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Covenants

ARTICLE ONE

DEFINITIONS

         1.01 “Association” shall mean and refer to Lake View Estates Property Owners Association, Inc., its successors and assigns.

         1.02 “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot that is a part of the Subdivision, excluding those having such interest merely as security for the performance of an obligation.

         1.03 “Subdivision” shall mean and refer to the land consisting of Lots 1-A through 62-A and Lots 1-B through 254-B as shown on the Original Plat and Lots 255-B through 289-B and Lots 1-C through 18-C as shown on those certain plats recorded at Slides 1164-B and 1210-B and 1258-A in the records of the Office of the Judge of Probate of Baldwin County, together with such additional land, if any, as may hereafter be brought within the scope of the Declaration.

         1.04 “Common Area” shall mean all property ( including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. No property shall be a Common Area until the property is conveyed to the Association.

         1.05 “A-Lot” shall mean and refer to any and each lot included with Lots 1-A through 62-A as shown on the Original Plat.

         1.06 “B-Lot” shall mean and refer to any and each lot included with Lots 1-B through 254-B as shown on the Original Plat or included within Lots 255-A through 289-A as shown on those certain plats recorded at Slides 1164-B and 1120-B in the records of the Office of the Judge of Probate of Baldwin County.

         1.07 “C-Lot” shall mean and refer to any and each lot included within Lots 1-C through 18-C as shown on that certain plat recorded at Slide 1258-A in the records of the Office of the Judge of Probate of Baldwin County, Alabama

           1.08  “Improvement” shall mean and include all buildings, roof structures, parking areas, loading areas, trackage, fences, wall, hedges, mass plantings, poles, driveways, grading and site preparation work, concrete or asphalt pads, ponds, lakes , swimming pools, tennis courts, signs, utility connections, exterior illumination, changed in any exterior color or shape, and any new exterior construction or exterior improvement that may not be included i any of the foregoing. Improvement includes original improvements and later changes and improvements, including changes in exterior color.

ARTICLE TWO

ARCHITECTURAL REVIEW COMMITTEE

The provisions of this Article Two shall apply only to A-Lots, B-Lots and C-Lots:

         2.01 Establishment and Composition.  There is hereby established an Architectural Review Committee (“ARC”).  The ARC shall consist of seven (7) members in good standing of the Lakeview Estates Homeowners Association.  They will be appointed by the Board of Directors of the Association and serve without salary or pay. The Board of Directors will have one of its members designated to serve as a member of the ARC.

         2.02 Function of the ARC.  No improvement (as defined herein) shall be commenced, erected, placed, maintained or permitted to remain on any portion of any A-Lot, B-Lot, or C-Lot until plans and specifications in such form and detail as the ARC may deem necessary shall be submitted and approved in writing by the ARC. The ARC shall have the power to employ professional consultants to assist it in discharging its duties and shall have the right to charge any applicant a reasonable fee to defray its cost of reviewing such plans and specifications. The decision of the ARC shall be final, conclusive and binding upon the applicant.

         2.03 Voting.  A vote or written consent of a majority of the members present (at least four) shall constitute the act of the ARC.

         2.04 Term of Off ice.  The term of each ARC member shall be for a period of six (6) years and thereafter until the appointment of a successor.  Any new member appointed to replace a member who has resigned or been removed shall serve such member’s unexpired term.  Members who have resigned or whose terms have expired may be reappointed.

         2.05 Appointment and Removal Vacancies.  The Board shall have the sole power to appoint and remove members of the ARC. A member may resign at any time from the ARC by giving the Board written notice.

         2.06 Duties.  It shall be the duty of the ARC to receive, consider and act upon all proposals, plans, specifications, complaints, request for determination, or other matters submitted pursuant to the term of the Declaration, and to carry out all other duties imposed on it by this Declaration. The ARC, may, but need not, hire specialized consultants and incur reasonable expenses to aid it in reviewing plans and their incidents.

         2.07 Meetings.  The ARC shall meet from time to time as necessary to perform its duties.  The vote or written consent of the majority of the members shall constitute the act of the ARC. The ARC shall keep and maintain written records of actions taken by it at such meetings.

         2.08 Action Without Formal Meeting.  The ARC may take action without a formal meeting by members consenting in writing on any matter which they would consider at a formal meeting.

