Instrument prepared by Joel Kachinsky, Attorney
160 Blackberry Road, Summertown, Tennessee 38483
AMENDED AND RESTATED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR HIGHLAND WOODS
(FORMERLY REFERRED TO AS “THE MARTIN FARM”)
THIS AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS (hereinafter sometimes referred to as “Declaration”) is made and published this 1st day of May, 2011 by and between THE HIGHLAND WOODS LANDOWNERS ASSOCIATION (formerly referred to as the “Farm Net Landowners Association”), a Tennessee corporation, having its principal place of business located in Summertown, Tennessee, (hereinafter sometimes referred to as the “Landowners Association”) and any and all
persons, firms or corporations currently owning, or hereafter acquiring, any of the property in the 4th Civil District of Lewis County, Tennessee, on the 680 acre tract, formerly known as “The Martin Farm” and presently known as “HIGHLAND WOODS”, of record in Plat Cabinet A, Slides, 107,110, Register’s Office of Lewis County, Tennessee. This Declaration amends, restates, and replaces Exhibit B (of Warrnty Deed), Declaration of Covenants, Conditions, and Restrictions for the Martin Farm, dated February 28, 1994, of record in
Warranty Deed Book A-63, page 562, Register’s Office of Lewis County, Tennessee.
W I T N E S S E T H :
WHEREAS, The Highland Woods Landowners Association, a Tennessee mutual benefit, non-profit corporation, has been formed to give the landowners a means to ensure the continuation of the nature and character of Highland
Woods in its current wooded and undeveloped state and to provide for certain limited residential and commercial development for the continued mutual enjoyment of its owners and future owners; and
WHEREAS, it is in the best interest of The Highland Woods Landowners Association, as well as to the benefit, interest and advantage of each and every person or other entity hereafter acquiring any portion of the property that certain covenants, conditions, easements, assessments, liens and restrictions governing and regulating the use and occupancy of the same be established, fixed and set forth and declared to be covenants running with the
land; and
WHEREAS, The Highland Woods Landowners Association desires to provide for the preservation of the values and amenities and the desirability and attractiveness of the Property, and for the continued maintenance and operation of the Property as herein provided;
NOW, THEREFORE, in consideration of the premises, The Highland Woods Landowners Association agrees with any and all persons, firms, corporations or other entities having acquired, or hereafter acquiring, any of the property within Highland Woods, that the same shall be and is hereby subject to the following restrictions, covenants,
conditions, easements, assessments and liens (all hereafter collectively referred to as “Restrictions”) relating to the use and occupancy thereof, said Restrictions to be construed as covenants running with the land which shall be binding on all parties having or acquiring any right, title or interest in the Property or any part thereof, and which shall inure to the benefit of each landowner thereof. Every person or other party having acquired, or hereafter acquiring, any of the Property made subject to this Declaration, by acceptance of a deed or upon acquiring any interest in or to the Property, shall take such property interest subject to this Declaration and to the terms and conditions hereof and shall be
deemed to have assented to same.2
ARTICLE I
LANDOWNERS ASSOCIATION
Each landowner will automatically be a member in The Highland Woods Landowners Association. The owner of each titled piece of property will have one vote in the Landowners Association. The purpose of the Landowners Association is to give the landowners a means to ensure the continuation of the nature and character of the Martin Farm in its current wooded and undeveloped state, and to provide for certain limited residential and
commercial development for the continued mutual enjoyment of its owners and future owners. Provided however, each landowner shall be responsible for the expenses and costs of roads into and upon their own property and the costs of water, sewer, electricity and other utilities servicing their property. A landowner may have title to more than one separate piece of land but will have only one vote in the Landowners Association. A landowner may subdivide and sell his/her/their land. However, the Landowners Association may establish limits on the extent to which parts of a parcel may be sold or subdivided in order to retain the original character of the land.
ARTICLE II
EASEMENTS
Each landowner shall grant up to a 50 foot easement along any boundary for ingress/egress and utilities as generally shown on the attached map marked Exhibit “A”. A landowner may be asked to provide additional easements, without compensation, if in the interest of the Landowners Association such easement is necessary to carry out the
development of Highland Woods, except that such easement shall not basically change the nature, character or usability of the owner’s land.
Each landowner will provide reasonable pedestrian access to other landowners of the community for hiking and the enjoyment of the natural setting. Such access would be limited to areas where property lines meet that run along with the lowest elevation running along each ravine, generally where a natural drainage channel exists forwater runoff.
Existing easements previously noted in this Declaration may be included in the landowner’s title, if appropriate.
