Overview of Our Covenants

What are the covenants?

Generally speaking, Georgia law makes homeowners' association covenants binding and enforceable in court (See the Official Code of Georgia, Section 44-3-223).
Covenants affected the original property deeds to our respective lots and bind all subsequent deeds. In a sense, when Wellington was created, Spinks, Brown & Durand did not deed us full property rights but merely the right to do anything with our property except those things restricted by the deed covenants.

Overview of our covenants

Many subdivisions have intensely detailed covenants that regulate down to the very minutia of neighborhood life. Fortunately, ours aren't like that. What follows is a "bullet-point" summary of the covenants and is not intended to be an exhaustive description of each:

• [1] Lot lines: Lots are to remain as drawn, and lots may not be further subdivided.
• [2a] Single-family homes: Lots may only be used for single-family homes not to exceed 2 ½ stories in front elevation.
• [2b] Mobile structures: No mobile homes or temporary structures may be erected on any lot.
• [2c] Home size: Homes must be at least 1,500 heated square feet.
• [2d] Building setback lines: Structures may not be erected outside of a "set-back" line on each lot, which is shown on the subdivision plat.
• [2e] Outbuildings: Sheds and outbuildings must be on the rear of a lot.
• [2f] Mailboxes: Mailboxes must be of uniform design
• [2g] Fences and walls: Plans for fences and walls must be approved by the architecture committee.
• [2h] Pools: Swimming pools should be fenced in.
• [2i] Aerials: Antennas are not allowed. Satellite dishes must be approved by the architecture committee.
• [2j] Garages: Garages may not face the street unless they have garage doors.
• [2k] Driveways: Must be at least 9 feet wide and paved with concrete.
• [2l] Sheds: No metal utility buildings. Utility buildings must be in the rear of each lot. Designs must be approved by the architecture committee.
• [2m] Landscaping: Must be tastefully maintained. A "tree buffer" is contemplated in this covenant but so poorly described that the covenant is difficult of interpretation.
• [3a] Nuisances or noxious activities are prohibited.
• [3b] Signs are not permitted on lots, other than a small "for sale" sign.
• [3c] Unsightly hobbies may not be pursued, including the assembly of motor vehicles.
• [3c] Regular parking of vehicles on the street is prohibited
• [3d] Construction: Lots shall be kept clean during construction
• [3e] Pets may not include commercial livestock and must be leashed or confined to lots.
• [3e] Livestock fencing is not permitted, except when around dog pens of certain description and subject to approval
• [3f] Rubbish dumping is not permitted on any lot. Trash bins etc. are to be kept clean and out of sight.
• [4] Occupation. Only finished houses may be occupied.
• [5] Easements may not be granted over any lot.
• [6] Architectural Control Committee: Provisions for this committee are set forth.
• [7] Property Owners' Association: Provisions for the Association are set forth
• [8] Interpretation and enforcement: Provisions regarding interpretation and enforcement of the covenants are set forth.