STATE OF GEORGIA — COUNTY OF FULTON

DECLARATION OF PROTECTIVE COVENANTS FOR BROOKFIELD COUNTRY CLUB

            WHEREAS, lot owners in the Brookfield Country Club Subdivision in Fulton County, Georgia, who have signed this Declaration of Protective Covenants, are the owners of that certain real property described herein (the "Property") and desire to subject the Property to the terms and provisions of this Declaration of Protective Covenants for Brookfield Country Club ("Declaration"); and

                WHEREAS, the undersigned officers of the Brookfield Country Club Homeowners Association desire to approve this Declaration on behalf of the Association; and

                WHEREAS, there are certain sections of Brookfield Country Club with existing valid covenants that shall remain in full force and effect; and

                WHEREAS, to the extent that there is a conflict between existing covenants recorded in Fulton County, Georgia and the terms of this Declaration, the Property subject to this Declaration shall be governed by the terms of this Declaration;

                NOW, THEREFORE, the undersigned officers of the Association, and all lot owners who have executed this Declaration hereby declare that all of the Property owned by those persons who sign this Declaration shall be held, sold and conveyed subject to this Declaration, which is for the purpose of enhancing and protecting the desirability and attractiveness of, and which shall run with the Property, and be binding on all parties having any right, title or interest in the Property or any part thereof, and shall, subject to all limitations herein provided, inure to the benefit of each owner of any portion of the Property, his heirs, grantees, distributions, successors and assigns and to the benefit of the Association:

 WEISSMAN, NOWACK, CURRY, & WILCO, P.C., Attorneys
Two Midtown Plaza, 15th Floor
1349 Country Club Peachtree Street
Atlanta, Georgia  30309
(404) 885-9215

© 2002,   Weissman, Nowack, Curry & Wilco, P.C., All rights reserved. This Declaration may be used only in connection with the sale of property in the Brookfield Country Club Subdivision
and the operation of the brookfield Country Club homeowners association, inc.

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TABLE OF CONTENTS

(Note: Page numbers refer to original document & may not apply if printing from website;
click a topic to skip to that portion of document.)

1. NAME................................................................................................................................................-1-
2. DEFINITIONS...................................................................................................................................-1-
3. PROPERTY DESCRIPTION............................................................................................................-2-
4. EFFECTIVE DATE...........................................................................................................................-2-
5. USE RESTRICTIONS.......................................................................................................................-2-
6. EASEMENTS....................................................................................................................................-6-
7. DURATION.......................................................................................................................................-6-
8. AMENDMENT................................................................................................................................ -6-
9. GENERAL PROVISIONS ................................................................................................................-7-
10. SEVERABILITY ...............................................................................................................................-7-
11. PREPARER........................................................................................................................................-7-

EXHIBITS

LIST OF SUBMITTED LOTS.......................................................................................................................“A”

COMMON PROPERTY.................................................................................................................................“B”

MODEL CONSENT FORM FOR SUBSEQUENT ADDITIONS..............................................................“C”

DECLARATION OF PROTECTIVE COVENANTS
FOR BROOKFIELD COUNTRY CLUB

1.          NAME

             The name of the property is Brookfield Country Club , which property is a residential property owner’s development.

2.         DEFINITIONS

             Generally, terms used in this Declaration shall have their normal, generally accepted meanings or the meanings given in the Georgia Nonprofit Corporation Code.  Unless the context otherwise requires, certain terms used in this Declaration, the Bylaws, and the Articles of Incorporation shall be defined as follows:

 (a)     Additional Property means those lots as shown on the Plats for Brookfield Country Club which are not subject to the terms of this Declaration, but which shall, upon execution of a consent in accordance with terms of this Declaration, become a portion of the Property.

 (b)     Articles or Articles of Incorporation mean the Articles of Incorporation of the Brookfield Country Club Homeowners Association, Inc., as filed with the Secretary of State of the State of Georgia.

 (c)     Association shall mean Brookfield Country Club Homeowners Association, Inc., a Georgia nonprofit corporation, its successors or assigns.

 (d)     Board or Board of Directors shall mean the elected body responsible for management and operation of the Association.

 (e)     Bylaws mean the Bylaws of the Brookfield Country Club Homeowners Association, Inc.

