Protective Covenants and Restrictions PIat Book 64, Page 49,
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Cobb County Records Independence Square Subdivision Effective May 15, 1975, Amended December 22, 1989, Amended March 30, 1996
(1) Any individual(s) purchasing a home in the Independence Square Subdivision at any time following December 31, 1989 is subject to membership in the neighborhood homeowners association (includes the association’s swim and tennis club). An initiation fee will apply if the previous homeowner seller) is not an association member.
(2) WHEREFORE, BE IT KNOWN that henceforth and for all time hereafter, until rescinded by the Association, the INDEPENDENCE SQUARE CIVIC AND RECREATION ASSOCIATION. INC., shall be governed by and act in full accord with the provisions of the Georgia “Property Owner’s Association’ Act as set forth in Chapter 3 Article 6, Sections 44-3C20. et. Seq., of the Official Code of Georgia Annotated and as amended from time to time.
(1) ALL PLANS SHALL BE SUBMITTED TO THE BOARD FOR APPROVAL BEFORE COMMENCING CONSTRUCTION. IF SAME ARE NOT APPROVED OR DISAPPROVED WITHIN THIRTY (30) DAYS FROM THE DATE SUBMITTED. THEN THE SAME SHALL BE CONSIDERED APPROVED BY DEFAULT.
Existing residences are approved by default. New home construction and/or modifications to a home or property which would in any way affect the appearance of a residence must he approved by the Board prior to construction. A written description, diagram or drawing must he submitted to the Board who shall act within thirty (30) days from the date submitted. If no action is taken, the plans will be considered approved by default. Plans are to be submitted in accordance with the instructions provided with this document. This provision does not pertain to landscaping. This provision, in conjunction with paragraph number 8 below, does pertain to repainting your residence a different color as more fully described below.
(2) NO NOXIOUS HOBBIES, SIDELINE BUSINESSES OR OTHER PURPOSES HARMFUL TO PROPERTY OWNERS SHALL BE ALLOWED.
A noxious hobby is one which interferes with your neighbors’ peaceful enjoyment of their property. This would include any activity which would generate an unusual amount of noise, odor, traffic congestion, electrical interference, or the like. Such hobbies or businesses would 13 include, but not be limited to, the operation of ham radio equipment, the keeping of animals not customarily viewed as household pets, breeding animals in large quantities, conducting a business which would generate a large amount of traffic, shooting a weapon at a target, etc. The phrase "other purposes harmful to the property owners" is a catch-all designed to preclude any homeowner from taking any action which would in any way tend to diminish the value of property in the neighborhood. This would include not maintaining the exterior of your residence
as to permit it to fall into an obvious state of disrepair, not maintaining the yard area of your property so as to permit it to fall into a general state of disrepair or otherwise keeping your property in such a manner so as to be an eyesore or otherwise decrease the aesthetic value of the general neighborhood. It is suggested that before engaging in any hobby or sideline business which would, as described above, tend to interfere with your neighbor, that you discuss this with the Board for written approval. This will help avoid substantial investments in equipment which ultimately could not be used because of its violation of this restriction.
(3) GARBAGE CONTAINERS SHALL BE BURIED OR HIDDEN FROM VIEW FROM STREET AND ADJACENT PROPERTY OWNERS.
Any container for garbage cannot be kept outside of your house unless it is installed in the ground or hidden from view by the use of fencing, shrubbery or the like.
(4) NO CLOTHESLINES THAT CAN BE SEEN SHALL BE PERMITTED.
Unless your house is situated so that a clothesline could not be seen from any adjacent
property owner or from any street within the subdivision, then no clotheslines are permitted, of either a temporary or permanent nature.
(5) EXPOSED CONCRETE BLOCK NOT ALLOWED UNLESS EXPRESSLY APPROVED IN WRITING BY AN OFFICER OF THE BOARD.
New construction, as contemplated in paragraphs numbered 1 and 8 of the restrictions, cannot use exposed concrete block unless it is approved by the Board. Approval for the use of exposed concrete block will be given only when construction contemplates covering the exposed concrete block with other materials.
Construction utilizing exposed concrete block would include landscaping, decking, patio or other additions or alteration to your residence.
(6) NO METAL FENCES SHALL BE INSTALLED IN FRONT OF 50 FOOT BUILDING LINE. ANY FENCING IN FRONT OF 50 FOOT BUILDING LINE HAS TO BE APPROVED BY THE BOARD.