ARTICLE III
RESTRICTIONS ON REMOVAL OF TREES
RESTRICTIONS: Trees on any part of the land shall be protected as set forth herein. No tree over four inches in diameter shall be removed from any land which is subject to these covenants and restrictions unless one or more of the following conditions are present:
(a) Necessity to remove trees which pose a safety hazard to pedestrian or vehicle traffic or threaten to cause disruption of community services;
(b) Necessity to remove trees which pose a safety hazard to buildings;3
(c) Necessity to remove diseased trees or trees weakened by age, storm, fire, or other injury;
(d) Necessity to observe good forestry practices, i.e., the number of healthy trees that a given parcel of land will support;
(e) Necessity to remove trees in order to construct proposed improvements as a result of:
(1) need for access to the building site for construction equipment;
(2) essential grade changes;
(3) surface water drainage and utility installations;
(4) location of the proposed structure so as to avoid unreasonable economic hardships;
(f) Necessity to remove trees for reasonable use of the property by the owner, as agreed to by the Landowners Association; and
(g) Emergency measures determined necessary by public fire officials to combat the threat, or imminent threat, of a forest fire.
DEFINITIONS: “Tree” means any woody plant having at least one well defined stem of at least four inches in diameter measured at a height of 4.5 feet above the natural grade. “Removal of Tree” means any intentional act which causes a tree to die within a period of two years, including but not limited to: damage inflicted upon the root system by machinery, storage of materials, and soil compaction; changing the natural grade above the root system or around the trunk; or damage inflicted on the tree permitting infection or pest infestation; excessive pruning; paving with concrete, asphalt, or other impervious material within such proximity as to be harmful to the tree.
ARTICLE IV
RESTRICTIONS ON CHEMICALS
No member of the Landowners Association or any other person, shall be permitted to use, or allow to be used, any herbicide, insecticide, or other chemical agent in which its movement could in any fashion dissipate, fall upon, or otherwise reach any creeks or other member’s land or their ground water.
ARTICLE V
HAZARDOUS MATERIALS
No hazardous materials shall be installed, used, generated, manufactured, treated, handled, refined, produced, processed, stored or disposed of, or otherwise present in, on or under the Property except in strict compliance with all applicable laws and regulations. No activity shall have been undertaken on the Property which would cause
(i) the Property to become a hazardous waste treatment, storage or disposal facility within the meaning of, or
otherwise bring the Property within the purview of the Resource Conservation and Recovery Act of 1976 (“RCRA”) or any other applicable hazardous material law, or (ii) a release or threatened release of hazardous material from 4 the Property within the meaning of, or otherwise bring the Property within the purview of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”) or as amended by the Superfund Amendments and Reauthorization Act of 1986 (“SARA”) or (iii) the discharge of hazardous material into any atercourse, body of surface or subsurface water or wetland, or the discharge into the atmosphere of any hazardous material which would require a permit under any hazardous material law. No activity shall have been undertaken with respect to the Property which would cause a violation of or support a claim under RCRA, CERCLA,
SARA or other, applicable hazardous material law.
ARTICLE VI
DENSITY
No parcel of land of less than three acres shall be developed for residential and/or commercial purposes. All improvements shall comply with applicable building codes and restrictions. On parcels of land three to five acres, up to 40% of the land may be developed. On parcels five+ to ten acres, up to 30% of the land may be developed. On parcels ten+ acres, up to 20% of the land may be developed. Landowners may petition the board if they would like to develop additional acres.
ARTICLE VII
EXCAVATIONS
No excavations other than those directly related to the use of a dwelling, commercial building or industrial area shall be made.
ARTICLE VIII
ANIMALS
No dangerous or destructive animals shall be allowed on the land. Livestock must be kept within the confines of the owner’s property. Dogs shall be within the confines of the owner’s property or under control of the owner. Residents are expected to be mindful of the rights of others in the community, and to limit their animals accordingly. No animals shall be kept, raised or otherwise used for commercial purposes.
ARTICLE IX
HUNTING
No hunting shall be permitted on any of the Highland Woods property by any person, except for protection from a poisonous or dangerous creature. “Hunting” means pursing any animal with intent to harass, tease, disturb, wound, maim, or kill.
ARTICLE X
WEAPONS
No display, use, firing, or otherwise discharging of guns or other lethal weapons shall be allowed on the land, except as provided for in Article IX above and for self-protection as allowed by law.
ARTICLE XI
VEHICLES
No person on the land shall operate, or allow to be operated anywhere in the residential areas of Highland woods, motor vehicles or motor driven tools that are dangerous or noxiously loud. (No chainsaws, lawn mowers or other similarly loud
equipment shall be used on Sundays before 12:00 p.m. noon local time.)
ARTICLE XII
EYESORES
No vehicles, tools, appliances, etc., shall be allowed to accumulate in such a manner as to become an eyesore to the community. No dumping of rubbish or other discarded material shall be allowed or accumulated on the Property.
