2.1 — Key Terms

“Owner” — the record owner of title to any lot. “Property” — the real property described in this Declaration and any later additions brought under the Association. “Lot” — any plot of land shown on a recorded subdivision map of the properties. “Appearer” — Walter R. Bankston and Associates, Inc., the developer, and its successors and assigns. “Association” — The Shadows at White Oak Homeowners Association, created by this document.

3.1 — Written Approval Required

No building, fence, wall, or other structure may be commenced, erected, or maintained on the properties, and no exterior addition, change, or alteration may be made, until plans and specifications showing the nature, kind, shape, heights, materials, and location have been submitted to and approved in writing by the Architectural Control Committee.

3.2 — The Committee

The Committee has three members, elected annually by a majority of all property owners in The Shadows at White Oak Subdivision. It reviews plans for compliance with these restrictions and for architectural and aesthetic compatibility with the subdivision, approves or disapproves exterior building materials, and may grant waivers or deviations it deems appropriate for sound architectural reasons.

3.3 — Submitting Plans

One set of plans, including the plot plan and specifications, must be delivered to the Committee for approval. If the Committee fails to approve or disapprove within fifteen (15) days of submission, approval is not required and this article is deemed fully complied with.

3.4 — Limits of Approval

Approval is not a guarantee of soundness or usefulness, and no liability is incurred by the developer or the Committee as a result of approval. The Committee does not warrant soil conditions — foundations must be properly designed by the builder, an architect, or an engineer. Approval covers appearance only, not structural design or engineering.

4.1 — Residential Use Only

All lots are designated residential: no commercial purposes, no apartment houses, and no more than one single-family residence with an accessory building per lot. No factory-built, modular, or mobile-home construction may be erected or placed on any lot.

4.2 — Home Size & Garages

Living area is computed on mechanically heated and cooled square footage, excluding garages, carports, breezeways, porches, terraces, patios, and overhang. Single-story homes: minimum 2,000 sq ft of living area and no less than 2,500 sq ft total roofed area. One-and-a-half and two-story homes: both minimums increase by 200 sq ft. Covered parking in front must be an enclosed garage with the door on the side; rear covered parking may be garages or carports; corner-lot parking facing the side street must have garage doors. Garages and carports set back at least 20 feet from the sideline for adequate turning.

4.3 — Building Setbacks

Front setbacks are as shown on the final plat. Side-line setbacks are 8 feet. Rear-yard accessory buildings: 5 feet from side lines and 10 feet from the rear line. No building or accessory building may encroach upon any servitude. Maximum setbacks are determined by the Architectural Control Committee to keep homes harmonious and private.

4.4 — Animals

No animals, livestock, poultry, or birds of any kind may be raised, bred, or kept on any lot — except dogs, cats, and other household pets, provided they are not kept, bred, or maintained for commercial purposes.

4.5 — Lots, Lawns & Sewer

No trash, ashes, or refuse may be thrown or dumped on any vacant lot. Grass, weeds, and vegetation must be kept mowed at regular intervals; if the owner does not mow, the developer or Association may mow and bill the owner for the cost. No building materials or equipment may be stored on a lot except during actual construction, and no vacant lot may be used for gardening or farming except non-commercial flowers and shrubbery. Every residence must connect to the sanitary sewer system — no other method of sewage treatment may be installed.

4.6 — Nuisances & Signs

No noxious or offensive trade or activity may be carried on, nor anything done which may become an annoyance or nuisance to the neighborhood. No signs of any kind may be displayed except “Real Estate” signs not exceeding five (5) square feet.

4.7 — Fences

Only decorative, permanent-type fences are allowed, and the Architectural Control Committee must approve the type and location of every fence. A fence on a drainage servitude cannot impede or alter the drainage of storm water.

4.8 — Satellite Dishes

A television satellite dish may be installed provided it sits within the rear twenty-five (25) feet of the lot, and the Architectural Control Committee must approve its location.

4.9 — Oil, Gas & Mining

No oil drilling, development, refining, quarrying, or mining operations are permitted on any lot, and no derrick or boring structure may be erected — though lots may be explored and produced by wells located outside the subdivision.

4.10 — Resubdivision

Lots may not be resubdivided from the dimensions on the official recorded plat, except that three (3) lots may be resubdivided into two (2) building sites. Using more than one lot for one residence is permitted.