         2.09 Procedure for Submissions and Approval by ARC.  Submission to and approval by the ARC for proposed Improvements shall be in accordance with the Rules promulgated by the ARC, as authorized by Section 2.11 hereof.  If the ARC fails to approve or disapprove any material submitted to it hereunder within thirty (30) days after the date shown on the submittal receipt or to give notice of its actions as above required, the ARC’s approval shall not be necessary, provided, however, that the failure to approve or disapprove within such thirty (30) days shall not relieve submitting Owner from the obligation to conform the Improvement to the provisions contained in the other Articles of this Declaration.

         2.10 Waiver and Estoppel.  The approval of the ARC of any plan, specifications or drawings or any materials accompanying same for matters requiring approval of the ARC shall not be deemed a waiver of, or create any right of estoppel against, the ARC’s right to withhold approval of any similar plan, drawing, specification or materials subsequently submitted for approval.

         2.11 ARC Rules

                   (A) The ARC shall have the authority to adopt, amend, add to, replace and rescind, from time to time, procedural or substantive rules to make more definite and certain, and to implement the purpose of and intent of the provisions of the Declaration.  Any conflict between such rul and any provision of the Declaration shall be resolved in favor of the provisions of this Declaration. A copy of such rules, as in effect from time, shall be provided to any Owner requesting the same in writing.

                   (B) Approval of plans and specifications shall be based on, among other things, adequacy of site dimensions, conformity and harmony of external design and of location with neighboring structures and sites, relation of finish grades and elevation to neighboring sites, conformity to both the specific and general intent of the Declaration and whether they reflect attractive, well-designed, properly proportioned houses of suitable materials, situated on lots landscaped to preserve, protect, and enhance the ecological and aesthetic environments. If plans and specifications are not sufficiently complete or are otherwise inadequate, the ARC may reject them totally or may approve or disapprove part, conditionally or unconditionally, and reject the balance.

         2.12 Content of Plans and Specifications.  Two sets of plans and specifications prepared by a licensed architect or qualified planner approved by the ARC shall be submitted and approved prior to commencement of construction. Plans and specifications to be submitted and approved shall include, as a minimum, the following:

         (a) A site plan showing five-foot contour grades and showing the location for all proposed Improvements,                 structures, walks, patios, driveways, fences, and walls or a lot grading plan. Existing and finished grades                 shall be shown at Lot corners and at corner of proposed Improvements. Lot drainage provisions shall be                 indicated as well as cut and fill details if any appreciable change in the Lot contour is contemplated:

         (b) Exterior elevations, exterior materials, colors, textures and shapes;

         (c) Landscaping plans, including walkways, fences and walls, elevation changes, watering systems; and

         (d) Driveway size

A copy of such plans may be kept by the ARC until construction is completed.

         2.13 Decisions Conclusive.  All decisions of the ARC shall be final and conclusive, and no Owner or any other person, association or entity shall have any recourse against the ARC, or any member thereof, for its or such member’s approval or refusal to approve all or any portion of any submitted materials, or for any other decision rendered under the authority of the Declaration.

         2.14 Liability.  Neither the ARC nor any member thereof shall be liable to any Owner or any other person, association or entity, for any damage, loss or prejudice suffered or claimed on account of :  (i) the approval or disapproval of any submitted materials, whether or not defective; (ii) the construction or performance of any work, whether or not pursuant to approved materials; (iii) the development of the Lot; (iv) the structural capacity or safety features of any proposed Improvements; (v) whether or not the location of the proposed Improvements on the building site is free from possible hazards from flooding or from any other possible hazards whether caused by conditions occurring either upon or off the Property; (vi) soil erosion causing sliding conditions: (vii) any decision made or action taken or omitted to be taken under the authority of the Declaration; or (viii) the execution and filing of any estoppel certificate, whether or not the facts therein are correct; provided, however, that with respect to the liability of a member, such member has acted in good faith on the basis of such information as may be possessed by such member. Without in any way limiting the generality of any of the foregoing provision of this Section, the ARC, or any member thereof, may, but is not required to, consult with or determine the view of any other Owner with respect to any materials submitted to the ARC.

