Covenants

DECLARATION OF PROTECTIVE COVENANTS FOR RICH FIELD
STATE OF ALABAMA
COUNTY OF ELMORE
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, TJP Partnership, a general partnership, is the owner of real property known as RICH FIELD (herein referred to as “Subdivision”), located in Elmore County, Alabama, a more particular description of which appears on Exhibit “A” attached hereto and made a part hereof; and

WHEREAS, Jones Investment Company holds a purchase money mortgage on the Subdivision and joins in the execution of these Protective Covenants for the purpose of consenting hereto (herein referred to as “Mortgagee”); and

WHEREAS, TJP Partnership is in the process of subdividing said real property into residential lots; and

WHEREAS, TJP Partnership desires to subject said property and each lot to be located in said Subdivision to and impose upon said lots mutual and beneficial restrictions, covenants, terms, conditions, and limitations (herein for convenience sometimes referred to collectively as “Restrictions”) for the benefit of all the lots in said Subdivision, the future owner of said lots, and any other party as may be specified herein;

NOW, THEREFORE, TJP Partnership does hereby proclaim, publish, and declare that all of said lots in said Subdivision (herein “Lot” or “Lots”), at such time as the plat subdividing the real property into Lots, are subject to, held and shall be held, conveyed, hypothecated or encumbered, rented, used, occupied and improved subject to the following Restrictions which shall run with the land and shall be binding upon TJP Partnership and upon all parties having or acquiring any right, title or interest in and to the real property or any part or parts thereof subject to such Restrictions. The Restrictions contained herein shall apply only to the Lots in Rich Field and shall not apply to any other land owned by TJP Partnership unless specifically imposed upon such other land by a document or plat executed by Developer and recorded in the Office of the Judge of Probate of Elmore County, Alabama.

TJP Partnership shall from this point on be referred to as “Developer.”

ARTICLE I 

MUTUALITY OF BENEFIT AND OBLIGATION
Section 1.A. The Restrictions and agreements set forth herein are made for the mutual and reciprocal benefit of each and every lot in the Subdivision and are intended to create mutual and equitable servitudes upon each of said lots in favor of each and all other lots therein, to create reciprocal rights between the respective owners of said lots; and to create a privity of contract and estate between the grantees of said lots, their heirs, successors and assigns.

ARTICLE II 

EXCLUSIVE HOMEBUILDERS 
Section 2.A. Concept. It is intended that houses and other improvements in this Subdivision shall be constructed only by a limited number of homebuilders (Approved Builders). Lots may be sold to individuals, corporations and/or partnerships, but all homes must be constructed by one of the Approved Builders.

Section 2.B. Selection. This initial list of Approved Builders shall be selected by Developer and shall consist of not more than twenty (20) in number. Approved Builders may be added to the list upon the consent in writing of eighty percent (80%) of the Approved Builders on the list. Developer shall retain at all times a current list of Approved Builders.

Section 2.C. Requirements. Once selected and placed on the Approved Builders list, for a builder to remain on the list he must hold title to at least one Lot with plans to construct a house thereon in the immediate future, or have a house under construction on a Lot owned by a third party. Upon the sale of his Lot, upon completion and sale of any house which he may have constructed on said Lot, or upon completion of a house on the Lot of a third person, the builder must immediately purchase another Lot for the purpose of constructing a house thereon in the immediate future or commence construction of another house of a third party on a Lot. Failure to do so will result in the removal of that builder from the Approved Builders list. Developer shall be the sole determiner of which builders are in compliance with the provisions of this Section 2.C.

Section 2.D. Removal from List. In addition to provisions of Section 2.C above, a builder may be removed from the Approved Builders list for one or more of the following:

• (a) Request to be removed in writing delivered by builder to Developer.
• (b) Upon the vote of eighty percent (80%) of the builders on the list.
• (c) Upon violation of any of the restrictive covenants set forth herein or upon violation of any of the Architectural Review Committee requirements.

ARTICLE III

ARCHITECTURAL REVIEW COMMITTEE AND REQUIREMENTS OF CONSTRUCTION

Section 3.A.  Concept.  It is intended that the Subdivision development will be a residential community of high esteem and quality homes in a delightful environment.  The concept of Rich Field is to provide harmony of architectural standards but not absolute conformity.

