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Covenants
Chestnut Tops Community
WHEREAS, Developer desires to subject the real property described in Article II together with such additions as may hereafter be made (as provided in Article II) to the covenants, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of property and each owner thereof; and
WHEREAS, Developer has deemed it desirable for the efficient observation and preservation of the values and amenities in Chestnut Top Community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the private roads and other said common improvements, administering and enforcing the covenants and restrictions, and collecting and disbursing the assessments and charges hereinafter created; and
WHEREAS, Developer has incorporated under the laws of the State of Tennessee, as a not-profit corporation, Chestnut Top Community Property Owners Association, Inc. for the purpose of exercising the functions aforesaid;
NOW THEREFORE, the Developer hereby declares that the real property described in Article II, and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as “covenants and restrictions”) hereinafter set forth.
ARTICLE I
DEFINITIONS
Section 1. The followings words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings:
- “Association” shall mean and refer to the Chestnut Top Community Property Owners Association, Inc.
- “Community” shall mean and refer to all such existing properties, and additions thereto, as are subject to this Declaration or any Supplemental Declaration under the provisions of Article II, hereof.
- “Entrance Roads” shall mean and refer to those roads constructed by the Developer for members to use as a means of access to their respective tracts.
- “Improvements” shall mean and refer to those water impoundments, trails, gates, or fences constructed by the Developer or Association for use and enjoyment of members
- “Tract” shall mean and refer to any parcel of land now or hereafter included in this development.
- “Owner” shall mean and refer to the owner, whether one or more persons or entities, of the fee simple title to any Tract situated upon the Community property, but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
- “Member” shall mean and refer to all those Owners who are members of the Association as provided in Article III, Section 1, hereof.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION: ADDITIONS
Section 1. Existing Property. The real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this Declaration is located in Blount County, Tennessee, and is more particularly described in Map File 1404-A in the Register’s Office for Blount County, Tennessee.
Section 2. Additional adjacent land and/or lots may become subject to this Declaration by recordination of additional declarations adopting and incorporating this Declaration by specific reference in the sole discretion of the Developer at the Developer’s expense. The Owners of any such Tracts or Lots shall become members of the Association and shall have equal rights, privileges and obligations under this Declaration.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. Membership. Every person or entity who is the Owner of a fee or undivided fee interest in any Tract shall be a Member of the Association, provided that
Any such person or entity who holds such interests merely as a security for the performance of an obligation shall not be a member. Membership shall commence on the date such person or entity becomes the Owner of a fee or undivided fee interest in the Tract.
Section 2. Voting Rights. The Association shall have two classes of voting membership.
Class A. Class of Membership. Class A members shall be all of those Owners as defined in Section 1 with the exception of the Developer. Class A Members shall be entitled to one vote for each Tract in which they hold the interests required for membership as specified in Section 1. When more than one person holds such interest or interests in any Tract, all such persons shall be Members, and the vote for such Tract shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Tract. In the event that owners of a Tract cannot reach a consensus agreement on how to vote, the members of that tract shall be deemed to have abstained from the vote to be cast. In the event any vote requires a 2/3 majority of the vote for Association action, each tract shall be limited to one vote, except for the Developer.
Class B. Class B Members shall be the Developer. The Class B Member shall be entitled to one vote for each identified Tract owned by the Developer and three votes for property not designated as Tract, indicated as Remainder on the Survey. In the event the Developer adds other tracts to the development, these tract owners shall become Class A members. In this event, the Developer shall retain three votes for property shown as Remainder on the survey.
ARTICLE IV
ACCESS AND PROPERTY RIGHTS
Section 1. Members Easements. Subject to the provisions of Section 2, every Member of Chestnut Tops Community shall have access rights over entrance roads and gates and such easement shall be appurtenant to and shall pass with the title to every Tract.
Section 2. Extent of Members’ Easements. The right of the association is established to dedicate or transfer all or any part of the Common Properties to any public agency, authority or utility for such purposes and subject to such conditions as many be agreed to by the Members, provided that no dedication or transfer shall be effective unless an instrument signed by Members entitled to cast 100% of the votes, irrespective of Class has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed agreement and action hereunder is sent to every Member at least thirty days in advance of any action taken.
ARTICLE V
COVENANT FOR MAINTENANCE¨ ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessment. Each Owner of any tract by acceptance of the deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay the Association annual assessments or charges; the annual assessments, together with such interest thereon and costs of collection thereof as may be hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The Developer is required to pay an assessment equal to that of every other Tract owner.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively by the Association for the purpose of maintaining and /or creating entrance roads, signs, culverts, bridges, water impoundments, gates, trails, and fences and for mowing on each side of said roads, including but not limited to, the cost of insurance thereon, and repair and replacement thereto, and for the cost of labor, equipment, and materials.
Section 3. Basis and Maximum of annual Assessments. The annual assessment shall be $250 for each tract owned which shall be due and payable January 1st of each year and shall be prorated upon closing for the remainder of the year. After January 1st, 1997, the assessment may be increased by vote of the Members, as hereinafter provided.
Section 4. Change in the Basis and Maximum of Annual Assessments. The Association may change the maximum and basis of the assessments fixed by Section 3, requiring the assent of a majority of the votes irrespective of the class of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty days in advance. A quorum for such meeting shall consist of 50% of Members present or proxies present.
Section 5. Effect of Non-Payment of Assessment: Personal Obligation of the Owner: Lien: Remedies of Association. If the assessments are not paid on the date when due, then such assessment shall become delinquent and shall together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property which shall bind such property in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them.
If the assessment is not paid within (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of (10%) ten percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assessment the cost of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorney’s fee to be fixed by the court, together with the costs of the action.
Section 6. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the Properties subject to assessments; so, that such to shall apply only to the assessments which have become due and payable prior to a sale of transfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments which thereafter become due, nor from the lien of any subsequent assessment.
ARTICLE VI
TERMS
The covenants and restrictions of this Declaration shall run with and bind the land and all parties and persons claiming under them for a term of 25 years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten years. The Declaration may be amended as provided in Article XXIII.
ARTICLE VII
ENFORCEMENT
The Association or any owner shall have the right to enforce, as herein provided for, by any proceeding at law or in equity, all restrictions, conditions, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Association or any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. It is further provided that should the Association or any owner have to employ counsel to enforce any of the restrictions, conditions, covenants, reservations, liens or charges found in the Declaration, and be successful in such prosecution all costs incurred for such enforcement, including a reasonable fee for counsel, shall be paid by such party violating or attempting to violate the covenants herein.
ARTICLE VIII
SEVERABILITY
If any provision as herein set forth is declared to be invalid by any court, the invalidity of such restrictions shall not affect the validity of the remaining restrictions hereof, and for the purposes hereof all restrictions as contained herein shall be deemed to be severable each from the other without qualification.
ARTICLE IX
DEVELOPMENT
Plans for development by any Member. As a prerequisite to consideration for approval, and prior to the beginning of any contemplated work requiring Association approval, the applicant must submit a complete and final set of plans and specifications with a written request for their approval. The Association shall be the sole arbiter of same and may withhold approval for any reason of nonconformance to covenant agreement including truly aesthetic considerations. In the event the Association fails to approve or disapprove the plan for design, specifications, and location within twenty days after they have been submitted, approval will not be required and this section will be deemed to have been fully complied with.
In the event that the Association rejects plans submitted for approval under this Article, the party submitting the plans may make the necessary alterations to said plans or specifications and resubmit them for approval or upon written notice signed by more that 2/3 of the Members at the time of such request for approval stating that they desire that approval be given, the same shall be approved by the Association. For the purposes of this section, each Member shall have one vote. Likewise, if the Association shall approve a variance from the provisions of this Declaration, a 2/3 majority of the Members may override such approval.
ARTICLE X
SETBACK REQUIREMENTS
There shall be a 50 foot minimum building setback line along all tract boundary lines and road right of ways which may be waived by permission of the undersigned or by 2/3 majority vote of the Association, with each Tract defined above having one vote and the adjoining property owner.
ARTICLE XI
ROAD RIGHT OF WAY
All access roads shall have a 50 foot right of way (25 feet on both sides of the roadway measured from the centerline of the road) which may be cleared or mowed at the discretion of the Association. The road may also be widened at the discretion of the Association. Widening the road or further clearing the right of way shall require assent by 2/3 majority vote of the Association, after due notice of such meeting is given at least (30) days in advance to each member.
ARTICLE XII
LAND USE AND BUILDING TYPE
It is the intent of the Community to preserve the natural habitat with as little disturbance as possible. This approach is made more attractive because the property is bounded on one border (Southeast) by the Great Smoky Mountains National Park and is separated on the West and Northwest by 400 feet from the National Foothills Parkway Boundary.
Section 1. Building Use and Materials. Any Tract in chestnut Top Community is to be used for residential purposes only. Except as herein otherwise specifically provided, or by written approval and sanction of the 2/3 majority vote of the Association, no structure shall be erected or permitted to remain on any tract or building plat on said land other than one single-family dwelling per five (5) acres of land, such dwelling not to exceed three stories in height, with private garage or garages, and one barn. Outbuildings such as woodsheds, pavilions, smokehouses and camp type structures will be permitted upon submittal of proper plans and with approval by the 2/3 majority vote of the Association.
The materials to be used for the exterior of all dwellings and outbuildings are to be in keeping with a rustic appearance. Use of natural wood, stone and brick is encouraged. A roof of fire resistant materials is encouraged. Metal buildings of any kind are not permitted. White painted buildings are not permitted.
Section 2. Fences. Fencing shall be permitted but must be of a type that is rustic, like wood rails, and so constructed to permit crossing by foot hikers. In any event, no fences shall be erected without approval by the 2/3 majority vote of the Association.
Section 3. Clearing for dwelling and buildings and general preservation of the habitat. The owner may clear up to one acre around the dwelling, provided that a plan for such clearing is approved by a 2/3 vote of the Association. Approval shall not be unreasonably withheld but shall be based upon the following principles:
- Minimal disturbance of trees.
- Minimal disturbance of native shrubs, bushes, and wildflowers
- Building Sites. Reasonable efforts will be expended to choose building sites which require as little grading and/or excavation as possible. Use of heavy equipment is discouraged whenever possible.
- Obvious natural animal habitats may not be disturbed in clearing, e.g., fox dens, springs, wet weather streams.
- Surface water may not be polluted in any way; impounding or altering channel flow is prohibited without consent of the 2/3 majority vote of the Association.
- Large rocks and boulders may not be removed from Chestnut Tops community or shifted for landscaping without permission of the 2/3 majority vote of the Association.
- Hiking trails and nature walks are encouraged. Trails must be constructed and maintained in such a manner that erosion is prevented and with minimal destruction of the habitat. Hiking trails from time to time will be proposed be the Association. Trails will be located away from dwellings so as not to infringe on the privacy of dwellings. The right of Owners by mutual consent to construct trails to connect dwellings on adjacent properties shall not be denied by any restrictions mentioned in this paragraph.
- Firewood. Owners can cut firewood for their own use. It is anticipated that most private needs can be served by windfalls and other deadwood. If none is available, live trees can be cut. The use of dead wood for erosion control shall not be impeded.
ARTICLE XIII
SIGNS
No sign shall be erected or maintained on any Tract, except one with the name of the family or homestead, which will be in good taste and in keeping with the rustic nature of the Community. A Chestnut Top sign will be maintained at the entrance to the Community. This sign will be small and in keeping with the private nature of the Community and not ostentatious. Small for-sale signs and Realtor signs are permitted at the entrance.
ARTICLE XIV
UNSIGHTLINESS OF VEHICLES
No abandoned cars, trucks, or other vehicles of any type shall be allowed on any tract. No vehicle in an inoperative condition shall be kept in an area open to the view of the public or other property owners for a period in excess of thirty (30) days. In the event of violation of this item, such vehicle may be removed by the Association at the expense of the Owner of the Tract on which the vehicle is located. No mobile home, house trailer, manufactured homes or other vehicle with wheels intended for the permanent dwelling shall be permanently parked or maintained on any Tract. In the event of violation, such mobile home, manufactured home, etc. may be removed by the Association at the expense of the Owner of the Tract. Operational travel trailers, recreational vehicles and boats are permitted so long as the same is not used as a dwelling.
ARTICLE XV
PERSONAL MAINTENANCE EQUIPMENT
All tractors, mowers and other farm or yard maintenance equipment and other similar items shall be stored out of view of other Tract Owners.
ARTICLE XV
SUBDIVIDING TRACTS
No Tract, other than a Tract owned by the Developer, may be further subdivided unless approved by a 2/3 majority vote of the Association. Developer retains right to subdivide and create new tracts which shall be given the right to vote as described in Article III above. A Tract which can be further subdivided shall be assessed as one Tract for purposes of determining assessment of maintenance fees until such time as subdivision right is exercised.
ARTICLE XVI
TEMPORARY STRUCTURES
No temporary structure of any kind, including tent, trailer, mobile home, or manufactured home shall be placed or constructed on any tract at any time.
ARTICLE XVII
NUISANCE
No illegal, noxious or offensive activity shall be permitted or carried out on any Tract, nor shall anything be permitted or done thereon which is or may become a nuisance or a source of embarrassment, discomfort, or annoyance to the neighborhood. Hunting is specifically prohibited. Discharge of firearms and target practice are specifically prohibited except for self protection or occasional testing. Turkey shoots and other community oriented activities involving firearms may be held with approval of the Advisory committee. Joy riding with motorcycles, all terrain vehicles, motorbikes, dune-buggies and any other vehicle is prohibited. Loud vehicles of any kind are prohibited.
No commercial activity of any kind may be conducted from a dwelling unless approved by the Association.
No trash, garbage, rubbish, debris, waste material, or other residue shall be deposited or allowed to accumulate or remain on any Tract.
ARTICLE XVIII
WILDLIFE REHABILITATION
There shall be allowed facilities for the care and rehabilitation of injured wildlife such as bears and birds of prey.
ARTICLE XIX
MISCELLANEOUS RESTRICTIONS
Trash, garbage, or other waste shall not be kept except in bear proof and sanitary containers. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition and placed in such a position as to be screened from view by neighbors.
Satellite dishes shall be permitted on any tract but shall be placed in such a position as to be screened from view by neighbors.
There shall be no antennae or towers higher than 30 feet in height.
Tennis courts and swimming pools are permissible and must conform to standard codes.
Residents will be permitted to use flood lights and other low-directed lights. Under no circumstances shall a security light on a power pole be permitted unless it is equipped to switch on with a motion detector or is used for temporary security or temporary illumination. Routine, all night burning is expressly prohibited.
Household pets are permitted provided said pets do not become a nuisance to other property owners, and subject to the following conditions: (a) dogs, cats and other house hold pets may be kept or maintained provided that they are not kept, bred or maintained for commercial purposes or resale; (b) poultry, fowl, birds or small animals other than dogs or cats may be kept subject to prior approval by a 2/3 majority vote of the Association and to maximum number to confinement and maintenance guidelines.
A septic and or a sewage disposal facility constructed in accordance with the requirements of the Tennessee State Board of Health shall be installed before any permitted dwelling on a Tract shall be occupied. All sewage from the Tract shall be turned into such sewage disposal facility and the same shall be continuously maintained in a proper state of sanitation by the Tract Owner. The effluent from such septic and or sewage disposal shall not be permitted to discharge into a stream, open ditch or drainage unless first it has been passed through an absorption field approved by the public health authority.
ARTICLE XX
PARTICIPATION OF PROPERTY OWNERS IN STEWARDSHIP OF CHESTNUT TOP COMMUNITY
Property Owners are expected to participate in the Association. From time to time the Association shall propose routine maintenance projects and special projects.
ARTICLE XXI
ROAD MAINTENANCE
Responsibility for maintenance of the private entrance roads to be used as a means of access from Flats Road to tracts conveyed to others and to property retained by the Developer shall be borne by the Association upon the conveyance of the private roads to the Association by the Developer.
ARTICLE XXII
AMENDING THIS DECLARATION
Any part of this declaration may be amended by two thirds majority of members eligible to cast 100% of the vote.
In Witness Whereof, the Developer has executed this instrument the day and year first above Written.
For More Information, Contact:
G. Douglas Cox
P.O. Box 4506
Maryville, TN 37802
Voice:
865.982.9089 (home)
865-386-6392 (cell)
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