         2.15 Modifications and Waivers.  Upon such terms and conditions, upon the payment of such fees or expenses, and for such procedures as it may prescribe, the ARC may, but is not required to adopt, review and approve or disapprove, in whole or in part, with or without conditions, applications for the modification or waiver of any requirement of Article Two or Article Three of this Declaration, or of the ARC rules applicable to any Improvement or use of, in, on or abutting any Lot. Such applications shall contain such information as the ARC may prescribe and shall affirmatively show that the application of such requirements, under the circumstances, creates unnecessary and undue hardships, and that its modification or waiver will not be detrimental )aesthetically, economically, or otherwise) to the Owner of any other Lot.  The ARC may decide the matter upon the application and any materials or written statements accompanying it, or may allow oral presentation in support of, or in opposition to the application prior to the decision, at its discretion.  The ARC shall render a decision in writing, which decision need not contain any reasons, finding, or conclusions for the decision and shall forward one (1) copy to the applicant, and retain one (1) copy in its records.

         2.16 Government Agency Approval.  Nothing in the Declaration shall relieve, or be interpreted as purporting to relieve, any Owner from also securing such approvals, certificates, or permits of any governmental agent or entity with jurisdiction as may be required by law as a condition to the commencement, construction, maintenance, addition, change or alteration to or of any Improvement, and the ARC may require that a copy of such approvals, certificates, or permits be provided to the ARC as a final condition to any approval, or as additional insurance as to the ARC that the proposed Improvements and uses meet governmental requirements, or for both such purposes.

ARTICLE THREE

PROTECTIVE RESTRICTIONS

The provisions of this Article Three shall apply only to A-Lots B-Lots and C-Lots:

         3.00 ARC Jurisdiction.  The Architectural Review Committee has been delegated authority from the Board of Directors to ensure that minimum facility standards are adhered to within the confines of Lake View Estates.  The ARC must approve:

                                                   1.  Plans for all new construction;

                                                   2.  Plans for remodeling of the exterior of homes;

                                                   3.  Plans for additions to houses, including rooms, porches, pools, patios,                                                                             driveways, and fences;

                                                   4.  Changes to roofs;

                                                   5.  Installation of mailboxes and satellite dishes;

                                                   6.  Changes in exterior colors;

                                                   7.  New landscaping designs which significantly alter the exterior appearance of the                                                              home.

         3.01 Land Use and Building Type.  All A-Lots, B-Lots and C-Lots shall be known and described as single family residential lots and no such A-Lot, B-Lot or C-Lot shall be used except for residential purposes. No building may be erected on any A-Lot, B-Lot or C-Lot prior to the erection of a dwelling. No trailer home, mobile home, or travel trailer will be permitted as a residence in this Subdivision, and no premanufactured or modular home shall be permitted as a residence unless the ARC find that because of the unique quality and style of said premanufactured or modular home, the same shall not be inconsistent with the Subdivision and shall otherwise be appropriate therefore.  The ARC’s determination that an item is a premanufactured home, modular home, trailer home, mobile home, or travel trailer shall be conclusive

           No building or structure shall be erected, altered, placed or permitted to remain on any lot other than a single-family dwelling with at least a two-car attached garage. Homes must not exceed two stories (attics and basments not counted) and detached garages may connect to the house by an enclosed breezeway made of material compatible with the house.

           Each improvement must be completed within six (6) months of when construction commences.  Delay beyond this must be approved by the ARC or penalties of fifty dollars ($50) per day may be imposed on the Owner by the ARC.  The contractor and/or the Owner must sign a statement indicating he or she accepts and understands the conditions of completion. Extensions may be granted by the ARC for good and sufficient reasons.

         3.02 Dwelling Quality and Size. Neither any A-Lot, B-Lot, nor any C-Lot shall contain any improvement that have less than a certain square footage of heated and cooled living area. The square footage minimum for the different categories of Lots are as follows:

*1400 for “B” Lot purchases closed prior to March 22, 1988.

         Roofs shall not be less than 7/12” pitch on the main house structure.

         3.03 Building Location.  No building located on A-Lots, B-Lots, or C-Lots shall be located nearer than 35 feet from the front road lot line or any nearer than 10 feet to any side line.  No building shall be located on any B-Lot or C-Lot nearer than 35 feet from the rear lot line, or in the case of a A-Lot, no building shall be located nearer the water than 100 feet.

         For purposes of this covenant, eaves and steps shall not be considered (but porches and screened in enclosures shall be) as part of the building; provided, however, that this shall not be construed to permit any portion of steps or eaves to encroach upon another lot.