 (f)      Community-Wide Standard means the standard of conduct, maintenance, or other activity generally prevailing in the Brookfield Country Club Subdivision.  Such standard may be more specifically determined by the Board of Directors.

 (g)     Effective Date means the date as is further defined in Paragraph 3 hereof. 

 (h)     Lot means a portion of the property as shown on the Plats for Brookfield Country Club Subdivision that is intended for ownership and use as a single‑family dwelling site as shown on the said plats and subject to the terms of this Declaration.

 ( i )   Majority means those eligible votes, Members, or other group as the context may indicate totaling more than fifty (50%) percent of the total eligible number.

(j)  Occupant means any Person occupying all or any portion of a dwelling or other property located within the Property for any period of time, regardless of whether such Person is a tenant or the Owner of such property.

 (k)    Owner means the record title holder of a Lot subject to the terms of this Declaration, but shall not include a mortgage holder.

(l)    Person means any individual, corporation, firm, association, partnership, trust, or other legal entity.

(m)    Plats shall mean those certain plats recorded in the plat records of Fulton County, as follows:  Plat Book 97, Page 77 (Unit One); Plat Book 100, Page 72 (Unit One-A); Plat Book 100, Page 7 (Unit Two-A); Plat Book 101, Page 55 (Unit Two-B); Plat Book 125, Page 1 (Unit Two-D); Plat Book 100, Page 64 (Unit Three);  Plat Book 99, Page 16 (Unit Four); Plat Book 93, Page 36 (Unit Four, Phase Two); Plat Book 100, Page 108 (Unit Five-A); Plat Book 101, Page 16 (Unit Five-B); Plat Book 101, Page 17 (Unit Six); Plat Book 200, Page 79 (Unit Seven); Plat Book 103, Page 82 (Unit Eight); Plat Book 115, Page 44 (Unit Nine); Plat Book 106, Page 61 (Unit Ten); Plat Book 111, Page 6 (Unit Eleven); Plat 114, Page 97 (Unit Twelve); Plat Book 118, Page 73 (Unit Thirteen); Plat Book 124, Page 120 (Unit Fourteen); Plat Book 119, Page 7 (Unit Fifteen); Plat Book 125, Page 113 (Unit Sixteen); Plat Book 166, Page 37 (Unit Seventeen); Plat Book 131, Page 19 (Unit Eighteen, Phase One); Plat Book 142, Page 44 (Unit Eighteen, Phase Two); Plat Book 152, Page 33 (Unit Nineteen); Plat Book 162, Page 14 (Unit Twenty); Plat Book 181, Page 67 (Unit Twenty One); Plat Book 154, Page 33 (Unit Twenty Two); Plat Book 183, Page 145 (Unit Twenty Three); Plat Book 107, Page 122 (Unit Twenty Four); Plat Book 196, Page 189 (Unit Twenty Five); Plat Book 187, Page 144 (Unit Twenty Six).

(n)     Property means that real estate in Brookfield Country Club Subdivision submitted to the provisions of this Declaration by the Owner's execution of this Declaration after the recording of this Declaration or by the recording of a consent subsequent to the date of recording of this Declaration.

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3.   PROPERTY DESCRIPTION

             The Property subject to this Declaration is located in Land Lots 115, 185, 186, 187, 250, 251, 252, 253, 313 and 314 of the 1^st District, 2^nd Section and in Land Lots 1145, 1146, 1159, 1160, 1218, 1219, 1220, 1229, 1230, 1231, 1288, 1289, 1290, 1291, 1292, 1293, 1294 and 1295 of the 2^nd District 2^nd Section, Fulton, County, Georgia being more particularly described in the signatory portion of this Declaration and in Exhibit “A” attached to this Declaration, which exhibit is specifically incorporated herein by this reference.  The Plats are incorporated herein by reference as fully as if the same were set forth in their entirety herein.

             Only the real property described in this Paragraph 3 is subject to this Declaration.  However, by one or more consent form executed by an Owner of a Lot in Brookfield Country Club and the Association that is substantially in the form set forth in Exhibit “B” hereto, other real property may be subject to this Declaration.

4.   EFFECTIVE DATE

                This Declaration shall become effective upon recording in the Fulton County land records. Additional consents, by Owners of Lots within the Additional Property may be recorded at any time and from time to time subsequent to the recording of this Declaration, subject to the terms of this Declaration.  All consents shall be executed by at least one officer of the Association and recorded by the Association.