ARTICLE XIII
REMEDIES
The owner of each tract within Highland Woods, by the acceptance of the deed for such tract
subject to this Declaration, covenants and agrees to pay to the Landowners Association fines levied for violations, and assessments approved by the Board of Directors of the Landowners Association (1) for the maintenance, upkeep, repair, and replacement of the common areas of Highland Woods and imimprovements thereon; (2) to provide all common community services for the use and benefit of all tract owners, and (3) for the administration and management of the Landowners Association. Such fines and
assessments, together with interest, costs, and reasonable attorney’s fees, shall be a charge on the land and continuing lien on each tract against which such assessment is made.
The amount of the fines and assessments levied by the Board of Directors of the Landowners Asassociation shall be paid to it on or before the date or dates fixed by the Board of Directors of the Landowners Association. If any assessment is not paid within thirty (30) days of the due date thereof, the amount of such assessment, with any cost of collection (including reasonable attorney’s fees) shall constitute and become a lien upon said tract as of the due date thereof, upon recording of notice thereof in the
Office of the Register of Deeds of Lewis County, Tennessee. The lien created hereby shall not be superior to any mortgage or deed of trust recorded prior to the recording of the notice of claim of lien.
ARTICLE XIV
VIOLATIONS
The Board of Directors of the Landowners Association shall be the exclusive judge of the nature of all violations, and shall have the authority to enforce all sections of these Articles I through XVIII with or without legal action, (1) by requiring the violator cure the violation, (2) by assessing against the violator the damages causedby the violation, and/or (3) by fining the violator. A schedule of fines for various violations may be agreed to by the Board of Directors of the Landowners Association. If there is no schedule of fines, or a violation is not
on a schedule of fines, the Board of Directors of the Landowners Association shall decide the fine on a case by case basis. If the violator refuses to correct or rectify a violation, which the Board of Directors of the Landowners Association then corrects or rectifies, the cost of such maintenance or repairs and rectifying such violation shall be added to and become part of the assessment to which such tract is subject.6
ARTICLE XV
Enforcement
The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of The Highland Woods Landowners Association, its successors and assigns, and by each member of the Landowners Association, and shall be enforceable by Board of Directors of The Highland Woods Landowners Association, its successors and assigns, and by each member of the Landowners Association by a proceeding in law or in equity to prevent the occurrence, continuance, or violation of any provisions of this
Declaration, and the court in such action may award the successful party reasonable expenses in prosecuting such action, including attorney fees.
The covenants and restrictions of this Declaration shall be in effect for a period of five years from date of its execution, after which time said covenants and restrictions shall be automatically extended for periods of five years unless twothirds of all members of the Landowners Association vote to amend or terminate.
ARTICLE XVI
SEVERABILITY
Invalidation’s of any of the covenants or restrictions of this Declaration by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect.
ARTICLE XVII
HEADINGS AND BINDING EFFECT
Headings are inserted only for convenience and are in no way to be construed as defining, limiting, extending or otherwise modifying or adding to the particular paragraphs to which they refer.
ARTICLE XVIII
AMENDMENTS
The covenants and restrictions of this Declaration may be amended, or terminated, by an affirmative vote of sixty-six and two-thirds percent (66 2/3%) of all members of the Landowners Association, whose membership can be verified on the date of formal presentation of the amendments to the members.
IN WITNESS WHEREOF, this Amended and Restated Declaration of Covenants, Conditions and Restrictions for Highland Woods was approved by the landowners and the Board of Directors of The Highland oods Landowners Association on May 1, 2011, but, inadvertently, not executed on that day by a duly authorized officer of The Highland Woods Landowners Association. Since May 1, 2011, The Highland Woods Landowners Association has been operating pursuant to this Amended and Restated Declaration of Covenants, Conditions and Restrictions for Highland Woods. To correct the omission to execute and file this document, and to continue to operate pursuant to this Amended and Restated Declaration of Covenants, Conditions and Restrictions for Highland Woods, The Highland Woods Landowners Association has caused this Amended and Restated Declaration of Covenants, Conditions and Restrictions for Highland Woods, now, to be executed by its
authorized representative, Carol Nelson, who was Treasurer, of The Highland Woods Landowners Association on May 1, 2011 and is presently Treasurer of The Highland Woods Landowners Association.
THIS THE 13th DAY OF JUNE, 2014

THE HIGHLAND WOODS LANDOWNERS ASSOCIATION

CAROL NELSON, TREASURER

STATE OF TENNESSEE
COUNTY OF LEWIS
On this the 13 day of June , 2014, before me personally appeared Carol Nelson, known to me, and who upon oath,
acknowledged that she is Treasurer of The Highland Woods Landowner s Association, a corporation, and that she executed the
foregoing instrument for the purposes therein contained, by personally signing for the corporation in her capacity as Treasurer.

My commission expires 21 December 2015