         Except as provided, no garage on any lot shall have an opening facing the street on which the house fronts, except with the prior approval of the ARC, which ARC approval may be conditioned upon certain requirements set by the ARC, including, without limitation, the requirement of a garage door consistent with the decor of the dwelling.  However, B-Lots may, without ARC approval, have a garage that opens onto County Road 12, so long as such garage otherwise complies with the provisions of the Declaration.

         3.04 Landscaping. All lots must be landscaped in accordance with the design approved by the ARC as part of the new construction review.  All planting must be completed within ninety (90) days of completion of the dwelling, unless extended in writing by the ARC.  All sides (front, sides, and rear) visible from the street or golf course must have suitable planting around the house.  Front and side yards must be sodded and lots abutting the golf course must be completely sodded. Neither replacement of original landscaping nor ordinary seasonal planting shall be subject to approval of the ARC.  It is the owner’s responsibility to grade and maintain the lot to drain water away from the house and prevent water run-off encroaching on his neighbor’s property.

         3.05 Maintenance.  The Owner and lessee of any A-Lot, B-Lot or C-Lot shall have the duty of and responsibility for keeping the premises, improvements and appurtenances and landscaping in a well-maintained, safe, clean and attractive condition at all times.  If, in the opinion of the Association, any such Owner or lessee is failing in this duty and responsibility, the Association may give notice of such fact and such Owner or lessee shall within ten (10) days of such notice, undertake the care and maintenance required to restore said Owner’s or lessee’s Lot to a safe, clean and attractive condition.  Should any such Owner or lessee fail to fulfill this duty and responsibility after such notice, the Association shall have the right and power to perform such care and maintenance, and the Owner or lessee shall be liable for the cost thereof.  If such Owner or lessee shall fail to reimburse the Association after written demand upon such Owner for payment, the amount of such charge shall constitute a lien upon the Lot and shall be enforceable and collectible in the same manner as assessments are to be collected as later set forth in this Declaration.

         The Board is authorized to maintain all vacant lots and assess the lot owners in advance.  Owners wishing to continue maintaining their lots can apply for a waiver. The Board will grant all requests for a waiver, but will have the authority to revoke the waiver if, in the opinion of the Board, the lot is not being properly maintained.

         3.06 Garbage and Refuse Disposal and Other Protective Miscellaneous Restrictions.  No A-Lot, B-Lot or C-Lot shall be used or maintained as a dumping ground for rubbish.  Trash, garbage or other waste shall be kept in sanitary containers which must be in a screened (which means a decorative screen as opposed to window screen materials) area so that the container will not be visible from the road or room neighboring property. All equipment used for the storage or disposal of such material shall be kept in a clean and sanitary condition. All containers will be of the pest proof variety so that the contents will not be spread around the area by animals or natural causes. Containers will only be displayed on the right-of-way on the assigned day for trash pickup.

         No trade or business activity or noxious or dangerous activity of any kind whatsoever shall be carried upon any A-Lot, B-Lot or C-Lot or on the Common Area; nothing shall be done thereon which may be or becomes an annoyance, nuisance, health hazard or safety hazard to the neighborhood, and without limiting the foregoing,  or the like shall be allowed on any Lot or on the Common Area, and no hunting or firearms or explosives shall be used thereon.

Amendment added- “Garage sales shall be allowed to be carried on upon any A-lot, B-Lot and C-lot exclusively on the Friday and Saturday of the third week of May and October, from the hours of 9:00 a.m. to 3:00 p.m. From time to time, the Board of Directors may issue, by majority vote, certain rules and regulations governing the operation of the garage sales.”

         No work shall be done on any A-Lot, B-Lot or C-Lot which in the reasonable opinion of the ARC would jeopardize the soundness and safety of the Subdivision, reduce the value thereof, or impair any easement thereto.

         No clotheslines or drying yards shall be permitted on any A-Lot, B-Lot or C-Lot unless confined to the rear yards and concealed by hedges, lattice work or screening acceptable to the ARC.

         No statues or other forms of art shall be visible from any street and erected on any A-Lot, B-Lot or C-Lot unless the ARC first gives its approval in writing.

         No athletic equipment, including without limitation, basketball goals, shall be erected or situated on any A-Lot, B-Lot or C-Lot so that the same is visible from any street.

         Without the prior written approval of the ARC, no television antenna, radio receiver, satellite dish or other device for receiving or transmitting radio, television, or other signals shall be attached to or installed on any A-Lot, B-Lot or C-Lot, unless the same is entirely within the interior of a building or other structure.  No radio signals, television signals or other forms of electromagnetic radiation shall originate from any A-Lot, B-Lot or C-Lot and unreasonably interfere with the reception of any television or radio signal on any other Lot. Small satellite dishes shall be located as inconspicuously as possible from the street and will be approved by the ARC.

