Turtle Cove

Property Owner's Association

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

E-Mail:  turtlecovepoa@bellsouth.net

9.01  Utility Easements

Easements for utility lines shall, as much as practicable, follow roads and/or property lines.  Whenever practicable, utility lines shall be placed underground so as to minimize destruction of trees and modification of topography, and so as not to impair the development, use, or enjoyment of any Property.  Any utility cable or line that comes to any Lot or Living Unit Property underground shall be continued underground across such Lot or Living Unit Property or to the terminal connections thereon.  The Board shall have the power to designate and convey utility easements over any part of the Common Properties.

9.02  Association's Right of Entry

Persons appoint or hired by the Board to exercise the powers, duties, or functions of the Association shall have the right to come upon any Lot or Living Unit, at any reasonable hour and in a reasonable manner, for the purpose of exercising such powers, duties, and functions with reference to such Lot or Living Unit.

The covenants and restrictions of this Declaration shall run with the bind of the land, shall be and remain in effect and shall inure to the benefit of and be enforceable by the Developer, the Association, the Board, the Committee, any Owner, their respective legal representatives, heirs, successors, and assigns for a term of forty-five (45) years from the date this Declaration is recorded.  Upon and after expiration of said forty-five (45) year term, the covenants and restrictions of this Declaration shall be automatically renewed and extended for successive periods of fifteen (15) years each, unless an agreement for termination or modification thereof is signed by the then Owners of two-thirds (2/3) of the Lots and Living Units and is recorded in the office of the Clerk of the Superior Court of Jasper County, Georgia.  However, no such agreement to terminate or modify shall be effective unless made and recorded three (3) years in advance of the effective date of such termination or modification, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken.  Every purchaser or Owner of any interest in any of the Properties agrees (by acceptance of a deed or other conveyance thereof) that said covenants and restrictions shall be automatically renewed and extended unless so terminated or modified.

9.04  Notices

Any notice required to be sent to any Member or Owner shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.

Enforcement of the covenants and restrictions of this Declaration may be by and proceeding at law or in equity against any person violating or attempting to violate any such covenant or restriction, to restrain violation or to recover damages, and/or against the land to enforce any lien created by this Declaration.  Failure by the Developer or the Association or any Owner to enforce any covenant or restriction shall in no event be deemed a waiver of the right to do so thereafter.

Whenever possible, each provision of this Declaration shall be interpreted and applied in such manner as to be effective and valid.  If any provision hereof of its application to any person or any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provisions which can be given effect without the invalid provision or application.  To this end the provisions of this Declaration are declared to be severable.