Declaration of Covenants and Restrictions
The following modifications to the November 16, 1992, Declaration of Covenants and Restrictions of Prestwick Place recorded at WB 2089, Pg 1095 of Knox County, were duly adopted this 5th day of May, 2018, by the Prestwick Place Homeowners Association, hereinafter referred to as Association.
W I T N E S S E T H
Whereas, the members of the Association are the owners of the Lots in Prestwick Place Subdivision described in Exhibit “A” attached to the Declaration of Covenants and Restrictions which are recorded beginning at WB 2089, Pg 1095, of Knox County, on November 24, 1992; and
Whereas, the Association desires to provide for the preservation of the values present in said community as of the date of these modifications and, to this end, desires to subject the real property described in the aforementioned Exhibit “A” to the foregoing Covenants and Restrictions, all of which are for the benefit of said property and each owner thereof; and
Whereas, the foregoing modifications to the Declaration of Covenants and Restrictions, referred to above, have been duly adopted by more than sixty (60) percent of the property owners in accordance with Article XIX Waiver and Modification of the Covenants and Restrictions;
Now, therefore, the Association declares the following modifications to the Declaration of Covenants and Restrictions, referred to above. To the extent said Declaration of Covenants and Restrictions are not modified, they are hereby adopted and ratified as previously stated.
Article II
MEMBERSHIP, BOARD OF DIRECTORS, AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. MEMBERSHIP
Every person or entity who is the owner of a fee or undivided fee interest in any Lot shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of any obligation shall not be a member. Membership shall commence on the date such person or entity becomes the owner of a fee or undivided fee interest in a lot and expires upon the transfer or release of said ownership interest.
Section 2. VOTING RIGHTS
Members shall be all those owners as defined in Section 1. Members shall be entitled to one vote for each Lot in which they hold the interests required for membership by Section 1. When more than one person holds such interest or interests in any Lot, all such persons shall be members, and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Lot.
Members who fail to pay association dues within six months of the due date will forfeit their voting rights until such time that the Association Treasurer has received all payments that are in arrears.
Section 3. BOARD OF DIRECTORS
The Association shall be governed by a Board of Directors, consisting of five (5) members, which are to be elected as shown in the By‑laws. Members shall elect the Board of Directors.
Article III
Enforcement
If the parties hereto or any of their heirs and assigns shall violate or attempt to violate any of the covenants or restrictions herein, it shall be lawful for the Association or any owner as defined herein to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions and either to prevent him/her or them from so doing or to recover damages or other dues for such violation.
In the event enforcement of these covenants and restrictions is sought, then the party seeking enforcement shall initiate mediation proceedings through the Knoxville Bar Association mediation service, or any similar mediation service. The party against whom the party seeking enforcement of these covenants shall participate in such mediation in good faith. Such mediation shall be conducted in accordance with the Tennessee Rules of Civil procedure as existent at the time of mediation. The requirement of mediation shall not be construed to prohibit the party seeking enforcement from also initiating litigation to compel compliance with these covenants and restrictions. In the discretion of the party seeking enforcement of these covenants, mediation may be sought either before, during, or after litigation is commenced. In the event these restrictions and covenants litigation are enforced as a result of litigation, then the reasonable expenses of both mediation and litigation, including discretionary costs, mediation and court costs, and attorney’s fees of the party seeking enforcement of these covenants, shall be paid by the party against whom enforcement is awarded.
The Association may, upon recommendation of the Association’s Treasurer, seek to recover unpaid Association bills by attaching a lien to the property of the member.
Article IV
Building Location
Subject to the minimum regulations of the pertinent zoning authority, no building shall be located on any lot nearer to the front boundary than 50 feet unless special permission coupled with a waiver is granted in hardship cases by the Prestwick Place Board of Directors..