         3.07 Exterior Materials.  No foil or other reflective materials shall be used on any windows for sunscreens, blinds, shades or other purposes on any Lot in the Subdivision; nor shall any window-mounted heating or air-conditioning units be permitted. The ARC may approve heating and air-conditioning units for sunrooms or Florida rooms attached to the rear of the house provided the top of the unit is no more than 24 inches from the floor of the room and must be shielded by shrubbery, hedges or appropriate fencing material.

         The exterior of any improvement in the Subdivision shall not consist of any metal or vinyl siding without the prior approval of the ARC, and in no event shall it consist of cinder block.  The ARC may approve non-reflective metal color bond roofs.

Amendment to Paragraph 3.07 - Florida Rooms or other additions to existing improvements shall be constructed of materials that are consistent with the existing structure.  The roof of any such addition shall conform to and match existing roofing materials as near as possible

         3.08 Temporary Structures.  No trailer, basement, tent, shack, garage, barn or other outbuilding erected on any A-Lot, B-Lot or C-Lot shall at any time be used as a residence, temporarily or permanently, and no structure of a temporary character may be used as a residence.

         3.09 Signs.  No sign or signboard of any kind shall be displayed to the public view on anyA-Lot, B-Lot or C-Lot, except that one professionally lettered sign of not more than three square feet in size may be displayed advertising the A-Lot, B-Lot, or C-Lot for sale or rent or may be erected and used by a builder while a residential building or structure or swimming pool is under construction. One security company sign is acceptable and consistent with home security.

         3.10 Livestock, Poultry and Pets.  No animals, livestock, birds, or poultry of any kind shall be raised, bred, or kept on any A-Log, B-Lot or C-Lot, provided that a reasonable number of generally recognized house pets, and in no event more than two dogs and cats, may be kept on the Lot, subject to rules and regulations as may be determined by the ARC and provided further that such domestic pets are not raised or kept for any commercial use or purpose, and provided further that they do not become an annoyance or nuisance to the neighborhood.  At all times, pets shall be kept under leash when walked or exercised in any part of the Subdivision, and no pet shall be permitted to leave its excrement on any portion of the Subdivision.

         3.11 Sight Distances at Intersections.  In addition to the limitations below on fences, no fence, wall, hedge, or shrub planting on any A-Lot, B-Lot or C-Lot which obstructs sight lines at elevations between two and six feet above the roadway shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property line and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot line within 10 feet from the intersection of the street property line with the edge of the driveway or alley pavement.  No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.  The foregoing sight distance provisions shall not in any way relieve any Lot from more stringent provisions imposed by any governmental agency having jurisdiction.

         3.12 Fences.  No man-made fence shall be erected on any lot without the prior written approval of the ARC.  No fence of any description, whether man-made or growing, shall be nearer to the front lot line than the residential structure for that lot .  Normally, vinyl or masonry fences will be approved which are from 42 to 72 inches in height for screens around pools, patios and outdoor utility equipment. No chain link fences are allowed. Man-made fences on the boundary of the golf course are not allowed.

         3.13 Driveways.  All A-Lots, B-Lots and C-Lot residences must have a drive constructed either of concrete, asphalt or such other material as to which the ARC gives its prior written approval, and such driveway must be completed at such time as the residence is completed or occupied, whichever shall occur first.  In no event shall dirt, gravel, shell, pine needles or like material be acceptable for the surface of any driveway.

         3.14 Pools.  All swimming pools located on the golf course, B-Lots and C-Lots must be in a screened-in structure attached to the house and meet all the setback requirement unless granted a special waiver by the ARC. Pools on other lots and those where the screened-in enclosure has been waived by the ARC must be surrounded by a fence that meets the requirements imposed by the City of Foley as if located in the city limits.

         3.15 Mail Boxes and Newspaper Boxes.  Standardized mailboxes and newspaper boxes shall be used on all lots. These boxes must be black and conform to the requirements of the ARC. Other types (Masonry and Stucco) of mailboxes that conform to the ARC aesthetic requirements may be used at the owner’s risk.  All proposed new or replacement boxes shall be approved by the ARC.

