehicles. No motorized vehicles shall be permitted on any pathways or
unpaved Common Property within the Addie's Pond Subdivision except for public safety vehicles
authorized by the HOA Board.

********* From Amendment dated 11/03/2006 *********

Section 19. Holiday Decorations. Holiday decorations shall be removed within two (2) weeks
after the end of the particular holiday in question.

ARTICLE IX
GENERAL PROVISIONS

Section 1. Enforcement.

(a) The Association, the Architectural Control Committee, the Developer or any Owner shall have the
right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations,
easements, liens, and charges now or hereafter imposed by the provisions in this Declaration. Failure
by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter.

(b) The Architectural Control Committee shall have the right of abatement in all cases where an Owner
of a Lot shall fail to take reasonable steps to remedy a violation or breach of any restriction contained in
this Declaration within twenty (20) days after the mailing of written notice of such violation or breach.
The right of abatement means the right of the Architectural Control Committee, through its agents and
employees, to enter at all reasonable times upon any Lot or Structure as to which violation or breach
exists, and to take such action or actions specified in the notice to the Owner to abate, extinguish,
remove or repair such violation or breach, all without being deemed to have committed a trespass or
wrongful act by reason of such entry and such actions.

Section 2. Severability. If any provision of the Declaration, or any paragraph, subparagraph, article,
section, sentence, clause, phrase, word or the application thereof in any circumstance, is held invalid, the validity
of the remainder of this Declaration and the application of any such provision, paragraph, subparagraph, article,
section, sentence, clause, phrase, or word in any other circumstance shall not be affected thereby and the
remainder of this Declaration shall be construed as if such invalid part was never included therein.

Section 3. Headings. This headings of articles and sections in this Declaration are of convenience of
reference only and shall not in any way limit or define the content of substance of such articles and sections.

Section 4. Duration. The covenants and restrictions of this Declaration shall run with and bind the land
for a period of twenty (20) years from the date this Declaration is recorded, at the end of which period such
covenants and restrictions shall be automatically extended for successive periods of ten (10) years each, unless
at least two-thirds (2/3) of the Owners at the time of the expiration of the initial period, or of any extension period,
shall sign an instrument in which said covenants and restrictions are modified in whole or in part, which
instrument is filed of record in the appropriate county.

Section 5. Rights and Obligations. Each grantee of the Developer and Owners, by the acceptance of a
deed of conveyance, accepts the same subject to all restrictions, conditions, covenants, reservations, liens and
charges, and the jurisdiction, right and powers created or reserved by this Declaration. All rights, benefits,
privileges of character hereby imposed shall be deemed and taken to be covenants running with the Land and
shall bond any person having at any time any interest or estate in the Property or any portion thereof, and shall
inure to the benefit of such grantee in like manner as though the provisions of this Declaration were recited and
stipulated at length in each and every deed of conveyance or contract for conveyance.

Section 6. Notices. Notices provided for in this Declaration shall be in writing and shall be addressed to
any Owner at his Lot or at such other address as hereinafter provided. Notices to the Association or Board shall
be in writing and shall be addressed to the Secretary-Treasurer of the Association or at such different address for
notices to him by giving written notice to the Association. Notices addressed as above shall be deemed
delivered upon mailing by United States registered or certified mail or when delivered in person.

Section 7. Amendment. This Declaration may be amended unilaterally at any time and from time to time by Developer:

(a) If such amendment is necessary to bring any provision hereof into compliance with any
applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict
therewith;

(b) If such amendment is necessary to enable any reputable title insurance company to issue
title insurance coverage with respect to the Lots subject to this Declaration,

(c) If such amendment is required to obtain the approval of this Declaration by an institutional
lender, such as a bank, savings and loan association or life insurance company, or by a governmental
lender or purchaser of mortgage loans, such as the Federal National Mortgage Association or Federal
Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage
loans on the Lots subject to this Declaration, or

(d) If such amendment is necessary to enable any governmental agency, such as the Federal
Housing Administration, Veterans Administration, or reputable private insurance company to insure
mortgage loans on the Lots subject to this Declaration.
Further, this Declaration may be amended at any time and from time to time by an agreement
signed by at least two-thirds (2/3) of the Owners of Lots; provided, however, such amendment by the
Owners shall not be effective unless also signed by Developer, if Developer is the owner of any real
property then subject to his Declaration. No amendment to the provisions of this Declaration shall alter,
modify change or rescind any right, title, interest or privileges herein granted or accorded to the holder of
any mortgage encumbering any Lot or the Common Area affected thereby unless such holder shall
consent in writing thereto. Any such amendment shall not become effective until the instrument
evidencing such change has been filed of record. Every purchaser or grantee of any interest in any real
property made subject to this Declaration, but acceptance of this deed or other conveyance therefor,
thereby agrees that this Declaration may be amended as provided in this Section.

(e) It is contemplated that Developer will add additional units to the Declaration, from time to
time. Developer does hereby reserve the right, in its sole discretion, to expand this declaration to
include other real property by Developer's submission of such real property to the rights, privileges and
obligations contained herein. Such submission shall be evidenced by an amendment filed to this
Declaration, which amendment shall require only the Declarant's signature, setting forth the real property
to which this Declaration shall apply. Upon which submission, said real property shall be subject to and
governed by this Declaration as if included herein ab initio. Each Owner, by acceptance of a deed to a
Lot, acknowledges that Additional Property containing additional Lots may be added, and that any
Owners of Lots on such property, as added, shall have all rights set forth herein, and that the addition of
such property or Lots may increase Developer's voting rights as set forth herein.