Section 3.B.  Architectural Review Committee.  The Architectural Review Committee (herein referred to as the “Committee”) shall be composed of not less than three (3) members and at all times, regardless of the number on the Committee during the Construction Phase of the development of the Subdivision, at least two members of the Committee shall be Approved Builders.  Following the Construction Phase, at least two-thirds of the membership of the Committee shall be composed of owners of lots in the Subdivision.  The Construction Phase is that period of time commencing with the completion of construction of the Subdivision and ending upon the completion of the construction of the last house in the Subdivision.  Provided, however, that, except for the Approved Builders members, Developer, its successors or assigns, reserves the right to appoint the initial and successor members of the Committee, none of whom need be an owner of a lot in the Subdivision, until December 31, 1997, or until its successors or assigns elect to terminate its control of the Committee, whichever shall first occur.  After terminating the control of the Committee, then the record owners of a majority of the lots in this Subdivision shall have the power, through a duly recorded written instrument, to change the membership of the Committee or to withdraw from the Committee or restore to it any of its power and duties.  Neither the members of the Committee, nor its designated representatives, shall be entitled to any compensation for services performed pursuant to this covenant.  A majority of the Committee may designate one or more representative to act for it.

The primary authority of the Committee shall be to examine and approve or disapprove all initial and subsequent plans, including site plans, for construction of improvements on lots within this Subdivision, in accordance with the provision of these Covenants.  The Committee shall have such other responsibilities, duties and authority as provided for herein, but the Committee shall not have any responsibility, duty, power or authority not provided for herein.

Section 3.C.  Plan Approval.  All plans and specifications for any structure or improvement whatsoever to be erected on or moved upon or to any lot, and the proposed location thereof, all finishes, the roofs, landscaping and later changes or additions after initial approval thereof, and any remodeling, reconstruction, alternations or additions thereto on any lot shall be subject to and shall require the approval in writing of the Committee before any work is commenced.  The scope of review by the Committee shall be limited to appearance only and shall not include any responsibility or authority to review for structural soundness, compliance with building or zoning codes or standards, or any other similar or dissimilar factors.  Commencement of construction prior to the receipt of a Letter of Approval of the Committee, a copy of which must be signed by the builder, or owner, and returned to the Committee for retention, is strictly prohibited.

Section 3.D.  Review Documents.  One set of prints of the drawings and specifications (herein referred to as “plans”) for each house or other structure proposed to be constructed on each lot shall be submitted for review and approval or disapproval by the Committee.  The plans submitted to the Committee shall be retained by the Committee.  Said plans should be delivered to the general office of Alabama Land Locators, Inc., Auburn, Alabama, the office of Developer, or to the offices of Partridge Realty in Millbrook, Alabama, or such other location as may be designated by the Committee after termination of control as provided in Article 2.B, at least three (3) working days prior to the date construction is scheduled to commence.  Each such plan must include the following:

1. All plans for structures shall not be less than 1/8” = 1’ scale.
2. All plans must state the elevations of all sides of the proposed structure as such sides will be after finished grading has been accomplished.
3. The foundation and floor plan(s) shall show the existing grade on each elevation in order that the extent of cut and/or fill areas may be easily and clearly determined.
4. All plans must include a summary, specifications list of proposed materials and samples of exterior materials, including paint or other finish samples, which cannot be adequately described and of materials with which the Committee is unfamiliar.
5. After the plan for the structure is approved, the house or other structure must be staked out and such siting approved by the Committee before tree cutting or grading is done.

Section 3.E.  Design Criteria, Structure.