         3.16 Excavation and Mining.  No soil, rock, gravel or clay shall be excavated or removed from any property for commercial purposes.  No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon the surface of any A-Lot, B-Lot or C-Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon, or within 500 feet beneath, the surface of any Lot.  No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any A-Lot, B-Lot or C-Lot.

         3.17 Vehicle Usage and Storage.

           (a) Storage of Vehicles: Commercial, Recreational, Motorcycles or Other Vehicles. Neither commercial nor agricultural type vehicles, no vans or pick-up trucks larger than one (1) ton, nor recreational vehicles such as motor homes, travel trailers, campers, boats or other trailered vehicles shall be stored outside the garage on any lot.  Vehicles making deliveries to homes within the Subdivision are to be considered stored.  Boats or recreational vehicles may be parked temporarily on the driveway of a house for up to seventy-two (72) hours before or after usage elsewhere, for packing and clean up purposes. Recreational vehicles may be parked temporarily on a driveway of a house for up to five (5) days by visitors with permission of the Association. These provisions are not intended to be used to provide virtually permanent storage by frequent outing.

           (b) Motorcycles, all-terrain vehicles and other petroleum powered “sports” vehicles shall be parked inside garages at all times. Usage within the Subdivision shall be in conformance to all local and state laws and regulations and limited only to streets.

           (c) Battery powered golf carts shall be parked within the garage of a house.

           (d) Parking is only permitted on paved surfaces.

 Amendment added - (e) Overnight street parking will not be permitted

         3.18 Damage or Destruction to Lots or Structures.  In the event of damage or destruction by fire or other casualty to any Lot or Structure the Owner is responsible for repair and replacement. The ARC shall be informed of the owner’s intentions within thirty (30) days of the incident. If the owner elects not to repair or rebuild, the owner shall promptly clear away the ruins and debris of the damaged improvements or vegetation and leave such Lot or Structure in a clean, orderly, safe and attractive condition. If the owner elects to rebuild the structure the ARC’s approval of plans is required as for any other construction or remodeling project.

ARTICLE FOUR

UTILITIES

         The provisions of this Article Four shall apply only to A-Lots, B-Lots and C-Lots:

         4.01     Utilities to Include Central Sewer.  All residences on any A-Lot, B-Lot or C-Lot must be served by underground utilities including, but not limited to, sewer, water, electricity and telephone.  No individual water supply system (for human consumption) or individual septic system shall be permitted on any Lot.

         4.02   Utility Easement.  A ten (10) foot utility and drainage easement is reserved by Declarant on the perimeter of all A-Lots, B-Lots and C-Lots.

ARTICLE FIVE

GOLF COURSE AND CLUB

The  provisions of this Article Five shall apply only to A-Lots, B-Lots or C-Lots:

5.01 Provisions Related to Golf Course and Club Membership. Owners of A-Lots, B-Lots or C-Lots adjacent to all golf course fairways and greens, and any guests and pets shall be obligated to refrain from any actions that would distract the playing qualities of the golf course within the Subdivision.  Such prohibited activities include, without llimitation, maintenance of dogs or other pets under conditions that interfere with golf course play due to their barking or other actions, running or walking on the fairways, picking up balls, or like interference with play.

ARTICLE SIX

LAKES

         6.01 Provisions with Respect to Lakes in the Subdivision. The plans for the Subdivision and Lake View Golf Course call for one or more lakes, as shown on the plat of Subdivision. No lake, whether natural or man-made, shall be used, for any commercial purpose. No lake shall be used for irrigation of any Lots. No swimming or recreational activities whatsoever shall be allowed in any of the lakes located on the golf course.

         The spring lake, Lake Muriel, may be used for reasonable and safe recreational activities; provided, however, no motorized (except electrical trolling motors) watercraft or other vehicle of any sort shall be allowed on the lake.  No person other than owners of one or more Lots, or their reasonable number of invited guests, may use Lake Muriel. All use of Lake Muriel shall be at the risk of the user and subject to any applicable laws, rules and regulations, and ordinances of any governmental agency having jurisdiction.

ARTICLE SEVEN

COMMON AREA AND PROPERTY RIGHTS

         7.01 Common Area.  The Common Area shall include any and all drainage easements, the entrance ways and surrounding areas, road signs, a parcel of land just south of Baldwin County Road 20 and west of Fairway Drive, any fencing along Baldwin County Highway 20, street lights, and one or two Lots on Lake Muriel and Lake Muriel itself (without dam area). The facilities of the Lake View Golf Course and Country Club are not Common Area.

