1. All lots in the Subdivision shall be known and described as residential lots except for common open space, which shall be for common area amenities. No structures shall be erected on any residential lot other than one single family residence, and a two car enclosed garage (minimum). Additional structures may be erected in the rear yard, subject to approval as provided in this Declaration. All residences shall include a two car enclosed garage (minimum). No accessory structure erected on any lot shall at any time be used as a residence or business, temporary or permanently.
2. All residences shall contain a minimum of 2,700 square feet of heated living area. No buildings shall be more than two stories in height, but the floor space for the second story may be included in computing the minimum square footage of living area, which is allowable. All structures shall be constructed with brick, wood lapsiding, or drivet stucco or R-wall.
3. No residence shall be constructed without the construction plans first being approved, by TBL, LLC (here in after referred to as “Developer”). Said construction plan shall be submitted to Developer for its review and approval. Developer agrees to issue its approval within ten (10) days after receipt of said construction plans. Developer’s failure to issue its approval within the ten-day period shall automatically deem the plans acceptable.
4. For the purpose of insuring the development of said lots as an area of high standards, and to assure reasonable compatibility of architectural designs, the Developer shall have the power to control all improvements, as well as to make such exceptions to these Covenants, and to waive particular violations, as the Developer shall deem necessary, appropriate or proper. These covenants may be amended at any time by an instrument signed by the Developer or by Homeowner’s Association after 80% of lots are sold (See #24).
5. The minimum setback from the front property line (not the curb) to building shall be as described on the plat of subdivision and shall meet the requirements and approval of the Planning Commission of the City of Munford, Tennessee. The Developer shall approve the actual setback for each lot, and the Developer may require or permit a setback of a distance more than the minimum setback.
6. The right is given to the Developer to require the owner of a damaged or destroyed dwelling upon any lot to make repairs or replacements in order to restore the dwelling to its condition prior to the damage or destruction, including the right to require that insurance proceeds paid to the Owner because of said damage or destruction be applied to the repair or replacement.
7. Each owner shall be responsible for the maintenance and painting of all improvements to the land within his lot. No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon the premises, and no refuse pile, unused motor vehicles or unsightly objects shall be allowed to be placed or to remain anywhere on the premises. In the event that any owner or occupant of any lot in the subdivision shall fail or refuse to keep the premises free from weeds, underbrush, refuse piles, unused motor vehicles or other unsightly growths or objects, then an agent of the Developer may enter upon the lands and remove the same at the expense of the owner and such entry shall not be deemed a trespass. In the event of such a removal, the owner of the lot shall pay the expenses thereof.
8. No truck, van, trailer, boat, recreational or commercial type vehicle, shall be stored or parked on any lot, unless in a closed garage, nor parked on the streets serving the subdivision unless engaged in transporting to or from a residence in the subdivision, or unless otherwise concealed from view in a manner satisfactory to the Developer.
9. No animals, livestock or poultry of any kind shall be raised, bred or kept on any of said lots, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. In all instances, household pets shall be restrained within fenced areas or under leash.
10. All signs, billboards or advertising structures of any kind are prohibited except for two (2) professional signs of not more than sixteen (16) square feet to advertise a Lot for sale or lease during a sales or leasing period and except for signs, billboards or advertising structures erected by or on behalf of Developer during the development and sales period of the Developer’s property and unsold Lots. No sign is permitted to be nailed or attached to trees.
11. No obnoxious or offensive trade or activity shall be carried on upon any lot in this subdivision, nor shall anything be done thereon which may be or become an annoyance or nuisance to the subdivision.
12. All mailboxes (and numerals thereon) and the supports and encasement therefore within the subdivision are to be identical in design and will be selected by the Developer. The initial cost of mailbox will be paid by homeowner. All replacement mailboxes or repairs will be the expense of the lot owner. No decorations except for holiday themes may be affixed or adhered.
13. An electric transformer may be situated on certain lots in the subdivision. If the owner of such a lot should desire relocation of such transformer, he may arrange for its relocation at his expense with the approval of the Developer and the owner of the adjacent property nearest to the proposed new location of the transformer.