• 3-E-1.  It is the intent of the Developer to generally present a sound architectural environment; however, the exterior appearance of no two houses shall be permitted to be the same.  The following types of exterior materials, among others, are acceptable, subject to final approval of the actual appearance of such materials by the Committee:
  • (a)    Brick
  • (b)    Stone
  • (c)    Stucco, synthetic plaster (e.g., dryvit)
  • (d)    Painted Wood Siding
  • (e)    Aluminum/Vinyl Siding
  • (f)      Masonite Siding
  • (g)    Log Siding
  • (h)    Natural-colored Asphalt Shingles or cedar shakes.  White roofing of any material is NOT acceptable.
  • (i)      Paint must be approved by the Committee within 48 hours or 2 working days.  White exteriors and light colors are preferred.  Exceptions can be approved by the Committee.
• 3-E-2.  Building Setbacks.  All buildings must be at least 15 feet from any interior line and 2- feet from any road frontage.  Pins for site dwelling must be in and approved by the Committee before construction may begin.
• 3-E-3.  No open garage or carport is to face a neighboring yard without screening approved by the Committee.
• 3-E-4.  All surfaces for driveways must be concrete and must be approved by the Committee.  Each driveway shall have a culvert across the right-of-way ditch and the property owner shall regrass the right-of-way after installing the culvert and driveway.  Curved driveways are preferred.
• 3-E-5.  All mailboxes shall be of a standard size and design as determined by the Developer.  Mailboxes will be available through Developer at a cost of $175.00.
• 3-E-6.  Windows, Window Treatments and Doors.
  • (A)     Reflective glass shall not be permitted on the front exterior of any dwelling.  No foil or other reflective materials shall be installed on any windows or used for sunscreens, blinds, shades or other purposes.
  • (B)     No aluminum colored windows shall be utilized on the front or sides of any dwelling.  Cantilevered bay windows shall be approved by the Committee (which may require additional landscaping in front of such bay windows) Burglar bars and doors (including wrought iron doors) shall not be permitted.  Screen doors shall not be used on the front or side of any dwelling.  No aluminum colored doors with glass fronts (e.g., storm doors) shall be allowed on the front of any dwelling.
  • (C)     Appropriate window treatments shall be used on all windows.  Sheets, bed linens, blankets, and paper or plastic bags are not appropriate window treatments.
• 3-E-7.  All fences, including fences for back yards, swimming pools, dog pens, gardens, or for any other purpose must be approved by the Committee prior to construction.  Chain link fences are permitted provided they do not extend forward beyond the rear corners of the house toward the front of the house.  A chain link fence may extend forward beyond the rear corners of the house only if the fence is painted black or dark green, or is constructed of vinyl.
• 3-E-8.  No sign of any kind shall be displayed to the public view on any parcel except four (4) professional signs of not more than four square feet to advertise the property for sale or rent, or a service rendered, or a builder to advertise the property during the construction and/or sales period.  No signs are to be nailed to any trees.  All builders’ and contractors’ signs must be removed from the lot within 90 days after the house has been sold.
• 3-E-9.  The Committee reserves the right to make exceptions to architectural guidelines in the event solar heating is to be used, such exceptions to be made on a case by case basis, considering the design’s compatibility with the neighborhood.
• 3-E-10.  No house shall have exterior concrete block walls or retainer walls.

Section 3.F.  Construction Obligations.

• 3-F-1.  During construction, all vehicles, including those delivering supplies, must enter the building site only on driveways approved by the Committee and such vehicles must be parked on the building lot where the construction is under way so as to not unnecessarily damage grass or trees outside of right-of-way.
• 3-F-2.  All building debris, stumps, trees, etc. must be removed from each lot by builder as often as necessary to keep the house and lot attractive.  Such debris shall not be dumped in any are of the Subdivision.
• 3-F-3.  During the construction, builder must keep homes and garages clean and yards cut.
• 3-F-4.  All proposed exterior decorating or redecorating, including color changes, must be approved by the Committee or its successors or assigns.
• 3-F-5.  Underground Utilities.  All utility lines, pipes, conduits, and wiring for electrical, gas, telephone, water, sewer, cable television, security, and any other utility service for any portion of the Subdivision shall be installed and maintained below ground.
• 3-F-6.  The Committee shall have the right to establish specific requirements for the pitch of any roof and the type of roofing materials which may be utilized for any dwelling.  Roof pitch on the roof sections of the house should be no less than 8/12.  Gables or dormers shall have a minimum roof pitch of 11/12, unless approved by the Committee.
• 3-F-7.  All utility boxes and heating and cooling equipment shall be allowed on the sides of the dwelling, provided they are screened by landscaping from viewing from the front of the house.