Amendment added - Common Area. The Common Area shall include any and all drainage easements, the three entrance ways and the surrounding areas at Fairway Drive and County Road 20, Fairway Drive and County Road 12, Eagle Lane and County Road 12, a parcel of land just south of County Road 20 and west of Fairway Drive, and Lake Muriel itself, excluding the Dam.

         7.02.  Owner’s Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title of every Lot, subject to the following provisions:

                     (a) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;

                     (b) The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against its Lot, as the case may be, remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations;

                     (c) The right of the Association to allow through contract and/or easement the owners (or the owners association consisting of such owners) of units located within Lots M-1, M-2, or M-3 as shown on the original Plat or within other multi-family properties the right to use such Common Areas so long as such owners (or their associations) are charged fees payable to the Association in amounts comparable to the assessments paid by Owners; and

                     (d) The right of the association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions that may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds of the members has been recorded.

         7.03 Delegation of Use. Any Owner may delegate in accordance with the Bylaws his right of enjoyment to the Common Area and facilities to the members of his family or tenants who reside on the property.

ARTICLE EIGHT

ASSOCIATION AND AMENDMENTS

           8.01  Property Owners Association.  The Lake View Estates Property Owners Association, Inc., an Alabama non-profit Corporation, shall have duties and responsibilities typically associated with owners associations, to include, without limitation, the obligation for general maintenance and upkeep of the Common Area (including street light utility bills and bulb replacement) and shall be responsible for any and all signs except those that are related to Lake View Golf and Country Club or maintained by the County, for fire hydrants, drainage ditches, and may provide other services for the Subdivision.  Each owner should obtain and review a copy of the Articles of Incorporation for the Association and a copy of the Bylaws.

         The Association shall not have any obligation of maintenance or jurisdiction over the clubhouse of Lake View Estates Golf and Country Club or the golf course or any property located within the golf course.  The Association shall exist separate and apart from the Lake View Estates Golf and Country Club. However, upon the affirmative vot of two-thirds (2/3) of the members of both classes of stock, the Association may accept an offer, if one is made, by the owner of the golf course and facilities to take over the course and/or other facilities.

           8.02  Every Owner of an A-Lot, B-Lot or C-Lot shall be a member of the Association and membership shall be appurtenant to and may not be separated from ownership of any such Lot.

           8.03  The Association shall have the following voting membership:

                     (a) Class A. Class A members shall be all Owners of A-Lots, B-Lots or C-Lots and shall be entitled to one vote for each A-Lot, B-Lot or C-Lot owned.  When more than one person holds an interest in any Lot, all such persons shall be members.  The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot.

           8.04  Assessments. Each Owner by acceptance of a deed for such A-Lot, B-Lot or C-Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided.  The annual and special assessments, together with interest, costs, and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Such may be perfected by filing a statement of lien in the appropriate records of the Office of the Judge of Probate of Baldwin County, Alabama, setting forth the Lot upon which the lien is claimed, the amount for which the lien is claimed, and the name of the property owner.  The lien shall be enforceable in accordance with Alabama law. Each such assessment, together with interest, costs, and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.

           8.05 Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents of the Subdivision and for the improvement and maintenance of the Common Area.

           8.06  Maximum Annual Assessment.

                     (a) The maximum assessment may be increased by the Board of Directors each year not more than 15% above the assessment for the previous year without a vote of the membership.

                     (b) The maximum assessment may be increased above 15% by a vote of two-thirds (2/3) of the members who are voting in person or by proxy at a meeting duly called for this purpose.

                     (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.

           8.07  Special Assessments for Capital Improvements.  In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the costs of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, providing that any such assessment shall have the assent of two-thirds (2/3) of the votes of members then existing who are voting in person or by proxy at a meeting duly called for this purpose.

           8.08  Notice and Quorum for Any Action Authorized Under Section 8.06 and 8.07.  Written notice of any meeting called for the purpose of taking any action authorized under Section 8.06 or 8.07 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members and proxies entitled to cast sixty (60%) percent of the membership shall constitute a quorum.  If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting.

           8.09  Uniform Rate of Assessment.  Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.

           8.10  Date of Commencement of Annual Assessments:  Due Dates.  The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto.  The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.  A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance.