5.   USE RESTRICTIONS

Each Owner of a Lot shall be responsible for ensuring that the Owner's family, guests, tenants and Occupants comply with all provisions of this Declaration.  Furthermore, each Owner and Occupant shall always endeavor to observe and promote the cooperative purposes for which the Association was established.  In addition to any rights the Association may have against the Owner's family, guests, tenants or Occupants, the Association may take action under this Declaration against the Owner as if the Owner committed the violation in conjunction with the Owner's family, guests, tenants or Occupants.

(a)  Residential Use.  Each Lot shall be used for residential purposes only, and no trade or business of any kind may be conducted in or from a Lot or any part of the Property, including business uses ancillary to a primary residential use, except that the Owner or Occupant residing in a dwelling on a Lot may conduct such ancillary business activities within that dwelling so long as (a) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from the exterior of the dwelling; (b) the business activity conforms to all zoning requirements for the Property; (c) the business activity does not increase traffic in the Property; (d) the business activity does not increase the insurance premium paid by the Association or otherwise negatively affect the ability of the Association to obtain insurance coverage; and (e) the business activity is consistent with the residential character of the Property and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents of the Property, as may be determined in the Board's sole discretion.

(b)  Subdivision of Lots and Outbuildings.  No Lot may be subdivided into a smaller Lot and no structure of a temporary character, trailer, tent, shack, carport, garage, barn or other outbuilding shall be erected or used by any Owner or Occupant on any portion of the Property, at any time, either temporarily or permanently, except with written Board approval.

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(c)  Improvements on Lots

                ( i )   No building shall be erected, placed, altered or permitted to remain on any portion of the land in said units until the building plans, elevations, specifications of material, specifications of exterior finish, and specifications of construction methods, with plat plans showing the location of such buildings, have been approved in writing to Board of Directors, as to conformity and harmony of exterior finish, color, design, and general quality with existing standards of the neighborhood, as to the location of the building with respect to topography and finish ground elevations, which approval shall be at the sole discretion of the Board.  If the Board fails to approve or disapprove such plans and specifications within forty-five (45) days after same have been submitted, the Association shall be deemed to have approved such plans and specifications.  After the final plans and specifications have been approved, no changes may be made in said plans and specifications without the consent of the Board of Directors.  The above covenants also apply to exterior redecoration, alterations and additions.

                (ii)  Dwellings erected on any Lot, after the date of this Declaration is recorded, shall have not less than 2,400 square feet of floor space on the main floor.  This floor space requirement shall be exclusive of any space in garages or finished basements.  This base requirement may be modified as follows:

1.   In two story buildings, the combined floor area on both levels must be not less than 2750 square feet of floor space in all enclosed, habitable areas and the ceiling heights must comply with all City of Roswell codes and ordinances.

2.  In dwellings designated as “story and a half”, usually consisting of a main floor level with an upper level of finished habitable attic space, such dwelling may be constructed with a combined floor area of both levels totaling not less than 2,650 square feet of floor space in all enclosed, heated, habitable areas and the ceiling heights must comply with all City of Roswell codes and ordinances.

                (iii)  Siding materials shall be brick, wood, or on certain traditional homes, beaded-edge hardboard.  Aluminum or vinyl siding is permitted, provided it has the appearance of wood.  Exposed concrete block, cinder blocks or other fabricated masonry block units shall be veneered with brick or natural stone or other approved material over the entire surface exposed above finish grade to match the building.

                (iv)  Dryvit may be used as a building material.  In general, dryvit may be used as a significant element in the house design, but not merely as a foundation material.  All dryvit must be painted.

            (v)  Nothing shall be erected, placed or altered on any Lot nearer to any street than building set back lines unless the same be retaining walls of masonry construction which do not rise above the finished grade elevation of the earth embankment so retained, reinforced or stabilized, except that this restriction shall not apply to that which has been approved by the Board of Directors.  The exposed part of the retaining wall will be made of brick, natural stone, or veneered with brick or natural stone or other approved material.

               (vi)   No building on a Lot shall be located nearer to a street line than indicated by the building line shown on the Plat. Eaves, steps and open porches not covered by a roof structure shall not be considered as a part of the building provided, however, that this shall not be construed to permit any portion of the building or construction on the Lot to encroach upon another Lot or upon easements reserved hereunder, nor shall any building be erected or placed on any Lot having an area of less than (18,000) square feet.

