Thornhill
Estates
DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS
FOR THORNHILL ESTATES SUBDIVSION – PHASE 1 SUBDIVISION
AS AMENDED 3/8/2007
ARTICLE I
PROPERTY SUBJECT TO THESE PROTECTIVE COVENANTS AND RESTRICTIONS
The real property described as Thornhill Estates Subdivision, located in Shelby County, Tennessee, which is, and shall be, held,
conveyed, transferred and sold subject to the conditions, restrictions, covenants, reservations and easements herein
contained. Such lots contained in said Thornhill Estates Subdivision are referred to hereinafter collectively as the
"Subdivision". The Declarant herein is referred to herein as "Developer." JADA Enterprises is the Developer and Declarant of the
Thornhill Estates Subdivision.
ARTICLE II
PURPOSE OF PROTECTIVE COVENANTS AND RESTRICTIONS
The conditions, restrictions, covenants, reservations and easements herein contained are made and imposed upon said
subdivision and each lot contained therein to insure the best use and the most aesthetically appropriate development and
improvement of each lot; to protect each owner of each lot against improper use of surrounding lots; to preserve, so far as
practicable, the unique character of said subdivision; to encourage and secure the construction of attractive homes on such lots;
and in general, to provide adequately for a superior quality of improvements on such lots, and thereby enhance the value of
investments made by purchasers of such lots.
ARTICLE III
DURATION OF PROTECTIVE COVENANTS AND RESTRICTIONS
The conditions, restrictions, covenants, reservations and easements herein contained shall run with and bind each and all of the
lots of said subdivision and shall be binding on all parties and all persons claiming under them until January 1, 2025, at which
time said covenants shall be automatically extended for successive periods of ten (10) years each. These conditions, restrictions,
covenants, reservations and easements, or any one or more of them may be amended prior to and on such date by an
instrument duly executed and notarized by not less than a two-thirds (2/3) majority of the then owners of such lots (one vote
per lot) and recorded in the Office of the Shelby County Register; however, these covenants and restrictions may be altered or
amended by the Developer, or its assigns or successors by written instrument duly executed and notarized and recorded in
the Shelby County Register's Office without the prior approval of any owner of any lot in said subdivision as long as the Developer
retains ownership of any lot or lots in said subdivision.
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ARTICLE IV
ENFORCEMENT OF PROTECTIVE COVENANTS AND RESTRICTIONS
Any owner of any lot in said subdivision shall have the right to enforce, by any proceedings at law or in equity, all conditions,
restrictions, covenants, reservations and easements herein or hereinafter contained or otherwise contained in any deed to any lot
in said subdivision against any person or persons violating or attempting to violate any of said conditions, restrictions,
covenants, reservations and easements; either to restrain violation or to recover damages for any such violation including, but
not limited to, reasonable attorney fees and court costs. Failure by any owner to enforce any of such conditions, restrictions,
covenants, reservations and easements shall in no event be deemed a waiver of the right to do so thereafter. Invalidation of any
one or more of the covenants or restrictions or other provisions herein or hereinafter contained by judgment or court order
shall in no way affect any of the other covenants and restrictions herein or hereinafter contained which shall remain in full force
and effect.
SPECIFIC RESTRICTIONS
The Developer reserves unto itself the right to impose additional specific restrictions upon any lot in said subdivision at the time
of sale by said Developer of any of such lots. Such additional restrictions may be made by appropriate provision in the deed,
without otherwise modifying the covenants and provisions contained herein. Such additional restrictions as are so made shall
apply to the lot or lots on which they are specifically imposed. Any additional restrictions or any variations imposed by the
Developer do not set a precedent for future construction.
ARTICLE VI
PROTECTIVE COVENANTS AND RESTRICTIONS
Section 1. Residential Use. All lots in the subdivision shall be used for private residential purposes only. No lots shall be resubdivided.
Section 2. Prohibited Uses and Nuisances. In order to provide for a congenial occupation of the home within Thornhill Estates
and to provide for the protection of the values of the entire development, the use of the residences shall be in accordance with
the following provisions:
(1) Said property is hereby restricted to residential dwellings for private residential use. All buildings or structures
erected upon said Property shall be of new construction in a French Country Design, and no buildings or structures shall be
moved from other locations onto said Property. No structure of a temporary character, such as a trailer, tent, mobile home,
recreational vehicle garage, shed or other out-building shall be used on any lot at any time as the residence, either temporary or
permanent, or for storage.
(2) The design of outbuildings must be the same French Country Design as the materials in the main house and in the
same percentages. For example; a main house constructed of 85% brick/stone and 15% siding must have an out building that is
85% or more brick/stone with a matching roof. The Declarant or architectural committee must approve design and location of
any permanent addition to any property prior to construction. Failure to get written approval subjects the builder or owner to
removal of improvements at his expense and at the sole discretion of the Declarant or the architectural committee. No cloths
lines or metal buildings are allowed on any lot.
