Please click the button below to read the HOA restrictions. By purchasing a house/lot in the subdivision, you are agreeing to abide by these!
When you click the link, it will download the pdf to your computer.
Please check your downloads on the top right of your web browser.
SUMMARY OF RESTRICTIVE COVENANTS FOR STONE-CREST SUBDIVISION
WHEREAS, the undersigned are vested with title to all of the lots in STONECREST
SUBDIVISION as recorded in Plat Cabinet B Slide 83 and 84 in the Office of the Clerk of the
Superior Court of MCMINN COUNTY, TENNESSEE (12/15/94 Amendment: To include Phase II,
Stone-Crest Subdivision as shown by Plat of record in Plat Cabinet "B", Slide 104, and all future
Phases of Stone-Crest Subdivision.): and desires to promote the development thereof as a
residential subdivision;
NOW THEREFORE, for the protection of the owners of lots in the said subdivision, the
undersigned does hereby impose on all lots in STONECREST SUBDIVISION the following
Restrictive Covenants, which shall run with the land, to wit:
1. That said lots shall be devoted exclusively to residential use, and that no buildings shall be
erected or maintained in the subdivision, other than single family dwellings without any
outbuildings unless room on the lot is available without crowding neighbors at the discretion of
the developer. Specifically, it is provided that not one of said lots, or any part thereof, shall be
used for a road right of way, and there shall be no provision for road right of way upon or
across said lots, or any part of a lot, unless specifically authorized in writing by the undersigned,
who reserves the right and privilege of designating any one or more lots, or parts of lots to be
used for road right of way purposes, including a public street or road; and any party or parties
purchasing lots in said subdivision are hereby charged with knowledge of such fact, and that
lots may not be used for roadway purposes without such authority. The rights reserved with
reference to all roadways are specifically reserved for the undersigned, their heirs and assigns.
9/1/97 Amendment:
To clarify the meaning of the following statement in SECTION 1: "that no buildings shall be
erected or maintained in the subdivision, other than single family dwellings". The clarification of
this meaning is as follows: No storage buildings shall be allowed. No detached garages or
outbuildings shall be allowed unless they are attached to the main dwelling by a covered
breezeway. Children's playhouses are allowed, as long as they are not used for storage and are
placed in the rear of the main dwelling.
2. That no part of any lot shall be used for residential purposes, until first a completed dwelling
house, conforming fully to the provisions of this instrument shall have been erected thereon,
the intent of this Paragraph (2.) being to prevent the use, thereon, of a garage, incomplete
structure, trailer, tent, or other structure as living quarters before or after the erection of a
permanent dwelling.
3. PLAN APPROVAL: No construction of any building shall begin until TWO sets of plans and
specifications and a plan showing the intended location of the dwelling shall have been
approved by the "Developer", or its assigns. IT IS CLEARLY UNDERSTOOD AND PURCHASERS OF
LOTS IN THIS SUBDIVISION AGREE that "developer" may require changes, not otherwise
prohibited in this document, concerning size, color, design, style, location, type of exterior, etc.
as regard to the building as may become necessary. It is also understood that the developer's
decision is final and that by making this decision is held harmless.
12/15/94 Amendment:
All plans submitted to the Developer for approval shall be retained by and become the property
of the Developer.
4. That, within the period hereinafter stated, all dwellings shall be erected exclusive of open
porches or garages or basements, with the following heated square footage requirements 1.
single story homes shall have a minimum of 1400 square foot, 2. one and one-half and two
stories shall have a minimum of 1600 square foot, 3. any others not covered shall have at least
1500 square foot with any split level or split foyer having the discretion of the "developer". This
provision shall apply to the dwelling house proper. All debris and excess materials must be
cleaned up from the building site prior to the occupation of the dwelling and all building and
clean up must take place within one year. Any mud, gravel, debris must be cleaned up off roads
immediately.
12/15/94 Amendment:
Once construction has commenced it shall continue in a steady manner with no more than a
thirty day lapse in work and shall be completed within one year. Job sites must be kept clean of
all scrap building materials at all times. Screen fencing shall be placed so as to contain wash into
the streets and onto adjoining lots. Individual lot owners are responsible for cleaning mud and
debris from the streets left by delivery trucks entering and/or exiting their lot.
4/9/96 Amendment:
Restroom facilities (porta-toilets) must be furnished for workers on all construction sites at the
expense of the lot owner or builder. When a lot is being cleared for construction the debris
shall not be pushed onto another property owner's lot, it must be hauled off or disposed of on
the lot by being burned or buried.
5. That not more than 1 single family dwelling may occupy one lot. Any dwelling on said lots
shall be neatly painted or stained, unless made of brick or stone. IT IS CLEARLY UNDERSTOOD
that the front and sides of the foundations must be veneered with real brick or stone and that
on any foundation or retainer wall visible from the street must be covered with brick or real
rock and all other foundations must be stuccoed. There shall be no roofs with a pitch of less
than 5/12 and no lap siding lapped more than 8 inches. Each residence shall have an attached
two car garage and this area shall not be counted as the square foot requirements. Shingles
shall be of the same color and type as used in the subdivision.
6. Also that no dwelling or structure other than driveways may be located nearer than 35 feet
from front lot line or nearer than 10 feet from side lines except on corner lots which must have
a minimum of 35 feet from front lot line and 35 feet from the inside of the curb on the side
street. Satellite dishes prohibited anywhere except to rear of house and no closer to lot line
than 30 feet. Rear lot minimum 25 feet.