ARTICLE IV

EXCLUSIVE RESIDENTIAL USE AND IMPROVEMENTS

• Section 4.1.  All lots in the Subdivision shall be known and described as residential lots and shall be used for single family residential purposes exclusively.  All lots must be 0.40 acres or larger unless a majority of the Committee approves a change.
• Section 4.2.  Every dwelling building erected on a lot in the Subdivision, exclusive of one story open porches, garages, carports and other finished spaces, shall each have a ceiling height of not less than seven (7) feet in all enclosed, heated, habitable areas and all dwellings shall have not less than 1,600 square feet of enclosed, heated, habitable floor space.
• Section 4.3.  No more than a single family unit shall occupy any dwelling house.  Detached auxiliary buildings are not permitted without prior written approval of the Committee.  All dwellings must be built within the building lines set forth herein.  All barns, guest houses, pool houses, storage house or garages must be approved by the Committee and follow the architectural style of the dwelling.  No auxiliary buildings shall be permitted in the front yard of any lot.  All auxiliary buildings must have the same roofing shingles and the same siding color as the main dwelling.

ARTICLE V

GENERAL PROHIBITIONS AND REQUIREMENTS

• Section 5.1.  It shall be the responsibility of each lot owner to prevent the development of any unclean, unsightly or unkept conditions of building or grounds on such lot which shall tend to decrease the beauty of the specific area or of the neighborhood as a whole.
• Section 5.2.  All lots, whether occupied or unoccupied, and any improvements placed thereon, shall at all times be maintained in a neat and attractive condition and in such manner as to prevent them from becoming unsightly by reason of unattractive growth on such lot or the accumulation of rubbish or debris thereon.  In order to implement effective control of this item, the Committee reserves the right, after ten (10) day’s notice to any lot owner, to enter upon any lot with such equipment and devices as may be necessary for the purpose of mowing, removing, clearing or cutting underbrush, weeds or other unsightly growth and trash which, in the opinion of Developer or the Committee, detracts from the overall beauty and safety of the Subdivision.  Such entrance upon such property for such purposes shall be only between the hours of 7:00 A.M. and 6:00 P.M. on any day except Sunday and shall not be a trespass.  The Developer or the Committee may charge the owner a reasonable cost for such services, which charge shall constitute a lien upon such lot enforceable by appropriate proceedings at law or in equity.  The provisions of this paragraph shall not be construed as an obligation on the part of the Developer or the Committee to mow, clear, cut or prune any lot nor to provide garbage or trash removal services.  Said liens as established hereunder shall at all times be subordinate to any mortgage on the premises.
• Section 5.3.  No trash, garbage or other refuse shall be dumped, stored or accumulated on any lot.  Trash, garbage or other waste shall not be kept on any lot except in sanitary containers or garbage compactor units.  Garbage containers, if any, shall be kept in a clean and sanitary condition.  The owner of each lot shall contract with the proper authorized agent in either the City of Millbrook or Elmore County for the collection of trash, refuse and garbage.
• Section 5.4.  Domestic pets are allowed except for goats, hogs and chickens.  There shall be a limit of not more than two (2) such households pets, i.e., dogs or cats.  Exotic animals must be approved by the Committee and no animals may be kept for commercial purposes.
• Section 5.5.  No noxious, offensive or illegal activity shall be carried on upon any lot nor shall anything be done on any lot which may be or may become an annoyance or nuisance to the neighborhood.  No commercial or business activity shall be conducted on any lot unless approved in writing by the Committee.
• Section 5.6.  No oil or natural gas mining or exploration, such as drilling, refining, quarrying or mining operations of any kind shall be permitted upon any lot or not derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on any lot; nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted on any lot.
• Section 5.7.  No structure of a temporary character, trailer, basement, tent or shack shall be used at any time as a residence either temporarily or permanently.  There shall be no occupancy of any dwelling until the interior and exterior of the dwelling are completed and a certificate, or other satisfactory evidence of completion, is received by and approved by the Committee.
• Section 5.8.  Any dwelling or other structure on any lot in the Subdivision which may be destroyed in whole or in part for any reason must be rebuilt within one (1) year.  All debris must be removed and the lot restored to a sightly condition with reasonable promptness, provided that in no event shall such debris remain on any lot longer than ninety (90) days.
• Section 5.9.  No boat, boat trailer, house trailer, camper or similar equipment or vehicle shall be parked in public view or stored on any road, street or driveway located in the Subdivision for any period of time in excess of 48 hours except in garages or the rear part of the lot.  Also, no unkept or otherwise unattractive vehicle or piece of equipment may be parked or stored on any road, street, driveway, yard or lot except in garages, barn, storage house or carport.  The statement ”in public view” shall be determined and/or interpreted by the Committee.
• Section 5.10.  There shall be no discharging of any type firearm in the Subdivision or any surrounding area.
• Section 5.11.  No window air conditioners shall be permitted unless specifically approved as to location by the Committee.
• Section 5.12.  All outside radio and TV antennas shall be installed in such a way as to be non-visible from the main road and where possible it should be placed on the back side of the chimney; otherwise, they must be placed on the back side of the roof.  All satellite dishes must be in the rear yard and screened from view.
• Section 5.13.  No plumbing or heating vent shall be placed on the front side of the roof.  All vents protruding from roofs shall be painted the same color as the roof covering.
• Section 5.14.  No individual sewage disposal system, grease traps, field lines, or extension of field lines hall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards, and recommendations of both state and local public health authorities.  Approval of such system as installed shall be obtained from such authority.
• Section 5.15.  Tennis courts and swimming pools shall be permitted.  Location of swimming pools and tennis courts and fencing of same shall be subject to approval of the Committee.
• Section 5.16.  No outside clothes lines shall be permitted in front yards and not to exceed 20 feet in length.
• Section 5.17.  Existing drainage shall not be altered in any manner, and specifically shall not be altered in such a manner as to divert the flow of water onto an adjacent lot or lots.
• Section 5.18.  Developer will initially seed that portion of the street/highway right of way lying between the lot line and the paved or asphalted street.  Each lot owner will subsequently be responsible to maintain this area and reseed and regrade if necessary to keep the area grassed.