(3) Parking of boats, 4-wheelers, trailers, etc. is to be inside of a fenced area in the backyard and completely screened
from neighbors and the street. The Fencing and Screening of these vehicles must be approved by the Archeticual Committee.
No RV’s will be allowed to be parked in the Subdivision for more than 48 hours and no 4-wheelers or dirt bikes shall be allowed
to be operated within the subdivision.
(4) Each Lot shall be conveyed as a separately designated and legally described freehold estate subject to the terms,
conditions and provisions hereof and all easements, restrictions and covenants set out in the Plats attached hereto as Exhibit
"A."
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(5) Notwithstanding any provisions herein contained to the contrary, it shall be expressly permissible for Declarant to
maintain, during the period of the sale of said Lots, upon such portion of the premises as Declarant deems necessary, such
facilities, as in the sole opinion of Declarant, may be reasonably required, convenient or incidental to the sale of said Lots,
including, but without limitation, a business office, storage area, construction yard, signs, model units, sales office and parking
areas.
(6) No animals, reptiles, livestock or poultry of any kind shall be raised, bred, or kept on any said Lots, except that
dogs, cats or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial
purpose. All household pets shall at all times be suitably leashed or penned, and no household pet shall be allowed at any time
to wander or roam Thornhill Estates.
(7) Swimming pools and spas require the approval of the Declarant or the architectural committee. Pools and spas
must comply with all applicable laws and regulations. During construction a security fence should be constructed around the
excavation site. No above ground swimming pools are allowed in Thornhill Estates.
(8) All Fences shall be made of Brick, Iron, Wood, or combination of both, and must be approved by the Architectural
Committee. No fence shall be taller than 6 feet without the approval of the Architectural Committee. The Architectural Committee
shall also approve all fence locations, design and materials. Chain link fences will not be permitted. No Fence shall be erected
between the side of the residence and the street on the corner lots. No Fence shall be erected on any lot closer to the street
than ten (10) feet in front of the rear of the house.
(9) No advertising signs (except one (1) of not more that six (6) square feet "for rent" or "for sale" sign per Lot,
billboards, unsightly objects, or nuisances shall be erected, placed or permitted to remain on said Property, nor shall said
Property be used in any way or for any purpose which may endanger the health or unreasonably disturb the Owner of any Lot or
any resident within Thornhill Estates. No business activity of any kind whatever shall be conducted in any building or in any
portion of said Property, provided, however, the foregoing covenants shall not apply to the business activities, signs, and
billboards or the construction and maintenance of buildings, if any, of Declarant, its agents, and assigns during the development
and sales period of lots in Thornhill Estates. In addition, the builder and his agent may have one sign each on their respective
lots during the construction phase.
(10) All mobile equipment, garbage cans, air conditioners, play stations, swing sets, basketball goals, skateboard
ramps, trampolines, service yards, wood piles, storage piles, other possibly unsightly objects shall be kept screened by
adequate planting or fencing so as to conceal them from view of the streets and adjacent lot owners. All rubbish, trash, or
garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon. Garbage cans shall be
removed from street within 24 hours of pickup. Gardening (vegetable) will be allowed only in the rear yard of each parcel.
(11) No action will be taken at any time by the Association or its Board of Directors, which in any manner would
discriminate against any Owner or Owners in favor of the other Owners.
(12) No recreational vehicles or commercial vehicles, including but not limited to horse trailers, boats, boat trailers,
utility trailers, house trailers, camping trailers, motorcycles, or similar type items shall be kept other than in the garage or
otherwise screened from the view of neighbors or the streets.
(13) Inoperative vehicles or appliances may not be abandoned on the premises. Inoperative vehicles may not be kept
on the premises longer than 48 hours. Vehicles in violation will be towed away at the owner's expense. Any auto repair must be
performed within the garage or in an area completely screened from the street and neighbors. No Vehicle parking is allowed on
subdivision streets and is restricted to lot driveways except for overflow parking for special occasions. No Recreational vehicles
or all-terrain vehicles will be allowed to be operated within Thornhill Estates Subdivision. No inoperable or commercial vehicles
will be allowed to be parked outside of garages or workshops. RV's and travel trailers may be parked on lots only in strict
accordance with regulations promulgated by Thornhill Estates Review Board. All travel trailers must be placed in the rear of
residence and screened by a wood privacy fence. No travel trailers may be used as temporary residences.