4.11 — Vehicles & Parking

No vehicle of any kind — auto, boat, trailer, camper, or bus — may be stored or repaired on the street or on any part of a lot closer to the street than the rear of the house, or in any unsightly or offensive location. No motor homes, trailers, school buses, boats, or trucks larger than pickups may be parked on the street or in front of the rear line of the house.

4.12 — Mailboxes

All lots use the designated “Shadows at White Oak Subdivision Mailbox,” whose design, construction, material, and color are set by the developer. Purchase and maintenance of the mailbox are each owner's responsibility and cost.

5.1 — Organization

The Association was to be formed by the developer by the time 95% of all lots were sold. The developer appointed the first board — a President, Vice President, Secretary, Treasurer, and two other residents — who served for one year, after which the homeowners elect officers and board members by majority vote.

5.2 — Membership & Voting

Every lot owner is a member; membership is appurtenant to lot ownership and cannot be separated from it. Each lot carries one (1) vote — co-owners decide among themselves how their lot's vote is cast, and no lot may cast more than one.

5.3 — Responsibilities & Authority

The Association elects officers and conducts its own affairs, enforces every covenant and restriction, serves and represents owners in public matters and hearings affecting the subdivision, and acts in any other capacity the majority of owners approve. It holds the authority to establish assessments and dues under Article VI.

6.1 — The Obligation

By accepting a deed, every owner agrees to pay the Association annual assessments, dues, and special assessments. These — together with interest, costs, and reasonable attorney's fees — are a continuing lien on the lot and the personal obligation of whoever owned it when the assessment fell due.

6.2 — Purpose of Dues

Assessments are used exclusively to promote the recreation, health, safety, and welfare of residents, the security of the subdivision, the maintenance of the boulevard median at the entrance, and any other areas approved by the Association.

6.3 — How Dues Are Set

Dues are established by a majority vote of the total membership, taken at a meeting called that purpose with written notice sent to all members at least fifteen (15) and not more than thirty (30) days ahead; fifty percent (50%) of members or proxies constitutes a quorum at the first such meeting. The Board of Directors fixes the amount at least thirty (30) days before each annual assessment period, sends written notice to every owner, and sets the due dates.

6.4 — Assessment Rates

Annual dues and special assessments are fixed at twenty-five percent (25%) of the rate for unoccupied lots and one hundred percent (100%) for occupied lots.

6.5 — Late Payments & Liens

Any assessment unpaid within thirty (30) days of its due date bears interest at ten percent (10%) per annum. The Association may sue the owner or record and foreclose a lien, and the owner is then responsible for twenty-five percent (25%) attorney's fees plus all court, recording, and cancellation costs. No owner can escape liability by non-use or abandonment of a lot. The assessment lien is subordinate to any first mortgage.

7.1 — Enforcement

The Association or any owner may enforce these restrictions, servitudes, liens, and charges by legal proceedings — including mandatory or prohibitory injunction without the necessity of posting bond — and may recover damages. Failure to enforce any provision at any time is never a waiver of the right to enforce it later.

7.2 — Duration & Amendment

These restrictions run with the land for twenty-five (25) years from July 8, 1994, then automatically extend for successive ten (10) year periods. Before the Association was formed, the developer could amend them alone; after formation, amendment takes a written act executed by a majority of lot owners, with the developer's written consent required on the amendment document.

7.3 — Notices & Severability

Any required notice is properly given when mailed, postpaid, to the owner's last known address as it appears in the public records. If any provision is invalidated by judgment or court order, every other provision remains in force.

8.1 — What It Corrects

The original 1994 declaration mistakenly described the property as “Lots 1 through 206” of The Shadows at White Oak Subdivision. The Act of Correction, recorded September 16, 1998 (Orig. 73, Bundle 10935), amends the description to Lots 1 through 51, per the First Filing final plat dated July 22, 1994 (Orig. 825, Bundle 10527). This declaration therefore governs Lots 1–51.

8.2 — The 1999 Amendment

A separate amendment recorded December 9, 1999 applies to both the First and Second Filings. It established the “Appointment Period” — during which the developer appointed the board — renamed the association The Shadows Community Homeowners Association, extended the Association and its recreation area across The Shadows at White Oak (all filings) and Shadows Lake, set assessment timing for builder- and developer-owned lots, and gave the developer the right to mow unsightly lots at the owner's expense after ten (10) days' notice.