ARTICLE VI

EASEMENTS

• Section 6.1.  Developer reserves for itself, its successors and assigns, the right to use, dedicate and/or convey to the State of Alabama, to Elmore county, the City of Millbrook and/or to the appropriate utility company or other companies, rights of way or easements on, over or under the ground to erect, maintain and use utilities, electric and telephone poles, wire, cable, cable television, conduits, storm sewers, sanitary sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water, or other public conveniences or utilities on, in or over strips of land ten (10) feet in width along the rear property line of each lot and ten (10) feet in width along each side line of each lot; with further easement reserved to cut or fill a three to one slope along the boundaries of all public or private streets built in the Subdivision.
• Section 6.2.  Drainage flow shall not be obstructed or diverted from drainage swales, storm sewers and/or utility easements as designated herein, or as may hereafter appear on any plat of record in which reference is made to these Restrictions.  The Committee may cut drainways for surface water wherever and whenever such action may appear to the Committee to be necessary in order to maintain reasonable standards of health, safety and appearance.  These easements and rights expressly include the right to cut any trees, bushes or shrubbery, make any gradings of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health and appearance.  Except as provided herein, existing drainage shall not be altered in such a manner as to divert the flow of water onto an adjacent lot or lots.  The provisions hereof shall not be construed to impose any obligation upon the Committee to cut any drainway.  The owner of the lot is responsible for maintaining all drainage ways to the acceptance of any present or future standards required by the city engineer, county engineer or the Committee.  This provision shall run with the land and pertain to all present and future owners of the lots in The Forest Plat No. 2 over and across which said easements and drainways run.  Examples of future requirements would be of any trees that should obstruct the drainage ways, or any form of obstruction of drainage ways.
• Section 6.3.  The Developer has entered into an agreement with Central Alabama Electric Cooperative to provide power to the improvements constructed in Rich Field and will distribute it underground to make the Subdivision more attractive.  Underground distribution is much more expensive to install, therefore, the agreement provides for payment of a penalty if an owner uses natural or propane gas.  Any penalties incurred by any lot owner for use of natural or propane gas will be paid to Central Alabama Electric Cooperative by the lot owner and shall not be an expense of the Developer.

