COVENANTS-BYLAWS

Declaration of Covenants, Conditions and Restrictions of Record

Dear Homeowner:

Every homeowner in the Village of Bennington Property Owners’ Conservancy has agreed by accepting ownership of a residence in this conservancy to abide by the Declaration of Covenants, Conditions and Restrictions of Record for this Conservancy. The Declaration of Covenants, Conditions and Restrictions (“the Covenants”) is a public document and is recorded as Instrument Number #S44074 in the Register’s Office of Shelby County, Tennessee. The Covenants provide the Board of Directors of the Conservancy with some important powers.

Among these powers are the following:

• The right to publish rules and regulations with respect to the use of the Common Areas or Community Open Spaces.
• The right to suspend access rights of residents to the Common Areas for violations of the rules or regulations of the Conservancy.
• The right to levy fines or take legal action against a resident who is in violation of the Covenants or any regulations adopted by the Board of Directors.
• The right to approve modifications to homes in the Conservancy through the Architectural Review Committee.

These rules and regulations are not optional, but are mandatory, and are enforced by the board of directors of the Conservancy for the benefit of all homeowners. The Board of Directors has approved the following Covenant Violations Enforcement Process for violations of the covenants.

Covenant Violations Enforcement Process

• STEP 1: The homeowner violating the Covenants will receive a warning letter from Crye Leike regarding the violation and a copy of the fines to be charged if the violation is not fixed.
• STEP 2: The Homeowner violating the covenants will receive a second letter from Crye-Leike regarding the violation and an invoice for a $50 fine.
• STEP 3: The Homeowner violating the covenants will receive a third warning letter from Crye-Leike regarding the violation and an invoice for a $100 fine.
• STEP 4: The Homeowner violating the covenants will receive a letter from my office regarding the violation and an invoice for a $200 fine.
• STEP 5: My office will file a lawsuit on behalf of the board of directors against the Homeowner violating the covenants. The Homeowner will be financially responsible for all attorney fees and court costs in the litigation.

The purpose of this procedure is to ensure that each homeowner abides by the rules, and to ensure that the quality and special character of the neighborhood is maintained. The system will be fair in that it will require all homeowners to comply with the Covenants, and will only take action against those who violate the Covenants. Moreover, any Homeowner who corrects their covenant violation upon receipt of the first warning letter from Crye-Leike will face no financial penalty.

Sincerely,
William E. Miller, Attorney At Law
Rule 31 Listed Mediator
Website: williamemiller.com