            (vii)  Prior written approval of the Association must be obtained for the construction of any “drive-under garage.”

           (viii) All roof stacks and vents must be located on the rear slope of roofs, except where a different location has been approved in writing by Board of Directors prior to construction.

            (ix)  All roof stacks, vents, flashings and chimney caps must be painted to match roof color if visible from front side of houses.

            (x)  All central air conditioning compressors shall be ground mounted.

            (xi)  On homes equipped with solar heat collectors, the location and design of these units must be approved in writing by Board of Directors prior to construction.

           (xii)  All garage or storage room walls must be finished with sheet rock or other similar suitable finishing so as to assure no exposed studs.

           (xiii)  The location and construction details of tree houses and play structures, as well as exterior colors thereof, must be approved by the Board of Directors before commencement of construction.

           (xiv)  Zoning regulations applicable to the Property shall be observed.  In the event of any conflict between any provision of such zoning regulations and the covenants of this Declaration, the more restrictive provision shall apply.

              (xv)  All improvements must be commenced within one year from the date of approval.  If not commenced within such time, then such approval shall be deemed revoked, unless the Board gives a written extension for commencing the work.  Additionally, except with written Board approval otherwise, and except for delays caused by strikes, fires, national emergencies, critical materials shortages or other intervening forces beyond the control of the Owner, all work approved by the Board hereunder shall be completed within one hundred and eighty (180) days of commencement.

              (xvi)  Before any dwelling may be occupied, it must be completely finished on the exterior in accordance with plans approved by the Association.  all of the yard which is visible from any street must be planted with grass or have other suitable ground cover and the driveway surface must be paved with the surface approved by the Board.

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(d)  Waterfront Property.

           ( i )   On lots adjacent to lakes, ponds, rivers, streams, creeks or other water bodies or courses:

1.  No boat canal shall be dug or excavated therein, except with the prior written approval of the Board of Directors of the plans and specifications for said digging or excavation.

2.  No bulkheading, barge, docks, piling, float, or other marine structure wall be erected adjacent thereto or thereupon, without the prior written approval of the Board of Directors of plans and specifications for such structure.

 3.  No refuse of any kind shall be placed on or disposed of therefrom into the adjacent water.

              (ii)  On ponds, rivers, streams, creeks or other water bodies or courses comprising any part of the Lots:

                              1.  No boat shall be moored so as to obstruct navigation.

                              2.  No power boat shall be used except a boat powered by an electric motor with a power rating not to exceed 3.5 horsepower

                              3. No boat of a length greater than fifteen (15) feet, except canoes, shall be launched or used.

           (iii)  On Lots which either abut or are located partially within lakes now located upon the Property, the following rights and easements are reserved to the Owners of Lots which abut such lake:

1.  A perpetual non-exclusive easement for the benefit of said Owners over that portion of the Property from time to time covered with the waters of such lake and also the embankment thereof within five (5) feet of such waterline for ordinary and customary recreational uses and lake maintenance.

2.  The easement reserved immediately above shall be limited in use to the Owners of the Lots abutting the lake, their immediate families, and only such Owners as are actually and in good faith personally accompanied by such Owner or a member of such Owner’s immediate family.

3.  A perpetual non-exclusive easement over that portion of the Property now or hereafter covered by the lake for purpose of soil erosion and sediment control from other portions of the Property in accordance with City of Roswell requirements.

              (iv)  The Association makes no warranties of any nature with regard to a water retention dam (“Dam”) which holds the water for the above described lakes.  Owners of Lots that abut lakes agree to pay any reasonable expense necessary to maintain the structural integrity of the Dam and such other maintenance to the lakes as may be agreed upon by the majority of the abutting Lot Owners.  In the event a Lot Owner fails or refuses to pay his or her proportionate share of any such expense, the remaining Owners shall be entitled to file a lien against the Lot of such Owners as if a supplier of labor and/or materials pursuant to Official Code of Georgia Annotated Section 44-14-360 et seq.  Any payment not made within ten (10) days after notification of the establishment of the maintenance cost and proportionate share of each such Owner shall bear interest thereafter until paid at the rate of 18% per annum, compounded daily or the highest rate allowed by Georgia law.