ARTICLE VII

ENFORCEMENT

• Section 7.1.  In the event of a violation or a breach of any of these restrictions, or any amendment thereto by any property owner, or family of such owner, or agent of such owner, the owner(s) of lot(s), the Committee or any other party to whose benefit these inure, shall have the right to proceed at law or in equity to compel compliance with the terms and conditions hereof, to prevent the violation or breach of said restrictions, to sue for and recover damages or other dues, or take all such courses of action at the same time, or such legal remedy it may deem appropriate.  No delay or failure on the part of an aggrieved party to invoke an available remedy set forth herein shall be held to be a waiver of that party or an estoppel of that party or of any other party to assert any right available to him upon the recurrence or continuation of said violation or the occurrence of a different violation.  Neither the Committee nor any architect nor agent thereof nor Developer shall be responsible in any way for any delay or failure by any or all of such entities, their successors and assigns, to enforce or seek to enforce any violation or breach of any of these restrictions or amendments thereto.
• Section 7.2.  Each and every lot owner and future lot owner, in accepting a deed or contract for any lot or lots in Rich Field agrees to adhere to these protective covenants governing Rich Field.  If said lot owner(s) do(es) not adhere to said covenants, and legal action is taken against the party in violation of said covenants, then the lot owner(s) in violation agree(s) to pay all attorney fees and other associated costs incurred by other parties in pursuing legal action to remedy violation of these covenants.

ARTICLE VIII

TERM AND MODIFICATION

• Section 8.1.  These Restrictions shall run with the land and can be changed, modified, amended, altered or terminated only by a duly recorded written instrument, executed by Developer, its successors and assigns, until December 31, 1997, and thereafter by the then record owners (including mortgagees and other lien holders of record, if any) of fifty-one percent (51%) of the number of lots of this Subdivision.