           8.11 Effect of Nonpayment of Assessments:  Remedies of the Association.  Any assessments not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 10% per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, and/or foreclose the lien against the property.  No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.

           8.12  Subordination of the Lien to Mortgages.  The lien for assessments provided for herein shall be subordinate to the lien of any first mortgage.  The sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien for assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

ARTICLE NINE

ADDITIONS TO SUBDIVISION

           9.01  Additions.  The Lakeview Estates Property Owners Association shall have the right, from time to time, to bring within the scheme of the Subdivision additions to the Original Plat of the Subdivision as “Future Development.” Any such additions must be contiguous to the Original Plat of the Subdivision.  As additional properties are included, the Declaration may be supplements, testated and amended as necessary or as appropriate for those properties. Owners of all lots in the added property shall have the rights, privileges and obligations set forth in this document.

ARTICLE TEN

MISCELLANEOUS

         10.01  Enforcement.  If the parties hereto, or any of them, or any of their heirs, executors, successors, administrators or assigns, or any such future owner or owners of any Lot or Lots within the Subdivision or any of their heirs, successors, administrators or assigns, shall violate or attempt to violate any of the covenants, restrictions and/or limitations herein contained, it shall be lawful for the Association, the ARC and/or any person or persons owning property subject to this Declaration to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate the same to prevent such person or persons from so doing, and/or to recover damages for such violations or attempted violations, and in the event that the prosecuting party prevails, the other party shall be responsible for the prevailing party’s costs of litigation, including reasonable attorney’s fees.

Amendment added - (Addition of a second paragraph) In addition to the rights contained in the above paragraph, the association will have the authority to levy a fine not to exceed Ten Dollars ($10.00) per day for each violation.  Oral notification of the violation will be given by the Association and the violating Property Owner will have Seventy-Two (72) hours to notify the Board of the Association or its Representative of the Owner’s intent to rectify the violation. If the matter is not resolved within Seventy-Two (72) hours of oral notification then the Association will notify the violating owner in writing, and the violating owner will have Seven (7) Days from receipt to take corrective action or seek an extension of time from the Board. If corrective action is not taken within Seven (7) Days of receipt of written notification from the Board and an extension has not been granted by the Board then the Ten Dollar ($10.00) per day fine will become effective immediately and will continue until said violating owner corrects the problem, notifies the Board in writing that the problem has been corrected and the Board or its Representative confirms that the violation has been corrected.

         10.02 Severability.  Invalidation of any one of the covenants and/or limitations, or any part thereof, by judgment or court order shall in no way effect any of the other provisions, which shall remain in full force and effect.

         10.03  Term.  The provisions of this Declaration shall run with the land and shall be binding on owners of all lots subject to this Declaration, and upon all parties and persons claiming under or through them, each of whom shall be virtue of his acceptance or acquisition of title or other interest, whether or not it be so expressed in the deeds or other instruments of conveyance, accepts and agrees to be bound by and to abide by all terms and provisions of this instrument, all of which shall be, and remain, in full force and effect.

         10.04  Successors.  Deeds of conveyance to any Lot within the Subdivision may contain the provisions, restrictions, covenants and conditions contained herein by reference to this Declaration; however, whether or not such reference is made in any or all of said deeds, by becoming an Owner of any Lot within the Subdivision, each such Owner, for himself or itself, his or its heirs, personal representatives, successors, transferees, and assigns, binds himself or itself, and such heirs, personal representatives, successors, transferees, and assigns, to all the provisions, restrictions, covenants and conditions now or hereafter imposed by or under the authority of this Declaration and any amendments thereof.

         10.05  Disavowment of Public Purpose.  Nothing contained in this Declaration or on the plat of the Subdivisions shall be deemed or interpreted to intend a gift or dedication of any portion of the Subdivision to the general public or for any public purpose whatsoever, such intent being hereby expressly disavowed.

         10.06  Captions and Headings.  The captions and headings in this Declaration are for convenience only, and are not to be considered as defining or limiting in any way the intent of the provisions hereof and thereof.

ARTICLE ELEVEN

AMENDMENTS

         11.01  Amendments.  This Declaration may be amended by the affirmative vote of a majority of the members of the Association.

IN WITNESS WHEREOF, the said Lakeview Estates Property Owner’s Association, Inc., an Alabama non-profit Corporation, has caused this amendment to be executed on its behalf this the 9th day of August, 2002.

(Signatures and Notary follow)