            (e)  Sight Distance at Intersections.  No fence, wall, hedge or shrub planting which obstructs site lines at elevations between 2 and 6 feet above the roadways shall be erected, placed, planted 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 property lines extended. The sight line limitation shall apply to any Lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement.  No trees shall be permitted to remain within such distance of such intersection unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines.

            (f)  Rubbish, Trash and Construction Debris. All builders shall keep their Lots as free of trash and construction debris as possible. Any surplus materials or trash on sit must be kept hidden from the street and adjacent lots.  The Association shall have the right but not the obligation to remove any such debris and place a lien against the offending Lot for the reasonable cost of such removal if any trash should accumulate.  No Lot in the Property shall be used as a dumping ground for rubbish, trash or garbage.

           (g)  Clotheslines.  Outdoor clothes lines must be screened by approved landscaping or fencing, or placed in a location not readily visible from any street or adjoining property.

           (h)  Fencing.  All fencing must be approved by the Board of Directors prior to erection.  Welded wire mesh may be used behind split rail fencing, or in certain cases, between cedar upright posts only.  Such approval must be in writing by the Board of Directors and the granting of such written approval by the Board shall be on an individual request basis and no such written approval granted in one instance shall be deemed or construed to grant such approval as to any other request. The Board of Directors expressly reserves the right to grant or not grant such approval in its sole discretion.

          ( i )  Vehicles.  Campers, boats, motor homes, recreational vehicles (RV’s), disabled vehicles (obviously inoperable or without a current license tag), commercial equipment, and commercial vehicles or vehicles with commercial writing on their exteriors must be parked in a garage or other enclosed area approved in writing by the Board and not visible from any street.  Wooden fencing of an approved design must be used to screen any such vehicles in enclosed areas.  Passenger vehicles, sport utility vehicles used as passenger vehicles, and motorcycles may be parked on the driveway.  No vehicles may be parked on grass areas.

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           ( j )  Pools.  Swimming pool designs must be submitted to the Board of Directors for approval before any clearing or grading is done.  Construction plans, including landscaping and fencing, must be submitted for approval.  Above ground pools are not permitted.

          (k)  Signs.   Except as may be required by legal proceedings, no signs, advertising posters or billboards of any kind shall be erected, placed, or permitted to remain on the Property without the prior written consent of the Board, except that one (1) professional security sign may be placed on the Lot and one (1) professionally lettered "For Rent" or "For Sale" sign not to exceed two (2') feet by two (2') feet in size may be displayed on a Lot being offered for sale or for lease.  A lot/block number sign will be posted on each Lot under construction showing the builder’s name.  No subcontractor or mortgage company signs are permitted.  The Board shall have the right to erect reasonable and appropriate signs on behalf of the Association in the Area of Common Responsibility.  The Board also shall have the authority to adopt regulations permitting temporary signs on Lots announcing open houses, births, birthdays or other events for limited periods of time.

          (l) Antennas and Satellite Dishes.  No transmission antenna, of any kind, may be erected anywhere on the Property without written approval of the Board of Directors or the Covenants/Design and Review Committee.  No direct broadcast satellite (DBS) antenna or multi-channel multi-point distribution service (MMDS) larger than one meter in diameter shall be placed, allowed, or maintained upon any portion of the Property, including a Lot.  DBS and MMDS antennas one meter or less in diameter and television broadcast service antennas may only be installed in accordance with Federal Communication Commission (FCC) rules and the rules and regulations of the Association authorized by the FCC, both as may be amended from time to time.  Such items shall be installed in the least conspicuous location available on the Lot which permits reception of an acceptable signal.  To the extent that such equipment is visible from the street or adjacent Lots, reasonable landscaping should be installed to reduce the visual impact of the equipment. Except as provided by this subparagraph, no antenna or other device for the transmission or reception of television signals, radio signals or any form of electromagnetic wave or radiation shall be erected, used or maintained outdoors on any portion of the Property, whether attached to a home or structure or otherwise; provided, however, that the Association shall have the right to erect, construct and maintain such devices.

