WCI Properties, Inc.

This Declaration is made by WCI PROPERTIES, INC., a Georgia Corporation, ("Declarant"), who is the owner of all of the above-described property, by virtue of Deed recorded in Deed Book 1023, Page 246, Gilmer County, Georgia records.

WHEREAS, Declarant desires to provide for the preservation of the values and amenities of said real property; and to this end, desired to subject the real property described herein to these protective covenants, restrictions, easements and conditions as set forth herein, each of which is for the benefit of said property and each property owner thereof. The restrictions herein are intended to run with the land, and to inure to the benefit of and be binding upon each interest so conveyed or reserved, and shall apply to all parties having or acquiring any right, title, interest or estate therein.

This Declaration shall be applicable to the entire tract of property referenced above, and/or any conveyances from Declarant herein, regardless of whether such conveyance document references this Declaration, and shall be effective as to all of the property herein described and/or any conveyances, as of the date of filing of record of this Declaration for a period of twenty (20) years from said date, at which time said restrictions shall be automatically extended for ten (10) years, unless by the written consent of the then owners of more than one-half (1/2) of the lots covered by these restrictions, it is agreed to change said restrictions in whole or in part.

1. The property subject to this Declaration shall be used for single family residential purposes only. No structures shall be erected, altered, or placed on any lot other than a dwelling designed to serve not more than one family, together with garages and other outbuildings incidental to residential use of the lots. No more than one single family dwelling shall be built on any lot.
2. No commercial activity of any kind shall be permitted on the premises. All construction must be completed within one year from the date of the groundbreaking unless otherwise approved in writing by the Declarant.
3. Any structure constructed on said premises shall have a solid foundation. No building shall be erected, placed or permitted to remain on any lot in said subdivision until the building plans, specifications, and plot plans showing the location of the building have been approved in writing by the Developer as to the quality of workmanship and material, harmony of exterior design with existing structures and as to the location with respect to topography and finish grade elevation. Developer shall have the sole discretion to approve or disapprove any plans, specifications, and plot plans.
4. No lot or parcel of land shall be used or maintained as a dumping ground for rubbish or trash, garbage or other waste, including, but not limited to, unregistered or junk vehicles of any sort, and household waste. No inoperative, unlicensed or junk vehicles, appliances, equipment, machinery or similar items shall be stored or abandoned on the property, unless such vehicle or equipment is completely enclosed in a garage. Said lots and parcels of land shall be kept clean and in a sanitary condition.
5. No commercial poultry, fighting rooster, goat, horse, cattle, swine or other livestock likely to become pests shall be kept on lots in said subdivision. However, owners of lots in said subdivision shall be allowed to keep household pets thereon, but at no time shall said pets be kept for commercial purposes.
6. No trailer, basement, tent, shack, mobile home, or modular home shall be placed or erected upon any lot temporarily or permanently, nor shall any structure of temporary character be used as a residence. No used or second-hand houses will be allowed.
7. If the parties hereto, or any of them, or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said subdivision, to prosecute any proceedings at law or in equity against the person or persons violating any such covenants and either to prevent him or them from so doing, or to recover damages or other dues for such violation.
8. No fences shall be permitted except those of decorative type which must first be approved by Developer.
9. No obnoxious 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.
10. If any property owner should lease, rent, or otherwise allow another person or persons to occupy his or her property, the tenant(s) shall also be bound by all provisions of this Declaration, and the owner of the property shall be held responsible for the actions of his or her tenant(s).
11. These covenants are to run with the land and shall be binding on all persons claiming under.
12. Invalidation of one or more of these covenants by judgement or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
13. All mail boxes shall be of a design chosen and approved by the Developer.
14. Garbage and trash cans are to be hidden from view.
15. All driveways shall be concrete or asphalt.
16. All lots shall be maintained as neatly as possible, and shall be kept free of all litter.
17. Each lot is subject to all drainage easements and all utility easements including electrical, water, cable and similar utilities.
18. The Developer shall have the right, but shall not be obligated to, after more than one-half (1/2) of the lots herein are sold to delegate and designate a committee of two (2) property owners to be responsible for the approval of all building, landscape and mailbox plans as herein defined and required.
19. All maintenance and provision of street lighting and the roadways for ingress and egress and any and all designated common areas shall be the responsibility of the Property Owner's Association for Wyngate, Phase I, Inc., a Domestic Nonprofit Corporation, whose Members consist of Declarant and every person or entity who is a record owner of a fee or undivided fee interest in any lot of Wyngate Subdivision, Phase I, including contract sellers and Builder-Owners. The Association shall have the following two classes of voting membership:
    • Class A: Class A Members shall be all owners, including Builder/Owners, with the exception of the Class B Member, if any. Class A Members shall be entitled on all issues to one (1) vote for each Lot in which such Owner holds the interest required for membership. When more than one (1) person holds such interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine, and if one of such multiple Owners exercises the vote without opposition by any other of such multiple Owners at the same time such vote is exercised, the vote shall be as so exercised. In the event more than one of such multiple Owners seek to exercise the vote of or if any one of such multiple Owners disputed any others right to so vote, the Lot's vote shall be suspended.
    • Class B: Class B Members shall be the Declarant for Wyngate, Phase I. until the termination of the Class B vote, as below provided for, the Class B Member(s) shall be entitled to four (4) times the total number of the then existing Class A votes. The Class B membership shall terminate upon the happening of the earlier of the following:
      1. Unless Declarant has an unexpired option to add Additional Property, one hundred twenty (120) days after one hundred percent (100%) of the Lots as are contemplated to be part of the Community on the master plan thereof have been conveyed to Owners other than Builder/Owners or affiliates of Declarant;
      2. When, in Declarant's discretion, the Declarant so determines in writing; or
      3. Twenty (20) years following conveyance of the first Lot in the Community to an Owner other than a Builder/Owner or affiliate of Declarant.
      From and after the happening of one of these events, whichever occurs earlier, the Class B Member shall be deemed to be a Class A Member entitled to one (1) vote for each Lot in which it holds the required interest required for membership.
20. All property owners shall have a non-exclusive and perpetual easement for ingress and egress along any and all roadways located within the subdivision. It shall be the responsibility of the above-referenced Homeowners' Association to maintain these roadways until such time as the maintenance of said roadways may be undertaken by a governmental body. The Developer herein makes no representation as to whether or not a governmental body will ever undertake maintenance of said roads, and shall not be responsible if said undertaking does not occur.