Turtle Cove

Property Owner's Association

Telephone:  (706) 468-8805
Fax:  (706) 468-9355

E-Mail:  turtlecovepoa@bellsouth.net

3.01  Nature and Ownership of Common Properties

(a)  General Provisions - Unless expressly dedicated to the public, all Common Properties depicted on the recorded plats are, and shall remain private.  The Developer covenants for itself, its heirs, successors and assigns; (i) to set aside certain lands as Common Properties as set forth in the various plats to be recorded, (ii) to improve the Common Properties; (iii) to open the Common Properties to the common use and enjoyment in conformity with Subsection 3.02 below; and (iv) to convey, by warranty deed, a fee simple title to the Common Properties to the Association subject to the covenants, restrictions and easements of record, in accordance with the standards and timetable specified in the following subsections.

(b)  Grounds - (i.e., permanent green areas and other open spaces to be used for recreational purposes and for preservation of the environmental qualities of the development).  The Developer shall set aside natural corridors for the preservation of open spaces.  These natural corridors involve both shoreline and offshore areas and shall, to the extent feasible, be interconnected through offshore grounds set aside as part of the Common Properties.  These natural corridors shall also, to the extent feasible, connect residential subdivision or camping areas to commonly-owned facilities and shoreline.  Conveyance of tracts reserved for Facilities shall be in accordance with the timetable for the transfer of the Facilities themselves.

(c)  Facilities - (i.e., buildings or other improvements for administrative, maintenance, service or recreational purposes, with the tracts of land on which they are situated).  The type, location and scheduled completion of Facilities are outlined on Table 1.  The Developer shall have the right to establish and build Facilities on any addition made from the Additional Property.  Unless this Declaration provides to the contrary, the Association shall have the right subsequently to establish the following additional Facilities as part of the Common Properties:  marina areas; swimming beaches, beach houses and docks; game fields and trails; and equipment storage areas or sheds.  Unless this Declaration provides to the contrary, the Association shall have the right to expand any originally established Facility, or reduce, reasonably modify the character of, close or remove, any originally or subsequently established Facility.  Land may be withdrawn from the Grounds only for the above two purposes and within the limits established by the Architectural and Environmental Control Committee of the Association.

In the event that the Association elects, by a vote of at least two-thirds (2/3) of its membership, to close or discontinue operation and maintenance of any Facility originally established on the Existing Property (see Table 1) any such Facility shall revert to (a) first the Developer, who shall have the option to continue operation and maintenance of the Facility, or (b) secondly, should a Facility be removed, the land on which it was situated shall become part of the Grounds, in which case such areas will be afforded maintenance and protection as set forth elsewhere in this document.

3.02  Use and Enjoyment of the Common Properties

Each and every Member, his family members, and guests residing with him in his household shall have the right to use and enjoy the Common Properties, subject to the restrictions stated in this Declaration and other reasonable regulations which the Board shall have the right to prescribe.  The Board and the assigns of the Association shall have the power to impose and collect reasonable fees for the use of those facilities for which a user-fee is deemed necessary.  In the event that the Developer or the Board elects to make certain facilities available for public use as well as the use of Members and the families and guests of Members, any fee schedules established for such facilities will be graduated to reflect preferential treatment in favor of (1) Members and their immediate families; (2) guests of Members; and (3) the general public, in that order.  The Board shall have the power to suspend a Member's right to use and enjoy the Common Properties for any period not to exceed thirty (30) days for any infraction of the restrictions stated in this Declaration or its published regulations for the use and protection of the Common Properties.

3.03  Protection and Preservation of Common Properties

For the duration of the covenants and restrictions set forth in this Declaration, the area of the Common Properties depicted in the final plats shall not be reduced by sale or development.  No portion of the Grounds depicted in the final plats shall be diverted to residential development or facilities, subject to exceptions stated in this Declaration.  The Grounds shall be preserved in their natural state, subject to development of planned trail systems and reasonable silvicultural measures (i.e., removal of dead or diseased trees) and soil protection measures as approved by the Board.  No docks, piers, floats, slides or the like shall be built or maintained anywhere along the shoreline of any Common Property within the Development other than those established and maintained by the Developer or the Association.  Boats shall not be indiscriminately beached on common shoreline but shall be kept in places designated by the Developer or the Association.  The Board shall have the power to prescribe other reasonable regulations for protection and preservation of the Common Properties.

3.04  Transfer of Interest in Common Properties

The Developer and the Association shall have the right to borrow money for the purpose of improving the Common Properties and in aid thereof to mortgage said properties or otherwise convey or encumber any of the Common Properties, it shall have satisfied such encumbrances prior to conveyance of title to said properties to the Association.