14. Once a lot is sold by Developer, the owner thereof shall be required to construct sidewalks thereon as required by the City of Munford. Should a lot owner not have installed the required sidewalk(s) for that lot within eighteen (18) months of the date of the lot sale, the lot owner will escrow with the City of Munford such sum as is required by the City of Munford to ensure the future construction of the sidewalk to an extent that Developer shall be relieved of the obligation. Should the lot owner refuse to do so, then Developer shall have the right to file a lien on the property or sue for the cost of the sidewalk.
15. Once Developer has closed a lot in the subdivision, the owner or his assignees of such lot shall be obligated to begin construction of a house on such lot within eighteen (18) months and thereafter to complete such construction with reasonable diligence. If a lot owner fails to commence construction of the house within said 18 month period, Developer shall have the option of purchasing the subject lot for the original sale price, exclusive of any closing costs associated with the original purchase.
16. Brick color and size, roof weight, materials, color and texture, exposed flashing, and any other exterior materials and their colors must be approved by Developer, including without limitation driveway and parking area materials and colors. All brick used in the construction of a home, fence, and/or retaining wall must be a simulated tumbled brick (queen size only) or a handmade brick, unless otherwise approved in writing by Developer. All roofs of all buildings erected on a lot shall be comprised of a dimensional shingle material, or tile which has a “dimensional” character, unless otherwise approved in writing by Developer. All exterior colors for initial construction and any subsequent repaintings (or recolorings) or renovation or restoration must also be approved. Re-roofing as to materials, weight, color, and texture must be approved.
All siding is to be wood-grained or textured siding, No more than 20% of any house can have siding. No siding is allowed on the first level of any house without approval of Developer. All siding must be submitted for approval. No vinyl siding or sofits are allowed.
No aluminum columns are allowed in this subdivision. No vinyl flooring is allowed in any houses unless otherwise approved by Developer. Each builder is to provide portable toilets for its house(s) during construction. Builder is required to keep property clean and neat during construction process.
17. Developer reserves unto itself the right to impose additional and separate restrictions at the time of sale of any lots sold by it in this subdivision, which said restrictions may not be uniform, but may differ as to different lots.
18. Consideration for a garage facing the street may be given on corner lots or where there is a request to preserve trees or elements of the topography.
19. The success of a residential subdivision is dependent in critical part on the abilities and integrity of the firms, which construct the homes in the development. Therefore, the Developer is vested with the absolute right to approve for use the respective general contractors who will build homes on lots in the subdivsion. It is stated expressly that an owner of a lot must obtain such approval whether such owner is the original Purchaser from Developer or not.
20. All fences are to be of wood, brick or ornamental metal material or combination thereof. No fence may be constructed closer to the street than the building setback line. All fences located along the lakes will be a standard ornamental metal fence. All other fences will be of the lot owner’s choosing, but must be constructed with the aforementioned materials and of a standard height so to be compatible with other fencing in development and as approved by the Developer. All wood fences are to be of shadow box design, unless otherwise approved by Developer. Masonry columns are preferred to be installed at all fence corners, including lot property corners. All fences to be approved by City of Munford.
21. Swimming pools and/or hot tubs/spas and their accessory structures shall be installed in accordance with the ordinances and regulations of the City of Munford. No above ground swimming pools shall be permitted.
22. All equipment, garbage cans, service yards, mechanical equipment, swimming pool pumps and filters, woodpiles or storage piles, shall be kept screened by adequate planting or fencing so as to conceal them from view of streets and neighbors. All rubbish, trash, or garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon, during construction and all other times. All holiday decorations must be removed no later than two weeks after the holiday occurs (i.e. Christmas lighting and the like).
23. All exterior lighting on each lot shall be of a consistent style and character as chosen by the Developer. All lighting on each lot shall be constructed and maintained to provide illumination for that lot only, and as to avoid illumination of adjacent lots and areas.
24. Developer will cause to be incorporated a non-profit homeowner’s association to which every party purchasing a lot will be deemed to have agreed to belong. The organization of such association may, at the option of Developer, be delayed until Developer has closed 80% of the lots in the subdivision. The primary purpose of the association is to maintain and replace as necessary the entry and other structures, walls, common areas, including entry monuments and associated landscaping, grass, lighting and irrigation. The fees will also cover common area liability insurance, common area maintenance and any costs associated with the street lighting that will be the responsibility of the homeowners in the development. Initially, fees will be approximately $250 to $400 per year.