Each residence in Independence Square is built on the 50 foot building line. No fencing of metal, wire or substance of like nature is permitted in the front of your residence. For those persons on corner lots, this would include any fencing which would he 50 feet from either street bordering your property. No approval is required for fencing in the rear of your residence. 14 Any fencing contemplated to he placed in front of the 50 foot building line must he submitted through description to the Board for approval, this would include partial fencing such as rail fencing in the corners of yards, between yards, and the like. All existing fencing as of the date of these guidelines are approved by default.
(7) NO FRONT ENTRY CARPORTS SHALL BE ALLOWED. FRONT ENTRY GARAGES WITH GARAGE DOORS WILL BE ACCEPTABLE.
As a practical matter, this would pertain to new construction. However, anyone contemplating additional garage or carport area must follow the restrictions. No front entry carports can be added to your residence. Rear entry carports can be added to your residence, along with other garage areas so long as plans arc approved in accordance with paragraphs numbered 1 and 8 of the restrictions.
(8) EXTERIOR MATERIALS AND EXTERIOR FINISHING SCHEDULE MUST SE SUBMITTED TO THE BOARD FOR APPROVAL PRIOR TO THE INSTALLATION OF SAID MATERIALS AND FINISHES. SAMPLES OF THESE MATERIALS AND FINISHES MUST BE SUBMITTED AS REQUESTED. IF SAME ARE NOT APPROVED OR DISAPPROVED WITHIN THIRTY (30) DAYS OF THE DATE SUBMITTED. THEN SAME SHALL BE CONSIDERED APPROVED BY DEFAULT.
As indicated in paragraph numbered 1, new construction or exterior alterations to your
residence must be approved by the Board. This includes a description of the appearance the exterior will have by describing the materials to he used including color. Each case is
evaluated on its own merits. However, as general guidelines, all exterior modifications must be generally compatible with the exterior design of the residence and the general appearance of the neighborhood. All exterior finishing materials must he pleasing to the eye, compatible with the existing residence and the general neighborhood. For example, one exterior finishing material, exposed concrete blocks is not allowed as set forth in paragraph numbered 5. Paint colors and color changes to your residence must also be approved by the Board. As a matter of course, colors and color schemes as presently existing in the neighborhood will be customarily approved. Unusual colors for exteriors such as purple, fire engine red, lime yellow, pink and the like will require an approval by the Board and must be submitted by proposal in accordance with the instructions accompanying this guideline.
(9) TRAILER, CAMPERS, TRUCKS, TRAVEL BUSES OR ANY SUCH EQUIPMENT MUST BE PARKED IN REAR OF HOUSE AND A NATURAL SCREEN OF SHRUBS AND TREES IS TO BE PROVIDED BY THE HOMEOWNERS. THIS SCREENING IS TO BE APPROVED IN WRITING BY THE BOARD PRIOR TO INSTALLATION.
It is the intent and purpose of this restrictive covenant to make such vehicles as unnoticeable as possible to the neighborhood. Yard ears, heavy construction equipment, and other such automotive and construction equipment are strictly prohibited. To the extent allowed herein, recreational vehicles must be properly kept up, adequately maintained, parked aid located as described herein and enclosed as required by the restrictive covenant. Boats and other such water vehicles are deemed to be recreational vehicles and are subject to the restrictions on such vehicles. Failure to comply will result in the steps outlined herein being implemented and enforced. 15 Trailers, campers, trucks, travel buses or other such recreational equipment must be parked in a manner in the rear or to the side of your house so as not to be visible to any property owner within the subdivision. Visibility within the subdivision is deemed to encompass all homeowners within the subdivision. Secondly, these vehicles as parked must be enclosed by natural screening of shrubs and trees or such approved screening which is to be purchased by the homeowner. A natural screening of shrubs and trees means a screening that blends in with the landscape and the design located within the general neighborhood. The ‘natural screening may include items other than shrubs and trees such as an enclosed storage facility’ that meets existing exterior restrictions or appropriate fencing. All such screening is subject to the approval of the Board. The parking and location of such vehicles at the homeowner’s home and the screening provided therefore must be approved by the Board prior to installation. Following approval of the completed installation by the Board, the Board will issue its letter of compliance. Please note that the provisions of paragraph numbered 1, 5 and 8 apply to all structures erected on your property, including storage structures, kennels and pools.
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