6.   EASEMENTS

               Easements over, across and under the land in said units are reserved for installation and maintenance of utilities, drainage easements and facilities, irrigation and maintenance of utilities, sanitary sewers over the rear 10 feet of each parcel or lot, and 5 feet wide along each side line; with a further easement over, under and across the land in the Property reserved to cut or fill a 3-in-1 slope along the boundary of all public streets or roads built on the land in the Brookfield Country Club Subdivision.  Drainage flow shall not be obstructed or be diverted from drainage swells and easements, storm sewers and/or utility easements as designated herein, or as may hereafter appear on any Plat or record in which reference is made to these covenants.

               The Association’s Board of Directors and its authorized agents shall have an easement of entry on each Lot for the purpose of inspecting the property as provided for herein and for the purpose of enforcing the provisions of this Declaration.

7.   DURATION

           The covenants, restrictions and easements of this Declaration shall run with and bind the Property, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent permitted by law.  However, so long as Georgia law limits the period during which covenants restricting lands to certain uses may run, any provision of this Declaration affected by the law shall run with and bind the land so long as permitted by the law, after which time the provisions shall be automatically extended for successive periods of twenty (20) years, unless fifty-one (51%) percent of the persons owning Lots in the Property execute a document to terminate the covenants containing a legal description of the entire area affected by the covenant, a list of all owners affected by the covenant and a description of the covenant to be terminated or such other requirement as provided in O.C.G.A. § 44‑5‑60.  A written instrument reflecting any termination must be recorded no sooner than, but within two years immediately preceding the beginning of a twenty (20) year renewal period.  Every purchaser or grantee of any interest (including, without limitation, a security interest) in any interest (including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance, agrees that provisions of this Declaration may be extended and renewed as provided in this Paragraph.

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8.  AMENDMENT

           This Declaration may be amended by the affirmative vote, written consent, or any combination of affirmative vote and written consent of the Members of the Association holding at least a majority of the eligible Members voting at a duly called meeting or by ballot.  Notice of a meeting, if any, at which a proposed amendment will be considered shall state the fact of consideration and the subject matter of the proposed amendment.  No amendment shall be effective until certified by the President and Secretary of the Association and recorded in the Fulton County, Georgia land records.

           Any action to challenge the validity of an amendment adopted under this Paragraph must be brought within one (1) year of the effective date of such amendment.  No action to challenge such amendment may be brought after such time.

9.   GENERAL PROVISIONS

                (a)  Enforcement.  As more particularly provided for herein, each Owner and Occupant shall comply strictly with the terms of this Declaration as they may be lawfully amended or modified from time to time. The Association shall have standing to enforce the terms of this Declaration against all Owners, whether or not Members of the Association.  An aggrieved Owner who has executed this Declaration shall also have the right to take individual action to enforce the terms of the Declaration.  The Board shall have the power to impose reasonable fines, which shall constitute a lien upon the Owner's Lot for violation of any duty imposed under this Declaration.  If any Occupant violates the Declaration and a fine is imposed, the fine may be imposed against the Owner and/or Occupant, subject to procedure set forth in Article V of the Bylaws of the Association.  The failure of the Board to enforce any provision of the Declaration or any rule or regulation shall not be deemed a waiver of the right of the Board to do so thereafter.

                (b)  Additional Enforcement Rights.  Notwithstanding anything to the contrary herein contained, the Association, acting through the Board, may elect to enforce any provision of the Declaration by self‑help or by suit at law or in equity to enjoin any violation or to recover monetary damages or both.  In any such action, to the maximum extent permissible, the Owner or Occupant responsible for the violation for which abatement is sought shall pay all costs, including reasonable attorney's fees actually incurred. The Board shall have the right to record in the appropriate land records a notice of violation of the Declaration and to assess the cost of recording and removing such notice against the Owner who is responsible (or whose Occupants are responsible) for violating the foregoing.

(c)           Discrimination.  No action shall be taken by the Association or the Board of Directors which would unlawfully discriminate against any person on the basis of race, creed, color, national origin, religion, sex, familial status or handicap.

(d)           Implied Rights.  The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege.

10.  SEVERABILITY

           Invalidation of any one of these covenants or restrictions by judgment or court order or otherwise shall in no way affect the application of such provision to other circumstances or affect any other provision(s), which shall remain in full force and effect.

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11.  PREPARER

This Declaration was prepared by Candyce D. Cavanagh, Weissman, Nowack, Curry & Wilco, P.C.,
Two Midtown Plaza, 1349 Country Club Peachtree Street, Atlanta, Georgia 30309.