(a) Until 80% of the lots in the subdivision are closed by Developer, Developer shall perform the aforesaid anticipated obligations of the association. Each purchaser of a lot shall pay Developer a reasonable annual sum to defray the aforesaid expenses until such time as the association is organized and assumes the aforesaid duties. At any time, Developer may organize said association; and if same takes place before Developer sells 80% of said lots, Developer shall have the right to name two (2) members of a three (3) member Board of Directors and Developer shall have five (5) votes per each lot that it owns (although other lot owners will have only one vote per lot owned) until Developer sells 90% of said lots. Purchaser agrees to pay a reasonable annual maintenance fee as set by the Developer.
(b) Notwithstanding the foregoing, even after Developer has sold 80% of said lots, it may, at its option, continue to perform, or cause to be performed, the obligations set out above which are ultimately to be the responsibility of the association; and, so long as Developer performs such obligations, each lot owner shall pay to Developer a reasonable annual fee to defray said expenses. Each lot owner will pay his annual association fee at the time of organization of the Homeowner’s Association. All lots sold after organization of Homeowner’s association will pay the annual fee at closing. If closing occurs after July 1, fees will be attributable to the succeeding year.
25. All lot owners shall become members of the Wooten Oaks Homeowner’s Association and shall pay dues as set by its members and shall comply with the Wooten Oaks Homeowner’s Association bylaws and regulations. All common areas, to include: medians, planting islands, planted entry areas, walking paths, lake and other amenity areas are a part of the Homeowner’s Association’s responsibility.
26. No buildings or structures shall be moved from other locations to a lot in this subdivision.
27. All existing surface drainage must be maintained. Swales may be constructed to prevent drainage directly onto buildings, but in no case shall surface drainage be diverted or obstructed to prevent the shared sheet surface drainage from entering into or through any lot by means of fences or on-site grading. All wood fencing is to have a 2” minimum clearance under all portions. All brick fences are to have a 4” x 6” open space at ground level 4’-0” on center minimum.
28. Developer reserves the right at any time (a) to change the boundary lines and (b) to impose or remove or change easements on any lot(s) owned by it, if such should become necessary or be deemed desirable to preserve trees or topographical features or to otherwise enhance the desirability of such lots; provided the Developer complies with all ordinances and regulations of the City of Munford. If Developer determines to take such action provided for above, no other owner of a lot in the subdivision shall be required, or permitted, to join in any application to any governmental authority for approval of such action.
29. Radio or television transmission or receiving towers or antennas must be approved by Developer and in accordance with the Munford Zoning Ordinances, but in no instance may they be over five feet (5’) in height or above the ridge line of the roof. Satellite dishes larger than 36 inches cannot be installed without approval by Developer or their designated representative. Placement must conform to the Munford Zoning Ordinance as well as be screened from the other lot owners by a fence or landscaping.
30. All yards shall be of solid sod except as otherwise initially agreed with the Developer. Any dead plants shall be replaced immediately.
31. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 2028, at which time said covenants shall be automatically extended for successive periods of ten (10) years unless by a vote of the majority of the Homeowner’s Association agrees to change said covenants in whole or in part.
32. If an owner of a Lot shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning real property, or the Homeowner’s Association in this subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant either to prevent him or them from so doing or to recover damages or other dues for such violation.
33. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect.
34. There is a perpetual easement, as shown on the recorded plan of the subdivision, which is reserved for utility installation maintenance.
35. To the extent that any of these covenants and restrictions are less restrictive than any of the City of Munford ordinances or regulations, the City of Munford ordinances or regulations shall govern.
36. There shall be a minimum of one (1) two (2) inch caliper trees within the front yard of a single-family residence, Oak trees preferred.
a. The City of Munford charges about $3,500 sewer connection fee for each home. If you buy a lot and build -then you will have this charge. If you buy a customer home from TBL,you will not have this charge......
b. The City of Munford requires sidewalks be installed in all new subdivisions. These are installed at the time of home construction by the builder/homeowner at his/her expense. See item #14.