Synopsis of Key Sections of Poplar Creek Estates Covenants and Restrictions

The Board of Directors

Preamble: All property owners are subject to the Covenants and Restrictions when deed is taken to their property, and they agree to the terms and conditions.

ARTICLE 1: Ten (10) definitions of terms used throughout the thirteen page document.

ARTICLE 2: Properties subject to the Covents and Restrictions.

ARTICLE 3: Property use requirements. Homeowners must submit in writing any exterior improvements to their property before construction can begin. An Architectural Review Committee (ARC)reviews any new structure or exterior change to be erected, placed, altered or moved upon any lot in PCE. All property owners must submit plans for these improvements before erecting same. The ARC has the authority to review and approve not only the improvements to the exterior residents' homes, but workmanship, materials, placement of materials, energy conservation, harmony of exterior design, finshed grade level and appropriateness within the existing community. Improvement may include but are not limited to decks, porches, play areas, major landscaping improvements such as terracing, steps, swimming pools, hot tubs, sporting equipment, driveways, initial landscaping for new construction.

Property Use requirements:

Single family residential purposes only.No noxious or offensive activity may be carried on, nor anything done on the property that may be considered an annoyance or nuisance to the neighborhood. Minimum of 1800 sqaure feet, excluding basements, garages, porches, etc. Construction Materials: 80% brick exterior, excluding chimneys. Architectural Committee must approve original construction.

Garages and Parking: Driveways must allow for two offstreet parking places. 

Parking of any boats or other large vehicles shall be off the street and shall be in the garage, to the side or rear of the home.

Temporary Buildings: None allowed: This includes, storage, trailers, mobile homes, basement, tents, shack, garage, barn. Dog houses must have the approval of the ARC.

Lawns-Yards: Must be kept neat and orderly.

Shrubbery must be trimmed to avoid excessive heights; dead shrubs,broken tree limbs and rubbish must be removed promptly. Grass may not exceed 8 inches in height.

If these restrictions are not complied with by the property owner, the Association or ARC, after having reasonably requested removal by the owner, may enter upon the property to cut the grass, trim shrubs, or clean up the lot, and the owner shall be responsible for the cost of same. A lien may also be placed upon the property by the Association.

POPLAR CREEK ESTATES COVENANTS & RESTRICTIONS ARTICLE III Property Use Requirements Section One. Approval Requirements

1. Description of the Structure of Architectural Review Committee.

2. No structure of any kind, building, improvement or exterior change of such shall be erected, placed, altered or moved upon any lot in Poplar Creek Estates unless and until the plans, details and specifications for said erection, placement, moving, alteration or construction, together with a plot plan showing the location of such structure, building, landscaping, or alteration have been submitted to an approved by the Architectural Review Committee.

No fence, shield or wall shall be erected, placed or altered, on any lot in Poplar Creek Estates until the plans and specifications and plot plans showing the location of such have been submitted to and approved by the Architectural Review Committee.

3. The approval power of the Architectural Review Committee concerning the items listed in this Article III shall include not only such items themselves but also the proposed workmanship, materials, placement of materials, energy conservation, harmony of exterior design (including both texture and color), finished grade level and appropriateness with the existing community.

4. The approval of the Architectural Review Committee herein required shall be requested in writing before any construction, erection, placement, alteration, change of exterior appearance or movement of structures is commenced. In the event the Architectural Review Committee fails to approve or disapprove submitted plans and specifications within forty-five (45) days after submission, approval will not be required and this Article will be deemed to have been fully met.

Section Two. Use Requirements and Restrictions

1.Single Family Residential Purposes Only. Lots in this subdivision shall be known and described as single family residential lots and shall be used for single family residential purposes only, and for no other purpose. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

2. Finished Floor Area Minimum 1,800 square feet.

3. Construction Materials Eighty percent (80%) brick, excluding chimneys Brick to grade completely encompassing residence. Architectural Review Committee has sole discretion to approve home construction completely of dryvit.

4. Garages and Parking Each residence shall be required to have an attached or basement garage facility. Each resident shall be required to have at least two off street parking places for each residential lot. Parking facilities shall be on the same residence as the lot served and may be located in either the rear or side yard of said residential lot.

Parking of any boats or other large vehicles shall be off the street and shall be in the garage, to the side or rear of the home.

5. Temporary Buildings No temporary building, trailer, mobile home, basement, tent, shack, garage, barn or any other type of temporary or partly finished building or structure shall be erected or placed upon any lot for any purpose. Exception: Construction office for purposes of developing lots in the subdivision.