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(14) Upon completion of the construction of a new home, grass, weeds, vegetation and debris on each Lot shall be
kept mowed and cleared at regular intervals by the Owner thereof so as to maintain the same in a neat and attractive manner.
Trees, shrubs, vines, debris and plants that die shall be promptly removed from such Lots. Declarant or the Association, at its
option and its discretion, may mow and have dead trees and debris removed from such Lots and the Owner of such Lot shall be
obligated to reimburse the same for the cost of such work should the owner refuse or neglect to comply with the terms of this
paragraph.
(15) No obnoxious or offensive trade or activity shall be carried on upon any Lot in this planned development nor shall
anything be done thereon which may be or become an annoyance or nuisance to other Owners within Thornhill Estates.
(16) No building material of any kind or character shall be placed or stored upon any of said Lots until the Owner is
ready to commence improvements.
(17). The minimum heated ground floor area of the main building, exclusive of open porches and garages, shall be not
less than 2600 square feet heated and cooled in the case of a single-story residence and not less than 2000 square feet in the
case of a two story residence, however, in the case of a two story residence; there shall not be less than a total of 2600 square
feet of heated and cooled living area. Each residence must have a fully enclosed attached garage for not less than two (2) or not
more than four (4) cars. All garages shall be side loading. No front loading garages or carports whatsoever will be permitted.
(18) All homes must be of French Country Design with 85% brick or stone, exterior paint colors to be in harmony with
other homes (not bold colors) in area. 2 story dwellings must have a brick or stone first floor area with the front elevation to have
85% brick or stone. Exterior design shall be architecturally harmonious with the French Country design of other homes within
the subdivision with respect to quality of workmanship and quality of building materials. Hardiplank or other fiber cement siding
material shall be used for exterior siding. Vinyl siding is permitted as long as the colors conform to the color perimeters set forth
by the Declarant. Each lot owner shall keep his or her residence and lot in a condition comparable to its condition when initially
constructed. All roof coverings shall consist of dimensional / architectural asphalt composite shingle, colors to be shades in
harmony with other homes (no pastel or bold colors). Any other roof coverings must be approved by the Thornhill Estates
Review Board. Windows shall be constructed of wood, wood composite, vinyl or vinyl clad. No metal or aluminum windows shall
be permitted without prior approval by the Architectural Committee.
(19) All exterior lighting on each lot shall be constructed and maintained so as to provide such illumination as is
necessary for that lot only without unreasonably interfering with the peaceful enjoyment of any adjacent owner. All primary and
secondary electric service lines shall be run underground from its primary source to any building or outbuilding at the owner’s
expense.
(20) All driveways in Thornhill Estates shall be exposed aggregate concrete and must be totally completed prior to
occupancy of homes. Specially designed driveways such as combination stencil pad and exposed aggregate, combinations with
brick or stone, etc. may be approved by the Declarant or the architectural committee. Gravel drives are permitted only during the
construction period of homes.
(21) All mailboxes in Thornhill Estates shall be approved by the Declarant or the architectural committee. The
Declarant or the Architectural Committee prior to erection must approve any change in model. No brick, stone, stucco or other
such enclosure shall be erected around any mailbox or mailbox base pole. All mailboxes are to be the same color and style as
determined by the Declarant or the architectural committee.
(22) Prior to receiving the Certificate of Occupancy of a new residence, the home builder shall grade and sod the entire
lot, shall plant at least two hardwood trees with a minimum diameter of two (2) inches and shall plant at least twelve (12) shrubs
a minimum of eighteen inches (18) tall. Trees, to be planted in the front yard, shall be at least five (5) feet from the back of the
curb. Trees larger than 30 caliper inches (94.25 inches in circumference) must be preserved. After construction and landscaping
is completed, no trees with a diameter of six (6) or more inches, as measured two feet from ground level, may be removed
without the approval of the Declarant or the architectural committee.
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(23) All house plans, site plans including fencing, landscaping and driveway layout, house colors and materials shall
be approved by the Declarant or the architectural committee prior to construction. The Builder will submit to Architectural
Committee a full set of plans and specs along with all materials to be used to the Architectural Committee and must receive
approval in writing prior to starting construction on any home. No building, fence, satellite dish, antenna, or other improvement
shall be constructed without approval from the developer or the architectural committee. The Declarant must approve or
disapprove in writing any request made by a lot owner in writing within 30 days. If the lot owner does not receive approval or
disapproval notice within the said 30 days, the lot owner’s written request will be deemed approved. The Lot owner must make
any request in writing.
(24) The building setback lines shall be those shown on the recorded plat; however, each structure must comply with
the setback requirements of the governmental authority if not specified herein or on the recorded plat.