ARTICLE IX

OWNER’S ASSOCIATION

• Section 9.1.  There will be an Owner’s Association which will be identified as Rich Field Owner’s Association, Inc., hereinbelow and after referred to as the “Association”, in which the owners of each lot are entitled to participate having one vote per residential lot, and to which the owners of each lot shall be obligated, by ownership of said lot, to be a member thereof, and shall be obligated to pay an annual base assessment and any other special assessments that may be assessed by the said Association or its governing body.  Said Association shall primarily be responsible for the installation and maintenance of areas of common responsibility (common areas) within areas of the overall subdivision, known as Rich Field (which areas may include areas outside the lots in this plat), including the ownership and maintenance of the Subdivision sign and the street lighting, to include the maintenance of the street lamps and the cost of the power to operate said street lamps, and the operation of the Committee, and may provide insurance protection and/or other protections or guarantees to the Association in general and to the individual lot owners within the subdivision.  This paragraph in this plat document is intended to merely be a general description of the existence of the Association to the lot owners, their heirs and assigns, and their obligations with relation thereto.  Further, specific and detailed terms, provisions, operating procedures, assessment responsibilities, and other terms and provisions relating to said Association will be more specifically and fully set out in a separate document which will be identified as the “Articles of Incorporation” and the “By Laws” of Rich Field Owner’s Association, Inc.
• Section 9.2  In the addition to any other terms and provisions of the Articles of Incorporation and/or By-Laws of Rich Field, each lot owner shall be liable for a proportionate share of the expenses of the Association and particularly those which are incurred in the maintenance and repair of all common areas, the maintenance and repair of the Subdivision sign and street lamps, to include the cost of the power to operate the lights, within areas of the overall subdivision, known as Rich Field (which areas may include areas outside the lots in this plat).  The Association, through its Board, will set the appropriate amount of said assessment and will establish the annual due date for same.  Any assessment not paid within thirty (30) days after the due date shall bear interest at the rate of ten percent (10%) per annum from the due date until the date when paid.  All payments upon said assessment account shall be first applied to interest and then to the assessment payment first due.  The Association is hereby granted a lien upon each lot and its appurtenances and its undivided interest in the Association, which lien shall secure and does secure the monies due for all assessments now or hereafter levied or subject to be levied against the owner of each lot, and shall also secure interest, if any, which may be due on the account of any delinquent assessment, and which lien shall also secure all costs and expenses, including a reasonable attorney’s fee which may be incurred by the Association in enforcing this lien.  Said lien being prior to all other liens except only tax liens in favor of the United States, State, County or municipality, and the lien of any first mortgage, and shall cover all sums unpaid and due for dues or assessments, whether in the form of a general assessment or a special assessment.  No lot owner or owners may escape or avoid responsibility for dues or assessments by his or her waiver of the use of or enjoyment of any of the common elements or by the abandonment or non-use of his or her lot, or by any other means.
• Section 9.3.  The Association shall indemnify each officer, director and committee member of the Association and the Committee against any and all expenses, including trial and appellate attorney’s fees and costs, reasonably incurred by or imposed upon any officer, director or committee member in connection with any action, suit or other proceedings to which he or she may be a party, by reason of being or having been an officer or director or committee member of the Association or the Committee.  The officers and directors shall not be liable for any mistake of judgement, negligent or otherwise, except for their own willful malfeasance, misconduct or bad faith, with regard to the business of the Association or the Committee.   The officers and directors shall have not personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association, except to the extent that they are members of the Association, and the Association shall indemnify and forever hold each of the officers and directors free and harmless against any and all liability to others on account of any such contract or commitment.  Any right or indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled.  The Association may, as a part of the common expense, maintain adequate general liability insurance, and officers and directors liability insurance to fund this obligation, if such insurance is reasonably available and felt to be appropriate by the Association.
• Section 9.4.  The Association shall include the owners of all of the Lots in the Subdivision, and at the option of the Developer, the owners of other lots in future plats adjacent to and in the vicinity of the Subdivision.  The Association shall also own common areas which lie outside of this plat, which will include an area for a park which will be deeded by the Developer to the Association.  As a common area, the Association shall have the responsibility of maintaining the park area.  Developer shall donate up to Nine Thousand ($9,000.00) Dollars to the Association, which shall be used to purchase amenities for the park area.

ARTICLE X

SEVERABILITY

• Section 10.1.  Every one of the Restrictions is hereby declared to be independent of, and severable from the rest of the Restrictions and of and from every other one of the Restrictions and of and from every combination of the Restrictions.  Invalidation by any court of any Restriction in this instrument shall in no way affect any of the other Restrictions which shall remain in full force and effect.
• Section 10.2.  Developer may include, until December 31, 1997, in any contract or deed hereinafter made or entered into, such modifications and/or additions to these protective covenants and Restrictions, which will by their nature raise the standards of the Subdivision.

BYLAWS OF RICH FIELD HOMEOWNER’S ASSOCIATION

ARTICLE I 

NAME AND LOCATION
The name of the corporation is RICH FIELD HOMEOWNER’S ASSOCIATION, hereinafter referred to as the “Association.” The principal office of the corporation shall be located at 4 Springwood Circle, Deatsville, Alabama, 36022, but meetings of members and directors may be held at such places within the State of Alabama, County of Elmore, as may be designated by the Board of Directors.

ARTICLE II 

DEFINITIONS

• Section 1. “Association” shall mean and refer to RICH FIELD HOMEOWNER’S ASSOCIATION, its successors and assigns.
• Section 2. “Properties” shall mean and refer to that certain real property described in the Declaratioin of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
• Section 3. “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the Owners.
• Section 4. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.
• Section 5. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for performance of an obligation.
• Section 6. “Declarant” shall mean and refer to TJP Partnership, its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.
• Section 7. “Declaration” shall mean and refer to the Declaration of Covenants, Conditions, and Restrictions applicable to the Properties recorded in the Office of the Judge of Probate of Elmore County, Alabama.
• Section 8. “Member” shall mean and refer to those persons entitled to membership as provided in the Declaration.