6. Lawns-Yards The owners of lots, including ones on which construction has not commenced, or occupants of residences thereon shall keep and maintain such lots in a neat and orderly fashion, causing the shrubbery to be trimmed to avoid excessive heights, promptly removing dead shrubs and broken tree limbs, cutting grass and removing rubbish. Grass shall not be allowed to exceed the height of eight (8) inches. If the owner of a lot or occupant of a residence thereon, after notice in writing from a Developer, the Homeowners Association or the Architectural Review Committee (any of which are referred to as the noticing entity) shall fail and refuse to comply with a reasonable request to observe this restriction, the noticing entity or its appointees may enter upon such lot for the purpose of cutting grass, trimming shrubs or cleaning up the lot, if the same be reasonably required, charging the expense thereof to the owner of the lot or the occupant of the residence thereon. In such case, the noticing entity shall be entitled to the benefits of a mechanic�s lien.

7. Animals, Birds and Pets No poultry, livestock or animals, other than house pets, shall be kept or maintained on any lot. Dogs or cats may be kept upon a lot as pets only. They shall not be kept, bred or maintained for sale or any commercial use or purpose. Pets shall be sheltered inside residential or garage structures and no doghouse or other separate animal shelter shall be constructed outside, unless approved by the Architectural Review Committee.

8. Commercial Activity No business, trade, profession or commercial activity or calling of any kind shall be conducted in any building or on any lot or lots, provided that this restriction shall not be construed so as to interfere with the right of members of recognized professions to receive the usual and ordinary calls at their homes though they shall not maintain offices for the sale of goods, regular consultation or treatment in their home.

9. Signs No solicitation, signs, advertisements, billboards, or advertising structures of any kind shall be erected or maintained on any lot or building site, except with the prior approval in writing of the Developers; provided, however, that there shall be allowed one advertising sign, which sign shall not be more than eight square feet of area, so long as such is used for the sole and exclusive purpose of advertising for sale the lot or building upon which it is erected.

10. Prohibitions Satellite dishes are prohibited unless expressly authorized by the Architectural Review Committee along with a landscaping plan for the placement of such. Clotheslines are expressly prohibited. No fence shall be constructed of any material except wood and such shall not extend beyond the front corners of any residence. All metal storage buildings are prohibited. Outbuildings of any description are prohibited; however, the Architectural Review Committee has the authority, in its sole discretion, to make exceptions to this prohibition. Application for such exemption must be made in accordance with this Article.

11. Driveways, Walkways and Mailboxes Driveways and walkways to be made of exposed aggregate concrete. Mailboxes to be constructed of brick or a mailbox which is style "F" from Herndon & Merry Co., Nashville, Tennessee or such other company carrying the same mailbox, painted "Black" in color and lettered in the "White Roman" style, including the address and street name only.

12. Lots Altered. Lots may not be subdivided, re-subdivided, altered or changed so as to produce less area than established on the Plat of the subdivision without County Planning Commission approval.


Covenant for Maintenance Assessments

Section One. Monthly or Annual Assessment for Maintenance Fund Owners covenant by acceptance of a deed to agree to pay to the Association monthly or annual assessments or charges of the creation and continuation of a maintenance fund in the amount levied by the Association�s Board of Directors.

Section Two. Purpose of Assessments.

Section Three. Creation of the Lien and Personal Obligation of Assessment.

Section Four. Exempt Property.

Section Five. Assessments Prior to Activation of the Association.

Section Six. Special Assessments In addition to the monthly or annual assessments, the Association may levy, in any assessment year, a special assessment applicable to that year only, provided that any such assessment shall have affirmative votes of not less than a two-thirds (2/3) majority of a meeting of the Members, held after not less than five (5) days notice in writing.

Section Seven. Date of Commencement of Annual or Monthly Assessment; Due Dates; Certificate of Payment. Assessments set by the Board of Directors.

Section Eight. Effect of Non-Payment of Assessment; Remedies of the Association. On any assessment not paid by the due date, the Association, its agent or representative, may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Site to which the assessment relates. Interest, costs and reasonable attorney�s fees for such action or foreclosure shall be added to the amount of such assessment to the extent allowed by law. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Areas or abandonment of his lot.

Section Nine. Subordination of the Lien to Mortgages Liens are subordinate to deeds of trust (mortgages.) However, no sale or transfer shall relieve a Site from liability for any assessment thereafter becoming due or from the lien thereof.

Section Ten. Failure to Maintain Common Areas. If the Association fails to maintain the common areas in reasonable condition, the Metropolitan Zoning Administrator may serve written notice on the Association and lot owners for a public hearing. That Administrator may require the appropriate maintenance of the common areas and take it over if not properly done. The Administrator may assess homeowners proportionately for the maintenance of the common areas.