(25) The house must be completed within twelve (12) consecutive months from commencement of ground breaking for
the foundation. Each builder will be required to maintain a dumpster at the front curb of the residence under construction. This
dumpster shall be emptied periodically or when construction materials reach the upper rim. The required dumpster may be
shared between two or more builders and/or homeowners, and each shall be bound by the conditions noted herein. In lieu of a
dumpster, the builder must remove construction debris and trash on a weekly basis. No building shall be allowed to remain in an
unfinished state.
(26) Should a construction site be deemed in an unacceptable condition by the developer, the builder will be issued a
notice, which will require that the condition be corrected within five (5) days. Failure to comply will result in the developer
contracting to clean the site and back charging the builder and/or homeowner the direct cost. Lots must be kept in a neat,
clipped manner, clean and orderly. All owners of vacant tracts or absentee owners must arrange for grass clipping at least six
times per summer. In the event owner fails to do so, the developer reserves the right to enter upon said tract and care for the
same by removing rubbish and clipping the grass and to assess the owner for the charges for the same. No automobile without
current license plates or in inoperable condition will be allowed to be parked on any tract in the Subdivision, No used lumber,
building materials, or other junk, trash, or debris will be allowed to stand on or be accumulated on any tract in the Subdivision.
(27) Construction materials shall be kept out of the public right-or-way at all times and stored on the subject property.
Care shall be taken to protect any existing trees. Streets adjacent to said property shall be kept open for traffic at all times for
the protection of all parties and to provide emergency vehicles direct access to any part of the development.
(28) Concrete trucks are strictly prohibited from dumping any excess concrete anywhere within the development site
except in the designated dump area provided by the Developer for clean out of Concrete Trucks. The responsible party must
remove concrete, which is accidentally spilled on sidewalks, streets, curbs or asphalt paving, immediately.
(29) Each builder is responsible for his or her own Port-a-John or for making arrangements with nearby builders to
share a unit between several construction sites. Each Builder shall have at least 1 Port-a-John at any given time when the
Builder has houses under construction. The Port-a-John shall be maintained on a regular basis, and the door of the Port-a-John
shall face toward the subject property and not toward the street, sidewalk or other public right-of-way.
(30) The amount of surface water traversing the lots in this subdivision is subject to the intensity and duration of rainfall
and will vary with the terrain and location. A lot owner should site all buildings in consideration of these factors. The developer
makes no representation of warranty concerning the amount of surface water that will traverse the lots during periods of peak
water inundation and shall not be responsible or liable for any claims of any kind or character from said inundation due to a lot
owner's or builder’s choice of building elevation or design.
(31) Heating, air conditioning and plumbing vents cannot penetrate the roof on the front side of the house, but if
necessary, may be oriented to the side of the house. All Mechanical, Electrical, and Electronic equipment including air
conditioning condensing units and compressors will be located behind the front building line of primary surfaces. No window air
units will be permitted. All air conditioning units and compressors must be behind the fence or landscaped so to screen it from
being seen from the street.
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(32) If the parties hereto, or any of their heirs or assigns, shall violate any of the limitations and restrictions herein, it
shall be lawful for any person(s) violating or attempting to violate any such limitations or restrictions and either to prevent him or
them from doing so or to recover damages or other dues for such violations.
(33) There shall be no violation of any rules, which may from time to time be adopted by the Declarant or the Board of
Directors and promulgated among the membership by them in writing, and the Declarant and Board of Directors is hereby and
elsewhere in the Bylaws authorized to adopt such rules and the levying of fines for violations.
(34) Invalidation of any one of these covenants of judgment or court order shall in no way affect any of the other
provisions, which shall remain in full force and effect.
(35) Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the
recorded plat. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which
may damage or interfere with the installation or maintenance of utilities or which may change the direction of flow of drainage
channel in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the
owner of the lot, except for those improvements for which a public authority or utility is responsible.
(36) In order to provide for community safety, to provide protection for children and families, and to provide
for the stability of home values in this subdivision community, an additional covenant running with the land and
enforceable against all the present owners of said lots, and their successors in interest, grantees, and assigns both at law
and in equity, is that no subdivision lot or dwelling thereon shall be conveyed to, leased to, or occupied by a convicted,
registered sex offender listed in any State or Federal sex offender registry.
Article VII: Neighborhood Association:
There will be a Neighborhood Association for Thornhill Estates and each Lot owner will be responsible for adhering to
the rules and regulations and be responsible for paying all dues charged in connection with the Neighborhood Association. All
lot owners will receive a copy of the Rules and Regulations upon closing.
By signing below the Purchaser and Lot owner hereby acknowledges that they have received a copy and have read the
Covenants and Restrictions and agree to abide by all.
____________________________________________________
Purchaser/Owner
Date
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