Article IV
ARCHITECTURAL REVIEW COMMITTEE
No building shall be erected, placed, altered, or permitted to remain on any building lot in the Subdivision until a complete set of building plans and specifications and a plan showing the location of a dwelling or other accessory structure, including landscaping, driveway, sidewalks, fences, porches, decks, and finish grade, level, and elevation have been submitted to and subsequently approved in writing by the Prestwick Place Architectural Review Committee as to quality of workmanship and materials, harmony of exterior design with existing structures and as to location with respect to topography, including landscaping, driveway, sidewalks, fences, porches, decks, and finish grade level and elevation. The Committee shall be composed of three members appointed by the Association. A majority of the Committee may designate a representative to act for the Committee. In the event the Committee or its designated representative fails to approve or disapprove such plans or specifications within thirty (30) days after the same have been submitted to it, such approval shall be implied and no longer required and this covenant shall be deemed to have been fully complied with. Further, such plans must be left with the Committee during the period of construction after approval. Further, if no suit to enjoin the construction has been filed prior to completion thereof, approval will not be required and the covenant shall be deemed to be fully satisfied.
Article VI
DWELLING AND RELATED IMPROVEMENTS RESTRICTIONS
The foregoing restrictions and requirements are deemed to be for the guidance of the Prestwick Place Board of Directors only. The Committee may, in its sole discretion, require or impose stricter requirements than specified herein in order to preserve the property values of existing homes and to ensure that proposed construction will be architecturally consistent and that the exterior design of the proposed construction will be in harmony with existing structures. All architectural details and materials not specified herein are subject to the approval of the Committee prior to the beginning of any construction.
1. The dwelling and related improvements must be of traditional architecture and design as defined herein.
2. The minimum living area square footage requirements shall be determined by the Committee on a case by case basis and shall be within the sole discretion of the Committee. In no case shall the square footage of any proposed construction be less than the smallest existing dwelling in the Subdivision of similar design.
3. All windows and the related trim shall be constructed of wood, wood composite, wood clad, vinyl or vinyl clad and must not detract from the current appearance of either the owners home or others in the neighborhood. be constructed of wood, wood composite, wood clad, vinyl or vinyl clad and must not detract from the current appearance of either the owners home or others in the neighborhood.
4. All dwellings shall have a minimum roof pitch of 10/12 on main roofs. This does not include dormers, screened porches, or other minor appendages.
5. All dwellings shall be of brick, stone, or stucco siding, or a combination thereof.
6. All above ground exterior foundation walls shall be veneered with brick, stone, or stucco or such other material approved by the Committee.
7. All dwellings shall have not less than a two car attached garage. Garage doors may not face the street.
8. Heating and air conditioning systems shall be concealed from view from the street by from the street by appropriate screening.
9. There shall be no occupancy permitted of any dwelling until such time as the dwelling, yard, driveway, sidewalks, decks, fences, porches, and landscaping have been completed in accordance with the plans submitted under Article VI, except as approved by the Committee, and is acceptable to local governing authorities by final inspection.
10. The finished grading for all lots shall be completed in conformity with the recorded plat for the subdivision and in such manner as to retain all surface water drainage on said lot or lots in “property line swales” designated to direct the flow of all surface waters into the drainage easements as created by the overall drainage plan for the development, as approved by the municipal authority having jurisdiction over said subdivision.
11. All dwellings shall have a driveway constructed of concrete, pavers or composite materials. Asphalt and gravel driveways are not permitted. Driveways with colors that do not resemble concrete must be approved by the architectural review committee.
12. All architectural details and materials not specified herein are subject to the approval of the Architectural Review Committee prior to the beginning of any construction as set forth in Article VI.
13. All construction of dwellings, accessory structures and all other improvements in shall be undertaken and completed in accordance with the following conditions:
(a) All construction shall be carried out in compliance with the laws, code rules, regulations and orders of all applicable governmental agencies and authorities.
(b) Concrete or concrete block or cinder block shall not be used as a building material for the exposed exterior surface of any dwelling or accessory structure constructed or placed on any Lot, and there shall be no chain-link fence or fences or walls of any other material which the Architectural Review Committee determines to be incompatible with dwellings or other structures in Prestwick Place.
(d) No lumber, bricks, stones, cinder blocks, scaffolding, mechanical devices, or any other materials or devices used for building purposes shall be stored on any Lot except for purposes of construction of a dwelling or accessory structure on such Lot, nor shall any such building materials or devices be stored on any Lot for longer than the length of time reasonably necessary for the construction in which such materials or devices are to be used.
(e) Adequate off-street parking shall be provided for each Lot.
(f) All garages must have doors of raised panel construction, and each garage door must be coordinated with the dwelling to which it is appurtenant. Garage doors shall be kept in working order and shall be kept closed when not in use.
(g) No window air conditioning unit maybe located in any part of any dwelling or accessory structure. All exterior compressor units shall be ground mounted and screened with fencing, landscaping or other materials which the Architectural Review Committee determines to be compatible with dwellings or other structures in Prestwick Place.
(h) Any screen porch which a part of any dwelling or accessory structure must have a dark color screen, and no bright color silver finish screens may he used.
(i) No plumbing vent or heating vent shall be placed on the front side of any roof of any dwelling or accessory structure, and any such vent shall be painted the same color as the roof on which it is placed.
(j) Any construction on a Lot shall be at the risk of the Owner of such Lot and the Owner of such Lot shall be responsible for any damage to any curbing, sidewalks, or street resulting from construction on such Lot. Any damage to any section(s) of the sidewalk must be repaired by replacing completely all sections affected. Repairs of such damage must be made as soon as reasonably possible but in no event not more than thirty (30) days after completion of such construction.
(k) No lines, wires or other devices for communications purposes, including telephone, television, data and radio signals, or for transmission of electric current or energy, shall be constructed or placed on any home site unless the same shall be in or by conduits or cables constructed, placed and maintained underground or concealed in, under or on buildings, or other approved improvement. Above ground electrical transformers and other equipment may be permitted if properly screened and approved by the Architectural Review Committee. In addition, all gas, water, sewer, oil and other pipes for gas or liquid transmission shall also be placed underground or within or under buildings. Nothing herein shall be deemed to forbid the erection and use of temporary power or telephone services incident to the construction of approved improvements.
(l) All exterior lighting shall be consistent with the character established in Prestwick Place and be limited to the minimum necessary for safety, identification, and decoration. Exterior lighting of buildings for security and/or decoration shall be limited to concealed up lighting or down lighting. No color lens or lamps are permitted. Solar panels and satellite dishes are permitted but must be mounted so that they are not visible from the street.
(m) Solar panels and satellite dishes are permitted but must be mounted so that they are not visible from the street.
14. Mail boxes shall be of a traditional type and design consistent with the overall character and appearance of the neighborhood, shall be constructed of brick, stone, or a combination thereof, and shall be approved by the Advisory Committee. Only one mailbox shall be located on any Lot. Mailboxes should include the house number and shall be located as prescribed by the United States Postal Service.
15. No outside radio transmission towers, receiving antennas, television antennas, satellite antennas or dishes or solar panels may be installed or used, except as approved by the Committee. In the event that antenna, satellite dishes or other such devices are required to be allowed upon Lots by any valid governmental rule or regulation then the Committee shall have the authority to restrict the location, size, placement and type of such devices to reduce the visual impact on such devices as much as possible. Further, the Committee may require screening or landscaping to conceal such devices from the street and neighbors. Before any such device may be placed upon any Lot, the Lot owner must submit plans to the Committee for its consideration and approval as required for any other structure.
16. No one shall be permitted to store or park house trailers, campers, boats or similar type vehicles on or about said residences for periods longer than one week. Any vehicle parked outside a garage must be in operable condition and limited to no more than one vehicle. Additional vehicles require written approval from the Prestwick Place Board of Directors. No automobiles which are inoperable or being stored shall be repeatedly parked, kept, repaired or maintained on the street, driveway or lawn of any lot.
17. Clotheslines and other devices or structures designed and customarily used for the drying or airing of clothes, blankets, bed linen, towels, rugs or any other type of household ware shall not be permitted.
18. Swimming pools, spas, recreational and/or playground equipment are permitted subject to the Architectural Review Committee's approval of plans and specifications of structures. Pools and spas must be in ground and constructed of gunite.
19. No individual water supply system shall be permitted on any Lot without the prior written approval of the Architectural Review Committee. If such approval is given, such system must be located, constructed and equipped in accordance with the requirements, standards and recommendations of federal, state and local public health authorities, and all necessary approvals of such system as installed shall be obtained from such authorities at the sole cost and expense of the Owner of the Lot to be served by such system.
Article VII
TEMPORARY AND ACCESSORY STRUCTURES
No trailer, tent, garage, or outbuildings shall be erected on the tract without and construction of an accessory structure may not be commenced until complete final plans and specifications shall have been submitted and approved by the Architectural Review Committee. No outbuilding shall at any time be used as a residence temporary or permanently nor shall any structure of a temporary character be used as a residence.
The Architectural Review Committee shall have the right to approve or disapprove the plans and specifications for any accessory structure to be erected on any Lot, and construction of an accessory structure may not be commenced until complete final plans and specifications shall have been submitted and approved by the Architectural Review Committee in accordance with the provisions of these covenants. Permission must be provided in writing with a copy on file with the Secretary of the Prestwick Place Homeowners Association.
No trailer, tent, garage, or outbuildings shall be erected on the tract. Construction of an accessory structure may not be commenced until complete final plans and specifications shall have been submitted and approved by the Architectural Review Committee. No outbuilding shall at any time be used as a residence temporary or permanently nor shall any structure of a temporary character be used as a residence.
The Architectural Review Committee shall have the right to approve or disapprove the plans and specifications for any accessory structure to be erected on any Lot, and construction of an accessory structure may not be commenced until complete final plans and specifications shall have been submitted and approved by the Architectural Review Committee in accordance with the provisions of these covenants. Permission must be provided in writing with a copy on file with the Secretary of the Prestwick Place Homeowners Association
Article VIII
COMMISSION OF WASTE AND UNSIGHTLINESS
Lot owners shall do nothing to their Lot that will result in it appearing unsightly. If the Lot owner will be away for an extended period arrangements should be made to have the lawn mowed while they are absent. At no time shall any Lot or part thereof be completely stripped of its top soil and/or trees or excavated or allowed to go to waste or waste away by being neglected, or having refuse or trash thrown or dropped or dumped upon it, except in accordance with a plan of construction previously approved by the Prestwick Place Board of Directors. Lot owners shall do nothing to their Lot that will result in it appearing unsightly. If the
Lot owner will be away for an extended period arrangements should be made to have the lawn mowed while they are absent. At no time shall any Lot or part thereof be completely stripped of its top soil and/or trees or excavated or allowed to go to waste or waste away by being neglected, or having refuse or trash thrown or dropped or dumped upon it, except in accordance with a plan of construction previously approved by the Prestwick Place Board of Directors Nor shall any Lot be allowed to grow up in weeds, underbrush, or grass exceeding a height of one (1) foot. No lumber, brick, stone, cinder block, concrete block or other materials used for building purposes shall be stored upon any Lot more than a reasonable time for the construction in which they are to be used to be completed.
No person shall place on any Lot in the Subdivision refuse, stumps, rock, concrete blocks, dirt or building materials or other undesirable materials. Any person doing so shall be subject to notification by the Association to correct said condition within five (5) days of notification and if said condition is not corrected within said time period, the Association shall have the right to make all necessary corrections without further notice to the owner of the affected Lot and the expense of same shall be a lien upon the affected Lot. The Association also shall have the right to maintain a civil action for injunctive relief against the Owner of the affected Lot and the Contractor or Agent of the Owner and shall be entitled to recover all expenses and costs, including attorney’s fees, as provided in Article VI.
Article IX
ANIMALS
No animals, livestock, including birds, insects and reptiles, may be kept on any Lot unless kept thereon solely as household pets and not for commercial purposes. No animal shall be allowed to become a nuisance. All pets shall be kept inside the residence or fenced back yard except when being walked with a leash. No structure for the care, housing or confinement of any animal shall be constructed, placed or altered on any Lot.
Article X
WAIVER AND MODIFICATION
These restrictions shall not be modified to prevent the assessment of fees necessary to support the requirements contained in Article IV. Any modification of these Covenants and Restrictions shall be by a vote of a minimum of sixty (60%) percent of the property owners.