7. That no fowls, horses, mules, cattle, sheep, or other like animals shall be kept or allowed to
remain upon said premises, neither shall any sheep, goats, swine, or any such animal belonging
to the owners or occupants thereof be allowed to roam or run at large on the streets or alleys
bounding said premises. There shall be no commercial breeding of dogs or other animals in the
subdivision.
4/9/96 Amendment:
All household pets (dogs and cats) must be fenced or leashed at all times and not allowed to
roam or run at large throughout the subdivision.
8. All septic tank systems must be approved by the health department prior to the dwelling
being occupied.
9. The "DEVELOPER" OR its assigns reserves the right to clarify, change, amend, and make any
final judgement on these restrictive covenants and shall have any final word in any disputes.
10. All driveways shall be constructed of asphalt or concrete (pea gravel aggregate in concrete
may be acceptable).
11. No fences other than decorative fences shall be placed front of the rear corners of the
house. No outside clotheslines are acceptable.
12/15/94 Amendment:
All fences shall be placed at least three feet inside the property lines.
12. Streets may not be used for vehicle parking between the hours of 2 A.M. to 8 A.M. And at
no time shall the streets be used as a regular parking place. No junk or unused cars will be
permitted on property if exposed. Property may not be used for the maintenance of
construction equipment, trucks, tractors, dozers or other like equipment. Any damage done to
the streets of the subdivision by the builder or owner of the lots shall be responsible for its
repair. Any property pins that have been disturbed during or after construction by the builder
or owner shall be replaced immediately and if not done so after 10 days of being notified the
developer may at his discretion have such property pins replaced and file a lien on said lot.
13. The undersigned reserves the right to mow the grass and weeds on any lots not built upon
at the owner's expense if the owner does not maintain the lot.
14. No trailer shall be allowed on any lot in said subdivision except that motor homes, campers,
boats, truck campers and travel trailers may be parked on said lots if parked behind the front
line of the dwelling.
15. The undersigned reserves for themselves, or their heirs or assigns a permanent easement
under, along and over the easements as shown on the recorded plat. Nothing shall be done
that alters the natural drainage of surface water to the injury of the other property owners.
16. If any owner at any time violates or attempts to violate any of the covenants, conditions,
restrictions, agreements, reservations, or easements herein provided, any other owner may
prosecute any proceedings in a court of law or in equity against the owner or owners violating
or attempting to violate or to obtain specific performance of these covenants. The
"DEVELOPER" has the right to impose in addition to any court proceedings a $15.00 per day
assessment for failure to comply to these covenants.
17. The Provisions herein contained shall inure to the benefits of and be enforceable by: (a) The
undersigned, their successors, heirs, executors, administrators or assigns; (b) the grantees in
deeds conveying land in said subdivision, or their heirs or assigns; (c) any subsequent owner of
any land in said subdivision. The failure of any of the above enumerated persons or
organizations to enforce any restrictions, conditions, covenants or agreements herein
contained shall in no event be deemed a waiver of the right to do so thereafter as to the same
breach prior or subsequent thereto. It is understood that the "developer" shall in no way be
held responsible for enforcement of the restrictive covenants except at his discretion and all
plan approval shall be left up to his discretion.
18. NO sign of any kind shall be displayed to the public view on any lot except two professional
signs of not more than five square feet and then only for the purposes of selling that lot or
dwelling or any size sign may be used by the developer during the sales period of selling lots.
19. Except as otherwise expressly provided herein, the covenants and restrictions of this
instrument shall run with and bind the land, and shall inure to the benefit of and be
enforceable by the undersigned or owner of any lots or land subject to this instrument, their
respective legal representatives, heirs, successors and assigns for a term of twenty years (20)
from the date this instrument is recorded, after which time said covenants shall be
automatically extended for successive periods of ten (10) years unless an instrument signed by
the then owners of two-thirds of the lots has been recorded, agreeing to the change said
covenants and restrictions in whole or in part. Provided, however, that no such agreement to
change shall be effective unless made and recorded three (3) years in advance of the effective
date of such change, and unless written notice of the proposed agreement is sent to every
owner at least ninety days in advance of any action taken.
20. Invalidation of any one of these covenants or restrictions by judgement or court shall in no
way affect any other provisions which shall remain in full force and effect.
21. That all mail boxes and posts be of like construction and be approved by the developer.
4/9/96 Amendment:
22. A Homeowner's Association will be established during the summer of 1996. The purpose of
which will be the maintenance of the entrance marker (lights, flowers, mowing, etc.) and any
future combined community activities which the members wish to partake in. Officers will be
elected and each lot will be entitled to one vote.
Originally Signed 6/25/93:
Jimmy Danuel
Brett T. Stewart
Charlatte Miller, Witness
Ann B. Wilson, Notary
Amendment 1 Signed 12/15/94:
Stone-Crest Development, Inc.
Brett T. Stewart, President
Jimmy L. Danuel, Secretary
Dewanna S. Cranfill, Notary
Amendment 2 Signed 4/9/96:
Stone-Crest Development, Inc.
Jimmy L. Danuel, President
Dewanna S. Cranfiill, Secretary
Kelly Webb, Notary
Amendment 3 Signed 9/1/97:
Stone-Crest Development, Inc.
Jimmy L. Danuel, President
Dewanna S. Cranfill, Secretary
Kelly Webb, Notary