ARTICLE III 

MEETING OF MEMBERS

• Section 1. Annual Meetings. The first annual meeting of the members shall be held within one year from the date of incorporation of the Association, and each subsequent regular annual meeting of the members shall be held on the same day of the same month of each year thereafter, at the hour of 7:00, P.M. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday.
• Section 2. Special Meetings. Special meetings of the members may be called at any time by the president or by the Board of Directors, or upon written request of the members who are entitled to vote one-fourth (1/4) of all of the votes of the Class A membership.
• Section 3. Notice of Meetings. Written notice of each meeting shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 15 days before such meeting each member entitled to vote thereat, addressed to the member’s address last appearing on the books of the Association, or supplied by such member of the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting.
• Section 4. Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, one-tenth (1/10) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or represented.
• Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot.

ARTICLE IV

BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE

• Section 1. Number. The affairs of this Association shall be managed by a Board of nine (9) directors, who need not be members of the Association.
• Section 2. Term of Office. At the first annual meeting, the members shall elect three directors for a term of one year, three directors for a term of two years, and three directors for a term of three years; and at each annual meeting thereafter the members shall elect three directors for a term of three years.
• Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation, or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor.
• Section 4. Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties.
• Section 5. Action Taken Without A Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.

ARTICLE V 

NOMINATION AND ELECTION OF DIRECTORS

• Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as may nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or non-members.
• Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election, the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.

ARTICLE VI 

MEETING OF DIRECTORS

• Section 1. Regular meetings. Regular meetings of the Board of Directors shall be held monthly without notice, at such place and hours as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday.
• Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days notice to each director.
• Section 3. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.

ARTICLE VII 

POWERS AND DUTIES OF THE BOARD OF DIRECTORS

Section 1. Powers. The Board of Directors shall have power to:

• (a) adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their gusts thereon, and to establish penalties for the infraction thereof;
• (b) suspend the voting rights and right to use of the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed 60 days for infraction of published rules and regulations.
• (c) exercise for the Association of all powers, duties, and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Law, the Articles of Incorporation, or the Declaration.
• (d) declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and
• (e) employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties.

Section 2. Duties. It shall be the duty of the Board of Directors to:

• (a) cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Class A members who are entitled to vote;
• (b) supervise all officers, agents, and employees of this Association, and to see that their duties are properly performed;
• (c) as more fully provided in the Declaration, to:
• (1) fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period;
• (2) send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; and
• (3) foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same.
• (d) issue, or to cause an appropriate office to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment.
• (e) procure and maintain adequate liability and hazard insurance on property owned by the Association.
• (f) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate;
• (g) cause the Common Area to be maintained.

ARTICLE VIII 

OFFICERS AND THEIR DUTIES

• Section 1. Enumeration of Offices. The officers of this Association shall be a president and vice president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other officers as the Board may from time to time by resolution create.
• Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members.
• Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve.
• Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.
• Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, the acceptance of such resignation shall not be necessary to make it effective.
• Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of their term of the officer he replaces.
• Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more that none of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.
• Section 8. Duties. The duties of the officers are as follows:
  • (a) President 
    The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds, and other written instruments and shall co-sign all checks and promissory notes.
  • (b) Vice-President 
    The vice-president shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.
  • (c) Secretary 
    The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the board.
  • (d) Treasurer 
    The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members.

ARTICLE IX

COMMITTEES
The Association shall appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these By-Laws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.

ARTICLE X 

BOOKS AND RECORDS
The books, records, and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the By-Laws of the Association shall be available for inspection by any member of the principal office of the Association, where copies may be purchased at reasonable cost.

ARTICLE XI 

ASSESSMENTS
As more fully provided in the Declaration, each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. 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 rate of 6 percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorney’s fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot.

ARTICLE XII 

CORPORATE SEAL
The Association shall have a seal in circular form having within its circumference the words: RICH FIELD HOMEOWNER’S ASSOCIATION.

ARTICLE XIII 

AMENDMENTS
Section 1. These By-Laws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy, except that the Federal Housing Administration or the Veteran Administration shall have the right to veto amendments while there is a Class B membership.

Section 2. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control.

ARTICLE XIV 

MISCELLANEOUS
The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation.