SugarMill Plantation Covenants

Article I – Definitions


Section 1 – “Articles” shall mean and refer to the Articles of Incorporation of the Association as amended from time to time.

Section 2 – “Association” shall mean and refer to SugarMill Plantation Owners Association, Inc., its successors and assigns.

Section 3 – “Bylaws” shall mean and refer to the By-laws of the Association as amended from time to time.

Section 4 – “Common Property” shall mean and refer to all real Property which is owned by the Association and designated in the deed as “Common Property” and such improvements thereon as are specifically conveyed to the Association. The term “Common Property” shall also include any personal property acquired by the Association, if the personal property is designated as “Common Property,” as well as certain easements conveyed to the Association.

Section 5 – “Common Expenses” shall mean and refer to those items of expense for which the Association is or may be responsible under this Declaration.

Section 6 – “Declarant” shall mean and refer to SugarMill plantation Development Corporation, its successors and assigns, if such successors or assigns Should acquire more than one undeveloped Lot or parcel of undeveloped Property from the Declarant for the purpose of development and provided that such rights as Declarant are specifically assigned to the successor or assign and such successor or assign shall specifically assume the obligations of Declarant under the Declaration, Articles and Bylaws.

Section 7 – “Declaration” shall mean and refer to this SugarMill Plantation Declaration of Covenants, Conditions, Restrictions and Easements (Residential) applicable to the Property as recorded in the public records of Camden County, Georgia and amended from time to time.

Section 8 – “Lot” shall mean and refer to any unimproved plot of land shown upon any recorded subdivision plot of the property.

Section 9 – “Member” shall mean and refer to those persons entitled Class “A”, “B”, and “C” Membership in the Association as provided in the Declaration and Articles.

Section 10 – “Holder” shall mean and refer to any institutional holder of a first deed to secure debt on any portion of the Property as security for the performance of an obligation; an insurer or guarantor of such deed to secure debt, including without limitation, the Veterans Administration (“VA”) or Federal Housing Administration (“FHA”) and/or a purchaser of such deeds to secure debt in the secondary market including without limitation, Federal National Mortgage Association (“FNMA”) and governmental National Mortgage Association (“GNMA”); and the Declarant, if it is holding a first deed to secure debt on any portion of the Property.

Section 11 – “Multi-Family Residential Unit” (“MFRU”) shall mean and refer to any Unit within the Property which is zoned for residential use and for which the applicable land use designation permits more than twelve Units per acre. MFRU may also refer to a condominium unit, apartment, townhome or other such dwelling unit which is constructed at a density of more than twelve such units per acre.

Section 12 – “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Unit which is located on the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 13 – “Property” or “Properties” shall mean and refer to that certain real property described in Exhibit A together with improvements thereon, (except such improvements, the title of which are reserved by the Declarant or its assignees,) and such additions to the Property as may hereafter be brought within the jurisdiction of the Association by annexation of such parcel of land pursuant to the provisions of Article VIII.

Section 15 – “Single Family Residential Unit” (“SFRU”] shall mean and refer to any Unit within the Property which is zoned for residential use and for which the applicable land use designation permits twelve or less Units per acre.

Section 16 – “Subdivision” shall mean and refer to a parcel of land within the Property which is subdivided into Lots in accordance with the applicable state and local law. The use of Lots in a Subdivision may be subjected to this Declaration as well as its own declaration of restrictive covenants (“Subdivision Declaration”) and governed by its own association (“Subdivision Association”) in addition to the covenants contained in this Declaration or such Subdivision may be subjected only to the covenants of this Declaration by recording of a Supplemental Declaration and shall be governed by this Association. For purposes of this Declaration, an apartment complex or other grouping of Multi Family Residential Units shall also be deemed a “Subdivison.”

Section 17 – “Unit” shall mean and refer to the improvements made to any Lot or portion of the Property which are for residential purposes including both a SFRU or MFRU and unless specifically set forth to the contrary, references to “Unit” shall include both types of Units.

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